Boston Injury Lawyer Blog

March 13, 2015

Boston College is Sued Over Mishandling of Massachusetts Sex Assault Case

A graduate of Boston College is suing the university, claiming that the school violated its own polices and federal anti-discrimination laws because of the way it handled the sex assault allegations against him. It was in 2012 that college officials charged John Doe with the sexual assault of a female student during a student boat cruise.

The school, based on its probe, found the plaintiff responsible for indecent assault and battery and he was suspended for three semesters. The student also was charged with the crime in Suffolk County District Court, but that case was thrown out last year because of video and physical evidence exonerated him.

Now, John Doe’s family wants $3 million in damages, expungement of his record, and a permanent injunction against Boston College, mandating that it must comply with Title IX, which requires gender equity on campus.

March 9, 2015

Family Sues Walgreens, Abbot Laboratories for Wrongful Death Involving Erroneous Diabetic Test Strips

by Altman & Altman

The family of Abbie Harper is suing Walgreens and Abbott Laboratories for wrongful death. The 23-year-old law school student had been using the FreeStyle-brand test strips made by Abbott to monitor her diabetes.

The products liability case contends that the strips, along with a blood glucose meter and Omnibod insulin pump, which were made by defendant Insulet, gave Abbott the wrong glucose readouts, causing her to take less insulin than she needed. Abbott died in November 2013.

Four days after her passing, Abbott recalled the test strips, noting in certain instances that the product had provided the wrong low blood glucose findings. The plaintiffs believe that aside from the product defect, there were also issues of compatibility involving certain devices. Their legal team believes that a manufacturing error caused the test strips to become defective.

March 7, 2015

Ex-Western Massachusetts Police Academy Student Files Lawsuit Over Hazing

by Altman & Altman

Timothy Turley is suing the Western Massachusetts Regional Police Academy. The 47-year-old West Roxbury resident, who enrolled as a student in 2013, said that not only was he subjected to numerous indignities, but also he was the target of age-related jokes and racially charged edicts by instructors. Some of these teachers are accused of directing anti-gay slurs at students. In addition to the academy, Turley is suing Municipal Police Training Committee director Daniel Zikovich, academy director Curtis McKenzie, the Municipal Police Training Commission, Delilah Yee, and Robert Powers.

In his Massachusetts hazing case, Turley claims that because he complained, he was expelled one month before finishing the program. He appealed the dismissal, but his request was denied. Prior to enrolling in the program, he worked as a law enforcement officer with the Suffolk County Sheriff’s Department for twenty years.

Among the behaviors Turley was forced to endure: being made to put socks on a colleague’s bare feet, writing the “Use of Force” rule daily on a white board, and punishment for misspelling the word “volatile” in an assignment—he claims that his younger classmates who made common mistakes didn’t endure such treatment.One trainer that Turley identifies in his complaint is Sean Shattuck, a Holyoke cop who was involved in a brawl at a bar while off-duty in 2007. The plaintiff accuses him of simulating a sex act on another student while training was taking place. Shattuck has been removed from the academy as an instructor and is under investigation.

March 5, 2015

Will New Mandatory Standard for Frame Child Carriers Decrease Injury Incidents?

by Altman & Altman

The U.S. Consumer Product Safety Commission has approved new mandatory standard to enhance the safety of frame child carriers. The safety standard does not apply to soft carriers and slings, which are subject to different standards.

Between January 2003 and September 4, 2004, the CPSC has received close to 50 incident reports about this child product, including reports of 34 injuries. One incident involved a toddler who sustained a head injury after a frame child carrier fell from a chair.

According to the new standard, a frame child carrier is typically made of fabric placed around a frame that is designed to carry a child weighing anywhere between 16 to 50 pounds. The child typically is too young to sit up without support. The carriers are worn on the backs of caregivers, often when hiking.

February 27, 2015

University of Massachusetts Amherst Student Sues Police for Assault, False Arrest

by Altman & Altman

Thomas Donovan has filed a Massachusetts police violence lawsuit against three police officers. He claims that they assaulted and falsely arrested him because he videotaped law enforcement officers last year during the Blarney Blowout, which is a large off-campus party that celebrates St. Patrick’s Day. At the 2014 event, police officers wore riot gear, shooting some 600 rounds of pepper and sting balls at revelers to keep order when there were disturbances.

According to the Massachusetts personal injury case, Donovan claims that he recorded Amherst cops using what seemed like too much force when making the arrest. Even though he shot the footage at a distance from behind a fence, Donovan contends that an officer in full riot gear and armed with a pepper-ball gun went after him. He said that when he did not stop filming, another police officer shot him with pepper spray at close range. When he still would not stop, a third police officer kicked the phone from Donovan’s hand and threw him down before arresting him. Police then allegedly repeatedly stomped on the phone to break it.

The three defendants are Amherst police Andrew Hulse and Jesus Arocho, and John Does 1 and 2. Hulse and Arocho are the ones who arrested Donovan. The plaintiff believes that the arrest report, filed by Arocho, falsely states that Donovan approached the cops that were making an arrest and disregarded orders to get out of the area. He also disputes that the reason that he was paper sprayed was because he went near the officers.

February 26, 2015

Teen Dies in Attleboro, MA Drowning Accident at Apartment Complex Swimming Pool

by Altman & Altman

A 17-year-old has died in an Attleboro, MA swimming accident. Ibrahim Iqbal was doing laps at the Crystal Village Apartments indoor pool on Wednesday when he failed to come up for air after swimming to the bottom.

A cousin who was with him called for help and a resident and a building manager pulled the teenager out of the water. Emergency responders took Iqbal to the hospital where he was pronounced dead. The medical examiner is expected to conduct an autopsy.

Depending on what caused the drowning death, Iqbal’s family may have grounds for pursuing a Massachusetts drowning accident lawsuit. Potential liable parties may include the apartment complex, which could lead to an Attleboro premises liability case or, if there was a defect in the pool, then possibly a products liability lawsuit against a manufacturer.

February 25, 2015

Transportation Secretary Asks Congress to Authorize New Enforcement Tools for NHTSA; Levies Fine on Takata For Faulty Airbag Systems

by Altman & Altman

U.S. Transportation Secretary Anthony Foxx and National Highway Traffic Safety Administrator Mark Rosekind have teamed up with elected officials, representatives from the rental car industry and consumer safety advocates, to ask Congress to pass legislation that would require rental car agencies and used car dealers to fix safety defects before renting or selling vehicles subject to a recall, according to a press release issued by NHTSA.

Proposed by the safety watchdog, the GROW AMERICA Act would require rental car agencies to fix all safety defects currently under recall before renting a vehicle. The act would require used car dealers to do the same before selling a vehicle. Under current federal laws, new cars must be fixed before being put up for sale. Despite the efforts made, no similar federal provision exists for rental car agencies or used car dealers.

“Every vehicle under an open safety recall should be repaired as soon as possible,” Secretary Foxx said in a statement. “Requiring rental car agencies and used car dealers to fix defective vehicles before renting is a common-sense solution that would make our roads safer. Safety advocates and the rental car industry have taken a stand for safety, and we need Congress to do so as well.”
Foxx announced this week, a $14,000 per day fine against airbag manufacturer Takata for failing to fully cooperate with the NHTSA’s ongoing investigation into the company’s defective airbags.
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February 24, 2015

Johnson & Johnson Ordered to Pay $2.5M Risperdal Injury Verdict Over Abnormal Male Breast Growth

by Altman & Altman

A jury says that Johnson & Johnson must pay the family of an autistic boy $2.5 million for failing to warn that its antipsychotic medication, Risperdal, could cause abnormal breast development in males. The plaintiffs claim that Austin Pledger, then 7, took the drug in 2002 and developed size 46 DD breasts. Gynecomastia is the medical term for this condition.

Risperdal’s generic name is risperidone. While there have been numerous Risperdal lawsuits settled, this is the first one involving gynecomastia that accuses J & J of hiding the risks to go to trial. Among those that gave testimony was former Food and Drug Administration commissioner David Kessler, who was a paid expert witness for the family of Pledger. He said that J & J knew about the risks but did not disclose the data that demonstrated to what extent young males could experience abnormal breast growth.

Despite the verdict, J & J’s Janssen unit, which marketed Risperdal, maintains that the drug’s FDA-approved label did in fact properly warn of possibly side effects. They also maintain that Pledger was not hurt by taking the drug but instead his quality of life improved “significantly” while on the medication.

February 20, 2015

Medical Malpractice?: Study Says Nearly 1 in 5 Hysterectomies Are Unnecessary

by Altman & Altman

According to a recent study published in the American Journal of Obstetrics and Gynecology, in the United States, 1 in 5 women who undergo hysterectomies may not have needed the procedure. This is disturbing news, seeing as not only is the hysterectomy one of the most common surgeries performed on women-by the time they are 60, 1 out of 3 women, will have had this procedure-it is also incredibly invasive and can be a life-altering course of treatment.

In a hysterectomy, part or if not all of the uterus, and perhaps even the ovaries and cervix, are taken out. A woman who has had a hysterectomy will stop menstruating and won’t be able to conceive children.

Often, a hysterectomy is performed to treat a medical condition, including benign conditions-especially when uterine fibroids, abnormal uterine bleeding, and endometriosis are involved. That said, Medical News Today notes that the American College of Obstetricians and Gynecologists require healthcare professionals to recommend that patients whose gynecological conditions are benign seek alternative treatments before undergoing a hysterectomy.

February 19, 2015

Massachusetts Roofs Collapse in Wake of Ice, Snow, Storms

by Altman & Altman

With inches of snow and rain falling onto areas of Massachusetts, ice and snow may be accumulating on roofs, adding unnecessary weight that these structures may not be able to handle. Already, some eight feet of snow has started stacking up on roofs since last month.

According to The Massachusetts Emergency Management Agency, there have already been reports of more than 106 roof collapses, partial collapses, and other big structural problems-not to mention there have likely been incidents that were not reported.

With repeat snowstorms, snow on rooftops can turn into ice, adding eight times more weight. Roof collapses seem to be impacting flat-roofed buildings the most. Already, commercial buildings, schools, homes, and garages have sustained damage.