Boston Injury Lawyer Blog

December 3, 2013

Fatigue and Human Error Possible Factors in NY Train Derailment

Officials investigating the train that derailed near the Spuyten Duyvil station in Bronx, New York over the weekend believe human error may have been the main cause of the fatal incident.

The passenger train, which was en route to New York City early Sunday morning, jumped the tracks after going into a curve at 82 mph, nearly three times the speed limit. Four people were killed and dozens more were injured.

Anthony Bottalico, the leader of the rail employees union and the representative for William Rockfeller, the engineer responsible for the crash, said that human error was what may have caused the accident. On the day of the crash, Rockefeller was on the second day of a five-day workweek and reported for duty at 5:04 a.m. after working a typical, nine-hour shift the day before. According to Bottalico, Rockfeller said that he had been in a daze and that his mind had been wandering when he realized the train was in trouble. Rockfeller allegedly caught himself dozing off, and put the train into emergency only six seconds before the train and seven of its cars jumped off the tracks.

National Transportation Safety Board member Earl Weener said that investigators have not yet found any evidence that there were any mechanical issues with the train and New York law enforcement officials have launched a separate investigation to determine whether criminal charges will be filed against Rockfeller. Alcohol and drugs have not been cited as factors in the accident, and officials are still investigating the cause.
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November 30, 2013

Nursing Home Operator to Pay $48M to Settle Medicare Fraud Claims Brought in Whistleblower Lawsuits

by Altman & Altman

Ensign Group Inc., which runs nursing homes in a number of US states, has consented to pay $48 million to settle Medicare billing fraud allegations that it billed the government for medical procedures that patients didn’t need. The case stems from whistleblower cases brought by Carol Sanchez and Gloria Patterson, two ex-employee therapists who claimed that the nursing home operator conducted rehabilitation therapy that was not always necessary at six of its facilities. The government believes that Medicare fraud took place at Ensign Group facilities from 1999 to 2011. According to the US Department of Justice, Ensign Group provided the therapy to up its Medicare reimbursement.

One whistleblower lawsuit accused Ensign of promoting fraudulent billing by establishing Medicare billing goals that were not reasonable and giving rewards, such as all-expense paid vacations, to employees who met these objectives. The Medicare fraud attorney of one of the plaintiffs said that the only way to meet these goals was to cheat Medicare. As a result, Ensign staff purportedly billed more than the care that was actually provided/needed by patients to meet the incentive goals.

Ensign Group says that even though it is settling, the company never took part in any illegal behavior. It says that it is choosing to resolve the claims to avoid litigation.

November 24, 2013

Lowell Parents Gets $5M Boston Birthing Malpractice Verdict Against Tufts Medical Center

by Altman & Altman

A Suffolk jury has awarded Li Chen and Peter Xu $5 million in a Boston obstetric malpractice lawsuit against Tufts Medical Center. Xu and Chen’s son Edward Xu, now 9, has a permanent debilitating syndrome that makes it impossible to digest food. He can only be fed via a tube in his chest for hours at a time. (The verdict actually was $24.4 million but because of a prior agreement made by the parties, Edward’s family is getting $5.3 million.)

The couple claims that their son’s condition-part of his intestines had to be taken out- is a result of the hospital’s failure to respond appropriately to his symptoms after he was born prematurely and they took too long to diagnose his condition. The hospital, however, disagrees and says that the care team did everything they could, including providing the applicable standard of care. The Boston Herald says that medical expenses for Edward’s care is over $2,000 a week.

Boston Medical Malpractice
Medical professionals are supposed to provide proper prenatal and postnatal care, in addition to proper care during delivery. When failure to provide such care causes a child to sustain serious health issues or injuries, this can be grounds for a Boston medical malpractice case.

Doctors, obstetricians, and nurses need to be very mindful of babies born prematurely, who may already be at risk of: breathing problems, heart issues, brain complications, temperature control issues, gastrointestinal problems, blood issues, metabolism problems, immune system issues, impaired cognitive development, Cerebral palsy, vision difficulties, hearing issues, dental problems, psychological issues, behavioral problems, and chronic health issues. Proper monitoring of both infant and mother before, during, and after delivery are important so that any warning signs of problems can be identified and treated immediately to prevent long-term complications.

Even babies carried to term can end up with serious injuries or health issues if they don’t get the proper medical care or a medical mistake happens: shoulder dystocia, eclampsia, uterine abruption, persistent pulmonary hypertension, placental abruption, macrosomia, and hypoxic ischemic encephalopathy.

Family to receive at least $5m in suit against Tufts Medical Center, Boston Globe, November 22, 2013
Jury awards $24.4M to parents of Tufts patient, Boston Herald, November 22, 2013

More Blog Posts:
The Dangers of Robotic Surgery, Boston Injury Lawyer Blog, November 22, 2013

Medford Doctor Accused of Massachusetts Medical Negligence Gets License Suspension, Boston Injury Lawyer Blog, November 14, 2013

Mirena IUD Lawsuits Continue to Make Their Way into the Courts, Massachusetts Drug Injury Lawyers Blog, November 13, 2013 Continue reading

November 22, 2013

Fall River Man Settles Somerset, MA Personal Injury Lawsuit Over Flag Football Stabbing

by Altman & Altman

James Hilario, a Fall River man, has settled his Massachusetts personal injury lawsuit against the Teamworks indoor facility for $325,000. Hilario got hurt in June 2010 while playing flag football for his local team the Fall River Beavers during a game against another team, the Taunton Terrors.

According to Hilario’s Somerset, MA premises liability lawsuit, the 50,000 square ft. facility did not provide proper security (including failed to put in place/execute security the necessary safety policies), and should have previously banned Taunton player Justin Farland from the venue. Farland is the man convicted in Hilario’s stabbing.

Previous to the incident, Teamworks reportedly had been monitoring the Taunton Terrors after others accused the team of making violent threats to other teams. The facility reportedly had been thinking of banning the team from playing there.

November 22, 2013

Small Plane Crash in Marshfield

by Altman & Altman

A plane crash in Marshfield injured one person last week. According to the Boston Globe, the small plane crashed into the woods near Marshfield Municipal Airport. The wreck caused a small fire too. Only the pilot was aboard the plane, and he sustained injuries. The small aircraft was a Maule M-5. The plane left the George Hollowfield Airport and was returning to land when it crashed into a tree.

Although small plane crashes rarely make the news, they do happen. There aren’t as many injuries and fatalities involved in small plane crashes, but people are still getting hurt. There are a variety of factors that contribute to why small planes crash. Listed below are a few statistics for plane crashes in 2010.

2010 Plane Crash Statistics

• 1,500 total civil aviation accidents occurred.
• Those incidents involved 1,520 U.S. registered aircraft.
• 275 of those accidents were fatal (18 percent.)
• General aviation accounted for almost 96 percent of total accidents and about 97 percent of fatal accidents.

Independent Federal Agency Study by the National Transportation Safety Board (NTSB)
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November 22, 2013

The Dangers of Robotic Surgery

by Altman & Altman

With the recent advances in medical technology, more people are going under the ‘robotic knife.’ Robotic surgeries are becoming a popular alternative to traditional surgeries, but they’re not without risks. Any time new technology is introduced into the medical field, there can be serious glitches involved. The Wall Street Journal recently published an article about the dangers and risks involved with robotic surgeries.

The Increase in Robotic Surgeries

• In 2000, only 1,000 robotic surgeries were performed, worldwide.
• In 2011, 360,000 robotic surgeries were performed.
• In 2012, 450,000 were performed.

Poor Standardization and Evaluation May Lead to User Error

Unfortunately, there hasn’t been much in the way of rigorous standardization or evaluation of doctors who are currently utilizing robotic technology for surgeries. This means that user errors are likely to occur with inexperienced doctors. It’s absolutely critical that a surgeon be well trained in the use of robotic surgical tools prior to working on patients. It’s always a good idea to ask one’s doctor about experience in a particular technique prior to undergoing a surgical procedure.
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November 22, 2013

Brain Injury Association of Massachusetts Celebrates 30 Years

by Altman & Altman

The Brain Injury Association of Massachusetts (BIA-MA) has recently celebrated 30 years of helping victims of brain injuries. The initial chapter of the BIA-MA was started in Framingham, Massachusetts by concerned parents of children who suffered from head injuries. At the time, the community wasn’t ready to handle or equipped to serve individuals with brain injuries. There is now a Brain Injury Association of America with chapters in more than 40 states.

BIA-MA: Just the Facts

• The BIA-MA helps more than 60,000 kids, teens and adults in the Commonwealth.
• They offer 34 support groups for family members, survivors and caregivers.
• They also work with communities and justice officials to help promote safety and awareness for risk-taking behaviors involved with first-time offenders who have suffered from traumatic brain injuries (TBI’s).
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November 20, 2013

House Fire in Watertown Displaces Two

by Altman & Altman

WHDH News Channel Seven reported on a residential fire that happened last Thursday evening, November 14th. The fire started at a Watertown house on Galen Street. Firefighters were working well into the night to extinguish the hot spots. According to the fire chief, the flames apparently started on the ground floor and then moved upstairs. At least two people were displaced due to the fire, and WHDH reports that everybody got out alive. There is no word on the cause of the fire or the extent of property damage and injuries involved. This fire is still under investigation.

According to the Watertown Patch, there were multiple units inferring this was a rental property. In cases where a renter gets injured at home, the owner may be held liable for personal injury expenses. These include but are not limited to medical care, compensation for damages and lost wages if they neglected to keep the property well maintained. If another person caused the fire he or she could be held responsible for any damages.
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November 18, 2013

Number of Massachusetts Motor Vehicle Crash Fatalities Went Up in 2012

by Altman & Altman

According to the National Highway Traffic Safety Administration, there were 374 Massachusetts motor vehicle crash deaths in 2012-alcohol was a factor in 126 of them. These figures are a slight increase 2011 when there were 349 Massachusetts traffic fatalities.

At Altman & Altman, LLP our Boston injury lawyers handle claims and lawsuits by the victims (or families) of those injured or killed in a Massachusetts traffic crashes. We handle cases involving motorcycle accidents, truck collision, bicycle accidents, pedestrian accidents, and other type of motor vehicle collisions.

When a Massachusetts motor vehicle crash happens-there can be long-term ramifications for the victim and their loved ones. A person who is lucky enough to survive an accident may be left with serious injuries that can render him/her unable to hold a job or lead a normal life. Medical bills can mount and the emotional toll may be high not just for the victim but his/her loved ones and friends. Some injuries are so serious that 24-hour professional care may be required for life.

Many Massachusetts traffic accidents could/should have been prevented if only the party had not been negligent. Our Boston personal injury attorneys have gone after negligent drivers, automakers, municipalities that failed to properly maintain a roadway, and others on behalf of our clients and their families.

The Rise in Massachusetts Traffic Deaths Mirrors National Statistics
NHTSA provided not just state statistics but also national ones. 33,561 people died in US traffic incidents in 2012, which is up from the 32,479 deaths from the year before. This is the first time in six years that the number of US traffic fatalities have gone up instead of down.

Also, there were 2,362,000 traffic crash injuries, which is an increase from the 2.2 million victims that were injured in 2012. The number of alcohol-impaired driving deaths also went up by 4.6% from 2011. Fortunately, the number of deadly crashes involving young drivers continued to drop.

NHTSA Data Confirms Traffic Fatalities Increased In 2012, NHTSA, November 14, 2013

2012 Motor Vehicle Crashes: Overview, NHTSA, November 2013 (PDF)

More Blog Posts:
Massachusetts Wrongful Death Settled Reached in 2008 Foxboro Car Crash After Gillette Stadium Concert, Boston Injury Lawyer Blog, November 5, 2013
Halloween is The “Deadliest” Night of the Year for Child Pedestrian Accidents, Boston Injury Lawyer Blog, October 31, 2013
Haverhill Death Highlights Importance of Pedestrian Safety, Boston Car Accident Lawyer Blog, November 20, 2013 Continue reading

November 15, 2013

Workplace Injuries in Massachusetts: What are Your Benefits?

by Altman & Altman

Work injuries can be devastating for individuals and families. Getting workers’ compensation benefits after an injury can be a difficult task too. Even with workers’ compensation benefits, some victims may not be fully compensated for their financial, personal and professional hardships. It’s especially important to get full compensation for work injuries that leave victims permanently disfigured or disabled. Workers who have suffered from traumatic brain injuries may be facing a long and uncertain road to recovery where lost wages, medical bills and physical therapy expenses put a financial strain on an individual and their family members.
All About Workers’ Compensation in Massachusetts In Massachusetts, workers’ compensation benefits typically cover medical costs, disability payments and up to 60 percent of your average income. In cases of severe work injury, it may be possible to get more than 60 percent of your average income.
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