Boston Injury Lawyer Blog

January 26, 2014

Weymouth Hospital Under Investigation Over Massachusetts Maternal Deaths

The Massachusetts Department of Public Health is investigating the South Shore Hospital in Weymouth after two mothers died soon after childbirth. The state agency says the probe is “standard protocol” because childbirth-related fatalities don’t happen very often and these two deaths occurred within weeks of one another.

The women are Christie Lee Fazio, who died after delivering her son on December 14 and Colleen Celia, 32, whose death was on January 15. The Boston Herald says that Fazio, 30, died from cesarean section complications and Celia’s death was because she experienced an amniotic fluid embolism-this complication, which involves the fluid entering the woman’s bloodstream, has an 80% fatality rate. Prior to delivery, Celia was already considered a high-risk pregnancy because she had placenta previa.

South Shore Hospital deals with about 3,600 births annually. Hospital officials are adamant they did all they could for the moms. The state has designated it a level III program, which means the hospital offers advanced care to women with risky pregnancies as well as neonatal intensive care services.

January 26, 2014

Playtex Recalls 1M Pacifier Holders Because of Choking Hazard

by Altman & Altman

Playtex has issued a safety recall of 1.4 million pacifier holders over concerns that small children could choke if a part of the clip broke off.

The U.S. Consumer Product Safety Commission issued a statement last week saying that the clips, which are used to connect a pacifier to clothing, diaper bags, and strollers, have the potential to crack and cause a small part to break off. Playtex has received 99 reports of the holder cracking or breaking, however the company has not received any reports of injuries. Playtex has recalled 1.25 million pacifier holders in the United States and 150,000 in Canada.

According to the company, the products were sold between 2010 and 2013 at major retailers including Target, Walmart, and Amazon.com. Consumers are being told to discontinue using the pacifier holders and contact Playtex Products Inc. for a refund.

Product manufacturers, like Playtex, 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. Currently, there are a number of different baby products on the market, however the reality is that many baby products may pose a threat to the health and wellbeing of children who come in contact with them.

When companies fail to ensure their products are safe, it becomes their responsibility should a consumer be injured. At the law offices of Altman & Altman, LLP our Boston Products Liability Attorneys have decades of experience handling all types of personal injury and products liability cases, and have a track record of achieving successful settlements and verdicts on behalf of our clients.
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January 23, 2014

Dialysis Patient Dies in Boston Rollover Accident Involving Ambulance

by Altman & Altman

Karen Scott, 58, was killed in a Boston car accident on Tuesday when the ambulance she was being transported in was hit by a car. The ambulance proceeded to roll over before righting itself on a guardrail. Scott, a dialysis patient, leaves behind a husband and two children.

According to police, a Mercedes-Benz that ran a stop sign hit the ambulance’s rear quarter panel. Police say that the stretcher Scott was on appeared to have gotten loose during the Massachusetts traffic crash. The driver of the car, 61-year-old Framingham resident Lisa Zemack, was treated for non-life-threatening injuries. She has been charged with failure to grant right-of-way and failure to stop. Police are still investigation what happened. Also injured in the Boston rollover accident was a paramedic that was riding with Scott.

Boston Car Accidents

January 22, 2014

7 People Hospitalized After Carbon Monoxide Leak at Apartment Complex

by Altman & Altman

More than half a dozen residents at an apartment building were sent to the emergency room after being exposed to carbon monoxide on Sunday.

Manchester, N.H. firefighters responded to the building, where they found dangerously high levels of carbon monoxide. All of the residents were evacuated and sent to a nearby hospital for treatment while the apartment building was ventilated. Upon inspection firefighters found that there were no carbon monoxide detectors in the apartment, a safety violation on behalf of the landlord.

While this case occurred in New Hampshire, it is a clear example of negligence on the part of the landlord as he violated safety codes established in his state. The states of both New Hampshire and Massachusetts, as of January 2010, require the installation of properly working carbon monoxide detectors.

New Hampshire laws § 150:10-a:
Requires the installation of carbon monoxide detectors in rental units and in single and multi-family dwellings built or substantially rehabilitated after January 1, 2010.

Mass. Gen. Laws Ann. ch. 148, § 26f1/2:
Requires that every dwelling, building or structure occupied in whole or in part for residential purposes that contains fossil-fuel burning equipment or incorporates enclosed parking within its structure shall be equipped by the owner with working, approved carbon monoxide alarms.

Building codes are rules for keeping buildings and other structures minimally safe. In Massachusetts, the Board of Building Regulations and Standards has adopted standards of building codes to ensure that buildings are safe and free of hazards to the public. These provisions include fire codes, structural codes, and sanitary codes.
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January 18, 2014

Clergy Sex Abuse: Pope Benedict Defrocked Almost 400 Priests in Two Years

by Altman & Altman

The Associated Press says it obtained a document revealing that Pope Benedict XVI defrocked close to 400 priests during 2011 and 2012 for sexually abusing children. The information comes from data the Vatican has been gathering to assist the Holy See’s defense before The U.N. Committee on the Rights of the Child this week.

Speaking before the panel, Monsignor Charles Scicluna, who once served as the sex crimes prosecutor of the Vatican, said that the Holy See now understands that certain changes need to be made in the handling of clergy sex abuse cases. Last year, Pope Francis made the recommendation that the church take decisive action by speaking out about the protection of minors, taking the guilty to task, and helping the victims.

Please contact Altman & Altman, LLP if you believe your child was a victim of Massachusetts clergy sexual abuse and you would like to explore legal options. We also represent adults who were the victims of Boston sexual abuse as children.

January 17, 2014

CPSC Issues Consumer Warning After Children Found Unresponsive in Hope Chest

by Altman & Altman

The Consumer Product Safety Commission has issued a warning in response to the tragic incident in which two young siblings were found unresponsive after being locked in a hope chest on Sunday evening.

According to investigators, the two children had been playing in the chest and accidently locked themselves inside and were unable to unlock it. Officials reported that the lid could only be released from the outside, not from within.

In 1996, the Lane Company issued a voluntary recall for 12 million hope chests with lids that automatically shut when closed after reports that a half dozen children had suffocated inside the chests. The company also offered customers the option of installing safety locks on cedar chests with latches.

The CPSC has since ordered customers buying new hope chests to make sure that it has a lid support that will hold the lid open at any position, or to purchase chests that do not have lids or with lightweight, removable lids, or chests with sliding doors or panels to prevent a falling lid. The CPSC has also told customers who’ve been handed down hope chests by family members to ensure the product has ventilation holes that will not be blocked if the chest is placed against the wall, when closed, and leaves a space between the lid and the sides of the chest.
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January 14, 2014

Two Franklin, MA Children Suffer Fatal Entrapment, Suffocation in Hope Chest

by Altman & Altman

Two siblings died on Sunday after they became entrapped in an old hope chest. Lexi Munroe, 8, and Sean Munroe, 7, were pronounced dead at the hospital. Police say that the Franklin, MA entrapment incident appears to be accidental. Autopsy reports are pending.

The family had purchased chest secondhand over 10 years ago. Lane Furniture, a company that has recalled millions of hope chest over the years due to safety concerns, made the hope chest. Heritage Home Group now owns Lane Furniture.

According to the Associated Press, there were multiple relatives, including an adult, in the home when the Franklin, MA suffocation accident happened. The chest was located next to a TV that had its volume turned up.

January 9, 2014

Waltham Woman Files Wrongful Death Lawsuit Against Massachusetts DCF Over Toddler’s Fatal Abuse

by Altman & Altman

Andrea Rizzitano is suing the Massachusetts Department of Children and Families for the wrongful death of her great-nephew. In her lawsuit, the Waltham woman says the state agency failed to protect Kadyn, 13 months, from his mother, who later pleaded guilty to involuntary manslaughter in the death of the boy.

Autopsy results indicate that the child died from blunt-force trauma. He also suffered from contusions of the liver, stomach, and colon, as well as internal bleeding.

Rizzitano claims that the DCF repeatedly disregarded warnings that Kadyn’s mother, Christina Hancock, was neglecting and abusing the child. Just two months before his death the boy was admitted to the ER wit a broken arm. A doctor even filed a 51A complaint alleging abuse. While the child was temporarily removed from his home, he was eventually returned to his mother.

January 2, 2014

Worcester Police Continue Search for Driver in Hit-and-Run Pedestrian Accident

by Altman & Altman

A pedestrian suffered a serious injury after being struck by a car in a hit-and-run accident.

Worcester police responded to a Summer Street residence after reports a man was struck by a small, white, foreign vehicle. Witnesses told police that the victim flew onto the hood of the vehicle before rolling off, and falling to the pavement. The victim is reportedly in good condition and recovering at a local hospital with non-life threatening injuries.

Unfortunately, pedestrian traffic accidents account for more than 13% of all traffic-related fatalities and 3% of all personal injuries caused by motor vehicle accidents. According to the National Highway Traffic Safety Administration (NHTSA) a pedestrian is injured every eight minutes and one pedestrian dies every two hours as the result of a traffic accident in the United States. Approximately 20% of all pedestrian car accidents according to the NHTSA, are also hit-and-run accidents. While we do not have much information about this particular incident, what can be assumed is that this young lady was walking during the early morning hours; at a time where there was minimal daylight.

In order to prevent an accident and keep themselves visible to motorists, pedestrians should always: -Wear bright or reflective clothing and carry a flashlight when walking during the early hours of the morning, at dusk, or at night. -Walk on sidewalks (whenever possible) and walk against the traffic when there are no sidewalks. -Cross at designated crosswalks whenever possible.

In addition, drivers can prevent pedestrian accidents by: -Yielding to the right-of-way to pedestrians crossing streets in marked or unmarked crosswalks.  -Yielding to pedestrians while turning at intersections or onto another street. -Being vigilant and aware of pedestrians walking at night, when it is dark out. -Slowing near major crosswalks.
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December 31, 2013

Woman Killed in East Boston When She is Crushed by Andrew McArdle Bridge

by Altman & Altman

A woman died in East Boston on Tuesday when the Meridian Street Bridge, also referred to as the Andrew McArdle Bridge, closed on top of her. Boston police are trying to figure out exactly what happened to cause the Massachusetts pedestrian accident.

Aura Garcia was crossing the bridge when it started to open. According to WCVB, the bridge operator did not appear to know that the 46-year-old pedestrian was there and started to raise the structure for a boat traveling on the Chelsea River. When Garcia, who grabbed one of the bridge’s sides, started to scream, the operator lowered it but she then got trapped between the plates and was crushed to death.

The bridge operator has since been put on leave pending the results of an investigation. It is not known right now whether operator error was the cause of the tragic accident or whether Garcia disregarded the alarms or warning lights. Bridge malfunction could also be a factor.