State police are looking for a dump truck driver accused of dropping and leaving a mattress on Route 128 yesterday. The incident resulted in a Massachusetts rear-end crash that resulted in one fatality. The victim, Framingham resident Frida Litvak, was taken to Lahey Clinic were she was declared dead.

The traffic crash, which occurred close to the Burlingame Mall, occurred at about 3p EST when Litvak, in a Toyota Corolla, stepped on the breaks abruptly to avoid striking the mattress. The 56-year-old woman’s car then rear-ended by a Toyota Tundra pickup moving at a high speed. In the Boston Globe, her sister Galina is quoted as saying that if Litvak hadn’t stepped on the brakes even more people could have been involved.

Also injured in the traffic crash was Charlton resident Andrew Lawendowski, with minor injuries.

Japanese car manufacturer Toyota has told North American car dealers to discontinue sales of six popular car models with heated seats because the fabric does not comply with U.S. safety codes, and have the potential to catch fire.

The order affects 36,000 trucks, cars, and minivans; which equals to nearly 13% of the inventory currently on dealer lots in the United States. Vehicles being sold in Canada, Mexico, Korea, Israel, and other countries around the globe are also affected however the company did not give exact numbers on their website.

Currently there have been no issues of fires or injuries reported, but Toyota is not legally allowed to sell cars that do not comply with U.S. safety codes. Models affected include Toyota Camery, Avalon, Sienna, and Tacoma models with heated seats that were produced between 2013 and 2014, as well as Corollas and Tundras from 2014. Camry currently ranks as the top-selling mid-size sedan in the United States with more than 408,000 model sales last year alone.

All of the models affected were produced in U.S. factories-some models were exported to South Korea where safety regulators discovered the problem after disassembling the seats and testing individual fabrics. The fire hazard lies in the soft material beneath seat covers that does not adhere to safety codes. Toyota does not yet know how long repairs of this problem will take, however replacement material is currently being manufactured and installed at factories. Dealers will use the material to fix cars that are currently on their lots. Spokesperson for Toyota, John Hanson, said that while he does not have a specific time frame as to how long the repairs will take, he doesn’t expect them to take much time to complete repairs.

For vehicles that are already on the road, Toyota does not believe a recall is necessary since there have been no fires or incidents reported, however it will petition the U.S. National Highway Traffic Safety Administration to ask that the problem be declared “inconsequential” to vehicle safety. The NHTSA is aware of the problem and is monitoring the risk, taking public comments on the proposed petition. If the petition is granted by the NHTSA, there will not be a recall of the impacted vehicles.

The timing of this issue could seemingly not come at a worse time, as much of the United States has been impacted by a record cold snap or “polar vortex” as many have referred to it. Kelley Blue Book analyst, Karl Brauer said that there is a high demand for car models with seat heaters. The company, though a leader in global car sales, is trying to regain its reputation for quality after announcing several massive recalls since 2009 for a variety of defects including braking and accelerating systems, and floor mats.
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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.

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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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

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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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.

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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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.

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.

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