Boston Injury Lawyer Blog

June 16, 2014

Distracted Driving: US DOT Wants to Regulate Vehicle Navigation Devices

The U.S. Department of Transportation wants Congress to give its National Highway Traffic Safety Administration the power to place restrictions on vehicle navigation applications. It also would like for the NHTSA to be able mandate changes to these devices if any of them prove too dangerous to use while driving.

According to The New York Times, although automakers support the proposed measure that would grant this authority, it is technology companies that have expressed opposition. The latter believes such a law would not be enforceable.

The DOT has been seeking to regulate map aids and other such applications. In 2013, the department issued voluntary guidelines telling automakers that no more than two seconds should be needed for anyone one interaction with a navigation system. The total time required to use such a device should take no more than 12 seconds. (The New York Times notes that when a car is moving at 60 mph, two seconds is all it needs to travel 176 feet.)

June 16, 2014

Best Buy Worker Awarded $1.2M In Case Against Hydraulic Lift Manufacturer After Slipping Out of Unsafe Harness

by Altman & Altman

A Best Buy worker has been awarded $1.2 million in a products liability lawsuit following a serious fall at work at a Bloomingdale, Illinois store in 2008.

According to court documents, Best Buy employee Christopher Connors was retrieving a television from an elevated storage area when he slipped and fell from the platform. Connors was wearing a safety belt around his waist which had been supplied by Big Joe Manufacturing Company. Though Connors was wearing the belt, it was loose and slipped over his head when he fell from the platform. Then 29 years old, Connors suffered severe spine and back injuries which prevented him from returning to work and resulted in Connors needing to undergo corrective surgery for his injuries.

The lawsuit alleged that Big Joe Manufacturing Company was negligent in that it failed to mandate the use of a full body harness as a fall protection system and that the company did not provide Best Buy with adequate instructions or warnings about the product.

In a statement made by the plaintiff’s lawyer, Edward G. Willer, Willer said “”Had the defendant provided a full body harness as it was required to do if sold in Canada, it is unlikely Mr. Connors would have suffered this type of injury.”
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June 10, 2014

Watch Group Warns of Dangerous Summer Toys for Kids

by Altman & Altman

After being cooped up during one of New England’s harshest winters yet, children cannot wait to get outside and play in the warm summer air. Kids are eager to bring out their new toys and expend all their energy in the park until their parents turn the porch light on for dinner at dusk. The last thing any parent should have to question is whether a toy is safe for their child to use, but yet that very thought remains a very real threat. Each year, thousands of children are injured as a result of an unsafe toy or play structure, and parents are left wondering how this could happen with a product they were supposed to be able to trust.

Consumer advocacy group World Against Toys Causing Harm, Inc. (W.A.T.C.H.). estimates that “nearly half of all injury-related deaths in children happen in the summer months.” The group has released their annual summer safety advisory list containing popular children’s toys that could potentially cause harm to kids using them.
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June 9, 2014

Wal-Mart Truck Driver Charged in Tractor-Trailer Crash that Critically injured Actor Tracy Morgan May Have Been Drowsy Driving

by Altman & Altman

According to authorities, Kevin Roper, the Wal-Mart truck driver behind the wheel of the big rig that slammed into a limo bus carrying comic Tracy Morgan, another tractor-trailer, two cars, and an SUV hadn’t slept for 24 hours when the fatal multi-vehicle collision on the New Jersey Turnpike happened on Saturday. All of the injury victims from the semi-truck crash were passengers in Morgan’s limo.

The actor was critically injured, sustaining multiple broken bones. His mentor, James McNair was killed. Two other limo passengers, comedian Ardie Fuqua Jr. and Jeffrey Millea, also sustained critical injuries. Comic Harris Stanton was treated at a hospital and later released.

Roper is charged with multiple counts of assault by auto, as well as death by auto. The criminal complaint against the 35-year-old trucker accuses him of committing vehicular homicide without having slept for more than a day. Police say that he failed to observe that the traffic ahead of him was moving slowly. The National Transportation Safety Board will investigate the tragic traffic wreck.

June 5, 2014

GM Inquiry Over The Delay in Recalling Cars with Faulty Ignition Switches Cites Incompetence, Neglect

by Altman & Altman

According to an internal probe by General Motors, a “pattern of incompetence and neglect” played a role in the automaker’s failure for years to recall millions of defective vehicles that had faulty ignition switches. However, the investigation also said that while there were individuals who “repeatedly” neglected to reveal critical information about the safety issue, no intentional cover-up took place.

Today, GM CEO Mary T. Barra announced that 15 employees were fired over the investigation’s findings, while five others were disciplined. She noted that most of those who were let go were in senior or executive positions. Barras said that there were individuals at the company who seemed more concerned with finding “reasons not to act” instead of looking for ways to protect customers.

The faulty ignition problem has been linked to 47 collisions and 13 fatalities-and these numbers are expected to grow. To date, nearly 2.6 million autos have been recalled as of the end of January because of this safety issue alone.

June 4, 2014

Bedford, MA Plane Crash Kills Seven People

by Altman & Altman

Seven people died in a Massachusetts plane crash on Saturday when the corporate jet of Philadelphia Inquirer co-owner Lewis Katz went off the runway, fell into an embankment, and caught fire as it was attempting take off. The tragic accident took place at Hanscom Field, which is located outside Boston.

Katz and six others were killed in the Bedford, Ma plane crash. The other victims include the other three passengers, a cabin attendant, and the two pilots.

On Monday, investigators were able to get the cockpit-voice and flight-data recorders from the private plane. The National Transportation Safety Board is trying to determine exactly what happened.

May 31, 2014

“Nap Nanny” Infant Recliner Recalled After Infant Death

by Altman & Altman

According to the United States Consumer Product Safety Commission, the “Nap Nanny” infant recliner has been recalled by Baby Matters LLC, after a sixth infant died while strapped into the seat.

Since last year, the company had recalled more than 165,000 baby recliners after five infants were killed, and dozens more were injured by the product. The company as well as the CPSC received numerous reports of children falling out of the seat or hanging over the side of the seat while still strapped in.

Baby Matters of Berwyn, Pennsylvania, said that the recall was issued as part of a settlement the company reached with the CPSC. According to the CPSC, the sixth infant death occurred in New Jersey where a 8-month-old baby girl secured by the belt was found partly hanging over the side of the seat, trapped between the product and the crib bumper. The CPSC is now urging all consumers who own the product to immediately discontinue using them.

PRODUCTS LIABILITY CLAIMS
Consumer product manufacturers, like Baby Matters, are responsible for ensuring their products are safe for consumption and use, and do not pose a risk for serious injuries to those who use them. There are millions of baby products currently on the market globally, and the reality is that a substantial number of these baby products may pose a threat to the health and wellbeing of children who come in contact with them.
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May 31, 2014

Warm Weather Reminds MA Residents to Be Safe Around the Water this Summer

by Altman & Altman

As the weather heats up, we’d like to send out a friendly reminder to play it safe this summer, especially around pools.

While swimming pools can be a fun way to cool off during bouts of warm weather, there are serious hazards to being around a pool that put people at risk for injury and even death.

An estimated 10 people die every day from unintentional drowning, according to the U.S. Center for Disease Control. Of these drownings, 2 are children aged 14 or younger. Currently in the United States, drowning ranks as fifth among the leading causes of unintentional injury death.

In a breakdown of the topic, accessed from the CDC, there were an average of 3,533 fatal unintentional drownings (non-boating related) between 2005-2009 annually in the United States. The report also found that an additional 347 people died each year from drowning in boating-related incidents. About 20% of drowning victims are children aged 14 and younger, and for every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries (according to CDC website). In addition, more than 50% of drowning victims treated in emergency departments require hospitalization or transfer for further care, because often, these nonfatal drowning injuries cause severe brain damage that may result in long-term disabilities such as memory problems, learning disabilities, and permanent loss of basic functioning.

Those at risk include:

• Males: Account for 80% of drowning victims.
• Children: Children between the ages of 1 and 4 are at the greatest risk of drowning. According to the CDC, in 2009, among children 1 to 4 years old who died from an unintentional injury, more than 30% died from drownings. The majority of these drownings occurred in home swimming pools. According to the CDC, drowning remains the second-leading cause of unintentional injury-related death behind motor vehicle crashes.
• Minorities: Between 2005 and 2009, the fatal unintentional drowning rate for African Americans was significantly higher than that of whites across all ages.
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May 30, 2014

Ford Recalls 1.3 Million Vehicles

by Altman & Altman

Yesterday, Ford issued its largest ever vehicle recall for more than 1.3 million SUVs and cars in North America to fix steering, rust, and floor mat problems.

ABOUT THE RECALL
In total, the company is recalling more than 1 million vehicles nationwide. Models impacted include Ford Escape, Mercury Mariner and Ford Explorer SUVs, as well as Ford Taurus, Ford Fusion, Mercury Milan, Lincoln Zephyrs, and Lincoln MKZ sedans.

Over 915,000 Ford Escapes and Mercury Mariners (Ford’s smaller SUVs) are being recalled for a problem with the vehicles’ torque sensor within the steering column. The company is warning customers that the problem could potentially cause loss of power-assisted steering, which would make the SUVs more difficult to control and thus increase the risk of a serious crash. This recall impacts model year 2008 through 2011; vehicles which were built between August 2006 and September 2010. The automaker has recommended one of three fixes for the problems including replacing the sensor, updating vehicle software, or replacing the steering column.

196,000 Ford Explorers in the model years 2011 – 2013 have also been recalled. The company cited an electrical problem in a steering gear as the issue and stated there was a possibility of losing power steering. Dealers have been asked by the company to either update software or replace vehicles’ steering column.

Other recalls issued by the company impact Taurus sedans, which Ford said face the risk of catching on fire because there is a potential for rust to develop (because of road salt used to clear roadways of snow and ice), around the license plate area and cause a short circuit. Vehicles were recalled in 20 U.S. states.

Lastly, an estimated 82,500 Ford Fusions, Mercury Milans, Lincoln Zephyrs and Lincoln MKZs from the model years 2006 through 2011 were recalled for issues with their floor mats. According to the company, floor mats in some of the vehicles have the potential of coming into contact with the gas pedal if not properly installed. The company has requested that dealerships replace the vehicles’ car mats with new ones.
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May 28, 2014

Home Health Company Settles Medicare Fraud Case Brought by Whistleblower for $150 Million

by Altman & Altman

Amedisys, a home heath company that operates in over three dozen states, has agreed to pay $150 million to resolve Medicare Fraud claims brought by a former employee. According to a whistleblower lawsuit, between 2008 and 2010, a number of the company’s offices improperly billed Medicare.

April Brown, a nurse, said Amedisys violated the False Claims Act when it turned in false home healthcare billings to Medicare. She says that the company asked her to bill for services that were not necessary or were never actually provided. She also worked with patients who weren’t actually homebound. Brown and other nurses were purportedly pressured into providing care that benefited the home health care’s financial needs instead of the health needs of patients.

Brown contends that when she questioned what was going on, she was let go from her job. She then became the first person to file a qui tam case against Amedisys. Several other individuals followed and their respective cases were consolidated in federal court.