Tragedy struck the sports world yet again this weekend, as another fan fell to his death while leaving a football stadium in California.

The man, whose name has not yet been released, fell on Sunday afternoon from the elevated Jamestown walkway that travels around Candlestick Park, where the San Francisco 49ers and Green Bay Packers were playing.

Off-duty paramedics and police offers tried to help the man, but the man had already passed. Initial eyewitness reports indicated that the man was intoxicated at the time of the incident, though investigators are still trying to determine what caused the man to fall.

1033829_baseball_park_fans.jpgFan safety has been a very important topic in professional sports, as fan injuries have become more and more prevalent at sports stadiums. Also this weekend, some rowdy fans from the University of Maryland were injured after a section of bleachers collapsed at Ludwig Field during a soccer match against Duke. Last month a 30-year old Atlanta Braves fan died during a baseball game at Turner Field when he fell nearly 70 feet from the upper viewing deck.

Premises Liability Cases

When incidents like this occur, the first questions people usually ask are “Why did this happen?” and “Who is responsible?” People are also concerned about how the incident could have been prevented and how future similar incidents could be prevented. Referring back to an earlier blog we posted about fan injuries in stadiums, there are several things that can explain the legal responsibility a stadium owner has to a fan that has been injured while at the vicinity.

Owners and managing companies of these large stadiums are fully aware of the types of risks posed to individuals who visit their establishments, and often tickets to sporting events or concerts are printed with a disclaimer and assumption of potential risk statement. These statements essentially mean that by purchasing the ticket, the guest understands the risk for injury and assumes responsibility should he or she be injured at the stadium. The statements also relieve the stadium’s owners or managers from assuming legal liability for the injured person.
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An Ayer, MA woman agreed to a $9.5M settlement in a medical malpractice lawsuit against doctors at Emerson Hospital in Concord, after she contracted a flesh-eating infection and had all her limbs amputated six years ago.

Monica Sprague Jorge, 41, contracted the rare and often fatal flesh-eating bacteria after giving birth to her second child via cesarean section on August 9, 2007. The infection, known as necrotizing fasciitis, is a disease that starts in the tissue just below the skin and spreads along the flat layers of tissue between separate layers of soft tissue, such as muscle and fat. The bacteria produce toxins that destroy tissue.

criminal-defense.jpgIn her lawsuit, Jorge and her attorney Clyde D. Bergstresser alleged that medical professionals at Emerson Hospital failed to review Jorge’s pertinent history, appropriately monitor and report vital signs, appropriately examine Jorge’s wound post C-section, and appropriately report the seriousness of the patient’s condition, which thus led to Jorge needing all limbs be amputated. Bergstresser also cited in Jorge’s lawsuit that Jorge had to have over 40 intensive surgeries, including the removal of some of her internal organs. She had to have her uterus, ovaries, gallbladder, and part of her colon removed in addition to both of her arms and legs, removed.

The lawsuit, which was filed in 2009, named Drs. Timothy Hale, Charles Hardin, Jay Hendelman, and Benjamin Raby, the Kramer OB-GYN associates, and nurses Mary Conway, Amy Gabale, Rita Pomeroy, Helen Farrah, and Ronda Forand as responsible parties in the incident. In exchange for the settlement, Jorge agreed to dismiss the lawsuit.

The multi-million dollar settlement will be used to pay all medical bills and expenses associated with Jorge’s recovery, Jorge’s lawyer fees, a 31-year structured settlement, as well as two irrevocable trust funds set up for Jorge’s two daughters.
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Officials at Catholic Medical Center in Manchester, New Hampshire, believe as many as eight patients may have been exposed to a life-threatening, dementia-causing disease as a result of unsterilized tools used in their neurosurgery unit.

1334532_ambulance.jpgAccording to the Department of Health and Human Services, a neurosurgical patient treated at the New Hampshire hospital is suspected to have had sporadic Creutzfeldt-Jakob disease (CJD), a degenerative neurological disease caused by a prion, a defective protein. Officials at the hospital believe that the prion may have been transmitted to patients through surgical equipment that was not fully sterilized. During normal sterilization procedures, these prions may not be fully eradicated.

CJD has only been transmitted through surgical procedures four times, and never has this type of incident occurred in the United States. Officials also believe that the disease may have been transmitted to patients in other states, as the surgical equipment that was used, was rented. A spokesperson for the hospital and the director of public health, Dr. Jose Montero, said he believed that the risk for transmission and infection of the disease was minimal, however after extensive investigation, it could not be concluded that there was absolutely no risk for infection.

What is Creutzfeldt-Jakob Disease?

Spontaneous CJD has no known cause, and occurs unexpectedly. It is characterized as a progressive brain and nervous system disease that causes dementia and eventually death. Some of the most common early onset symptoms include personality changes, confusion, memory loss, impaired judgment, loss of muscle coordination, and loss of vision. Unfortunately there is no treatment or cure for CJD.
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According to Massachusetts health officials, hundreds of residents may have been exposed to measles while visiting Massachusetts General Hospital, which is located in Boston, and MetroWest Medical Center in Framingham. The exposures would have taken place at the Boston hospital between 8/17 and 8/23 at the medical walk-in clinic, the ER, or at inpatient spaces and at the Framingham facility between 8/23 and 8/24 also at inpatient areas and the ER.

The infection risk came from two people, a child and an adult, that sought treatment at the hospitals. While most people have received the measles vaccine and are not at risk of contracting measles, pregnant women, young kids, and people whose immune systems are compromised are at risk of developing serious related complications.

Common measles complications may include vomiting, diarrhea, eye infection, inner ear infection, laryngitis, and fever fits. More serious complications, although not as common, can include pneumonia, meningitis, encephalitis, hepatitis, thrombocytopenia, croup, squint, optic neuritis (which can cause blindness), nervous system problems, heart problems, subacute sclerosing panencephalitis of the brain, which may not surface for years after exposure and can be fatal.

A Hingham teenager suffered serious injuries after he was struck by a boat while tubing near the Hingham Yacht Club over Labor Day weekend.

According to investigators, the victim and two other teenagers, all 13-years-old, had been tubing in a designated tubing and waterskiing area between World’s End and the yacht club. The teens were being pulled by a 13-foot Boston Whaler motorboat, operated by a fourth 13-year-old Hingham resident.

file0001437114522.jpgOne of the three teens had apparently fallen off the tube after it passed over the wake, and as the driver went to pick the young man up, he drove toward the tube with two of the teens still on it. The boat struck one of the teens, and continued over him.

The teen was dragged back on board and brought immediately to Hingham Yacht Club where he was then transported to South Shore Hospital and admitted with serious head and arm injuries. Officials, including the Hingham harbormaster, said all the young men were wearing approved personal flotation devices, however the operator of the boat had not completed a Safe Boating Course required for those 12-16 years old to operate a motorboat without being directly supervised by someone 18 years or older.

While inexperience seemed to be the leading cause of this particular recreational boating accident, boating mishaps can happen for many different reasons, and are often the result of careless or reckless operation, inattention, speeding, and alcohol use. Just like driving a car, operating a boat is an important task. Some of the most commonly reported types of accidents include:
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Our Boston injury lawyers represent students that have been the victim of violent crimes at schools, campuses, and related facilities throughout the state. Unfortunately, physical assault, shootings, and sexual assault can happen at institutions of learning. Lone gunmen have even been known to choose schools populated by some of our youngest children. Some violent crime incidents are instigated by teachers or students.

Yesterday, three Somerville High School Junior Varsity boys soccer team were arrested on Massachusetts rape charges over an alleged sex assault at Camp Lenox in Otis. The city of Somerville had rented a facility at the camp to foster team building.

Three teens, all high school juniors, are accused of going into a cabin where freshmen students were staying and assaulting three people. One of the accused, a 17-year-old boy, is charged with multiple sexual assault crimes involving a child younger than age 16. The other two suspects are 16-year-olds, and similar criminal charges against them are expected.

Shands Hospitals will pay $26 million to settle a Medicaid/Medicare fraud case accusing it of admitting patients that didn’t require hospitalization to six of its facilities. A whistleblower claim submitted in 2008 claimed that the company overbilled Medicaid and Medicare with the admissions.

The Medicare/Medicaid fraud lawsuit accuses Shands of billing the two programs for short overnight inpatient admissions instead of outpatient services, which are less costly. The $26 million, however, settles just part of the allegations. Claims that the hospitals turned in fraudulent outpatient service bills are still pending.

The person that brought the whistleblower lawsuit, Terry Myers, was as an independent consultant by Shands to audit its health system billing practices several years ago. Shands said that there was system failure and serious insufficient management oversight to abide by Medicaid/Medicare regulations.

Families for Better Care has issued the first state-by-state nursing home report card of its kind. The non-profit resident advocacy group graded and ranked states according to several federal quality measures. Massachusetts received a “B” rating and was ranked 19 among the states.

Massachusetts related-findings by the group:

• Close to 25% Massachusetts nursing home were determined to be deficient free following inspections.

The woman whose husband suffered a fatal cardiac arrest in the stands during a New England Patriots game is suing the football team, the National Football League, and others for her husband’s Massachusetts wrongful death. Kimberly Chartier claims that her husband, Jeff, went into cardiac distress after an altercation with a security guard at Gillette Stadium.

The plaintiff believes that the guard, Arthur Sherman, behaved inappropriately and had no reason to confront her Jeff, 40, and their son Tedy, 6. She is calling the interactions “antagonistic.”

Chartier contends that the Guard’s behavior and the events involving the interaction are because the other defendants were institutionally negligent and did not properly train or supervise Sherman. The Massachusetts wrongful death case, submitted in Hampden Superior Court, accuses the other defendants of not providing “safe…competent” security at the stadium, not properly coordinating and communicating about security and safety policies, and neglecting to create a safe environment for patrons. She is asking that her husband’s next of kin receive damages for his death, including income, protection, services, assistance, care, society, guidance, companionship, advice, and counsel lost. He also leaves behind their daughter Amber.

A Massachusetts man and his young niece were hurt Sunday afternoon when a jet ski they were riding on in Lake Winnipesaukee, New Hampshire, blew apart.

According to Marine Patrol, who responded to the incident, the man broke his pelvis and the child, 8, suffered a laceration to her head. Both victims were taken to an area hospital for treatment. Marine Patrol officials are still investigating what may have caused the incident with the watercraft, but were able to put the jet ski back together when they arrived on scene.

jetski.jpgWatercraft and motorboat incidents happen all the time for a variety of reasons. While human error is usually to blame, people do not often think about the mechanical dangers of watercraft and boats, and often these mechanical failures blindside victims. What may start out as a fun day out on the water, can end in tragedy. When a jet ski accident does occur, the machine itself must be thoroughly inspected. Investigators often cite mechanical errors, design flaws, or other safety malfunctions as the causes of many of these types of crashes. Some of these types of safety issues may include complications with the propeller, gross overpowering or issues with the throttle, as well as issues with the fuel line.

Common Injuries Resulting from Jet Ski Accident

The most common types of injuries include:

• Broken bones • Brain injuries • Burns • Damaged ear drums • Dislocations • Serious neck and back injuries
• Spinal cord injuries
Who Is Responsible for My Injuries?

If you were involved in any type of watercraft incident, whether it was a motorboat accident or jet-ski accident, and you believe it was the result of defective design or malfunction, you may be eligible for compensation. Product manufacturers, distributors, wholesalers, and private sellers are supposed to guarantee that the products they are selling are safe for consumers’ use. When they fail to fulfill their obligations, and consumers are seriously injured or killed as a result of this failure, the injured victim and his or her family may file for damages against the liable party or parties.
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