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.

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:

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.jpgProduct 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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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

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.

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