Boston Injury Lawyer Blog

April 30, 2014

Student Says She Was Victim of Massachusetts Sexual Assault at Curry College in Milton

A female student at Curry College says she was the victim of a Massachusetts sex crime that took place on campus. The incident allegedly occurred in a dorm building. Her assailant has not been identified but police are investigating the matter.

Curry College is just one of a number of Massachusetts schools in the media spotlight because of sexual assaults on college campuses. Just this week the US Department of Investigation announced that it is investigating 55 colleges and schools to determine whether they illegally handled complaints involving sexual harassment and violence. Schools in this state that are part of the probe: Boston University, Amherst College, University of Massachusetts- Amherst, Emerson College, Harvard College and Harvard University-Law School.

Already, the Department of Education has said that Tufts University did not comply with rules about how to deal with sexual assault. Meantime, both Emerson College and Harvard University are accused of creating hostile environments for sexual assault victims.

April 30, 2014

Elderly Woman Struck By MBTA Commuter Rail Train

by Altman & Altman

An elderly Framingham woman was seriously injured when she was struck by a commuter rail train in downtown Framingham earlier this week.

The woman was struck by an inbound train near the Framingham rail station and it is still unclear as to how or why the accident occurred. The woman was medflighted to a Boston-area hospital for treatment of serious injuries and she is expected to make a full recovery.

MBTA ACCIDENTS

Whether you are someone who utilizes public transit on a daily basis or only occasionally, there is always a risk of injury as the result of human error (such as an operator’s behavior), equipment failure, as well as unsafe conditions on commuting premises. Unsafe conditions can be present in a number of locations, including at bus and train stations, on station platforms, on stairways and stairwells, and on entryways, and exits.
When these types of accidents occur, victims inevitably wonder what their next step should be along with recovery from their injuries. Common concerns may include payment for medical bills, compensation for lost wages because an injury prevents a normal work schedule, property damage, pain and suffering, and long-term care and disability.

No matter what the specific details of your incident, the attorneys at the law offices at Altman & Altman have the knowledge and experience to assist clients in filing a claim against the parties responsible for their injuries and help them achieve the financial compensation they deserve and are entitled to. In addition to assisting clients receive financial relief, we also connect clients with some of the most respected and knowledgeable health professionals to ensure that they receive the highest level of care available.
Continue reading

April 30, 2014

Tufts University and Harvard University Face Government Scrutiny for Sexual Assault Cases

by Altman & Altman

Tufts University and Harvard University are facing harsh criticism from government officials for their procedures of handling sex assault cases on their campuses.

On Monday the U.S. Department of Education found that Tufts University has not been complying with federal rules on how colleges should address sexual assaults, and stated that the university needs to do more “to ensure the safety of more than 10,000 students” at the school. The case stems from a complaint filed in 2010 by a woman who accused Tufts mishandled her sexual assault allegations. According to a federal investigation, Tufts waited nearly six months before it launched its own investigation of the woman’s complaint, and did not offer the victim appropriate options; including offering to have her move out of the dormitory where she and the accused lived and still requiring the young woman to attend a leadership class alongside her assailant or else face removal from the program.

According to WCVB.com, a Tufts spokesperson said that the school has been working closely with the Department of Education and is “shocked it has been declared out of compliance with Title IX, a federal law that prohibits sexual discrimination and affects education funding.” The school is at risk of losing its federal funding if it does not reach an agreement with the education department’s Office of Civil Rights.

On Tuesday of this week, a White House task force on sexual assault is expected to recommend that schools identify trained, confidential victim’s advocates and conduct surveys to better gauge the frequency of sexual assault on their campuses Harvard University is also facing scrutiny after federal investigators launched separate investigations against the Ivy League school as well as dozens of other schools for allegedly creating hostile environments for sexual assault victims.
Continue reading

April 30, 2014

Use This Simple Tool to Get the Most out of Your Personal Injury Case

by Altman & Altman

The aftermath of an accident can be completely overwhelming. Victims are shuffled to multiple doctors’ appointments, physical therapy sessions, and attorney consultations all while trying to recover from the emotional and physical effects of potentially serious injuries. One minute, your life is carrying on as planned, the next, an accident thrusts all of this upon you. It can be extremely difficult to navigate the medical terminology, insurance claims, and financial issues without any help. Enlisting the assistance of a Massachusetts personal injury attorney is advised in these cases, learn more about that here

With everything that is going on around them, details surrounding the actual symptoms can begin to get foggy for the victim, and defendants and insurance companies will take every opportunity to take advantage of that. A simple solution to the problem is to keep a journal. Writing a detailed account of your injuries, how you are feeling, and general notes about the accident every day is a low-tech but ultimately effective tool for bolstering your claim. A daily journal easily monitors progress and set-backs and eliminates worry of forgetting any important details amid the chaos.
Continue reading

April 29, 2014

Recalled Dehumidifier Manufacturer Ignored Early Warnings from Suppliers

by Altman & Altman

It is not often that a homeowner panics when he or she thinks they left the refrigerator on. Many household appliances are meant to operate quietly and continuously while residents go about their day. A dehumidifier hums softly in a dark, damp corner of the house often while a family is asleep. Consumers trust this relatively simple device to be safe without putting too much thought into the machine when it is in use. However, recent developments in a large-scale dehumidifier recall may force homeowners to reconsider an appliance once thought to be completely safe.

//www.youtube.com/watch?v=w82980oDR4w

Dehumidifiers manufactured by the Chinese company Gree Electric Appliances Inc. are being recalled due to their tendency to catch on fire. Though no serious injuries have been reported yet, numerous fires and property damage reports are starting to pour in. The purpose of the device is to remove water and moisture from the air in damp places, and they are usually left on all day unattended. The appliance, which is manufactured by Gree but sold under many different names, was originally tested and endorsed by Consumer Reports. Upon hearing of the widespread issues with the product, the trusted magazine quickly de-listed it and recalled its ratings.
Continue reading

April 25, 2014

Stroke Victim Awarded $14M in Medical Malpractice Case Against Doctor Who Prescribed Yasmin Birth Control

by Altman & Altman

A Chicago woman was awarded $14 million in a medical malpractice case against her doctor after she suffered a severe stroke two weeks after starting the birth control Yasmin.

Mariola Zapalski, 37, was prescribed the controversial contraceptive pill by Dr. Zbigniew Aniol in 2007 to control irregular bleeding. 13 days later, she had a stroke which caused profound brain damage, causing her to become partially paralyzed and wheelchair bound. Zapalski now requires around-the-clock care by her husband, who is now unable to work.

A four woman, eight man jury reached the verdict on April 18 after a two-week trial before Cook County Circuit Judge Edward Washington II. The jury determined that the defendant, Dr. Aniol’s choice to prescribe the medication to Zapalski ultimately led to her life-long debilitating injury. Zapalski’s attorney Bradley Cosgrove said he hopes the “verdict will send a message to other health care providers to be very careful in prescribing this medication that can be very dangerous.”

ABOUT YASMIN

Yasmin, which is manufactured by Bayer HealthCare Pharmaceuticals, Inc., has been widely criticized for years by medical professionals because of its severe adverse side effects which among those side effects include a high risk of stroke in young women. Despite the controversy and known risks, Yasmin and YAZ continue to thrive in the pharmaceutical marketplace. In fact, in 2011 Bayer’s contraceptive medications generated $1.1 billion collectively making them the drug maker’s biggest selling drugs-Yasmin ranked as the No. 4 oral contraceptive in the United States.

In April 2012, the U.S. Food and Drug Administration ordered Bayer and other contraceptive makers to strengthen blood-clot warnings on their products. The FDA issued a safety review update last year for Yasmin and other birth control drugs containing drospirenone, a synthetic form of the naturally occurring female hormone progesterone. Medications with drospirenone have been found to triple the risk of blood clots.

As of March 2012, nearly 12,000 lawsuits have been brought against Bayer alleging that numerous contraceptive drugs, including Yasmin, enhance the risk of blood clots (deep vein thrombosis (DVT), pulmonary embolism (PE)) and gallbladder problems. Ocella, which is the generic version of Yasmin, is also associated with serious side effects, some of which have been found to be fatal. Lawsuits also allege that the company failed to adequately warn patients and medical professionals of increased risk of serious side effects associated with the use of Yasmin and Yaz as compared to safer oral contraceptives.

All of the oral contraceptives containing ethinyl estradiol and the new “fourth generation” progestin drospirenone (DRSP) have been linked to:

• Blood Clots • Deep Vein Thrombosis (DVT)
• Pulmonary Embolism • Gallbladder Disease • Stroke • Cerebrovascular Accidents (CVA)
• Heart Attack • Myocardial Infarction • Death Continue reading

April 23, 2014

Owner of Back Bay Building Files Lawsuit in Fatal Beacon Street Fire

by Altman & Altman

The charred shell of a building is all that remains at 298 Beacon Street in Back Bay. The prestigious address on the tree lined street was once a grand old brownstone nestled in between rows of historic homes and old Boston. The nine alarm blaze quickly tore through the building, fueled by the 50-mile-per-hour winds coming off the nearby Charles River. The eight-unit building was a total loss, but the most tragic consequence of the fire was the deaths of two Boston firefighters who were trapped in the basement. Though no criminal activity was suspected, an investigation was launched, as usual, into the cause of the deadly fire.

The investigation by officials revealed the probable cause to be sparks from a nearby welding site. It is believed that workers were welding part of a safety rail at neighboring 296 Beacon Street when the strong winds carried the sparks into the old building. After learning of the findings, the owner of the destroyed building, listed as the estate of Michael J. Callahan, is suing the owner of 296 Beacon Street, (Oliver Realty LP) the welding company, (D & J Iron Works) and the owner of the welding company (Guiseppe Falcone). The suit was filed by the executer of the estate, Herbert Lerman.
Continue reading

April 22, 2014

Boston Marathon Spectator Plunges At Least 15 Feet in Newton, MA Balcony Fall

by Altman & Altman

A woman was rushed to Beth Israel Deaconess Medical Center on Monday after she fell at least 15 feet from a second-floor balcony while watching the Boston Marathon. Authorities say that the railing broke, which caused the Newton, Massachusetts balcony fall accident.

Massachusetts Balcony Falls
Unfortunately, falls from balconies are not uncommon-especially in urban areas in the United States. According to data analyzed in 2009 from the National Electronic Injury Surveillance System of the US Consumer Product Safety Commission, between 1990 through 2006 there were about 86,500 balcony fall injuries that required hospital attention. Fall heights varied from as low as 5 feet to up to nearly 88 feet. Structural failure was a factor in about 5,600 cases.

At Altman & Altman, LLP, Boston balcony accident lawyers represent victims and their families with Massachusetts premises liability claims against property owners, as well as against other parties that may have played a role in allowing the balcony incident to happen.

Balcony falls can lead to serious injuries and death. Common causes may include structural issues, rail defects, undetected rot (if the balconies are made of wood), rusted or weakened bolts, inadequate railing (for example: a rail that isn’t high enough to protect children from falling), and building code violations.

Balcony falls can also happen if the structure becomes overcrowded or if drinking is involved and the host or premise owner failed to provide proper supervision. A physical altercations on balconies may also lead to a fall, which could be grounds not just for a Boston personal injury case but also criminal charges (even if the accident was caused unintentionally).

Examples of common balcony injuries: head trauma, traumatic brain injury, broken bones, and spinal cord injury. Recovery may take a long time and there may be permanent injuries and disabilities requiring not only costly medical attention but also long-term professional care.

Spectator injured when balcony railing gives way, The Boston Globe, April 21, 2014

Epidemiology of balcony fall-related injuries, United States, 1990-2006., PubMed.gov, February 9, 2011

More Blog Posts:
Experts Warn Many Backyard Decks can Collapse, Boston Injury Lawyer Blog, April 4, 2014

OSHA Announces National Events for Fall Prevention in Construction, Massachusetts Workers’ Compensation Lawyer Blog, March 31, 2014

Harsh Winters Up the Risks of Massachusetts Slip and Fall Accidents, Fractures, and Not Just For The Elderly, Boston Injury Lawyer Blog, February 18, 2014 Continue reading

April 21, 2014

More Professional Athletes File Suits for Sports-Related Head Traumas

by Altman & Altman

A group of former hockey players are seeking financial compensation for head injuries they sustained while playing in the NHL.

Retired NHL players Dave Christian, Reed Larson and William Bennett are hoping to target the violence in hockey where they believe their injuries were sustained. The players filed a class-action lawsuit last week alleging that the National Hockey League promoted fighting while subsequently downplaying the risks for head injuries associated with the [promoted] violence.

Charles Zimmerman, who filed the class action lawsuit on behalf of the three players, stated that ultimately a change to glorified violence in the game is what may come of the lawsuit. This lawsuit is similar to the one brought forth by former NFL players who are seeking monetary compensation for their long-term injuries which resulted from repeated head traumas, as well as increased medical monitoring. The NHL’s deputy commissioner Bill Daily said that the organization is not surprised by the lawsuit.

“As we have indicated earlier, another lawsuit of this type is not unexpected,” Daily said. “It’s the nature of these types of cases that once one is filed, a number of similarly styled cases follow. Nothing changes our belief that all of these cases are without merit and they will be defended accordingly.”

Currently there is a $765 million settlement pending against the NFL, which still needs approval by the case’s judge. Last Thursday, U.S. District Judge Anita Brody said she fears the $765M fund might not be sufficient enough to cover the thousands of victims impacted by head traumas. Judge Brody ordered both parties to address several issues with the settlement, which had been preliminarily agreed upon last summer. Many also believe that the attention of this case has prompted NHL players to seek damages relating to concussive injuries.

Zimmerman said that the main aspect of his clients’ case against the organization is that there is “knowledge that these types of injuries were known and protections were not put in place appropriately enough or fast enough and rules changes were not implemented in fighting.” He argued that his clients and other present athletes were (and are) at risk of suffering serious injuries because of the demands of their sport. He believes rules ultimately need to be changed and that his clients should be compensated for being exposed to unaddressed risks.
Continue reading

April 16, 2014

Newly Released Memo Reveals “Smoking Gun” in GM Recall Mess

by Altman & Altman

It appears as though the smallest, seemingly insignificant decision brought an auto giant to its knees. Media outlets and the general public alike have been closely following the General Motors recall crisis, searching for answers and where to place blame. After months of mounting mistakes and shifting responsibilities, a memo discussing a fix for the ignition switch problem plaguing millions of GM vehicles was uncovered by congressional investigators. In it, according to Forbes Magazine’s Micheline Maynard, is the so-called “smoking gun memo” from then-GM Ray DeGiorgio.

The General Motors recall mess has been strewn all over front page news for months now. Most of the scrutiny around the Detroit-based auto giant revolves around a defect in the ignition switch, causing the key to easily slip into the “off” position, cutting power to the car. This defect, which has the potential to cause an accident, has affected nearly 2.6 million Chevrolet Cobalt, Saturn Ion and other Saturn and Pontiac models. The design issue has been blamed for 13 deaths so far, and GM has recalled those vehicles. In addition, the auto manufacturer warned that the ignition switch in question could have been used to repair the vehicles that had been recalled.
Continue reading