Boston Injury Lawyer Blog

January 27, 2023

Medford Massage Envy Therapist Accused of Assaulting Two Women in Three Days

A customer has filed suit against Massage Envy, its managers, and a therapist for a sexual assault she says occurred during a massage at the chain’s Medford location. According to the Boston Globe, the woman reported the assault to the manager on March 3, 2021, but the manager took no action. Two days later, the same therapist allegedly raped another customer.

The lawsuit argues that the company was negligent in hiring and supervising its therapists and violated consumer protection laws by claiming that its spas are safe. In addition, the woman has sued massage therapist Gilberto DaSilva for assault and battery. DaSilva was not criminally prosecuted in this case because law enforcement was already pursuing rape charges on behalf of the second woman, according to the report.

Medford Massage Envy Therapist

January 20, 2023

Investigators Fault Driver, Missing Safety Feature in Green Line Crash

by Altman & Altman

In determining the cause of a 2021 Green Line crash that injured 27 people, federal investigators faulted a speeding train operator—as well as a missing safety feature they say would have prevented the accident. Two and a half years after the incident, the National Transportation Safety Board (NTSB) released a report concluding that the driver’s “loss of situational awareness” and “full-power” acceleration caused him to collide with another train.

The investigation also revealed that the accident didn’t have to happen. According to the report, the current Massachusetts Bay Transportation Authority (MBTA) operations and control system lacks a key engineering feature that would have prevented such a crash. The recommended technology can both detect collision threats and prevent trolleys from violating speed policies. According to the Boston Globe, the NTSB first recommended the crash-avoidance system more than 14 years ago, but it has not yet been installed.

Green Line Train Accident

December 14, 2022

Electric Bicycles Recalled After Reports of Crashes, Explosions, and Other Potential Hazards

by Altman & Altman

E-bikes now make up the fastest-growing segment of the U.S. electric vehicle economy, according to ABC10. Along with the increased popularity, however, come reports of crashes, injuries, fires, and other hazards. In 2022, the Consumer Product Safety Commission (CPSC) announced multiple recalls related to electric bicycles.

While electric bikes have been recalled for a variety of mechanical failures and battery problems, one of the biggest e-bike recalls of the year was due to defective tires. In November, Rad Power Bikes recalled over 29,000 RadWagon 4 Electric Cargo Bikes after receiving 137 reports of tires blowing out, deflating, and separating from the sidewalls. Eight reported injuries occurred, including broken bones, road rash, and cuts and/or bruises.

Rad Power Electric Bike Recall

December 6, 2022

Parents Sue Stanford University for Wrongful Death After Daughter’s Suicide

by Altman & Altman

The parents of a former Stanford student have sued the university following their daughter’s suicide, according to multiple news sources that have reviewed the complaint. A senior and goalkeeper for the school’s soccer team, Katie Meyer ended her life in her dorm room on February 28. At the time of her death, the 22-year-old faced disciplinary action from Stanford that put her degree on hold and threatened to remove her from the university.

Meyer Charged Over Coffee Incident

The disciplinary charges stemmed from an incident where Meyer allegedly spilled coffee on a Stanford football player accused of sexually assaulting a female soccer player. It is unclear whether the spill was accidental or whether Meyer was defending her soccer teammate.

December 6, 2022

Portable Generators Recalled After Dozens of Injuries Reported

by Altman & Altman

Over 320,000 Generac portable generators have been recalled after 37 reports of injuries, including 24 resulting in finger amputations. Although the recall originally came in 2021 after eight reports of injuries, the U.S. Consumer Product Safety Commission (CPSC) announced the recall again in November 2022 after additional reports of injuries.

Unlocked handles on the recalled generators can pinch the user’s fingers against the frame when the generator is moved, posing finger amputation and crushing hazards. The gasoline-powered generators were sold from June 2013 to June 2021 at major retailers across the country, including Ace Hardware, Amazon, Lowe’s Stores, Home Depot, Costco, Napa Auto Parts, True Value, and more.

Generac Generator Recall Details

November 17, 2022

Brain Injuries Caused by Auto Accidents and Accidental Falls in Massachusetts

by Altman & Altman

Massachusetts residents had higher rates of traumatic brain injury-related emergency department (ED) visits than residents of any other state studied, according to a 2021 report in the Journal of Head Trauma Rehabilitation. Over 998 per 100,000 MA residents went to an emergency room for a traumatic brain injury (TBI) in a single year, topping the list of the 25 states reporting that data. While the Commonwealth fared better on TBI-related deaths and hospitalizations, one thing is clear: brain injuries affect a substantial number of Massachusetts residents every year.

TBIs occur when a bump, blow, jolt, or penetration to the head disrupts normal brain function. Although many TBIs result in mild concussions, serious brain injury is a major cause of death and disability. In fact, a 2018 special report by the Massachusetts Department of Public Health (DPH) indicated that TBIs contributed to 68,260 emergency room visits, 5,062 hospitalizations, and 820 deaths of MA residents in one year.

Causes of Brain Injuries in Massachusetts

October 31, 2022

Can Paraquat Exposure Cause Brain Damage, Dementia and potentially Parkinson’s Disease?

by Altman & Altman

One of the most widely used weed killers in the world, paraquat has recently drawn criticism for its potential link to Parkinson’s disease (PD). Lawsuits by thousands of farmers, agricultural workers, and others exposed to paraquat claim it caused them to develop the incurable brain disorder. PD symptoms can include shaking, fatigue, difficulty walking and talking, memory problems, and even dementia.

Paraquat manufacturer Syngenta (along with its corporate predecessors) has long defended the chemical’s safety. An October 2022 Guardian report, however, revealed that the company appears to have known about paraquat’s potential neurological dangers for decades. In addition, when internal research showed negative effects of paraquat on brain tissue, Syngenta apparently withheld that information from regulators while downplaying similar findings by independent scientists.

What is Paraquat?

October 18, 2022

Can I Sue My Landlord for a Slip and Fall Accident?

by Altman & Altman

Accidental falls send more Massachusetts residents to the ER than any other reason. If you suffer an injury due to a fall on the job, workers’ compensation insurance may cover your medical bills and missed days at work. But what if you slip and fall at your place of residence? In some circumstances, you can legally seek financial compensation from your landlord.

What Causes Slip and Fall Accidents at Rental Properties?

According to the National Floor Safety Institute, hazardous floors are the leading cause of accidental falls. A wide variety of floor-related and other hazards at rental properties can potentially cause you to trip or slip and fall, including the following:

October 13, 2022

Studies Link Roundup Weed Killer to Cancer and Neurological Diseases

by Altman & Altman

If you’ve ever used a commercial weed killer on your yard or farm, you have likely used Roundup®. In fact, glyphosate — the active chemical in Roundup — is the most widely used herbicide in the United States. In the past decade, however, concerns about its health effects have caused over 125,000 people to file lawsuits claiming Roundup causes cancer.

And now, new research suggests that the controversial product may also increase the risk of neurological disorders like Alzheimer’s and Parkinson’s disease. Roundup owner Bayer announced that it will stop selling glyphosate-based herbicides for residential use in the U.S. beginning in 2023. But that does little to help the tens of thousands of people who believe they were harmed by the product.

Does Roundup Cause Cancer?

In 2015, the International Agency for Research on Cancer (part of the World Health Organization) classified glyphosate as “probably carcinogenic to humans.” According to NPR, the scientists based their conclusion on the following three types of studies:

“Strong evidence” that glyphosate can damage cellular DNA, which is the first step in causing cancer.
Studies showing that when mice consume glyphosate, they get more tumors.
“Limited evidence” that people exposed to glyphosate have higher rates of a kind of cancer called non-Hodgkin lymphoma.

While non-Hodgkin lymphoma is the form of cancer most commonly associated with Roundup, a 2022 University of California study found a link between thyroid cancer and 10 pesticides, including glyphosate.

Does Roundup Cause Neurological Diseases?

Several studies in the past few years have raised concerns about the long-term health risks of Roundup, especially regarding diseases of the brain:

In 2020, a study in Japan concluded that glyphosate may be a risk factor for Parkinson’s disease.
In 2022, a Florida Atlantic University and Nova Southeastern University study showed that glyphosate and Roundup increased seizure-like behavior in roundworms, concluding that the chemical has “concerning” effects on the nervous system.
In 2022, researchers from Arizona State University showed that glyphosate infiltrates the brain, suggesting a possible link to conditions such as Parkinson’s disease, Lewy body disease, and Huntington’s disease.

Although the U.S. Environmental Protection Agency (EPA) released a decision in 2020 that did not identify any human health risks of concern from glyphosate exposure, it withdrew this decision in 2022 pending further review. Continue reading

September 23, 2022

MBTA Safety Incidents Prompt Federal Investigation

by Altman & Altman

After a series of train derailments, fires, injury collisions, and fatal accidents, the Massachusetts Bay Transportation Authority (MBTA) has come under fire for what federal regulators called its “lax safety culture.” A “pattern of safety incidents” prompted the Federal Transit Administration (FTA) to conduct a months-long investigation into Boston’s rail transportation system. The review revealed overworked employees, issues with staffing, a lack of safety protocols, and a long backlog of maintenance cases. On August 31, the FTA ordered the MBTA to address 53 problem areas.

Recent MBTA Accidents

In the past year alone, multiple accidents on and around the T have resulted in injuries and deaths. The transit system has decayed over the course of decades, according to a report by WBUR highlighting the following high-profile MBTA accidents: