Boston Injury Lawyer Blog

July 25, 2013

$1.1B Nursing Home Negligence Verdict Issued Against Trans Healthcare Management and Trans Healthcare Inc.

A jury has awarded $1 billion in punitive damages and $110 million in damages to the family of the late Arlene Townsend. The defendants in this nursing home neglect case are Trans Healthcare Inc. and Trans Healthcare Management.

Townsend, was a resident at the Auburndale Oaks Healthcare Center from 2004 until her death there in 2007 at the age of 69. She was involved in more than one nursing home fall during her stay there and r family believes that she was not properly supervised.

The two healthcare companies had stopped participating in the nursing negligence case after arguing that they only ran the facility through September 30, 2004. However, a default judgment was made against them two years ago. Although they sought to have the defaults set aside, a judge refused.

July 23, 2013

FDA Warns Consumers of the Dangers of Wearing Spray Sunscreen Near Open Flame

by Altman & Altman

Spray sunscreens are widely admired for their easy application for people on the go, especially those with small children. Though their convenience may put them in a category above traditional lotion sunscreens, sprays come with a significant safety risk. The Food and Drug Administration has found that many of these products contain flammable materials and have the potential to cause significant burns to consumers who wear them near open flames. To date, the FDA is aware of five separate instances where people have suffered burns while wearing spray sunscreen that were so severe that they required medical attention. All of these victims, according to the FDA, were exposed to some sort of open flame (lighting a cigarette, grilling, and contact with a candle) after the sunscreen had been applied.

One company, Energizer, has voluntarily recalled over 20 of its Banana Boat spray sunscreen products because of this safety concern. In their press release, Energizer stated that the delivery spray system dispenses more sunscreen compared to other similar products and does not dry as fast on the skin, and therefore increases the risk for the product to ignite should a consumer come into contact with a flame. Energizer is currently the only manufacturer who has voluntarily taken its products off the market however the FDA is warning consumers that many other spray sunscreen products contain flammable properties such as alcohols that could ignite if exposed to heat and flame.

According to the FDA, consumers should take the following safety precautions to prevent injury from sunscreen:

• When choosing a sunscreen, think about where you will be applying it. If you plan to be near an open flame, avoid products that have a flammability warning and choose a non-flammable sunscreen product. Be especially aware of what type of sunscreen you’re choosing for your child.
• While applying or wearing a sunscreen that is labeled “Flammable” avoid exposure to flames and do not apply these flammable products near an open flame; avoid lighting cigarettes, grilling, candles, or sparking materials.
Continue reading

July 17, 2013

When Are Stadiums and Arenas Responsible for Injuries to Fans?

by Altman & Altman

Each year millions of Americans go to stadiums to attend sports games, concerts, and other spectator events. While events such as baseball games, hockey games, races, and concerts can be fun and memorable, there are instances when these experiences may turn into dangerous situations and put spectators at risk for serious injury and even death.

Owners and managing companies of these large venues are well aware of the risks posed to visitors of their establishments, and to counter the risk of legal liability for injuries visitors may sustain, most tickets (whether for sports events or other spectator events) are printed with a disclaimer and an assumption of potential risk statement. Essentially these statements waive legal responsibility for the venue, and in purchasing the ticket the patron understands the risk for injury and assumes accountability should he or she be injured during the event.

In addition to the precautionary disclaimer on tickets, venues that regularly host sporting events such as baseballs games or hockey games 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.

Though the ticket disclaimers as well as preventative measures serve to protect venues from legal responsibility should someone be seriously injured, and courts typically disregard personal injury claims because of that rule, there are some exceptions. Personal injury and negligence claims may be filed if an injured party can prove that the owners of the sports stadium or entertainment venue did not take adequate measures to keep them safe. An example of a premises liability situation that does not fall under the “assumption of risk” disclaimer could include a faulty railing or broken steps that cause a fan to fall and become injured because of faulty property maintenance.
Continue reading

July 16, 2013

Brookline Hot Coffee Assault Gives Woman First-Degree Facial Burns

by Altman & Altman

In Brookline, a woman sustained first-degree burns to her face when another woman assaulted her with hot coffee. The incident took place at the HRI hospital cafeteria.

According to the report, Amber Kelly threw the drink at the woman, who is related to the ex-wife of her husband. Kelly is charged with assault and battery with a dangerous weapon, in addition to four other additional warrants.

Massachusetts Personal Injury and Assault

July 15, 2013

Boston Employee Awarded $22,000 after Workplace Safety Whistleblower Case

by Altman & Altman

A hotel management company was recently forced to pay a worker $22,225 in back wages and compensatory damages after he was terminated for voicing workplace safety concerns.

The employee, who worked at the True North Devens Conference Center, filed a whistleblower complaint with OSHA after he was subjected to disciplinary action and later terminated for reporting concerns of workplace safety to his managers in October 2011. Subsequently after the employee filed his claim, OSHA conducted its own investigation of the property and found that superiors had acted unjustly and that there was merit to the employee’s claim.

In response to the investigation, True North agreed to a settlement with the employee by paying back wages and compensatory damages, as well as expunging all disciplinary references and record of termination to the employee’s work file. The company pledged to take corrective action to prevent similar incidents from occurring by agreeing to educate its employees about workplace safety awareness and establishing a policy to protect against employee discrimination when they voice safety concerns. More specifically, True North implemented all of its locations with OSHA posters that outlined whistle-blower facts, and has planned to provide all of its employees with yearly training on whistle-blower rights and employer responsibilities.

Under OSHA law, employers are prohibited from retaliating against employees who raise concerns about their workplace, or who provide protected information to the employer or to the government. The United States government has come to rely heavily upon the help of whistleblowers who are able to provide sensitive information regarding company misconduct.
Most whistleblowers are internal whistleblowers who report misconduct about a coworker or superior within their company. While misconduct can take place in a wide range of settings, some of the more common types of fraud include:

• Pharmaceutical Fraud • Health and Safety Violations • Healthcare and Medicare Fraud • Securities and SEC Fraud • Financial and Bank Fraud Continue reading

July 12, 2013

$34M Medicare Fraud Settlement is Reached with 55 Hospitals, Including Facilities in Boston and Fall River

by Altman & Altman

The US Department of Justice and 55 hospitals have reached a $34M Medicare fraud settlement accusing 55 hospitals in 21 states of engaging in making false claims for kyphoplasty procedures. The allegations were brought under the False Claims Act by whistleblowers, who will receive about $5.5 million from the settlements reached. Two of the hospitals involved are located in Massachusetts. They are the New England Baptist Hospital in Boston and St. Anne’s Hospital in Fall River.

Kyphoplasty is a procedure for treating spinal fractures frequently caused by osteoporosis. It involves using a balloon device to work with the compressed vertebra and then injecting bone cement into the cavity after the balloon is taken out. The treatment usually requires just a few hours of recovery and is generally an outpatient procedure.

According to the government, the hospitals regularly billed Medicare for this minimally invasive procedure on a more expensive, inpatient basis.

July 10, 2013

Asiana Airlines Flight 214 & Alaska Plane Crashes Send Investigators Searching for Answers

by Altman & Altman

The search for answers continue, as the passengers that survived Asiana Airlines Flight 214 when the airplane crashed in Northern California on Saturday go on with their efforts to recover from the physical and/or emotional injuries that they sustained. Two teens were killed and over 180 were injured when the Boeing 777 crash landed on the runway at San Francisco International Airport. An investigation also is underway to determine whether one of the teenagers died not from her plane accident wounds but from being struck by a rescue vehicle.

At Altman & Altman, LLP, our Boston injury lawyers represent victims of plane accidents involving large commercial fights and private aircrafts. We know the devastation that an airplane crash can wreak on the lives of victims and their loved ones, and we are committed to helping our clients recover all that they are owed.

National Transportation Safety Board Chairwoman Deborah Hersman noted that passengers were at first told not to evacuate the plane until 90 seconds after the crash when a flight attendant saw there was a fire. The flight attendants on Flight 214 are being called heroes for their efforts to get everyone off the aircraft. Six of them are still in hospital.

Hersman said that one of the pilots reported being temporarily blinded by a flash of light as the plane approached for landing. The pilot in charge of the aircraft said that he failed to identify that the craft had slowed down a lot, even as he depended on the throttle control to keep the plane at the right speed. Hersman said the decelerated speed was one cause of the Asiana plane crash.

Another aviation incident that has also been in the headlines is the Alaska plane accident that killed all 10 people on board. The de Havilland DHC3 Otter appears to have crashed back down at the airport in Soldotna shortly after take off on Sunday. Two families and pilot Walter Rediske were killed. Unfortunately, there is no flight-data box or video of the plane crashing, so investigators won’t have these pieces of evidence to look to for answers.

Common Causes of Plane Accidents:
• Pilot error • Plane malfunction • In-flight instrument failure • Defective plane part design • Poor weather conditions • Air traffic control errors • Fueling mismanagement • In-flight icing
Asiana Airlines Flight 214 pilots delayed evacuation after San Francisco crash, NTSB says, Chicago Tribune, July 11, 2013

Team investigating Alaska plane crash struggles with few leads, Reuters, July 10, 2013

National Transportation Safety Board

More Blog Posts:
Family of Teen Who Fell from US Airways Jet in a Boston Suburb Files Wrongful Death Lawsuit Against US Airways, Boston Injury Lawyer Blog, November 7, 2012
Two Plymouth Teens Injured in Texting and Driving Crash, Boston Car Accident Lawyer Blog, July 10, 2013

Medford Postal Worker’s Collapse Reminds Outdoor Workers Dangers of Heat Exhaustion, Massachusetts Workers’ Compensation Lawyer Blog, July 8, 2013 Continue reading

July 5, 2013

Extremely Hot Weather Can Play a Part in Boston Injury Cases Involving Nursing Home Patients, Kids, and Athletes

by Altman & Altman

The National Weather Service is reporting that the season’s second heat wave is here. In Eastern Massachusetts, a heat advisory continues today with temperatures in Boston striking 90 degrees as early as mid-morning, possible hitting 96 degrees, with the hot weather expected to continue through the weekend.

When temperatures are this high, it is important to exercise extra vigilance to prevent heat-related injuries and deaths from happening. In certain instances, failure to do so can be grounds for a Boston injury or wrongful death case.

Hyperthermia

July 3, 2013

New England Woman Awarded $43.1 Million Settlement in Products Liability Case against Car Seat Manufacturer

by Altman & Altman

A Vermont woman, who was paralyzed during a car accident six years ago, was awarded $43.1 million by a jury last week in a case against car seat manufacturer, Johnson Controls, Inc.

Dzemilia Heco, 51, was left quadriplegic when the 2000 Dodge Neon she was driving was rear-ended in August, 2007. The driver’s seat, which was manufactured by Johnson Controls, Inc., collapsed, causing Heco to suffer from severe spinal-cord injuries.

Heco’s lawyer, Bob Langdon explained that because of the extent of Heco’s injuries, she will require around-the-clock care for the rest of her life. The jury award included over $600,000 for past medical bills, $26.2 million for anticipated future medical bills and health care expenses, $355,000 for past lost income, $1.2 million for future lost income, and $14.3 million for pain and suffering.

More than 2 million people are injured and over 30,000 people are killed in automobile accidents each year in the United States, according to the National Highway Traffic Safety Administration. Most people do not consider the dangers of driving in automobiles yet defective auto components and parts can play a significant role into the seriousness of injuries during an accident. Because car accidents are so common, car manufacturers have an ethical and legal responsibility to make sure that the cars they manufacture are safe to drive and able to protect drivers and passengers during an accident. When auto manufacturers fail to produce products that meet reasonable safety standards, they may be subject to liability.

Common examples of defective automobile parts may include: seat belt failure, seat back failure, door latch defects, brake defects, occupant ejections, defective airbags and airbag failure, unintended acceleration, SUV rollovers, steering defects, defective tires and tire blow outs, exploding gas tanks, and crushed roofs. One of the largest and widely publicized defective automobile cases involved Toyota Motor Company, when people began reporting their cars accelerating out of control. Though Toyota quickly shifted the blame away from its manufacturing practices, ultimately the company paid out millions of dollars in damages to individuals and their families who had been injured or killed as a result of Toyota’s mistake.
Continue reading

July 1, 2013

Quincy Medical Center Cited for Filthy Conditions and Patient Neglect

by Altman & Altman

The Quincy Medical Center psychiatry unit has been cited after state inspectors found filthy conditions and evidence of patient neglect during a surprise visit last month.

Regulators had received a series of complaints of patients being ignored, left unattended, and being left in bed without bed linens and only wearing hospital gowns, as well as reports of staff members being rude, disrespectful, mean, and abusive toward patients. These reports ultimately prompted investigators to search the unit where they found damaged furniture, missing privacy curtains in patient rooms, dirty floors, and absolutely squalid conditions. In addition, officials found that staff members did not know how to properly use the electronic record system used for maintaining patient records, which ultimately posed a risk of danger to patients being treated within the unit.

In response to the visit, Quincy Medical Center issued a statement acknowledging the unit’s problems and has since terminated several staff members and begun retraining remaining staff. In addition, the hospital’s human right’s officer visited patients every day after the inspection and weekly since then to address any concerns patients had.

This situation is an illustration of many individuals’ worst nightmares when they choose to send loved ones into a nursing center or other type of residential care facility. Many families decide to send a family member into an around-the-clock care facility when the family member can no longer take care of him or herself and needs specialized care. Under Massachusetts Federal laws, nursing home residents have certain rights while living in a nursing home; such as the right to a clean and safe environment, the right to proper medical care and attention, the right to make decisions about their care, how much attention they receive on a daily basis, and ultimately the right to live comfortably and without abuse or neglect. Unfortunately, many nurses and workers at these facilities in Massachusetts do not always honor the rights of the patients they are caring for, and these patients become abused or neglected.
Continue reading