Boston Injury Lawyer Blog

November 26, 2014

Startling News for Minivan Owners

According to a report issued by the Insurance Institute for Highway Safety three popular models have received poor reviews in the IIHS’s front-end collision test.

The tests simulate what happens to a driver in a front-end collision. The ever-popular Chrysler Town and Country Minivan is one car that failed this IIHS test. According to reports by CBS, when the experts ran the Town and Country into a barrier, drivers side only, at 40 mph, the air bag deployed, but the front of the car collapsed. In this situation, the driver would be thrown off the bag and suffer a blow to the head. And this was not the worst collision: IIHS also tested the Nissan Quest, which when the model hit the barrier, its engine compartment was pushed two feet backward pinning the test dummy so completely that research technicians had to dismantle the front seat to recover it.

In a statement obtained by CBS, Executive Vice President Dave Zuby said that the Nissan Quest “is one of the worst vehicles we’ve tested in this particular test. The forces that we measured on the dummy’s left leg suggest that a person would be lucky to recover from the leg injuries and be able to walk normally again,” he said.

These new overlap tests are relatively new-they were initiated because a significant number of drivers were being killed in off-center collisions. The misperception, as Zuby puts it, is that people assume that cars are safer than ever, yet people are still dying and being seriously injured during front-end collisions.

In addition to Chrysler’s Town and Country, Dodge’s Caravan, and Nissan’s Quest being tested-all of which were rated as poor, the IIHS tested the Toyota Sienna (rated acceptable) and the Honda Odyssey (good).
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November 26, 2014

$18.5M Transvaginal Mesh Verdict Awarded to Four Women

by Altman & Altman

Boston Scientific has lost another transvaginal mesh injury lawsuit, this one over the Obtryx mesh sling. The defective medical device verdict awards $18.5 million, includes punitive damages, to four women. The jurors found that the company acted with “gross negligence.”

This is the medical device maker’s second pelvic mesh injury lawsuit loss in weeks. Earlier this month, another civil jury awarded four other women $26.7 million over injuries they sustained related to Boston Scientific’s Pinnacle mesh device.

In this Obtrxy mesh sling lawsuit, the plaintiffs said that the device, used to treat stress urinary incontinence, caused them to sustain serious infections and nerve damage, as well s experience serious pain during intercourse. They also said that the mesh implant device caused tissue erosion, organ damage, and severe pain. They had to undergo multiple surgeries because of the faulty implant.

November 24, 2014

$139M School District’s Sex Abuse Settlement, UVA’s Suspension of Fraternities Over Gang Rape Allegations Shine Yet Another Spotlight on Sexual Violence in Schools

by Altman & Altman

A school district in California has agreed to pay $139 million to resolve the remaining sex abuse lawsuits involving an elementary school teacher. Mark Berndt, a teacher in the Los Angeles Unified School District, was convicted of numerous counts of lewd conduct.

Some 82 students are involved in the settlement, which was arrived at during jury selection of the trial.

According to plaintiffs, Berndt blindfolded the kids and fed them his sperm on cookies. If the child sex abuse trial had gone through, the alleged victims’ lawyers had intended to show evidence suggesting that the district knew of sexual misconduct allegations involving Berndt three decades ago but did not nothing until a pharmacy photo processor notified the authorities that there was film showing the kids blindfolded while eating an unknown substance.

November 21, 2014

Massachusetts is Still Behind in Elevator Inspections

by Altman & Altman

According to a report by Massachusetts auditor Suzanne Bump, the state’s Department of Public Safety is running behind on elevator inspections, which are supposed to be conducted on registered elevators every year. As of October 2012, over 14,200 of the approximately 39,000 registered elevators are running despite an expired inspection certificate. Over 1,700 have certificates that expired more than four years ago. Bump says elevators that go uninspected are a safety risk. This is especially true when there is an elevator defect or malfunction that goes unchecked and is not repaired.

Also according to the report, most elevator owners applied to have their elevators inspected on time but got stuck in the backlog. A Public Safety Department spokesperson noted that since the audit, the agency has been taking “significant’ steps to catch up with inspections and compliance is now beyond 80%. The report, however, claims that the department’s database isn’t accurate, which makes it hard to get a sense of how much progress has really been made in getting caught up on inspections.

The report comes more than ten years after another state audit reported similar issues with elevators undergoing timely inspections. Back then, elevator owners were identified as part of the problem for the delays because of their failure to apply for inspections.

November 19, 2014

Spine Doctor Accused of Massachusetts Sexual Assault

by Altman & Altman

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.