Boston Injury Lawyer Blog

April 24, 2013

Massachusetts Wrongful Death Lawsuit Sues Facility for the Developmentally Disabled After Man Swallows Latex Glove

In Bristol County Superior Court, the family of Grant Pearson is suing Crystal Springs, a Freetown school for the severely disabled for his Massachusetts wrongful death. They contend that staff failed to keep the 21-year-old Assonet resident safe and they did not provide him with the medical care he needed after he swallowed a latex glove in 2011.The facility provides specialized therapeutic, residential, and educational services to adults and kids that are severely disabled.

Pearson, who lived at Crystal Springs at the time of the fatal accident, suffered from pica. This disorder involves a compulsive craving to eat nonedible items.

Per the Bristol County, MA wrongful death lawsuit, on October 25, 2011, Pearson swallowed a glove that had been left in the bathroom where an attendant gave him a shower. Soon after, he began throwing up and exhibited difficulty breathing. Although other staff members were called in, there was purportedly a delay before an oxygen bag was assembled for him and by then he was unresponsive and foaming at the mouth.

April 19, 2013

Worker Killed in Northampton Construction Accident

by Altman & Altman

Alfred Cabiya, 56, died in a Massachusetts construction accident yesterday morning. The tragic incident happened when he became pinned in the middle of two modular office units. Another worker was treated for non-fatal injuries.

The construction workers were setting up the temporary buildings when one of the units shifted. The Occupational Safety and Health Administration and Massachusetts’s Department of Industrial Accidents are investigating the incident.

Construction Accidents

April 18, 2013

Family of Teen Girl Who Committed Suicide Following Sexual Assault and Cyberbullying, Intends to File a Wrongful Death Lawsuit Against Her Alleged Teen Assailants

by Altman & Altman

The family of Audrie Pott says that they will file a wrongful death lawsuit against her alleged assailants. The 15-year-old killed herself after the three 16-year-old boys allegedly sexually assaulted her at a Labor Day coed overnight party last year and then circulated a photo of the incident via text message, making her the target of cyberbullying. She hanged herself several days later. Her loved ones say that she was unconscious while she was being raped and didn’t know what happened until she saw the picture.

According to the family’s lawyer, her alleged assailants even drew and wrote words on her private parts. They plan to sue the parents that own the home where the unsupervised sleepover occurred. Meantime, they have already filed a negligence claim against the Los Gatos-Saratoga Union High School District, blaming it for negligence.

Their attorney tells ABCNews.com that in Spring 2012, Pott complained about being bullied to the school but that did not document her statements. The school also had determined, soon after her death, that bullying had not been a factor leading to her suicide. The negligence claim opens the doorway to a wrongful death lawsuit later.

April 16, 2013

FDA Chastised For Failing to Go After New England Compounding Center Years Before the Deadly Meningitis Outbreak

by Altman & Altman

Republicans and Democrats in the US House say that the US Food and Drug Administration failed to better police compounding pharmacies prior to the deadly meningitis outbreak that killed over 50 people and afflicted more than 700 others with the virus, spinal infections, joint infections, stroke, and other health issues. Many of the victims still don’t know if they will ever fully recover, and their medical bills have been racking up in the tens of thousands of dollars. The approximately 17,000 tainted vials of methylprednisolone acetate came from the New England Compounding Center (NECC), which is located in Framingham, Massachusetts.

Already, dozens of products liability, drug injury, wrongful death, and dangerous drug lawsuits have been filed by victims and their families seeking to recover compensation for their health issues or the deaths of loved ones. In Massachusetts, contact our Boston personal injury lawyers at Altman & Altman to find out if you have grounds for a case. In addition to drug defect claims, you also may have reason to pursue medical malpractice damages from the doctor and/or medical facility that administered the contaminated steroid injections.

According to lawmakers, the FDA should have been doing more to police compounding pharmacies, including shutting down the NECC before the outbreak happened. Reportedly, it had received numerous complaints from hospitals, patients, doctors, anonymous whistleblowers, and state pharmacy regulators about the pharmacy over a nearly 10-year period.

April 13, 2013

Toyota, Honda, Nissan, and Mazda Recall 3.4 Million Vehicles Over Airbag Defects

by Altman & Altman

Nissan, Honda, Mazda, and Toyota are recalling 3.4 million motor vehicles because of airbag safety issues that could cause the devices to catch fire or emit metal fragments that could result in serious injuries to passengers. The airbags come from Takata, a leading supplier. No serious related injuries have been reported thus far.

Over 1.3 million of the autos affected in this global recall are in the US. Due to a manufacturing defect in the propellant that is used in the inflator, the safety device may not deploy correctly. Takata says that if the propellant in certain wafers was compressed incorrectly, a rupture in the airbag might occur.

Among the vehicles impacted are 1.73 million Toyota vehicles, including its Lexus SC430, Sequoia, Corolla, and Tundra models manufactured between 2001 and 2003. Honda’s recall involves 1.1 million vehicles, including Civics, Odysseys, and CR-V’s. 480,000 Nissan vehicles are affected, including the Maxima, Cube, and others, while some 45,000 Mazda RX-8 and 6 models are part of this recall.

April 11, 2013

Woman Awarded $3.35 million in Vaginal Mesh Case against Johnson & Johnson

by Altman & Altman

A South Dakota woman, who had sued Johnson & Johnson after experiencing complications with a vaginal mesh implant, was awarded $3.35 million after a jury determined J&J and its subsidiary Ethicon Inc., failed to adequately warn her doctor of potential dangers of the implant and misrepresented the product in its brochures.

The woman, identified as Linda Gross, had received the implant in 2006, where she shortly thereafter began experiencing medical complications including “mesh erosion, scar tissue, inflammation, and neurologic compromise to structures and tissues.” Gross alleged that J&J and Ethicon Inc. were liable for the product’s defective design, manufacture, warnings and instructions.

Gross’s lawyer, Ben Andersen, said the case was significant to women’s health litigation, and stated that “[the verdict] is a strong statement to Johnson & Johnson and Ethicon that they cannot put profits before safety.”

Original Article from: Fox Business
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April 10, 2013

Massachusetts Student’s Drowning Raises Concerns about Pool Safety

by Altman & Altman

A freshman student drowned at Greater Lowell Technical High School in Tyngsborough, MA yesterday.

Emergency responders were dispatched when an administrator at the school called for help around 11:45 a.m. Police and firefighters performed CPR on 15-year old Danny Svay, but were unable to revive him. He was pronounced dead at Lowell General Hospital.

The Middlesex District Attorney’s Office is calling the drowning accidental, and do not suspect foul play. This is the second drowning at the school in less than a year. A 17-year old student drowned last August.

Though officials are still investigating the true cause of the boy’s drowning, questions do arise as to the safety procedures currently put in place to prevent such accidents from occurring. A lack of preventative measures could have been the cause; such as the amount of trained pool staff, warning signs, pool clarity, etc. In 2011, a municipal pool in Fall River failed to follow proper safety protocols which ultimately cost a woman her life.

On June 26, 2011, Marie Joseph was swimming with her friends when she went down the pool slide and drowned in 12 feet of water. The water was so cloudy and dirty that Joseph’s body remained unnoticed at the bottom of the pool for two days until it floated to the surface.
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April 9, 2013

Andover, Massachusetts Distracted Driving Accident Leads to Permanent, Disfiguring Injuries

by Altman & Altman

Per court documents submitted in Essex Superior Court, a pedestrian who suffered permanent disfigurement in an Andover, MA car accident has settled her civil lawsuit with the driver, who was texting while driving when he struck her. The Massachusetts distracted driving accident occurred in 2011 when the plaintiff was struck by the motorist in his pickup truck.

The impact of the collision, which caused her to fall unconscious to the ground after her head was struck by the truck’s side mirror, allowed the vehicle to run over her leg with one of its tires, leaving the victim with injuries serious enough that she had to undergo numerous surgeries and require medical care to treat her vertigo, concussion, and memory loss. Evidence indicates that she will never again have full function of her leg.

The documents contend that the Andover, MA pedestrian accident happened because the driver took his eyes off the road while texting. The defendant settled the case with the maximum coverage available and additional monies.

April 4, 2013

Deerfield Academy Says Accused Teachers Committed Massachusetts Sexual Abuse

by Altman & Altman

Following a report by Deerfield Academy that it is looking into allegations of Massachusetts sexual abuse involving two of its former longtime faculty members, police say that they too plan to conduct an investigation. The report confirms that Peter Hindle, who taught math at the exclusive boarding school from 1956 to 2000, sexually interacted with at least one student, while English teacher Bryce Lambert, who is now deceased, had sexual contact with two students.

According a letter signed by Deerfield’s board of trustees president Philip Greer and school head Margarita Curtis, the school could have done more to better handle past reports of inappropriate behavior involving the two teachers. Meantime, another man has stepped forward to claim that he too was sexually abused by Hindle, who, while he has not commented on these allegations, has previously admitted to giving backrubs to a number of students.

Sexual Abuse and Schools

March 31, 2013

Boston Food Injury Lawsuits Let Victims Recover Damages for Serious Allergic Reactions, Food Poisoning, Burns

by Altman & Altman

If you suffered a serious injury from food that you were served or bought, you may have grounds for a Boston personal injury lawsuit. Food-related illnesses can cause serious harm to the victim.

For example, food that is improperly prepared or spoiled or cooked in an unsanitary environment can cause stomach conditions, such as food poisoning, Salmonella, E. Coli, and even death-with older seniors and younger kids more susceptible to the more serious complications. There may be hospital bills, medication, and related costs from having to take time off work to recover.

Another common food injury is burns from liquids or dishes that are too hot. This can cause burn injuries to the tongue or hands/another part of the body should the high temperature cause the person to drop the food/drink.