Boston Injury Lawyer Blog

October 11, 2013

Holyoke, Massachusetts Family Settles Wrongful Death Lawsuit Against Fraternity

The family of Nicholas Grass has reached a wrongful death settlement with the Delta Kappa Epsilon Fraternity over the tragic traffic accident that claimed the life of s Yale University student in 2003. Grass, 19, was one of nine people riding in an SUV after an event hosted by the fraternity when the driver of the sport utility vehicle, also a fraternity member and a Yale student, purportedly fell asleep at the wheel, causing the car to crash into a large truck that had been involved in an earlier collision.

It is believed that the driver, Sean Fenton, was sleep deprived from “hell week,” an annual event that involves the alleged hazing of fraternity pledges. However, lawyers for Delta Kappa Epsilon have argued that the fraternity shouldn’t be held liable because it could not have predicted the “unfortunate events” leading to the deadly collision.

Fenton, 20, also was killed in the truck crash, along with two others. Five other Yale students sustained injuries in the motor vehicle collision.

October 10, 2013

Emerson College Vows to Improve Investigating Sexual Assault Cases in Wake of Federal Complaint

by Altman & Altman

Emerson College has promised to improve its investigation of campus sexual assaults after a group of students filed a complaint with the federal government against the school.

The complaint was filed last week with the U.S. Department of Education’s Office for Civil Rights. Two of the complainants, sophomore Sarah Tedesco, 19, and junior Jillian Doherty had alleged that Emerson had downplayed and failed to fully investigate at least two separate sexual assault incidents. The complainants also alleged that Emerson violated their rights under Title IX and the Clery Act which states that:

If a school or its employees knows or reasonably should know about sexual harassment (including sexual violence), the school must take immediate action to eliminate the sexual harassment, prevent its recurrence, and address its effects, even if the victim does not want to file a complaint.

Last October, Tedesco had been drugged and assaulted by an MIT student during an off-campus party. Though Tedesco had been hospitalized, Emerson administrators had discouraged Tedesco from talking to police and stated that they would handle the case through their own judicial system.

But Tedesco is now alleging that her school mishandled her case, closing it after several months because according to administrators, “it did not warrant a hearing.” In a second, separate incident, in which Tedesco was assaulted, Tedesco reported the incident to school administrators who again downplayed her complaint. According to Tedesco, her attackers still remain at their respective schools and have yet to face any judicial punishment.

Both Tedesco and Doherty said that filing the complaint was made in an effort pursue changes within the school’s procedures for handling assault cases; not just because of their experiences, but for the sake of all present and future victims of sex crimes.

In response to the complaint, Emerson president, M. Lee Pelton, said a number of steps, including the hiring of a “sexual assault advocate” to support sexual assault victims as well as the establishment of preventative programs, will be taken to properly handle and prevent future similar incidents.

While sexual abuse is a serious crime typically handled by law enforcement, what many victims do not know is that they may also be eligible to file a civil claim against the perpetrator or institution employing the perpetrator. In this case, both schools in which the alleged attackers are enrolled had the responsibility to thoroughly investigate the incidents and administer the necessary disciplinary action.
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October 3, 2013

City of Springfield Reaches $650K Agreement after Natural Gas Explosion

by Altman & Altman

The mayor of Springfield has confirmed that the city has settled with Columbia Gas following a natural gas explosion that destroyed a gentlemen’s club and other buildings in the city’s downtown entertainment district, last November.

Columbia Gas utility workers had been surveying gas lines on November 23, 2012, after responding to reports of a strong gas odor near Score’s strip club, located at 453 Worthington Street. A worker using a probe to search for the source of the odor accidentally ruptured a gas line, triggering a massive explosion that leveled the strip club, shattered building windows, and seriously damaged three dozen nearby buildings, including 100 residential units. While there were no fatalities, more than 20 people suffered injuries, and dozens of residents were displaced as a result of the blast.

The $650,000 settlement represents compensation for the property damage, call back costs for injured personnel, and other related expenses. The settlement does not include repayments for open claims for wages and medical bills; those cases are being handled on a case-by-case basis. Stephen Bryant, president of Columbia Gas of Massachusetts, said that the utility company had settled the vast majority of claims, paying out millions to explosion victims.

Gas explosions occur for a number of reasons-from faulty equipment, gas leaks, or in this case a sudden break in the gas line. Explosions take place in a variety of settings, but most commonly occur on job sites, as a result of improper storage of gasses, worker negligence, or unsafe working environments.

While thankfully there were no fatal injuries during this explosion that is not always the case.
Often explosions of this magnitude result in severe and debilitating injuries, and even death. People who witness an explosion may be severely injured by flying debris, high impact, heat and smoke, or chemical inhalation. Often victims of explosions must undergo costly medical care to treat their injuries; which may lead to extensive medical bills as well as pain and suffering. Property owners, manufacturers, employers, or other individuals who caused the explosion may be held liable for any damages or injuries to other individuals, and victims may eligible for compensation. In this instance the gas utility company, Columbia Gas, is ultimately responsible for any injuries and damages to property that resulted from the explosion.
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October 1, 2013

Vanderbilt University Medical Center Sued in Whistleblower Lawsuit Alleging Medicare Fraud

by Altman & Altman

Three doctors are suing Vanderbilt University Medical Center for Medicare fraud. They submitted their whistleblower lawsuit under the False Claims Act’s qui tam provision.

The plaintiffs, all ex-VUMC anesthesiologists, are accusing the medical center of taking part in a scam involving the use of its medical practices to maximize income through the submission of false claims to state and federal health insurance programs, even though it knew that the doctor services they were billing for did not satisfy Medicare’s terms for these services. The Mediare fraud lawsuit contends that these false billing practices went on for over 10 years.

Federal law only lets hospitals bill Medicare and state insurance programs for “teaching physician services” if the teaching doctor was there during key portions of the procedure. During surgeries, the teaching physicians has to be there for the “critical” moments, as well as easily and immediately available in the event that his/her services are required at any other time during the procedures.

September 26, 2013

18-Year-Old Injured in Fall Accident Through Skylight in Fraternity House at MIT

by Altman & Altman

According to Boston Fire Department officials, an 18-year-old man sustained injuries when he fell through the skylight of the Phi Sigma Kappa fraternity at MIT. The drop to the first-floor staircase where he landed four stories. Police say that the man suffered injuries.

Since the Cambridge, Massachusetts fall accident, there have been reports that the man may have been jumping on the Plexiglas dome over the skylight when he fell through. However, the fraternity received a citation for its “illegal rooftop deck.” According to one fraternity news site, MIT’s Phi Sigma Kappa has advertised parties on that deck before.

Fall Accidents

September 23, 2013

Telephone Consumer Protection Act Allows Recipients of Harassing and Unsolicited Calls to Collect Monetary Compensation

by Altman & Altman

Americans are flooded with calls from telemarketers every day. While many people dismiss these calls as an annoyance, a provision is encouraging consumers to report these calls in exchange for monetary compensation.

The Telephone Consumer Protection Act (TCPA) was established in 1991 in response to an overwhelming number of consumer complaints to deter unsolicited telemarketing calls to landlines and cellular phones without express consent from a consumer. In accordance with the TCPA, consumers who receive these types of calls may be entitled to collect damages ranging from $500 to $1,500 for each unlawful call, fax, or text message. The federal law helps to govern the conduct of telemarketers and debt collectors by prohibiting:

• Automatic, artificial, or pre-recorded voice messages without prior express consent, to any emergency telephone line, hospital patient, pager, cellular phone, or other service for which the receiver is charged for the call.
• Artificial or pre-recorded voice messages to residential telephone lines without prior express consent.
• Unsolicited advertisements to fax machines of individuals who have no prior existing business relationship (i.e.; junk faxes).
• Automatic telephone dialing systems to engage two or more of a business’ telephone lines simultaneously.
• Making any telemarketing call to any residential subscriber who has registered her number on the national or company-specific “Do-Not-Call” list.
• Sending unwanted business advertisement via text message to your cellular telephone.
• Making any telemarketing call that is not within the hours of 8 a.m. and 9 p.m.
• Unlicensed debt collector calls.

A consumer is unlikely to know whether a call to his or her cellular phone was initiated using an auto dialer-auto dialed calls often sound like any other phone call. However, calls made with auto dialers often are met with static air for a number of seconds after a call is answered and are typically accompanied by an audible click. It is important as a consumer to keep in mind that in order for a debt collector or telemarketer to maintain volume operation, they must make thousands of telephone calls each day. Therefore, if you are receiving phone calls from a debt collector or a telemarketer, it is quite possible that he or she is already violating the TCPA.
If you have previously provided your cell phone number to a bank or debt collector, you may always revoke consent.
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September 21, 2013

Whistleblower Lawsuit Accuses Quest Diagnostics of Bilking Medicaid Program

by Altman & Altman

According to a whistleblower lawsuit, Quest Diagnostics and Laboratory Corporation of America Holdings committed Medicaid fraud by billing the program in Virginia a higher rate than other customers. Quest is the largest operator of medical labs in the United States.

Hunter Laboratories LLC and its CEO Chris Riedel submitted the whistleblower complaint. They contend that the two companies submitted false claims for payment of laboratory tests that were Medicaid covered by falsely presenting that the fees charged were not any higher than the maximum payable under regulations in Virginia, where the program was located. The plaintiffs claim that Quest billed Medicaid up to $10.42 for an automated hemogram, even though others were billed as little as $1.42 for the common blood test.

The Medicare fraud lawsuit is accusing LabCorp. of billing Medicaid fees way over what Premier Inc. purchasing collective members were charged. Riedel and Hunter have also filed fraud claims against the two companies in Georgia.

September 19, 2013

Boston Dangerous Drug Lawsuit Over Meningitis Outbreak Linked to Massachusetts Compound Pharmacy Proceeds

by Altman & Altman

A multi-party lawsuit against the New England Compounding Center for the drug injuries and deaths of people who received contaminated steroid injections is proceeding. Named among them are NECC owners Greg Conigliaro, Lisa Cadden, and Barry Cadden. Products liability lawyers are attempting to add more defendants, including the maintenance company that was tasked with cleaning the facility where the compounding pharmacy was located and a number of pain clinics where the tainted injection was administered.

Hundreds of patients in at last 23 states were exposed to fungal meningitis via the shots, which contained black mold, and over 60 people died from related complications. The defective drug came from NECC, which is a compounding pharmacy in Framingham, Massachusetts that has since been shut down. It also is seeking bankruptcy protection.

In one fungal meningitis lawsuit related to this particular contamination outbreak, one woman isn’t suing NECC but instead is going after its sister companies, which share ownership and other ties with it:

September 16, 2013

Millions of Dehumidifiers Recalled Because of Fire Hazard

by Altman & Altman

More than 2 million dehumidifiers have been recalled throughout the United States and Canada after reports have surfaced of fires and property damage caused by certain models produced by Gree Electric Appliances.

According to the United States Consumer Product Safety Commission, 12 brands of humidifiers, all manufactured by Gree Electric Appliances of China, were voluntarily recalled because of their potential to overheat, smoke, and/or catch fire. Thus far, the CPSC has estimated there has been about $2M in property damage caused by these dehumidifiers.

The models involved in the recall include 20-, 25-, 30-, 40-, 50-, 65-, and 70-pint dehumidifiers with the brand names Danby, De’Longhi, Fedders, Fellini, Frigidaire, Gree, Kenmore, Norpole, Premiere, Seabreeze, Soleus Air, and SuperClima. An estimated total of 2.2 million dehumidifiers were sold to consumers in the United States, and approximately 52,500 were sold in Canada. Consumers who own any of these models have been advised by Gree and the CPSC to immediately turn off and unplug the appliance and contact Gree for a full refund.

Fire%20Damage1LARGE.jpg Product manufacturers, designers, distributors, wholesalers, and sellers are liable for making sure that their consumer products are not only manufactured correctly, but are safe for consumption or use. The scope of those injured or killed by consumer products is overwhelming; and the CPSC estimates that tens of thousands of people fall victim to various types of faulty consumer products each year-from children’s toys to automobiles to household appliances. When merchants fail to fulfill this obligation, and someone is seriously injured or is killed, the injured victims and their family members are entitled to file a claim against responsible parties.

There are three kinds of product defects covered under products liability law including flawed product design, manufacturing process error, and lastly, marketing defects. A design defect is a defect that is inherent to the product itself, which makes the product unsafe for its intended use. Though the product may have been produced and marketed the way it was intended, it may have been designed improperly. In most instances with these types of cases, the manufacturer could have potentially used a safer design to avoid any foreseeable risks associated with the product. In the instance with Gree Electric, Gree ultimately bares the responsibility for manufacturing and selling a flawed product. Their product is a fire hazard and is prone to cause serious property damage, personal injury, or death.
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September 13, 2013

Massachusetts Parents Settle Wrongful Death Lawsuit Over Fatal UConn Bus Accident for $5.5 Million

by Altman & Altman

The parents of David Plamondon have settled their wrongful death lawsuit with the University of Connecticut for $5.5 million. Linda and George Plamondon, who are from Westminster, Massachusetts, sued the school shortly after their 20-year-old son was struck by a campus shuttle bus while in a campus crosswalk in 2011. The driver of the bus, Lucasz Gilewski, also was a student. He who would go on to plead no contest to the criminal charge of negligent homicide and serve time in probation.

David sustained fatal injuries after he was run over by the bus’ tires. His parents contended that Gilewski, who police say was driving under the speed limit but wasn’t looking at the road when he hit David, was reckless and careless. The Plamondons are blaming the state for Gilewksi’s misconduct and they asked that UConn stop employing students as shuttle bus drivers. This hiring practice continues to this day. The Plamondons believe that David’s death could have been prevented.

Campus Negligence