Boston Injury Lawyer Blog

August 13, 2014

Back-to-School: Drugs and Alcohol

With the school year only a few weeks away, we can’t help but think about the myriad of cases on schools and school-aged children that we have defended these 50 years at our family-serving legal office. Being parents, we would like to offer some safety advice, with the hope that this new academic year turns out to be an enjoyable and enriching experience.

Recently Gov. Patrick declared a public health emergency in Massachusetts for the rapidly growing opioid addiction rates. From 2000 to 2012, the number of unintentional opioid overdoses rose by 90%. In the state, a person who consumes opioids is three times more likely to die than a drunk driver. Undoubtedly, this has raised concern among parents about the availability of opioids and other drugs at schools and popular places where children come together.

The law aims to limit access to drugs by minors. According to the Controlled Substances Act, it is illegal to sell, consume or possess drugs, drug paraphernalia including tobacco rolling papers or alcohol within 300 feet of schools, whether public or private, up to secondary school. In 2011 Gov. Patrick tried to reduce this space to 100 feet, though thankfully, without success.

Based on the reported cases in Massachusetts, in 2012 marijuana and alcohol were the most popular drugs among teenagers younger than 18, and also the substances for which they most often sought treatment. Most teenagers start using these substances before reaching high school: the mean age of first alcohol use was 13.2 years, while for marijuana, it was 12.8 years.

How does the law limit access and possession of these substances by minors?
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August 13, 2014

Two costly fires in Springfield on Saturday due to household appliances: a reminder on fire safety

by Altman & Altman

On a single Saturday, two house fires broke out in Springfield, both due to electrical and heating appliances left unattended. On the morning of August 9th at 653 State St, a fire started in a bedroom of an apartment complex, when an electric iron was heated and left unattended on a bed, blazing the bed sheets and mattress before spreading into the rest of the room. Fire Commissioner Joseph Conant said that when they arrived, “the room was gutted by flames.” The family whose apartment caught on fire and a neighboring family were evacuated from the complex.

On Saturday also but in the afternoon another fire was reported at the apartment complex on 119 Ashley St. The residents left a curling iron on, which then burned through the counter and set fire to the bathroom. Damages are estimated at $10,000 and $15,000. No injuries were reported, though the two occupants were displaced to a different apartment complex.

The two similar incidents remind us all to be wary of potential fire hazards at our homes. Unfortunately, house fires are very common in the United States. Between 2007 and 2011, the National Fire Protection Agency reported 366,600 house fires. The resulting financial and personal consequences cannot be ignored. During this time frame, on average, seven people died in U.S. home fires every day; indeed, most fire-related deaths happen at home.
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August 13, 2014

Obamacare requires clear immigration eligibility before Sept. 5

by Altman & Altman

One of the initial challenges of the new health care law was the great percentage of people whose eligibility was clouded by one factor or another. 2 million cases out of the 8 million enrollees were potentially unqualified for taxpayer-subsidized health insurance. Even after resolving most of these cases, some people’s eligibility may be hampered by their immigration status.

People living in the country illegally are not eligible for Obamacare coverage. That is the population the Health and Human Services Department is working hard to exclude in the recent massive mail wave sent to about 310, 000 people with unresolved cases, out of the total 8 million individuals enrolled in the program. The letter exhorts enrollees to upload their proper immigration materials to the HealthCare.gov website or mail them by the hard deadline of Sept.5, that is less than four weeks from now. If disobedient or found ineligible, people will see an end to their coverage by Sept. 30.

Many people worry with reason that they may be disqualified for coverage for irrational issues, such as record-keeping problems or even losing the letter in the mail. But, according to the HHS, this won’t be the only way of reaching people with unresolved cases. People with potential eligibility problems should expect phone calls and emails as well, and through local organizations, even direct home visits. Because of the Hispanic immigrant majority, the HHS is sending letters in Spanish as well as in English.

This sounds a bit overwhelming, but may be a prudent way for the government to tackle the issue that congressional Republicans raised when Obamacare was first getting started: how to really exclude ineligible people. The approved health care reform explicitly limits the use of taxpayer money to subsidize those people residing in the U.S. illegally or non-permanently.
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August 12, 2014

Why returning to work after an injury may be a hassle, according to GENEX study

by Altman & Altman

Last year more than three million American employees experience a work-related injury. For employers this represented around $1 billion per week, in addition to the employees’ social costs. Aside from the financial loses, employees may also be face other disadvantages because of their injuries: if employees are off work for more than six months, they have less than a 50% chance of returning to the workforce. It is an imperative then to establish effective measures to aid employees return to work.

Instituting official return-to-work programs has proven a successful strategy in many private organizations. Firms with RTW programs are 1.4 times faster than those without one in returning the employee to work. That translates into about 3-4 weeks of a time difference. However, in spite of the advantages, not all firms –especially small ones –possess an established RTW program.

Even with an official RTW program in place, employers often face barriers to provide effective, immediate care. According to GEXEX Services, LLC, one of the nation’s largest providers of managed care services, these are the top five barriers return-to-work programs face:
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August 9, 2014

Parents File Wrongful Death Lawsuit Against Massachusetts-Based Care.com and Babysitter

by Altman & Altman

The parents of baby Rylan Koopmeiners are suing Waltham, Massachusetts-based Care.com and babysitter Sarah Gumm for wrongful death. The 3-month-old baby died while under Gumm’s care at her Illinois home in 2012. The couple found her through the website.

Gumm, who is behind bars, is charged with first-degree murder in the tragic incident. She allegedly caused the fatal injury that killed Rylan. .

Reggan and Nathan Koopmeiners are accusing Care.com, a caregiver screening website based in Massachusetts, of failing to disclose that Gumm had a prior record, which included two drunk driving citations. The couple said the site was supposed to do a background check on her.

August 8, 2014

False Claims Act and Whistleblowers Act: Empowering People to Report Fraud

by Altman & Altman

In 1994 the seven CEOs of the major American tobacco companies testified before Congress that nicotine was not addictive. Two years later, VP for research and development at the Brown & Williamson tobacco company Jeffrey Wigand came forward, and reported that his employer knowingly doctored the nicotine content, adding toxic substances such as ammonia, in its cigarettes to enhance its addictive qualities. National new broke out and tobacco companies were forced to reveal the truth.

Likewise, in our communities examples of courageous people who report fraudulent wrongdoings by businesses and government agencies abound. Recently a New Hampshire resident reported how medical product companies sent her diabetes medication without previous authorization from her doctor. Her report led to the discovery of how the medical companies had been sending medications without doctor authorization to many other people, and submitting unauthorized claims to Medicare. Ultimately, the companies paid $35 million to resolve the allegations.

Our society relies on courageous people to detect and stop businesses and government institutions from violating people’s rights, engaging in corruption, committing fraud, or outright lying. Recognizing the value of these informers in helping maintain a strong democracy, the law encourages citizens to report potential wrongdoings by offering extensive legal protection and a generous compensation. Just last month President Obama signed into law a legislation that expands protection for whistleblowers against retaliation.

Massachusetts offers plenty of legal defenses for citizens who report false claims and other transgressions made by government agencies and private businesses, or at their places of employment. The False Claim Act and the Whistleblowers Act, set forth in the Massachusetts General Laws, defines the types of activities that should be reported and the rewards for those who take action. We would like to provide a brief summary of its contents.
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August 7, 2014

Whale-watching boat breaks down; tourists forced to spend a night at sea

by Altman & Altman

A popular whale-watching boat escapade turned into a sea nightmare for many Boston tourists. On July 29th the Cetacea, an 83-foot-long whale-watching boat run by Boston Harbor Cruises, abruptly stopped about 13 miles off the Boston Long Wharf shore, when a 7-inch liquid natural gas cable wrapped around one of its propellers. Unable to be mobilized back to land, the tourists had to spend the night at sea on plain air, while diver teams detangled the cable.

Although no injuries were reported, around twenty of the 163 passengers became seasick during the 17-hour-long ordeal. They also had to endure a chilly Boston night, since the boat had only a limited number of blankets available, forcing some passengers to use trash bags as ponchos. The boat had also limited amounts of food, only chips and snacks, which the crew gave out to the passengers. It was not until hours later that the Coast Guard came to rescue with blankets and paramedics.

The Coast Guard and the boat captain determined it unsafe to transport passengers back to land on another vessel, since the ocean was too rough that night.

The limited resources on the boat and the lagging communication between the crew and the tour company made some passengers question the company’s boat safety regulations.

“I am legitimately concerned about the safety planning,” Passenger Stuart Raifman, 66, told the Boston Globe. “I don’t think there was a plan, and if there was one, I don’t think it worked very well.”
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August 7, 2014

Teenage girl raped at Keith Urban concert

by Altman & Altman

Two Saturdays ago at the Xfinity Center in Mansfield, amidst a roaring crowd, the permeating smell of alcohol, the blazing lights and the blasting sounds of country music singer Keith Urban, a 17-year-old girl endured a painful traumatic event: rape. According to police reports, the event took place in the front lawn of the venue, in plain view of onlookers, most of who just watched. Some even filmed the rape on their phones.

According to a Mansfield Police statement, officers were not aware of the situation until a witness approached them. She had asked the victim, who was lying on the ground, whether the act was consensual. The girl allegedly told the witness it wasn’t. The girl then broke free of the attacker, and fled into the crowd. Sean Murphy, 18, of West Roxbury was arrested and charged with sexual assault, and released two days later on bail. He has pleaded not guilty.

Also at this concert, 22 people ended up hospitalized for alcohol poisoning, 50 underage drinkers were taken into protective custody, and many more were treated for injuries and arrested for public intoxication.

Though large public events that permit alcohol consumption are not unheard of, especially during the summer months, rape is inexcusable. What could have been done to prevent the assault? To start with, the security measures for large events need to be re-evaluated. Where were the officers and security team to bring order into large, drinking crowds? At the July 26th concert, an estimated 18,000 attendees filled the Xfinity Center on that night alone. If the Xfnity Center can hold such a sizable crowd, it should also have an equally sizable and efficient security measures than the ones currently in place. Yet the police department in Mansfield had trouble responding to the demands of the large crowd, at the cost of preventing rape.

“We were very busy with a lot of things going on not the least of which was taking care of the (rape) victim,” Police Chief Ronald Sellon said to the Boston Herald.
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August 5, 2014

Over 12,000 Massachusetts Patients Affected by Women & Infants Hospital of Rhode Island’s Data Breach

by Altman & Altman

To resolve information breach allegations, Women & Infants Hospital of Rhode Island will pay $150,000 in a lawsuit filed by the state of Massachusetts. The state accused the hospital of failing to protect the confidential data of over 12,000 residents.

It was over two years ago that Women and Infants Hospital discovered that 19 unencrypted back-up tapes had gone missing from prenatal diagnostic centers in New Bedford and Providence. The tapes should have been delivered to Care New England Health System and sent off-site. The move was to facilitate the transfer of legacy radiology data to a new archiving system.

The consent judgment says that data breached included the names of patients, their birth dates, social security numbers, the names of their doctors, patient exam dates, and ultrasound images. The state said that the data breach occurred because the hospitals tracking and inventory system was not adequate, and that almost a year purportedly lapsed before anyone noticed during the Spring of 2012 that the tapes were even missing. The state of Massachusetts says that deficient internal policies and employee training then caused the breach to go unreported until the fall of that year.

July 31, 2014

Another Hot Car Victim: A Somber Reminder to All Parents

by Altman & Altman

A Southern California boy died tragically yesterday after becoming trapped in his family’s car.

The 3-year old had apparently climbed into the unlocked car during the afternoon hours while he was playing alone in the front yard. The car door had shut and the boy was unable to get out. Both of his parents were home at the time; his father found him after he had awoken from a nap. It was unclear how long the child was alone in the hot car. The child was rushed to an area hospital but sadly, had already passed away.

This tragic incident is just another stark reminder, to all parents with young children, of the importance of knowing where your children are and what your children are doing at all times. This child’s death, according to San Francisco State University, marks the 19th hot-car death this year. In 2013, the number was 44-and approximately 625 children in the United States have died this way since 1998.

“It’s reasonable to call this an epidemic,” says memory expert Dr. David Diamond, a scientist at the Veterans’ Hospital in Tampa, who is often consulted on such cases. “It happens, on average, once a week from spring to early fall.”

According to SFSU’s report, an examination of media reports revealed about the 606 child vehicular heatstroke deaths for an fourteen year period (1998 through 2013) shows the following circumstances:

• 51% – child “forgotten” by caregiver (312 Children)
• 29% – child playing in unattended vehicle (177)
• 18% – child intentionally left in vehicle by adult (111)
• 1% – circumstances unknown (6)

With the summer still in full force, we at Altman & Altman, would like to send a friendly reminder to all parents of how serious this problem is and offer some helpful tips (compiled from WebMD) to keep your children safe while the weather is still hot.
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