Boston Injury Lawyer Blog

September 22, 2015

New Study Shows Sexual Assaults on College Campuses Are Dramatically on the Rise

A study conducted by the Association of American Universities released on Monday has produced staggering results in regards to the number of sexual assaults taking place on college campuses across the country. According to their report entitled “Campus Climate Survey on Sexual Assault” approximately 23.1 % of female undergraduate students have been victims of unwanted sexual contact by physical force or threat of physical force. The study included information amassed from 150,000 students at 28 different universities across the U.S.

The Association of American Universities, AAU for short, administered their Campus Climate Survey on Sexual Assault to 60 different member universities but only 27 universities chose to take part in the survey. One non-member university also participated in the survey administered by the AAU. Of the 60 member campuses, three from Massachusetts declined to take part. Boston University, Brandeis University, and MIT all opted out of the sexual assault survey. Harvard University, however, chose to take part in the survey and found their results to be alarming. Approximately 31% of their 60% senior female student body responded that they had experienced nonconsensual sexual contact since they began taking classes at Harvard University. Many of the 31% indicated that the sexual could be classified as rape and not just sexual harassment. Continue reading

September 22, 2015

Adventist Health System to Pay $118.7 Million to Settle Whistleblower Case – Doctor’s “Self – Referral” at Heart of Allegations

by Altman & Altman

Adventist Health System, based out of Florida, has reached a settlement with the federal government following allegations of the system offering “excessive” compensation for doctor’s referrals. In the settlement, Adventist Health Systems will have to pay a record setting $118.7 million to the federal government after three whistle-blowers from the company brought the case against the system in 2012.

Adventist Health System includes approximately 44 hospital campuses across 10 different states in the US. The whistle-blowers directly involved in the case had previously worked at a branch of the company, Adventist Park Ridge Health located in Hendersonville, N.C. The three individuals have been identified as risk manager Michael Payne, executive director of physician services Melissa Church, and a compliance officer for physician services by the name of Gloria Pryor. The case they brought against Adventist Health System alleges that Adventist paid doctors for referrals to their company in North Carolina, Florida, Tennessee, and Texas. These allegations are in direct violation of the Stark Law—a law that was instated under three separate provisions that govern physician’s ability to self-refer clients to a medical facility that they hold some type of financial investment in. This investment may include ownership of the facility or a structured compensation agreement with the facility in question. The case brought against Adventist further prompted claims to the government alleging that the system was also in violation of the False Claims Act, which is imposed on companies who “defraud” government programs.

Included in the case against Adventist Health System is the claim that the company paid for car leases for a BMW and a Mustang for a surgeon involved with one of their facilities. Another claim states that they paid an additional $710,000 in bonuses to a dermatologist who only worked out of the office three days a week. Adventist Health System is one of the largest systems of its kind in the nation. And the settlement reached between the company and the federal government over these claims is the largest ever reported for a settlement under the Stark law.

September 22, 2015

Man Struck and Killed by MBTA Train – Accident Under Investigation

by Altman & Altman

A man was struck and killed by a train Monday afternoon according to reports provided by The Boston Fire Department. Law enforcement officials received a call at approximately 2:30 PM stating that man had become pinned underneath a Red Line train at the JFK/U Mass MBTA station. Though responding officers worked to release the man from beneath the train, the victim was later pronounced dead on scene following the retrieval efforts.

The name of the victim has yet to be released by authorities are stating that the unidentified man is between the ages of 50-60 years old. The exact events surrounding the accident are currently under active investigation but police have stated that they do not suspect foul play in the matter. According to an MBTA police officer, the man allegedly stumbled onto the tracks in the Dorchester neighborhood that houses the JFK/U Mass MBTA station. It is not clear at this time if the man accidently stumbled onto the tracks or if he does so purposefully. He was subsequently struck by a Red Line train destined for the Braintree station shortly after falling onto the tracks.

Transit police detectives for the MBTA are currently investigating the incident with help from the Suffolk County District Attorney’s office in an effort to determine what lead to the fatal accident. Continue reading

September 21, 2015

The Risks Associated with Hand Sanitizers and Young Children

by Altman & Altman

Hand sanitizers have become increasingly popular over the years as people have become more fearful of germs and what they can do to our bodies. Sanitizers contain approximately 70-90% alcohol content that allows for the immediate removal of germs on your hands. But recent studies show that children may become poisoned by the sanitizers if the children were to ingest them—also a trend that seems to be on the rise as these new sanitizers come in a variety of scents that could prove confusing to young children.

A mother from Easton, Massachusetts, Jennifer Daly has said that in a home with three children, she treats hand sanitizer as a toxin. She keeps the sanitizer bottle on the top shelf of a medicine cabinet along with the other medicine that needs to be kept away from young children. Daly is the mother of twin 5 year olds as well and an 8 year old child—she is doing what she feels is in their best interest in an effort to keep them safe from the harmful side effects that come along with ingesting hand sanitizer.

According to reports released form the Georgia Poison Center, the number of cases of children under 12 years of age who have suffered harmful side effects as the result of ingesting hand sanitizer has quadrupled from 2010 to 2013. There were 16, 117 cases reported nationwide of children suffering from hand sanitizer poisoning in 2013 as opposed to the 3,600 reported nationwide for 2010. Dr. Gaylord Lopez, director of the Georgia Poison Center, has said that children have a tendency to eat things regardless of how they may smell and taste. Dr. Lopez has stated that this is one of the main causes for alarm in terms of children ingesting hand sanitizer. Nowadays, the sanitizers come in a variety of scents, such a strawberry, grape, and cherry. Some children may not realize the severity of the matter when they ingest such sanitizers, and may become “drunk” as a result of the sanitizer consumption.

September 18, 2015

Dehydration and Malnutrition in Nursing Homes – The Scary Statistics

by Altman & Altman

The transition of a family member to a nursing home can be an emotional and confusing time for everyone involved. Relatives hope for the best possible care. However, the unfortunate truth is that many patients suffer from dehydration and malnutrition at some point during their residence in a nursing home. The most prevalent reason for this form of neglect is insufficient staffing.

Medical issues resulting from poor diet and dehydration include bone problems, tooth decay, low blood pressure and anemia, all of which can lead to death. One recent study revealed that an estimated 85% of nursing home residents do not receive proper nourishment. This study analyzed patients in over 17,000 facilities across the United States. The same study reports that 30% to 50% of residents are underweight. Family members can help prevent these types of neglect by knowing which symptoms to watch for, and by addressing any potential warning signs as soon as possible.

Nursing Home Reform Act of 1987

In response to the Institute of Medicine’s discovery of an epidemic of nursing home neglect in a 1986 study, the Nursing Home Reform Act became law in 1987. This act established the Residents’ Bill of Rights and ensured services to provide higher levels of physical, mental, and psychological wellness. Nursing facilities receiving Medicare and Medicaid income require compliance with certain practices in the Nursing Home Reform Act. These practices include:

Thorough care plans for each resident, to be assessed periodically
Full nursing care
Rehabilitation services
Pharmaceutical services
Nutrition services
Full-time social worker services for homes with more than 120 beds

September 18, 2015

Bridgewater Bicyclist Struck by Minivan – Airlifted to Hospital – Accident Under Investigation

by Altman & Altman

As the end of summer approaches many people are still riding their bikes to school and work. You always have to be keenly aware of bike riders, but especially during busy rush hour. A bicyclist suffered serious injuries Thursday morning after colliding with a vehicle in Bridgewater, Massachusetts. Preliminary reports for the accident reveal that at approximately 7:30 AM a bicyclist crashed through a window of a minivan after colliding with the front of the vehicle. The bicyclist was taken via medical helicopter to a nearby hospital following the accident.

Reports have indicated that the bicyclist has been identified as 38 year old Stephen Rogan who currently resides at 36 Howard Street in Bridgewater. Rogan had been riding his bike along the intersection of Pearl Street and Perkins Street when he collided with the front of a Dodge Caravan. Upon impact, Stephen Rogan crashed through a window of the vehicle and ended up somewhere inside the Caravan. According to Bridgewater Fire Lieutenant Bob Mancinelli, Rogan sustained head and facial injuries as a result of the collision. The severity of these injuries was not made immediately available.

The driver of the Dodge Caravan has been identified as 50 year old Michael Lee of Wedowee, Alabama. Lee was not injured as a result of the collision. Initial reports indicate that Lee had been stopped at a Stop sign on Perkins Street. Rogan had attempted to take a turn from Pearl Street onto Perkins Street when he collided with Michael Lee’s Caravan. Reports have not indicated whether or not Rogan possibly lost control of his bike or simply didn’t see Lee at the Stop sign. The exact circumstances surrounding the collision are currently under investigation by the Bridgewater Police Department as well as Plymouth County BCI. Continue reading

September 18, 2015

GM Agrees to Pay $900 Million Settlement for Defective Ignition Switch

by Altman & Altman

The car company giant General Motors have agreed to pay a $900 million fine in an effort to settle criminal charges placed against them following the announcement of defective ignition switches that have led to 124 reported deaths of GM customers. The Justice Department disclosed details of the GM settlement on Thursday. GM has since begun a recall of the vehicles in possession of the deadly ignition switch after they found that the switch could shut off while the car was being driven. If this were to happen, the airbags would become disabled and the driver would not have access to power safety steering or to their brakes. Reports have indicated that GM knew about the defect some 10 years prior to issuing the recall which has caused uproar from victims of the faulty ignition switch.

General Motors delaying their findings is the basis for the criminal charges being brought against them by various victims. The company and their CEO have acknowledged their fatal mistake and are willing to pay the price necessary to reach a settlement with the victims and their family members. Mary Barra, GM CEO, addressed her company and told them the blunt truth of the situation: “People were hurt and died in our cars.” Barra went on to say that the company is sincere in their apologies and are working toward making “substantial” changes to their vehicles.

Individual executives for General Motors are not being specifically charged with any criminal matters. Attorney Preet Bharara indicated that laws restrict the ability to prosecute individuals in connection to an event of this nature. Bharara went on to say that the company was officially charged with failing to report information about a possible defect. Attorney Bharara went on to say that due to the nature of this crime it would be difficult to pinpoint exact individuals who may have had access to this information 10 years ago. He also stated that he met with family members of victims who lost their lives due to the defect and that he sympathizes with their disappointment toward not having individuals being held specifically accountable. “We apply the laws as we find them, not the laws as we wish them to be.” Continue reading

September 16, 2015

Box Truck Crashes Into Whitman Home – Two Injured – Driver Tasered and Arrested

by Altman & Altman

An Enterprise box truck crashed into a home in Whitman, Massachusetts early Wednesday morning, resulting in injuries to two individuals. The driver of the Enterprise rental truck was injured when his vehicle collided with the side of the Whitman home—but following the arrival of law enforcement officials on the scene, the driver of the vehicle became combative and was subsequently tased by responding police officers. The extent and nature of his injuries was not made immediately available.

Police officers have identified the driver of the Enterprise truck as 30 year old David Anderson of East Bridgewater. Initial reports for the accident have indicated that Anderson struck another vehicle from behind with the box truck, which caused the driver of the other vehicle to veer off of the road. Responding officers have stated that the other vehicle in question was a dump truck driven by 24 year old Isis Barbosa of Bridgewater. Barbosa sustained non-life threatening injuries following the accident and was transported to nearby Brockton hospital to receive treatment. An update on Barbosa’s condition has not yet been provided.

Police officers went on to say that the initial accident occurred when Isis Barbosa stopped the dump truck for a school bus ahead of Barbosa on the road, and it was at this time that David Anderson rear-ended the vehicle. The impact of the collision forced Barbosa’s truck off the side of the road where it stayed on the right shoulder of the road. Anderson’s Enterprise truck, however, careened off the road and struck the side of a garage of a home located on nearby Auburn Street. The garage suffered extensive damages as the result of the collision, and officers specified that splintered wood and debris from the roofing shingles littered the ground. The front of the Enterprise truck also suffered heavy damage. There are no further injuries reported for the incident aside from the injuries sustained by David Anderson and Isis Barbosa. Continue reading

September 15, 2015

Car Crashes Into Westgate Mall Entrance- Driver Flees – No Injuries Reported

by Altman & Altman

In a strange turn of events, a building has been the victim of a hit-and-run crash in Brockton, Massachusetts that took place in the early morning hours on Tuesday. The Brockton Police Department received an alarm from the main entrance of the Westgate Mall at approximately 2:40 AM. The mall, which is located on 200 Westgate Road in Brockton, suffered extensive damage as a result of the crash. Responding officers have stated that the driver of the vehicle fled on foot sometime after the accident occurred.

Upon their arrival on scene, Brockton Police Officers discovered that the Westgate Mall had sustained various degrees of damage to the entrance located near the Subway restaurant chain. Initial reports have indicated that two glass entryways to the mall had been completely smashed through by the vehicle. As a direct result of this occurrence, broken glass littered the ground surrounding the entryway and the metal frame supporting the doors had been damaged. Responding officers indicated that the metal frames had been bent and twisted as a result of the collision with the suspect’s vehicle. Continue reading

September 15, 2015

Motor Vehicle Whistleblower Act Aims to Reduce Defect-Related Accidents

by Altman & Altman

In the wake of several high-profile, and deadly, motor vehicle accident cases, the U.S. Senate has approved an incentive for automotive industry whistleblowers. The Thune-Nelson Motor Vehicle Safety Whistleblower Act encourages auto industry employees, contractors, and others to report vehicle defects and other safety problems that could result in serious injury or death. The incentive is quite substantial. In fact, if penalties are imposed by the Department of Transportation or U.S. Department of Justice, whistleblowers may receive up to 30 percent of penalties in excess of $1 million.

The intent of the act is to encourage auto employees, contractors, manufacturers, suppliers, and dealerships to report information that could prevent unnecessary accidents. The legislation is modeled after existing Internal Revenue Service and Securities and Exchange Commission whistleblower protections that help prevent tax fraud and illegal investment activities.

Bipartisan Act Will Encourage Automotive Workers to Report Safety Defects

The Thune-Nelson Motor Vehicle Safety Whistleblower Act was approved by the Senate Committee on Commerce, Science, and Transportation in November of last year. United States Senators John Thune and Bill Nelson introduced the bipartisan Act. “While I believe most manufacturers are dedicated to putting vehicle safety first, there have been disappointing examples where that did not happen and Americans died and sustained serious injuries,” Thune stated. “This legislation will be a powerful tool to help ensure that problems regarding known safety defects are promptly reported to safety regulators.”

“The auto industry needs to be held accountable if it makes decisions that result in serious injuries or deaths,” Nelson said, “ And, one way to do that is to encourage insiders to come forward and tell the truth.” Continue reading