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Ursula Ward, the mother of the Dorchester man that ex-New England Patriots player Aaron Hernandez is charged with murdering, is suing the former pro athlete for Massachusetts wrongful death. She filed her complaint in Bristol Superior Court last week.

Ward’s son, Odin Lloyd, was found last summer close to Hernandez’s home in North Attleborogh. The 27-year-old had been shot multiple times in the face.

In the criminal case, prosecutors say Hernandez planned and executed the slaying. The 24-year-old has pleaded not guilty to the murder charge, as well as to related weapons charges. Two other men pleaded not guilty to being accessories to the killing.

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With the cold weather come slippery conditions, and an increased risk for slip and fall accidents. Whether you are a homeowner, business owner, or are a visitor, it is important for you to understand ways to protect yourself, loved ones, as well as understand your rights in the event you are injured as the result of a slip and fall accident.

If you are a home or business owner, it is important for you to take crucial steps to prevent slip and fall incidents.

Recent precipitation mixed with frigid weather means ice and slippery walkways.

• Walkways, driveways, sidewalks, and other entryways should be cleared of snow as soon as possible, and salt should be put down to minimize the risk of ice and frozen surfaces.
• Lighting systems covering walkways or driveways should be checked to verify they are working properly. Deficient lighting makes it more difficult for individuals to see patches of snow and ice.
• Entrance steps and handrails need to be continuously inspected for damage.
• Interior walking surfaces, such as entrances, foyers, reception areas, hallways, and stairwells, are all areas common areas where serious slip and fall injuries can occur, and special attention should be paid to housekeeping in these areas.

Slip and fall incidents can result in painful and often serious injuries. Common types of injuries may include serious bruising, broken bones, spinal cord and back injuries, neck injuries, serious head injuries, or lacerations.
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To resolve allegations that it purposely did not pay back Medicaid for prescription expenses, CVS’s Caremark will settle the pharmaceutical fraud case with the US and several state governments for $4.25M. The claims were originally brought via a whistleblower lawsuit.

The giant chain is accused of using “Quantum Leap,” a computer system, to disregard when a customer had a third-party payer that could cover a prescription. The processing platform allegedly canceled reimbursement claims turned in by Medicaid for individuals who had this “dual” eligilbity. As a result, Medicaid ended up paying for prescriptions that were the responsibility of other insurers.

Caremark LLC is a pharmacy benefit management (PBM) company that is run by CVS Caremark Corporation. It is the PBM for private health plans that insure individuals with prescription drug benefits under Medicaid and also private plans administered by Caremark.

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As Christmas approaches, you might find yourself rushing to the nearest toy store to find the perfect gift for a child in your life. However, before you walk out of the store with your purchase, you want to make sure that the toy on the child’s wish list isn’t a hazard. Each year, thousands of children are treated at emergency rooms for injuries caused by toys. Hundreds of toys are also recalled every year because of safety issues. When you buy a toy for a child, you should pay special attention to what you are purchasing, including the recommended age and any warnings. Remember that young children are particularly at risk of asphyxiation caused by toys with small, detachable parts. Toys with easily accessible batteries or magnets are also choking hazards for young children. Plastic or glass toys that break easily can cause injuries as well. Flammable materials, toxic substances, and sharp edges are all examples of poor design that puts your child at risk. Adhere to the manufacturers’ warnings and instructions, and provide supervision when necessary. You can also check annual reports, such as “Trouble in Toyland”, for a list of toys that could be dangerous for children. Though you should do everything you can to ensure the child’s safety, ultimately, it is the product manufactures designers, distributors, and sellers who are responsible for the toy.

Under Massachusetts product liability laws, these parties have the duty of creating and distri buting safe products. They are also responsible for providing a warning of the toy’s dangers if any exist. Product liability laws cover three kinds of product defects: flawed product design, when a toy is improperly designed; manufacturing process error, when the toy is manufactured differently than it was designed; and marketing defect, when a toy does not have the proper instructions or warnings for its safe operation. Even when none of these defects apply, products liability law holds manufactures and sellers liable if a product is dangerous or defective enough to cause injury or death.
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The U.S. Postal Service has stopped delivering mail to one New England town, citing an aggressive dog as the reason.

For more than one year, mail carriers have not delivered mail to a neighborhood in Concord, New Hampshire over concern that one of the neighborhood homeowner’s dogs is overly aggressive and poses a significant threat to postal workers. In three separate instances postal workers have been rushed and had to suspend delivery anywhere near the home out of concern that the dog will attack.

Neighbors have also complained that the dog is exceptionally aggressive and that they fear for their own safety, however there have not been reports that the dog has actually attacked and harmed any individuals.

While no one yet has been injured by this dog, the scary truth is that no one knows just what will set off a dog and cause it to attack. In many cases, dog attacks happen to unsuspecting individuals who have done nothing to provoke an attack. Under Massachusetts law, dog attacks are held strictly under liability law-meaning that the dog’s owner is fully responsible for the actions of his or her dog. If a dog attacks someone and causes injury, no matter how severe, then it is the owner (or the owner’s insurance carrier) who is responsible for payment of all medical bills, lost wages, and financial compensation for pain and suffering, and any other costs associated with the injury to the victim and/or his family.
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Last week, many residents in the Boston area were excited to learn that the MBTA would be starting a yearlong trial of late night train service in the spring of 2014. The T’s current schedule has undergone scrutiny for many years, and many hope this will be the beginning of a permanent change. The move, which the Globe called “long over-due”, would benefit both those seeking to enjoy the city’s night life as well as workers with late night hours. However, extra hours mean that T passengers should take extra precautions to ensure their safety when traveling at night.

As always, you should remain aware of your surroundings and avoid isolated stops. Hold your belongings close to your body and don’t leave them unattended to avoid unnecessary security alerts. Train operators and the MBTA Transit Police are easily accessible via intercoms at the end of each train car. Avoid risks of physical injury by walking, not running, on the escalators, standing a safe distance from the yellow line, and not blocking closing train doors. When you take all necessary precautions to ensure your safety, the MBTA is responsible for the rest.
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After a mild start to the New England winter, snow showers and freezing temperatures are in the forecast for the Boston area this weekend. Weather forecasters are predicting a winter storm that will most likely bring snow and an icy mix to the area, with some places getting as much as 6 inches. Though some may see the snow as a cheery reminder of the approaching holiday season, it is still important for you to remain aware of the risks that can be caused by the snow and ice. As a pedestrian, you can take precautions against falls by wearing heavy treaded shoes and taking special care to avoid black ice, thin sheets of ice that appear to be wet pavement. You should avoid carrying heavy items and using shortcuts, which may not be cleared. Plan ahead so that you can afford to walk slowly and take smaller steps.

Unfortunately, even when you take these precautions, you can be taken by surprise when walking through a badly maintained property. Property owners have the responsibility and legal obligation to ensure the safety of their properties. Owners of businesses, restaurants, stores, and parking lots must make sure that there are no unsafe or hazardous conditions. This includes the removal of natural and unnatural accumulations of ice and snow. When an owner doesn’t take responsibility for his property, the results can be disastrous.
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An industrial worker was killed on Monday when he was fatally struck by a 12,000-pound steel beam that fell on him at Boston Bridge & Steel Inc., an East Boston plant. The victim, 46-year-old Marco Antonio Huezo Mancea, leaves behind a wife and three children in El Salvador.

According to a Boston Fire Department spokesman, Mancea became trapped when a “large piece” moved onto him. A preliminary probe into the East Boston industrial accident determined that foul play was not a factor. (At the time of the tragic incident, three workers were with Mancea.)

This is the second Boston industrial worker fatality in less than a week. Last Thursday, a 37-year-old construction worker died from injuries he sustained in a Massachusetts work accident involving a scissor lift.

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A man whose mother and infant daughter were killed in a King of Prussia apartment complex has filed a wrongful death lawsuit against the apartment complex, its owners, and the person accused of the killings. Venkata Venna is claiming reckless and careless conduct and negligence. He believes the complex managers and owners should be liable for premises liability because, he says, they did not provide proper security on the premises.

Venkata’s 10-month-old daughter Saanvi and his 61-year-old mother Satyavathi Venna were killed after the child was allegedly abducted by Raghunandan Yandamuri, who is accused of kidnapping the girl to extort money to pay off his gambling debt. NBC Philadelphia reports that Yandamuri is charged with first-degree murder, second-degree murder, abusing a corpse, kidnapping, and other offenses in this matter.

According to police, the 27-year-old admitted to accidentally slitting the older woman’s throat and putting a handkerchief in the infant’s mouth. Yandamuri’s lawyer, however, contends that his client was coerced into issuing a confession.

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OSHA has recently announced the launching of a new program that will allow workers in the United States to file whistleblower complaints online.

The online form will provide workers who have been retaliated against, the additional opportunity to reach out for OSHA assistance.

“The ability of workers to speak out and exercise their rights without fear of retaliation provides the backbone for some of American workers’ most essential protections,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Whistleblower laws protect not only workers, but also the public at large and now workers will have an additional avenue available to file a complaint with OSHA.”

The current system allows workers to file a written complaint or verbal complaint (by calling the agency’s regional office), but now workers will be able to submit complaints electronically. The new form will prompt workers to include basic information so that an OSHA representative can easily follow up with the complainant. The electronic version will be identical to the paper version, and requests the same information necessary to initiate a whistleblower investigation. United States whistleblowers are protected under 22 statutes enforced by OSHA, which serve to protect those employees who report violations of various securities laws, trucking, airline, nuclear power, pipeline, environmental, rail, public transportation, workplace safety and health, and consumer protection laws.

While the addition of this electronic complaint form will undoubtedly serve to increase the ease and ability for people to file complaints, it is most advised for people wishing to file a whistleblower claim to consult with an experienced Whistleblower Attorney to discuss their rights and options before proceeding with filing a complaint.

Whistleblower lawsuits can be very complex. At the law offices of Altman & Altman, our Boston Whistleblower Attorneys have nearly 50 years of experience assisting individuals wishing to bring a whistleblower lawsuit against an entity committing fraud and/or endangering workers.
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