Boston Injury Lawyer Blog

August 28, 2013

Shands Hospital to Pay $26M to Settle Medicare Fraud Case Brought by Whistleblower

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.

August 24, 2013

Massachusetts Nursing Homes Get “B” Rating from Advocacy Group

by Altman & Altman

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.

August 21, 2013

Widow Files $10M Massachusetts Wrongful Death Lawsuit Against the New England Patriots

by Altman & Altman

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.

August 19, 2013

Massachusetts Man and Child Injured After Jet Ski Blows Apart on New Hampshire Lake

by Altman & Altman

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.

Watercraft 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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August 16, 2013

7-Month-Old Boy Dies After Ingesting Laundry Detergent Pod

by Altman & Altman

Several months ago, our Boston injury lawyer blog posted a story about a recent alert put out about by the Consumer Product Safety Commission warning that single-load liquid laundry packets are toxic for kids-especially because their gel-like tiny packets tend to be soft and colorful, making them attractive to young children, who tend to be easily prone to putting tiny objects in their mouth.

Now comes a report that a 7-month-old boy has died after eating one of these laundry packets and an investigation into the incident is ongoing. According to the Orlando Sentinel, the ingestion accident took place in a battered women’s shelter. It is not known at this time whether ingestion of the detergent caused the baby’s death. If it is, this would be the first reported poisoning death involving these pods.

The American Association of Poison Control reports that already this year there have been 5,753 kids under the age of sick that have gotten sick from ingesting laundry detergent packets. The pods are the right size for putting in the mouth and can puncture easily, potentially causing serious side effects even if the detergent just makes contact with the eyes or skin. Serious side effects have included vomiting, breathing problems, drowsiness, eye irritation, temporary vision, ocular burns, and diarrhea. Many of the laundry detergent brands that make these detergent pods don’t package them in childproof containers, which means that if a child gets to one of these containers while unsupervised, he/she can easily open one up and touch the pods and/or put it in the mouth, thinking it is a toy, candy, or an object to teeth on.

August 15, 2013

When Hosting a Party, Remember to Serve Responsibly

by Altman & Altman

With summer still in full force, we would like to remind you to be responsible when hosting get-togethers this season. Whether you’re hosting a graduation party, barbeque, or any kind of social get-together where alcohol is being served, you bare a huge responsibility to your guests and their safety.

Massachusetts Social Host Liability Law is an extremely important subject, because what many people do not realize is that the actions of their guests, even after a guest has left the party, may fall under the responsibility of the host.

What is Massachusetts Social Host Liability Law?

In Massachusetts, a social host is anyone who provides alcohol to a guest, as an act of hospitality without exchanging money. A social host is also considered someone who not only provides alcohol for his or her guests, but allows a guest to consume alcohol on his or her property. While the property that is involved is usually someone’s home, properties can also include beach property, rental property, and even boats-essentially any property that a host owns or controls. Under Massachusetts law, by furnishing alcohol and permitting guests to consume it on his or her property, the host assumes liability. Hosts are not always adults, and can include minors as well.

According to Massachusetts Social Host Liability Law, liability includes all injuries caused by alcohol by both the person who caused the accident as well as the person who served the alcohol. The most common type of accident is drunk driving. According to the Massachusetts judicial system hosts are responsible for making sure their guests do not consume alcohol to the point of intoxication. For example, if you host a party and one of your guests is over-served and winds up injuring another person as a result of drunk driving, not only is he at fault, but you are responsible as well.

Social Host Liability Law and Minors

Massachusetts is very clear about laws on underage drinking. Anyone under the age of 21 is not allowed to consume alcohol. Period. As a parent, it may be tempting to allow your underage son or daughter to have friends over for a party, especially during prom or graduation season, or if your son or daughter is home from college. Taking the keys and requiring guests to sleepover is not the way to prevent minors from getting hurt because of alcohol. Even if a minor injures him or herself without driving, you are still responsible for providing a place to consume alcohol, condoning its consumption, and supplying the beverages. Under Massachusetts General Laws, Chapter 138, Section 34, any person who supplies alcohol to a person under 21 is subject to a $2,000 fine and faces up to a year of imprisonment.

A common concern many parents with teenagers have is what to do if their underage child has a party while they’re not at home. There is potential that the parents can be held responsible, whether or not a guest is injured. However, Massachusetts law does not attach civil liability if the parents of the accused minor did not supply the alcohol that was consumed. Simply put, a parent who supplied the alcohol that was consumed at the underage party is liable, whether knowingly or unknowingly, is responsible. However a parent who did not supply the alcohol at the party (if for instance the minors brought his/her own alcohol), and had no knowledge of the party, would not be held liable. Another issue to be aware of is that you may be civilly liable if your underage child drinks at another person’s house and then injures someone, under the circumstance that you previously gave either explicit or tacit permission for them to consume
alcohol at someone else’s party.
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August 13, 2013

Baseball Fan Dies after Fall at Georgia Stadium

by Altman & Altman

A baseball fan died last night after falling nearly 70 feet from the upper-deck at Turner Field in Atlanta.

The incident involving a 30-year old Georgia man occurred around 8:55 p.m. Monday night. Investigators are unsure of why the man fell but believe that the fall was accidental. They have not said whether alcohol was a factor in the fall.

This is the second death at a Georgia sports stadium since last year. Last August a Tennessee fan died after he fell 45 feet at the Georgia Dome during a college football game between Tennessee and North Carolina State.

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.

In addition to the disclaimer on tickets, venues that regularly host sporting events are outfitted with protective equipment to prevent spectator injury. At Fenway Park for example, there is a protective net behind home plate and surrounding sections to protect fans from wild pitches and foul balls. And at the Bruin’s home ice rink at the TD Garden, there is protective glass as well as netting surrounding the ice to shield spectators from flying hockey pucks.
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August 7, 2013

Towns of Carlisle and Concord Sued for Massachusetts Personal Injury Over Alleged Bullying

by Altman & Altman

An ex- Concord-Carlisle High School student is suing the Concord-Carlisle School District and the towns of Concord and Carlisle for Massachusetts personal injury. Isabella Hankey filed a federal lawsuit claiming she was bullied for close to two years. Also named as defendants are Superintendent Diana Rigby, Assistant Principal Alan Weinstein, and Principal Peter Badalament. The 18-year-old is seeking $2 million.

Hankey contends that school officials were notified about the bullying incidents but that they did not act to effectively handle the matter, which only exacerbated the situation. She says that her car was vandalized multiple times, including in the school parking lot, with slurs keyed into her vehicle and feces smeared on the car’s exterior. Death threats against her in the form of graffiti were written on bathroom walls.

Hankey claims that rather than help her the school tried to destroy the bullying evidence by trying to scrub the writing off the walls. Meantime, the school principal allegedly did not respond to emails and phone calls.

July 31, 2013

Beverly, MA Widow Files Wrongful Death Lawsuit Against USA Triathlon

by Altman & Altman

Cheryl Angelo is suing USA Triathlon in her husband’s drowning death. Richard Angelo, 53, died last summer while taking part in the event in Vermont. Now, Cheryl is seeking $1 million from the organizers of the event.

According to her wrongful death complaint, Richard went into medical distress while swimming at the event, which took place in Lake Champlain in Vermont on August 18, 2012. He was taken to the hospital after rescue crews discovered him in the water. An autopsy report states that the 53-year-old drowned.

Now, Cheryl is contending that USA Triathlon was negligent in how it ran the athletic event, did not properly supervise the swim, and lacked sufficient lifeguards, trained staff or adequate lifesaving equipment. She says that her husband was seen going off course during the event and while rescue personnel tried to redirect him, that was all they did.

July 29, 2013

OSHA Orders Massachusetts Trucking Company to Pay Terminated Employee $131,000 in Whistleblower Case

by Altman & Altman

A Marlborough, MA commercial trucking company was ordered to pay more over $131,000 to a driver who was terminated for refusing to drive excess hours that would have violated national safety regulations.

Following an in-depth investigation to the worker’s whistleblower claim, the U.S. Department of Labor’s Occupational Safety and Health Administration determined that Brillo Motor Transportation Incorporated and Brillo’s owner, Chuck Cappello, violated the employee protection provisions of the Surface Transportation Assistance Act. The company had fired a truck driver in December 2010, in retaliation for his refusal to drive a truck from Quincy to Milford, MA, because he had already exceeded the amount of driving hours allowed by the Federal Motor Carrier Safety Administration. Under the FMCSA’s regulations, drivers who have driven 60 hours in a seven-day period must have a minimum of 34 consecutive hours of rest before operating a motor vehicle again.

According to the STAA, an employer may not discriminate, discipline, or discharge an employee if the employee “reused to operate a vehicle because (i) the operation violates a regulation, standard, or order of the United States related to commercial motor vehicle safety, health, or security, or; (ii) the employee has a reasonable apprehension of serious injury to the employee or public because of the vehicle’s hazardous safety or security condition.”

OSHA’s regional administrator for New England stated that “Employers do not have the right to take adverse action against an employee who refuses to violate safety regulations designed to protect him and the public, and such an employer activity places the well-being of employees and the public at risk if it intimidates workers into violating the law.”
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