Boston Injury Lawyer Blog

November 19, 2014

Spine Doctor Accused of Massachusetts Sexual Assault

A grand jury in Worcester County has indicted Dr. Ho Yin “Aaron” Shiu on one count of rape and multiple counts of indecent assault and battery. Shiu is a spine doctor. The indictments revolve around allegations involving two women.

One of the alleged victims, a 42-year-old woman, said that Shiu sexually violated her at Mass Memorial Medical Center during an appointment in 2013. The other woman, also a patient, claims that he assaulted her at AdCare hospital.

Last month, Shiu went into a voluntary, non-disciplinary agreement with Massachusetts’s Board of Registration Medicine not to practice in the state. By agreeing not to practice, Shiu is not admitting to wrongdoing.

November 17, 2014

GM Crisis: Victim Compensation Numbers Expected To Rise

by Altman & Altman

Contrary to the 13 deaths reported by General Motors caused by a faulty ignition switch, the automaker’s attorney has identified more 32 deaths-and expects this toll to rise in the weeks ahead.

The company’s victim-compensation team, led by Kenneth R. Feinberg, will post its weekly update of the number of death and injury claims it has found to be eligible for payment by GM. While the automaker is giving Feinberg sole discretion to determine who the victims are and how much money they should receive, the company could ultimately end up paying more money to more people than the courts would have allowed.

The program, according to reports by The Boston Globe, stipulates that the company cannot overrule Feinberg’s decision but it is entitled to be heard. Interviews show that during the review stages over the last three months, GM has participated in conference calls with Feinberg’s team, submitted documents, and presented findings by its own engineers in certain cases. Despite GM’s participation and weight in the case, the company has done little to change Feinberg’s mind. Ultimately it is the attorney who decides which victims are eligible. Feinberg has gone on record saying that the automaker has not yet questioned the amount of money presented to victims, rather the company is more concerned with the eligibility of victims.
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November 14, 2014

Boston Scientific Must Pay $26.7M Transvaginal Mesh Verdict to Four Women

by Altman & Altman

Manufacturer Boston Scientific must pay a $26.7 million vaginal mesh verdict to four women who claim the medical devices caused them to sustain personal injuries. Jurors deliberated just four hours before finding that company officials defectively designed its Pinnacle pelvic organ implants and neglected to properly warn doctors and patients about the risks involved in using the devices.

Out of the $26.7 million products liability verdict, which was all compensatory damages, over $6.7 million was awarded to Amal Eghnayem, Mania Nunez, and Margarita Dotres, respectively. Juana Betancourt was awarded more than $6.5 million.

The plaintiffs’ attorneys contended that the defendant’s officials disregarded internal calls for additional testing of the device and sent the Pinnacle products into the market too soon. They offered evidence demonstrating that the mesh in the Pinnacle insert was never approved for use in the human body.

November 13, 2014

$1.2 Million Massachusetts Personal Injury Lawsuit Blames Pumpkinfest for Man’s Health Issues

by Altman & Altman

Dwayne St. Marie is suing the organizer of Pumpkinfest for Massachusetts personal injury. St. Marie claims that loud music and smoke from the yearly festival in 2011 caused him to suffer a major cardiac incident. He is seeking $1.2 million in compensation.

At the time of the 2011 Pumpkinfest, St. Marie resided in an apartment overlooking the festival site in Turner Falls, MA. He says that smoke from a vendor under his home and the music playing at the event caused him to suffer a migraine headache while weakening his respiratory and cardiac systems. St. Marie blames organizer Michael Nelson or the festival volunteers for putting a food vendor with exhaust vents in a spot where there were upper-story residences.

In his response, Nelson is seeking to have the Massachusetts injury case dismissed. He claims that St. Marie’s health issues are results of the plaintiff’s own negligence, which he believes is more than any negligence on the defendant’s part. St. Marie is seeking $39,288 for medical costs, $951,913 for lost income, and $250,000 for unspecified damages.

November 10, 2014

Thousands of U.S. Children Sickened by Laundry Detergent Pods, Says Study

by Altman & Altman

According to a study published in the medical journal Pediatrics, of the 17,230 kids under the age of 6 that were exposed to laundry-detergent pods in the United States in 2012 and 2013, 769 of them were hospitalized. The researchers, from Nationwide Children’s Hospital in Ohio, say that the number of laundry pod exposures increased over sevenfold in April of last year from the year previous. Thirty of the kids fell into comas, twelve went into seizures, and one child died.

Some 80% of the laundry pod market is comprised of products made by Tide. While the small packets are convenient for adults doing the laundry- just take one detergent pod and drop it into the wash, no measuring necessary-these colorful, squishy, small packets that can be mistaken for candy by young children are a poison hazard. Last year, the Consumer Product Safety Commission issued a warning to keep liquid laundry packets away from kids.

Swallowing and inhalation appear to be two main ways that kids are getting hurt. Resulting health issues have included vomiting, throat swelling, unconsciousness, breathing problems, temporary vision loss, and drowsiness. However, even adults are not immune from the risks. Handling the packet with wet hands can cause a laundry pod packet to dissolve fast, releasing the toxic contents quickly.

November 7, 2014

Woman Fatally Struck By Red Line Train in Boston at Downtown Crossing

by Altman & Altman

A woman died after she was hit by a train at the Downtown Crossing Station last night. The Red Line was bound for Braintree. The victim was reportedly hit as the train approached the station. The fatal Boston train accident caused serious delays on both the Orange and Red lines.

According to one witness, the woman had been standing with a companion on the platform but leaning over the cautionary yellow line. Media reports are speculating that she may have fell onto the track or purposely jumped in front of the train.

Last night’s Boston train accident comes a little over a week after another person, a man, was struck by and then trapped under an Orange Line train at Haymarket Station. He died from his injuries. The Massachusetts Bay Transportation Authority said that victim was trespassing in the right of away when the incident happened.

November 5, 2014

Ex-Catholic Priest Settles Boston Child Sex Abuse Lawsuit With Former Student

by Altman & Altman

Sean Leo Rooney, an ex-Roman Catholic priest, has settled a Boston sexual abuse lawsuit filed by a man who claims that the defendant molested him when he was a 14-year old student. According to the plaintiff, now 48, Rooney masturbated and fondled him on a bus during a school trip to Massachusetts and also while at the Salesian Junior Seminary in New York where he was studying. The former priest was on the faculty there at the time.

In his Massachusetts sex abuse case, the plaintiff said that he didn’t realize until years later that it was Rooney’s behavior that had caused him such harm. He says that he continues to suffer from emotional trauma, depression, panic attacks, sleeping difficulties, and problems with alcohol because of the explicit abuse committed by the defendant.

Rooney was a priest for 50 years before he was defrocked six years ago. Aside from the civil case, Rooney could also be subject to criminal charges in Massachusetts. Last week, BishopAccountability.org, a watchdog group, added Rooney’s name, and the names of three other people, to its public database of religious leaders accused of sex abuse.

November 3, 2014

Put a Freeze on Fatal Fires This Winter

by Altman & Altman

The tragic deaths of two young boys from Lawrence several weeks ago, caused by a fast-moving electrical fire in their family’s apartment, marked the 47th and 48th fire fatalities in Massachusetts this year. With the first wave of winter weather this weekend, more and more residents are beginning to bundle up and turn on their homes’ heat and wood stoves. While residential fires naturally rise during this part of the year, often more common than fire emergencies are non-fire carbon monoxide emergencies. At Altman & Altman, we’d like to send out a reminder to all residents of the steps they can take to prevent such a tragic accident from occurring in their homes.

Facts and Statistics

Currently in Massachusetts the number of deaths caused by fire-related accidents, stands at 48. According to the National Fire Protection Association, the leading causes of residential fires include:

– Appliances and equipment; including those used for cooking and heating, washing machines and dryers, air conditioners and fans, and more.
– Arson and juvenile fire setting; children playing with fire and intentional fires – Candles – Chemicals and gases; natural gas and gases that might cause spontaneous combustion – Faulty electrical wiring – Holiday decorations including Christmas trees and holiday lights – Smoking materials (i.e.; cigarettes, hookah, etc.)
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October 31, 2014

Halloween Is the Deadliest Night of the Year for Child Pedestrians: Keep Your Trick-or-Treaters Safe Tonight

by Altman & Altman

Halloween is known not only for being the spookiest night of the year, but also the deadliest for child pedestrians. Children, according to the Safe Kids Coalition, are twice as likely to be struck and killed by a car on Halloween night than on any other night. The National Highway Traffic Safety Administration estimates that 30 people are killed each year on October 31-nearly triple the average number of fatal pedestrian accidents that occur everyday in America. Combine those statistics with the fact that Halloween falls on a Friday this year and add in drunk drivers, and it’s a very scary combination for parents.

The fact is, is that trick-or-treaters can be very hard to see. Halloween is one of the only holidays in which there are hordes of people outside and on the streets during dark hours. Additionally, dark-colored costumes make it particularly difficult for drivers to spot pedestrians at night, especially pint-sized pedestrians, until its too late.

Young children who are excited by the special occasion and buzzed on sugar may be more apt to dart into the road without paying attention to oncoming traffic. With this in mind, both parents and drivers on the road should exercise extra caution and take the necessary steps to prevent a tragic accident from happening.
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October 31, 2014

Woman Awarded $9.5M Waltham, Massachusetts Medical Malpractice Verdict After Doctor Fails to Diagnose Her Ovarian Cancer

by Altman & Altman

A jury in Middlesex County has awarded a Burlington woman a $9.5 Waltham, Ma. medical malpractice million verdict. Cristen Lebel, 41, and her husband sued Dr. Kim Thornton at Boston IVF for not detecting Lebel’s ovarian cancer, which has now advanced to Stage 3. According to their Boston injury lawyer, Lebel is likely to die and this could have been avoided if only she received the proper medical care. With interest, the jury award is $11.3 million.

According to the plaintiffs, from June ’08 through May ’09, Thornton did not take the necessary steps to detect Lebel’s cancer, failed to identify the signs and symptoms, and did not order tests to rule out whether her cancer was malignant. Thornton, however, maintains that while treating Lebel for fertility issues, she complied with the standard of care and did not contribute to or modify the course of the patient’s diagnosis.

Cancer Diagnosis