Boston Injury Lawyer Blog

May 26, 2015

Half-Dozen Injured in Pedestrian Accidents on the South Shore Over Memorial Day Weekend

Six women were struck by a car on Sunday, making it the second reported pedestrian accident to occur this Memorial Day weekend.

According to WCVB.com, the women, in their 20s, were walking along Beach Road in Orleans when they were hit by a Honda Civic. All were transported to Cape Cod Hospital with serious injuries. This was the second accident to occur on Sunday: an elderly pedestrian was tragically struck and fatally injured while attempting to cross Route 3A in Hingham just around noontime near the entrance of Lincoln Plaza. Police say the man was standing on a sidewalk near an MBTA bus stop and possibly fell or stepped into the street when he was hit. Officials are preliminarily calling both cases accidents.

According to a report by the National Highway Traffic Safety Administration, 4,280 pedestrians were killed as a result of motor-vehicle crashes and 70,000 were injured in pedestrian accidents in 2010. The number of pedestrian fatalities in 2010 accounted for 13% of all motor-vehicle accident fatalities and the number of injuries accounted for 3% of the total amount of individuals injured in a traffic accidents.

May 23, 2015

New Bedford Wrongful Death Lawsuit Filed Against Police for Teenager’s Shooting

by Altman & Altman

The family of Malcolm Gracia is suing the city of New Bedford and its police department for Massachusetts wrongful death. The family claims that the 15-year-old was wrongfully detained in 2012 and he was shot without justification. They believe he was a victim of racial profiling.

Detectives detained the teenager after a police sergeant witnessed him on a video feed making what appeared to be a gang handshake. The family’s lawyer claims that the defendants targeted Garcia because of his socioeconomic and racial profile even though he wasn’t caught committing any crime.

Gracia tried to run from the police. However, as Detectives Tyson Barnes approached him, Gracia stabbed the officer three times. Another detective, Paul Fonseca, fired his Taser at the teen, who went down but refused to drop his knife. That was when Gracia was shot multiple times.

May 22, 2015

What Are My Rights If I Get Bitten By a Dog in Massachusetts?

by Altman & Altman

Every state has its own set of rules surrounding dog bites. Laws in certain states show more favor to the victim, while others show more favor to the dog’s owner. Some states are considered “strict liability” states, meaning the dog’s owner is strictly liable for injuries caused by their dog. On the other side of the spectrum, “one bite” states often forgive the first occurrence. Massachusetts has some of the best dog bite laws in the country, if you happen to be the victim.

Strict Liability

As a “strict liability” state, Massachusetts holds a dog’s owner liable for any harm the dog causes, including property damage or physical injury, with certain exceptions. If the alleged victim was trespassing at the time of the attack, the dog owner will not be liable. Similarly, if the alleged victim was teasing, tormenting, or abusing the animal, the dog’s owner will not be liable. However, if the victim is a child under the age of seven years, it will be presumed that none of the above exceptions apply. In cases involving a minor of less than seven years, the burden of proof will be on the dog’s owner.

According to the Centers for Disease Control and Prevention (CDC), dogs bite over 4.7 million people annually. Half of those bitten are children. Over 380,000 dog bite victims require emergency room treatment for their injuries. Small children, postal workers, and the elderly are most at risk for dog bites (in that order). However, young children (ages five to nine) are by far the most at risk, and the majority of their injuries occur on the face and neck. Continue reading

May 21, 2015

Bicycle Helmet Safety – the Importance of Preventing Head Injuries

by Altman & Altman

According to the American Association of Neurological Surgeons, bicycle accidents account for a significantly higher percentage of sports-related head injuries than football. This is surprising given that football typically dominates the head injury discussion. In fact, cycling is the number one cause of traumatic brain injuries in this country. This is also true of sports-related head injuries in children younger than 14. While bicycling is an exceptionally healthy, environmentally friendly activity, its wholesome image may mislead people into feeling invincible when on a bike.

The National Highway Traffic Safety Administration (NHTSA) reported that in 2013, 743 bicyclists were killed and 48,000 were injured in crashes with motor vehicles. When cyclists collide with a car or truck, their risk of serious injury and death skyrockets if they are not wearing a helmet. Approximately 90 percent of bicycle riders killed nationwide are not wearing a helmet. There is currently no federal law that requires the use of bicycle helmets, although many states and localities have their own laws. Most of these laws apply to children under the age of 18, however, there are certain laws that pertain to all ages. Although many states do not require the use of bicycle helmets for adults, the decision to wear one should not be taken lightly. Your chance of escaping serious head injuries and death is directly related to your choice to wear a helmet. Continue reading

May 20, 2015

Family Files Massachusetts Wrongful Death Case Against Boston University Fraternity

by Altman & Altman

The parents of Anthony Barksdale II are suing the Boston University chapter of the Sigma Alpha Mu fraternity for Massachusetts wrongful death. Their son, a college freshman, died after getting drunk at a pledge party in 2013. He was looking to become a fraternity member.

At the time of his death Barksdale was 18, which is below the legal drinking age. He was a given a 1.5 liter bottle of vodka to drink at the fraternity and reportedly became very intoxicated before collapsing. His family, in their Boston wrongful death case, contend that no one called for help until later in the evening when Barksdale started throwing up.

Paramedics who arrived at the scene were unable to revive him. Barksdale was pronounced dead at a Brighton, MA hospital.

May 19, 2015

Nursing Home Owner to Pay $300,000 for Medicare Fraud in Federal Case Brought in Boston, MA

by Altman & Altman

Rosseau Management Inc. will pay $300,000 to resolve a Medicare billing fraud lawsuit accusing the assisted living facilities owner of letting subcontractor RehabCare Group East. Inc. turn in fraudulent Medicare claims. The latter provided rehabilitation therapy at three facilities.

According to the Department of Justice’s U.S. Attorney’s Office in the District of Massachusetts, previous to October 2011, Rosseau did not take the necessary steps to stop RehabCare from providing high levels of therapy that were unreasonable or unnecessary during “assessment reference periods.” This caused the assisted living facilities to bill for care for their Medicare patients at the highest levels of reimbursement. During other times when assessment wasn’t a factor, RehabCare gave these same patients less therapy.

May 18, 2015

Woman Who is Paralyzed after Delivering Baby Wins $35.4M Boston Medical Malpractice Verdict

by Altman & Altman

Andrea Larkin has been awarded $35.4 million for Massachusetts medical malpractice. Larkin, who was not placed on a notification list for her brain abnormalities, which were identified during an MRI and CAT scan after she ran the Boston Marathon in 2004, suffered a serious stroke after delivering her newborn daughter in 2008.

If information about her brain abnormalities been made available so that the 35-year-old woman’s obstetrician had access to the data, Larkin would have been directed to have a Caesarean delivery rather than going into labor. She had to be induced into a coma for two months. When she woke up, she was unable to talk, walk, eat, or speak.

Except for movement in one arm Larkin remains totally paralyzed. She did not hold her daughter for nearly a year. Now, she needs two caretakers to help her.

May 17, 2015

First Train Accident Lawsuit is Filed in Amtrak Train Derailment That Killed Eight, Injured Over 200

by Altman & Altman

An Amtrak employee is the first to sue the company for personal injury over the deadly train derailment accident that injured more than 200 people and killed eight others on Tuesday in Philadelphia. The plaintiffs are employee Bruce Phillips and his wife Kalita Phillips.

At the time of the train accident Phillips was “deadheading” in a rear car of Amtrak Regional Train 188. Deadheading is when an off-duty crewmember rides the train at no charge.

May 16, 2015

Woman Files Massachusetts Injury Case After Police Officer Accidentally Shoots Her in the Face

by Altman & Altman

Britteney Miles is suing for Massachusetts personal injury. Miles was pregnant in 2012 when a former police officer accidentally shot her in the face. She is seeking $1.5 million.

Police arrived at her apartment to answer a 911 call over a possible break in. When Miles, 21, who was holding her daughter in her arms went to open the door, former officer Danielle Petrangelo’s gun went off by accident.

According to the plaintiff, when Petrangelo knocked on the door she was holding her servce revolver at chest level and pointing it toward the entrance. The gun discharged as Miles unlocked the door, causing injury to the woman, who was shot in the chin and face.

May 15, 2015

Peabody Man’s Family Awarded $400K in Massachusetts Slip and Fall Case Against Target

by Altman & Altman

The daughters of a man who sustained injuries in a Danvers, MA slip and fall accident in a Target parking lot will be getting $400,000 in personal injury compensation. Emanuel Papadopoulos was walking back to his car in 2002 when he fell on a patch of dirty ice in the parking lot and broke his hip.

He and his wife filed a Massachusetts premises liability case gainst Target and Weiss Landscaping Company, Incorporated. The latter was hired to get rid of the ice and snow in the lot. Their complaint was dismissed because of the then existing standard, which did not hold property owners liable for injuries involving ice and snow that had naturally accumulated.

It was this case that led to a change in the legal standard for proving negligence in Massachusetts slip and fall incidents where ice and snow are involved. In 2010 the Supreme Judicial Court went on to establish a new standard to hold premise owner accountable about clearing up such accumulations.