Boston Injury Lawyer Blog

April 16, 2014

Massachusetts General Hospital Doctors Settle Boston Medical Malpractice Lawsuit for $4.5M in Plymouth Woman’s Death

Massachusetts General Hospital doctors George Velmaho and Alasdair Conn have agreed to settle for $4.5 million the Boston medical malpractice lawsuit accusing them of negligence in the 2005 death of a 62-year-old patient. Geraldine Moran was placed under their care when she broke a number of ribs after falling off a ladder while cleaning her home.

Even after doctors at another hospital conducted a high-tech medical scan showing that one of her ribs was cracked so that a sharp portion of the bone had become positioned dangerously close to her aorta, the Massachusetts General doctors did not order chest imaging. Also, they decided to wait until the following morning to operate on her.

The morning of her surgery, Moran, who had coughing since the day before, did so in such a way that the rib went into her aorta. She went into cardiac arrest and died.

April 14, 2014

Lawsuits Continue Over Two Amusement Park Deaths

by Altman & Altman

At amusement parks, screaming is commonplace- even encouraged. Eventually those screams turn to laughter and excitement as patrons of all ages gather up the courage to board the tallest, most extreme rides they can handle. Amusement parks, as the name suggests, are meant to be a place of total enjoyment, free of any stress except that very brief moment of pure panic as you sit at the top of the highest roller coaster, staring down at the ground far below.

When an accident occurs at a theme park, happiness quickly turns to tragedy. Eleven-year-old Abiah Jones’ parents watched her leave for a school trip with her classmates one spring morning, unaware that would be the last time they would see their beloved child alive. She climbed into a car on the Giant Wheel at Morey’s Pier in New Jersey as it made its way around to the top. Abiah somehow fell from the top of the ride and did not survive.

Her parents were understandably devastated. They filed a lawsuit against Morey’s Pier, Inc. However, for unknown reasons, the family filed in the State of Pennsylvania. A three-judge appellate court ruled recently that the while the case is valid, it must be tried in the State of New Jersey, where the accident occurred.
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April 11, 2014

10 People Killed in Truck-Bush Crash Involving FedEx Vehicle

by Altman & Altman

A fiery truck crash involving a bus and a FedEx vehicle has claimed the lives of 10 people in Northern California. According to the CHP, the victims include the drivers of the two vehicles, five students, and three adult chaperones.

There were 19 students on the bus that was struck by the truck, which drove over a grassy median on the interstate to cause the collision. Over 30 people were hurt, sustaining burns, broken bones, head lacerations, broken noses, or other injuries. A number of them were hospitalized, some in serious condition.

The bus-truck crash caused the two vehicles to burst into flames, forcing one victim to be admitted to a hospital burn unit. That patient later died. The bus was one of three charter vehicles that were travelling 12 hours from the LA area to Humboldt State University, where the students were to go to college. The students are from different Los Angeles Unified School District high schools.

April 8, 2014

Struggles Mount for Mother of Young Child Hit & Killed by Car

by Altman & Altman

It was a normal Wednesday afternoon on the day before Thanksgiving 2013. Glendalee Alvarado was walking her daughter Brianna home from school when a young life was cut short; another permanently altered. Footage from a nearby security camera captured the horrific scene as an SUV plowed straight into Alvarado and her daughter skipping down the street, pinning them under the vehicle. Seven-year-old Brianna died at the scene while her mother sustained life-threatening injuries. “It’s something that will never go away,” Glendalee told WHDH.

The Dorchester mother recounts the very ordinary events leading up to the tragic accident, explaining, “She was in front of me. We were walking and she was always in front of me, then I don’t remember. They said I tried to hold her jacket back but I don’t remember.” Glendalee Alvarado now has to cope with the loss of her young daughter on top of her own serious injuries.

WHDH reports that “Alvarado was hurt so [badly] in the accident she was in the hospital for about a week before doctors broke the news to her that her daughter did not survive.” Even now, several months later, she is in constant pain from a surgically rebuilt leg and paralysis after four strokes. Still, she says, the most painful thing is hearing her other children asking for their sister Brianna.
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April 7, 2014

Whistleblowers Get Protections Under Consumer Financial Protection Act with OSHA’s Interim Final Rule

by Altman & Altman

The Occupational Safety and Health Administration has put out an interim final rule that tackles complaints of retaliation under the Consumer Financial Protection Act. Under the CFPA, employees are protected against retaliation from entities that provide consumer financial services and products that are mainly for family, household, or personal use, including: certain kinds loans, residential mortgages, modifications to mortgage loans, relief services regarding foreclosure, debt relief, consumer credit, and other goods and services. The interim final rule sets up burdens of proof, procedures, statutes of limitations, and remedies.

At Altman & Altman, LLP, our Massachusetts whistleblower lawyers are here to protect the rights of those who report when a fraud is being committed against a state or the federal government. We are here to help whistleblowers in their attempts to file a successful case while making sure their rights are protected throughout the entire process. Contact our Boston law firm today.

The CFPA protects workers that reports certain types of violations to the Bureau of Consumer Financial Protection, an employer, or a government entity. The interim rule sets up time frames and processes for how to deal with these retaliation complaints, as well as procedures involving employee complaints to OSHA, OSHA probes, appeals of OSHA decisions, and other matters.

April 4, 2014

Seniors Under Age 65 Suffering From Frontotemporal Dementia May Require Proper Boston Nursing Home Care

by Altman & Altman

According to the Alzheimer’s Association up to 50% of dementia cases involving people under the age of 65 may actually be the condition known as frontotemporal dementia (FTD). More likely to hit at a younger age than those struck with Alzheimer’s, doctors are also now finding that the condition occurs more commonly than previously thought.

FTD begins with behavioral problems because nerve cells in the frontal lobes have died. Then, as the condition hits other parts of the brain, memory loss occurs. Other symptoms may include loss of inhibition affecting self-control, judgment, and the ability to make decisions, as well as apathy and loss of empathy. Eventually, the symptoms become similar to that of Alzheimer’s and many patients afflicted with FTD end up in nursing homes.

At Altman & Altman, LLP, our Boston nursing home abuse and neglect lawyers represent the families of patients who received poor care or were abused and sustained injuries or other health issues or even died as a result. Please contact our Massachusetts nursing home negligence law firm today.

April 4, 2014

Experts Warn Many Backyard Decks can Collapse

by Altman & Altman

As the weather finally begins to warm up after an especially brutal winter, families are eager to get outside and enjoy the milder spring on their decks. However, home inspection experts warn that of the two million decks that are built and replaced every year, only about 40% are actually safe. Deck collapses, especially those which are high off the ground, can lead to serious injuries and death.

As with so many tragic injury cases, most deck collapses are completely preventable. Eric Kent, co-owner of Archadeck of Charlotte, a company that specializes in building decks and porches, explains that most deck accidents result from improper attachment to the house or building. Weaker decks are commonly attached using a regular bolt, which can slide easily through wood, causing the deck to collapse. Instead, Kent suggests a “thru bolt” which is a “large, galvanized bolt that literally runs through the exterior wall of a house and into the deck supports.”

In addition to the contractors installing the deck, homeowners have a huge responsibility to inspect their decks frequently. A thorough inspection starts with checking for cracks and splits around the nuts and bolts, and also includes the wood and the railings. Eric Kent warns that springiness and mold are the first signs of rot, severely weakening the strength of the structure and increasing the risk of collapse exponentially. After the long winter, deck boards can feel damp and soft, even breaking apart to the touch. Imagine loading 15 family members and friends onto a structure that could disintegrate in seconds.
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April 4, 2014

Google Acquisition Nest Labs Halts Sales of Its Smoke Detector

by Altman & Altman

Nest Labs, the home electronics company Google recently acquired for $3.2 billion has stopped selling its smoke and carbon monoxide detectors amid grave concerns regarding its reliability in the event of an emergency. According to the New York Times, the smoke detector, known as “Nest Protect” can be inadvertently disabled when a person waves his or hands in front of the alarm. Perhaps inspired by the classic waving of a dish towel around the detector after cooking something especially smoky, the feature, called “Nest Wave,” was clearly not well-thought-out by the designers. Officials are worried that someone could potentially deactivate the alarm, rendering it useless in the event of a fire or carbon monoxide event.

It is easily to imagine how a child could unknowingly deactivate the alarm if it got close enough, putting the entire family at risk. A smoke detector and carbon monoxide alarm is one of the only electronics in the home that goes largely unnoticed until there is an actual emergency. They are the silent lifelines that only announce their presence when a threat is detected. If the alarm was disabled, it is possible no one in the home would even notice until it was much too late.

Nest Chief Executive Tony Fadell posted an open letter to customers on the company’s website explaining that Nest is making every effort to solve the problem. Fadell stated that the company has stopped selling the product until the feature in question has been remedied. He also mentioned that Nest would immediately begin deactivating the “Nest Wave” feature on devices already installed in homes. Fortunately, this is a process that can be done remotely to prevent any incidents with current customers.
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April 3, 2014

Social Media Posts Can Put Your Personal Injury Claim at Risk

by Altman & Altman

In the age of the internet, a keyboard is never more than a few inches away. Access to social media is literally at your fingertips, beckoning to vent your frustration to hundreds, thousands, maybe millions of followers. Most internet-savvy people would reach right for their phones after a car accident or injury to blow off some steam or to keep concerned loved ones informed of their condition. However, new data suggests social media fiends should think twice before posting about a personal injury case.

Insurance companies will try to use any posts, pictures, or interactions to dispute claims and prevent victims from receiving compensation for their injuries. The insurance companies can easily access your personal Facebook, Twitter, Instagram, and any other social media site to gather information that can be used against claimants to prove that they are misrepresenting injuries.

The practice might come as a surprise to most of the general public. It is a common assumption that medical records and doctor testimony is enough to back up claims made by personal injury victims, but in truth, insurance companies “actively work to disprove claims made by a victim’s doctor. Social media can be an integral tool in this pursuit,” according to Attorney Brian J. Mongelluzzo.
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April 2, 2014

Medical Malpractice Payouts Increase for First Time in a Decade

by Altman & Altman

According to the National Trial Lawyers, payouts for medical malpractice cases actually increased in 2013 for the first time in ten years. The National Practitioner Data Bank found that companies paid out $168 million more than 2012, an increase of 4.7%. Keeping consistent with the trend of years passed, the vast majority of the payouts (96%) were from settlements, not judgments.

The state of California saw the largest increase in malpractice payouts last year, with a $51 million jump. In total, 38 states, or 78% of the country experienced a surge in payouts. New Jersey and Pennsylvania also saw an increase, with payouts surpassing the total in 2012 by $43 million and $41 million, respectively. Interestingly, New York had the highest decrease, where they fell $73 million, but still remains the state with the high malpractice settlements overall. Other states that paid out less in settlements include Massachusetts and Illinois.

The top three states for Medical Malpractice are of course, the great state of New York, sitting in the top spot, followed by Pennsylvania and Massachusetts. Payouts per capita for the number one spot totaled a whopping $38.83. The population in New York State in 2013 was 19.5 million people. To put that into perspective, North Dakota had the lowest payouts per capita in the United States, with only $2.96. North Dakota had a total population of just 723,393.
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