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

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.

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

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

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.

criminal-defense.jpgDzemilia 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.
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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.

file000183094558.jpgRegulators 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.
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A Boston Red Sox fan who was harassed and stabbed by a New York Yankees fan at a restaurant in 2010, has been awarded $4.3 million by a jury.

The New Haven jury reached its verdict on Thursday, siding with the victim Monte Freire, and against the U.S.S. Chowder Pot III. Bartenders apparently ignored warnings by Freire and other guests that the Yankees fan, identified as John Mayor, was harassing patrons and trying to start a fight, and continued to serve Mayor more alcohol.

file0001845566992.jpgFreire, 45, suffered life-altering injuries including a brain injury, stroke, impaired speech and vision, as well as severe scarring when he was stabbed in the neck by Mayor. Mayor was arrested and convicted of assault and is now serving a 10-year prison sentence.

According to the restaurant’s attorney, Jan Trendowski, Chowder Pot plans to appeal the verdict. Trendowski cited that the bartenders were aware that Mayor was being disruptive and a “jerk” to other patrons, but did not decide to cut him off from being served. Mayor had told Freire and his friends that because of their accents, he assumed they were Boston fans, and that the bar was strictly Yankees territory and they were unwelcome there. Mayor allegedly continued to provoke the group of men and subsequently attacked Freire.

Two types of cases are present in this situation: a criminal case against Mayor, and a liquor liability case against the restaurant, U.S.S. Chowder Pot III. Liquor liability or dram shop cases apply to any establishment that sells and serves alcoholic beverages: bars, nightclubs, restaurants, social clubs, country clubs, liquor stores, and even individuals who serve alcohol to guests at a private party. Under Massachusetts law proprietors and social hosts are required to discontinue serving or selling individuals alcohol if they are visibly intoxicated. Those who violate this law are subject to civil liability should the intoxicated person(s) injures himself or another individual.
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A recent article in The New York Times talks about how hand-hygiene can be a challenge for some hospital workers. This is cause for concern, seeing as the number of incidents involving superbugs resistant to drugs is growing in number. While some bugs and infections can’t be prevented, there are those that can be stopped or avoided if only hospital staff had taken the necessary sanitation and precautionary measures. In Massachusetts, if you feel that the infection or affliction you contracted while at a hospital or another medical facility was caused by staff negligence, please contact our Boston medical malpractice law firm right away.

The Centers for Disease Control and Prevention reports that infections acquired at hospitals cause almost 100,000 patient fatalities annually. Some causes of these infections that preventable, aside from poor hand-hygiene (The Times says that studies report that unless they are motivated/encouraged, hospitals workers clean their hands as little as 30% of the time that they engage with patients), include failure to sterilize the patient, not putting on the appropriate sterile gown, hat, mask, and gloves, failure to maintain a clean and sterile environment, failure to sterilize surgical instruments prior to use, not double gloving during surgery, not properly handling or disposing certain needles, laboratory waste, pathology, anatomy, and blood, and failure to recognize/treat signs of infection.

An infection can prove deadly for some patients, especially those that are very young, advanced in age, and/or have compromised immune systems. Unfortunately, ignorance, negligence, understaffing, exhaustion, inexperience, poor training, emergency situation pressures, and inadequate systems and procedures can cause doctors, nurses, and other staff to cut corners or skip key steps that might have prevented an infection and/or death. Hopefully, new federal rules that will cause hospitals to lose Medicare funds should patients contract preventable infections will provide some incentive for change, awareness, and action.

Aaron Hernandez, the New England Patriots tight end, is the defendant of a personal injury lawsuit accusing him of shooting a man in the face at a strip club out of state. The altercation purportedly took place in February 2013 while the two men were riding the same vehicle after visiting the club.

The plaintiff, Alexander Bradley, claims that Hernandez aimed the weapon at him and it went off. As a result, Bradley says, he lost on eye, required facial reconstructive surgery, and sustained damage to his right arm and hand. He contends that Hernandez wasn’t licensed to carry the gun. Bradley is seeking over $100,000.

If you or someone you love was injured in a Massachusetts incident that you believe was caused by someone else’s reckless or careless actions, please contact our Boston injury lawyers today.

Meantime, Hernandez could be facing more legal troubles. The body of 27-year-old Odin Lloyd was discovered near his home earlier this week in North Attleboro. Police secured a warrant to search the football player’s home after a rental car registered to him was connected to the murder. According to Boston’s Fox 25 news, an anonymous source says that forensic evidence linked a car driven by Hernandez to the crime scene and that he and Odin were together at a bar on the night that the latter died.

ABC News says that a security system in the NFL player’s home that includes video surveillance has been destroyed, as has a cell phone that has since been given police. Sports Illustrated CNN says that Hernandez will likely be arrested.

Source: Patriots’ Hernandez likely to be arrested, SI.com, June 20, 2013

Patriots Star Sued
, TMZ, June 19, 2013

Lawsuit: Patriots’ Aaron Hernandez shot man after fight at a Miami Gardens strip club , Miami Herald, June 21, 2013

More Blog Posts:
Toddler’s Near Drowning Incident Serves as a Stark Reminder for Parents to Keep Kids Safe around Pools this Summer, Boston Injury Lawyer Blog, June 19, 2013

Study Finds Voice-to-Text is Just as Distracting as Manual Texting, Boston Car Accident Lawyer Blog, June 17, 2013

Drug Injury Lawsuits Blame Johnson & Johnson’s Tylenol for Liver Damage, Boston Drug Injury Lawyers Blog, June 13, 2013 Continue reading

A Maine toddler who was found floating face-down in his family’s swimming pool last Thursday is slowly improving.

Cody Campbell, 2, was unresponsive when he was pulled from the above-ground pool by his mother. He had a pulse, but no brain activity at the time of the accident according to emergency responders.
Campbell, who is recovering at Maine Medical Center has made progress and now recognizes his parents and is now talking, though he is having some difficulties with his speech. Police say that Cody was at home with his mother and siblings when he went missing and was found in the pool.

file0001964686090.jpgThough the story did not end tragically, this situation serves as a reminder for parents to make keeping children safe around swimming pools a priority. According to the Center for Disease Control and Prevention (CDC), drowning accidents are the leading cause of injury death for young children ages 1 to 4, and the fifth leading cause of death for individuals of all ages.

Swimming pools pose the greatest risk for submersion injury or death by drowning to young children. Though the child may survive a near drowning experience, as was the case of Cody Campbell of Maine, nonfatal drowning may cause irreversible brain damage and long term disabilities, including memory problems, learning disabilities, and permanent loss of basic functions.

Who Is At Risk?

According to the CDC, rates of drowning incidents vary demographically by age, gender, and race. The highest rates are among those children ages 1 to 4, and typically males are at a greater risk for drowning than females. The biggest risk factor for drowning incidents is accessibility to water. Those who live close to bodies of water, those have a swimming pool, or those regularly visit a pool are generally more susceptible to pool-related incidents and drowning. Additionally, level of aquatic training and swimming strength are contributing risk factors.
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