Boston Injury Lawyer Blog

April 9, 2015

$17.5M Birthing Malpractice Settlement Reached in Case Against Hospital

The family of a boy who was born with spastic quadriplegia will receive a $17.5 million medical malpractice settlement from the hospital where he was born. Because of his birthing injury, the boy will be disabled for life.

According to the birthing malpractice case, the hospital and the obstetrician were negligent during labor and delivery. While the doctor was cleared of liability, the hospital was ordered to pay $18.27 million but the family agreed to a slight reduction to close the case for good and avoid an appeal.

In another birthing injury case involving lifelong disabilities, the parents are seeking compensation after their child experienced hypoxia, depriving the baby of oxygen during labor and delivery.

April 7, 2015

Carbon Monoxide Poisoning Cited in Deaths of Father, His Seven Children

by Altman & Altman

Rodney Todd and his seven kids died yesterday from what police say appears to be an incident of carbon monoxide poisoning. Todd, 36, purchased a generator after the power was shut off to their residence for lack of payment. The names and ages of the children: Tybria, 6, Zycheim, 7, Tyania, 9, Tybree, 10, Tykira, 12, Cameron, 13, and Tynijuiza, 15.

Police discovered the bodies of Todd and his kids after a co-worker reported not having seen him for a number of days. The generator is the suspected source of the carbon monoxide leak. A family member said that Todd bought the generator to keep the family warm.

The Delmarva Power Company was subpoenaed to confirm exactly when the power was cut. Unless an affidavit has been submitted to the Public Service Commission, Maryland law does not allow utility companies to shut off electric service because of lack for payment from November 1 through March 31. According to the company, it cut the power at the family’s home on March 25 not because of unpaid bills but because a stolen electric meter was being used at the residence.

March 31, 2015

GM Settles Family’s Second Faulty Ignition Switch Lawsuit Over Daughter’s Wrongful Death

by Altman & Altman

The parents of Brooke Melton have settled their second auto products liability case with General Motors. Brooke, 29, died on her birthday in 2010 when her 2005 Chevrolet Cobalt skid on a wet road and was struck by another car.

Experts hired by the Meltons’ legal team said that the ignition of the Cobalt had slipped from “run” into “accessory” mode just before the collision, causing the engine, power steering, airbags, and power brakes to become disabled. They also identified that the ignition switch used in the Cobalt was not the same as the one found in cars of the same model that were built in the years following. The products defects case was settled for $5 million.

However, after GM disclosed that a number of its vehicles were linked to an ignition switch defect last year—the company eventually recalling some 2.6 million vehicles—the Meltons sued the automaker again, claiming that the company committed fraud by settling the first case while continuing to knowingly sell faulty ignition switches. The manufacturer’s own engineers have said that excessive weight or jarring on an ignition key may cause the switch to move from “run” to “accessory” mode, shutting off the power.

March 30, 2015

Massachusetts Nursing Home Abuse Charges Lead to Conviction of Ex-Certified Nursing Assistant

by Altman & Altman

Paul Shartrand, a former Berkshire County nursing home worker, has been convicted of caretaker abuse of a disabled person, as well as assault and battery of a person. The 48-year-old is accused of sexually assaulting a disabled person under his care.

The nursing home resident, 55, was at a Lee, MA facility when the Shartrand, then a certified nursing assistant, allegedly attempted to receive oral sex from her in 2012. She was already in the advanced stages of Huntington’s disease at the time, and could no longer speak, move, communicate, or feed herself. A supervisor claims to have witnessed the Massachusetts nursing home abuse incident.

The jury acquitted Shartrand of the charge of assault with intent to rape. His lawyer claims that the supervisor who reported seeing the alleged attempted sex assault had a grudge against the nursing home worker. Shartrand contends that he was merely adjusting the bedridden patient and not assaulting her. Lee Police said that Shartrand initially agreed to provide an evidentiary swap of his genital area but later changed his mind.

March 30, 2015

Falling Cans of Seafood At Local Supermarket Result in Lawsuit

by Altman & Altman

Market Basket is in the midst of a premises liability lawsuit after a patron claimed she was injured by falling seafood.

According to WCVB, 74-year-old Ida Clement is alleging Market Basket was negligent after she was struck by several bottles of clam juice, which had fallen off of a shelf at the Derry, New Hampshire store in 2012. According to Clement, she was reaching for cans of tuna fish, when the “heavy” bottles of clam juice fell from a shelf above and hit her—even before she touched anything on the shelf. Clement was forced to undergo multiple surgeries to treat her injuries.

Accidents that involve falling merchandise can be embarrassing for a victim. There may be a multitude of reasons why merchandise falls off a shelf, including products being stocked too high or being unsecured due to items of different sizes being stacked on top of each other, vibrations, or because store employees receive little or no training in proper stocking techniques. Head injuries, back injuries, and broken or sprained bones are often a result of being struck by falling merchandise. Continue reading

March 30, 2015

Massachusetts Mother Arrested for Hosting Underage Drinking Party: A Reminder to Parents About Social Host Liability Law

by Altman & Altman

A North Andover woman was arrested this weekend for hosting an underage drinking party. According to police, the woman, whose children were also both in attendance, charged teens an attendance fee.

Police officers had received reports of an underage drinking party at the Woodcrest Drive residence Friday night. There were reportedly more than 50 teenagers at the party. The woman also provided alcohol to the teens.

With prom season just around the corner and graduation coming shortly thereafter, we’d like to send a reminder to all parents with teenagers about social host liability law.

What is Massachusetts Social Host Liability Law? Under Massachusetts’ law, a social host is considered anyone who provides alcohol to a guest as an act of hospitality or allows a guest to consume an alcoholic beverage on his or her property. While the property that is involved is usually someone’s home, properties can also include beach property, rental property, and even boats-essentially any property that a host owns or controls.

In accordance with this law, a social host assumes responsibility for all injuries caused by or sustained by a guest as the result of consuming alcohol. Injuries most often result from some sort of accident, namely drunken driving. According to the Massachusetts judicial system hosts are responsible for making sure their guests do not consume alcohol to the point of intoxication. For example, if you host a party and one of your guests is over-served and ends up injuring another person as a result of drunk driving, not only is he at fault, but you are responsible as well. Continue reading

March 28, 2015

Food Allergy Lawsuits Seek to Recover Personal Injury, Wrongful Death Compensation

by Altman & Altman

The family of Derek Landon Wood is suing the Publix grocery chain for wrongful death. Wood, 11, died in 2014 after eating a chocolate chip cookie that he bought at a Publix store.

He had a serious nut allergy and ate the cookie after a store worker reassured him that it was fine to eat the dessert. The food allergy lawsuit contends that the bakery at the store failed to warn about the cookie’s ingredients, as well as about the potential for cross-contamination.

In another food injury case, the family of Scott Johnson is suing a small town diner for wrongful death. The 16-year-old was severely allergic to diary.

March 24, 2015

Woman Gets $1.1M Clergy Sex Abuse Settlement

by Altman & Altman

A 49-year-old woman will get a $1.1 million in her clergy sex abuse lawsuit against the late Rev. Thomas Shea. The plaintiff, Jane Doe 2, claims that the clergyman sexually assaulted her over 60 times. The settlement was reached with the Roman Catholic Diocese of Norwich, just as the case was about to go to trial.

Jane Doe 2 said that Shea, who is now deceased, started molesting her when she was a toddler and continued to assault her for years. She is not the only one.

March 21, 2015

Are Bed and Chair Alarms At Massachusetts Nursing Homes Harmful to Patients?

by Altman & Altman

According to an article in The Boston Globe, alarms attached to wheelchairs and beds of patients at nursing homes may be more harmful than helpful. These pressure-sensitive devices, often installed in beds and wheelchairs are meant to alert staff when someone who is at risk of falling may be about to do just that. The devices were seen as a better alternative to both physical restraints, which became illegal two decades ago, and bedrails, which have since become known as entrapment and asphyxiation hazards.

However, according to a study published in The Annals of Internal Medicine in 2012, hospital bed alarms don’t seem to be reducing the number of fall incidents. Also, while the alarm warns of a likely fall, often, by the time help has arrived the patient has already fallen. It doesn’t help that making a patient to sit or lie still so an alarm won’t go off actually restricts mobility and increases the risk of falling.’

March 17, 2015

Woman in Chicopee, Massachusetts Police Brutality Case Alleges Excessive Use of Force

by Altman & Altman

Maylene Maldonado is suing the Chicopee police. She is accusing them of Massachusetts police brutality. Maldonado, who was arrested of assaulting a cop after she resisted arrested in 2013 says she was the victim of excessive police force during her booking.

Recently, surveillance video of her arrest, released by the city of Chicopee, shows one cop placing her in a chokehold and forcing her to the ground. Police claim that Maldonado, who was under the influence of alcohol and drugs, became belligerent.

She is suing Sergeant Daniel Major, who is the police officer in the video physically apprehending her, and several other individuals who currently and previously with the department. She is seeking $1 million.