Boston Injury Lawyer Blog

April 10, 2013

Massachusetts Student’s Drowning Raises Concerns about Pool Safety

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.

March 30, 2013

Not All Boston Child Injuries in Cars Involve Actual Massachusetts Traffic Crashes

by Altman & Altman

At Altman & Altman, LLP, our Boston personal injury lawyers also represent the families of kids injured in non-traffic related Massachusetts car accidents that were caused by another negligent party, including incidents involving:

Backover Accidents

This type of car accident often occurs when a vehicle is backing out of a parking space or driveway. The motorist may not realize that a child is behind the car. According to KidsandCars.org, about 50 kids are involved in US backover incidents every week, resulting in about 48 injuries to minors and two deaths. Boston backover accidents are more likely to occur when there is a larger size vehicle involved, such as an SUV, van, or truck. The bigger size can make rear visibility harder for the driver.

March 29, 2013

Allegations of Dental Malpractice Highlight the Dangers that Can Result for Patients

by Altman & Altman

In an investigation that is making national headlines, health investigators say that approximately 7,000 patients that visited an Oklahoma dentist may have been exposed to hepatitis and HIV. The dentist, W. Scott Harrington, has surrendered his dental license and permits to administer medication and anesthesia.

Harrington, a 64-year-old oral surgeon, came under investigation after the dentistry board alerted the health department to a possible hepatitis C infection involving his office. At his clinic, investigators said they discovered:

• Assistants were authorized to perform techniques, including the intravenous sedation of patients, that should only be done by trained dentists • Improper sterilization procedures • Lack of inventory logs for the drug cabinet • At least one drug that expired in 1993 was found • Records indicating that patients were given morphine through 2012 even though Harrington hadn’t received a morphine delivery since 2009 • Dental assistants without permits • An unsanitary work environment • Rusted dental tools • Failure to test the autoclave, which is used to sterilize supplies and equipment, in at least six years

March 28, 2013

More Adult Motorists than Teens May Be Texting While Driving, Finds New Survey

by Altman & Altman

According to a survey conducted by AT & T, 49% of the adult motorists that participated said the have texted while driving. Compare that to 43% of teen drivers that were asked in another survey in 2012. 98% of all respondents said they know that distracted driving is unsafe.

Multitasking is never beneficial while behind the steering wheel of the car. At Altman & Altman, our Boston personal injury lawyers represent clients who suffered serious injuries because of a distracted driving. Texting, talking on the cell phone, reading, surfing the Internet, and sending emails while driving can lead to catastrophic Massachusetts car crashes.

Per the At & T report, which is part of its “It Can Wait” campaign to get drivers to stop texting while behind the wheel, the number of motorists that text appears to be going up instead of down. Out of every 10 respondents, six of them said they didn’t text while driving three years ago. Meantime, 40% of those that do text while driving admit that this is an actual habit rather than a rare occurrence.

March 25, 2013

Woburn, MA Compounding Pharmacy Recalls Drugs After Regulators Find “Foreign Matter” in Vials

by Altman & Altman

Following the discover of “foreign matters” in vials of drugs for injection, Pallimed Solutions, Inc., a Woburn, Massachusetts compounding pharmacy, had recalled over a dozen products. The decision comes after the state board ordered the company to stop making drugs that were supposed to have been manufactured with sterile processes.

So far, there have been no reports of related injuries or illnesses.

Among the products included in the voluntary recall are those used in eye treatments and hormone replacement therapy and for erectile dysfunction. In a press release, Pallimed Solutions said it made the decision to call back the products following an inspection by the Massachusetts Board of Registration in Pharmacy and the US Food and Drug Administration and to ensure patient safety. According to The Globe, late last year the state of Massachusetts told Pallimed to stop making sildenafil citrate, also known as Viagra, because it was manufactured using “improper components.”

March 25, 2013

Boy Viciously Attacked by Two Dogs, Saved by Revere, MA Police

by Altman & Altman

A 14-year-old boy is in critical condition today after being attacked by two Rottweilers Thursday night.

Officers responded last Thursday, March 21, to a fenced-in backyard on Squire Road, in Revere, after the boy’s friend, 12, placed the frantic call to police. The boys had apparently scaled the fence and jumped in the yard to play with the dogs.

Police could not immediately respond to the boy when they arrived because the chain-link fence surrounding the yard was padlocked and topped with barbed wire.

Officer Mike Mullen, who is credited with saving the boy’s life, had to scale the fence while firefighters worked on cutting the gate’s padlock. He shot one of the dogs in the leg, forcing it to retreat from the boy, as firefighters sprayed the other dog with water. Mullen then picked up the bleeding boy, and ran to the boy to firefighters, who then rushed him to an ambulance.

Detective Sergeant Steven Pisano said that if Mullen had not acted so quickly, the boy would have probably died because his injuries were so severe.

According to neighbors, the boy was not a stranger to the dogs, and frequently spent time at that location. Pisano said the property’s owner kept guard dogs in the yard for two decades but had never had any complaints about them.
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March 23, 2013

Nursing Home to Pay $2.7M for Medicaid Fraud Claims Brought to Light By Whistleblower

by Altman & Altman

Grace Healthcare LLC will pay $2.7M with interest to resolve fraud violations that it either knew of or caused their submission related to the Medicare and TennCare/Medicaid programs. The allegations were reported in a whistleblower lawsuit filed by one of the nursing home manager’s former employees, who will now receive $405,000 per the Qui Tam provisions of the act, which not only lets private citizens sue for Medicare and Medicaid fraud on the US government’s behalf but also allows them to receive a percentage of any recovery.

By settling, Grace Healthcare is not denying or admitting to the allegations. The US Justice Department, however, says that the nursing home company turned in false claims for rehabilitation services that were not medically necessary or reasonable, including occupational, physical, and speech therapy services that were provided at 10 facilities to fulfill their Medicare revenue goals, which were purportedly determined without factoring the patients’ actual individual needs for therapy.

Meantime, Legal News Online is reporting that since January 2009, the US Department of Justice has recovered over $14 billion in false claims cases, including $10.2 billion related to fraud committed against federal health care programs.