Boston Injury Lawyer Blog

March 21, 2013

Boston Sex Abuse Lawsuit Filed by Former Student Claims Inappropriate Relationship with Teacher

A former Andover, MA student is suing Pike School, Groton School, and staff at the two schools for Boston personal injury. The plaintiff, who is now in his 30’s, claims that he had an inappropriate sexual relationship with a female teacher. He believes that staff at the two schools behaved negligently in that they failed to notice and prevent the teacher, Judith Elefante, from acting with him the way she did.

In his Boston sexual abuse case, the alleged victim says that the sexual relationship with Elefante began at Pike School and went on while he attended Groton School (and also, later in college). He claims that Elefante took advantage of his self-confidence and dependency problems and assaulted, raped, and battered him. The plaintiff says that because of the alleged sexual abuse, he stopped going to school and suffered serious permanent emotional and physical injuries.

Sexual Abuse and Emotional Injuries

March 19, 2013

Preventing Boston Nursing Home Abuse: Alzheimer’s Association Reports that One in Three Elderly Seniors that Dies has Dementia

by Altman & Altman

According to the advocacy group the Alzheimer’s Association, figures from Medicaid and Medicare indicate that out of three older adults that die, one of them will have been suffering from dementia. While this type of mental illness may not necessarily be the actual cause of death, dementia can speed up a person’s decline by upping the risk for other illnesses and impeding cancer and heart disease care. Also according to the report, 61% of patients in their seventies suffering from dementia are expected to die before they turn eighty, while that figure is only at 30% for septuagenarians who don’t have Alzheimer’s.

Possible Signs of Dementia:

• Memory loss • Forgetfulness • Problems learning new skills • Diminished social skills • Personality change • Withdrawal • Violent behavior • Agitation • Communication problems • Reasoning difficulties • Coordination and motor function problems • Paranoia • Hallucinations • Agitation

March 15, 2013

Johnson & Johnson Must Pay $8.3M Hip Defect Verdict to Retired Prison Guard

by Altman & Altman

In the first hip defect verdict against Johnson & Johnson over its DePuy artificial hip, a jury has ordered the healthcare company to pay $8.3 million to Loren Kransky, an ex-prison guard. The 65-year-old claimed that he developed health issues, including metal poisoning, after he received his implant in 2007. Three years later, J & J recalled approximately 93,000 artificial ASR hip implants.

In his hip implant lawsuit, Kransky accused the manufacturer of failing to warn about the risks, design defect, and negligence. Meantime, lawyers for J & J contended that the plaintiff’s injuries were a result of pre-existing medical conditions and an unrelated infection rather than the ASR XL hip.

While all-metal hips comprised about 40% of all US hip replacement devices in 2008, they have become much less popular in the wake of growing worries that they aren’t as safe or effective as previously thought.

March 13, 2013

Teen Car Crash Deaths in Three States A Reminder to Young Boston Motorists to Drive with Caution

by Altman & Altman

Our Boston personal injury law firm represents victims that were involved in serious Massachusetts motor vehicle crashes. There can be many reasons why a traffic crash might happen. Drunken driving, distracted driving, drugged driving, speeding, carelessness, recklessness, drowsy driving, and auto defects are among the more common causes. Another cause of auto injuries and deaths is driver inexperience, which is common among teen drivers. Many of them lack the experience behind the steering wheel that can only come from years of actually operating a motor vehicle.

In the last few days, three tragic auto accidents involving teens in three different states have been a powerful reminder that teen driving can be dangerous. In Ohio early Sunday, six teenagers were killed when the stolen SUV that they were riding in overturned on a guardrail. The driver and five of the passengers died. Two other teens survived the collision.

Also on Sunday in Texas, five teens in a Chevrolet SUV were killed when the vehicle they were in crashed into a gasoline tanker. According to officials, the driver, age 16, failed to halt at a stop sign and collided with the large truck at an intersection. Everyone in the vehicle, including two sisters, died.

In Illinois, four teens were found dead in a sedan in a creek bed on Tuesday morning. The two girls and two boys ranged in age from 15 to 17.

According to statistics from the Centers for Disease Control and Prevention, per miles driven, teen drivers are three times more likely than older motorists to be involved in a deadly collision. Auto crashes continue to be the number one cause of youth fatalities in this country.

The common causes of motor vehicle crashes that we mentioned above are some of the same reasons that Massachusetts teen driving accidents happen. That said, our Boston car crash lawyers cannot stress how the inexperience of youth can truly impact a teen driver’s ability to navigate challenging road conditions, bad weather, emergency situations, and rush hour traffic.

Ohio to Texas to Illinois: Toll of teen driving deaths rises, Los Angeles Times, March 12, 2013

Teen Drivers, Centers for Disease Control and Prevention
Massachusetts Teen Driving Guide, DMV

More Blog Posts:
Recent Tragic Car Crashes A Reminder that Teen Driving Can Be Dangerous, Boston Car Accident Lawyer Blog, March12, 2013

Former Middleboro, MA Teacher Dies in Tragic Car Crash, Boston Car Accident Lawyer Blog, March 12, 2013

Child Left Alone for Hours on Cambridge, MA School Bus, Boston Car Accident Lawyer Blog, March 12, 2013 Continue reading

March 12, 2013

Child Left Alone for Hours on Cambridge, MA School Bus

by Altman & Altman

Update: Driver of Bus Fired After Investigation

The driver that left the five-year old Cambridge child on the bus last week, has been fired.

Jim Misercola of Eastern Bus Company said that as of Tuesday morning, the driver had been terminated. The driver, who has remained unidentified, has been working with the company for 4 years. Misercola stated that he had never had any problems with the driver before.

Jim Maloney of Cambridge Public Schools said that regardless of any punishment, the driver will not be allowed back on city school routes. He also said school officials are inquiring whether a device used to confirm post-trip inspection installed on the bus was working. The device requires drivers to walk to the back of the bus and manually press a button to shut the system off. If it is not shut off, the bus horn sounds and the lights flash until the button is pressed.

According to Misercola, the device is not required by law but was installed on the bus the child was on. He said that despite whether or not the device is operating, drivers are required by law to inspect their buses after their final stop, and this driver inherently failed to do so.

Find this article at Boston.com

Original Article:

A five-year old spent several hours locked on a Massachusetts school bus Thursday afternoon, when the driver failed to perform a walk-through after finishing the route.

Tara Dendy of Cambridge said she went to pick up her son Reign on Thursday, March 11, from his after-school program at the Margaret Fuller House around 5:45 p.m., only to find he did not get off the bus.

“They told me he never showed up, and I just closed my eyes,” Dendy said. “I said I have to find out where my child is.”

Dendy frantically called the police, who confirmed with school officials that the boy had in fact gotten on the bus. Police immediately rushed to the bus yard and found the little boy cold, crying, and shaking on the school bus. Apparently Reign had fallen asleep during the ride home. The driver had not checked to see if anyone was still on the bus when she finished the route at 3:40 p.m.
Continue reading

March 6, 2013

Clergy Sex Abuse Returns to the Spotlight with Pope Benedict’s Resignation and the Wait for His Successor

by Altman & Altman

Following the resignation of Pope Benedict XVI, speculation is focusing on who will take his place. Now, according to CNN, a group representing victims of clergy sex abuse have come up a list of cardinals that it believes would be the worst papal candidates in light of how they handled claims of child sex abuse in the past.

Included on this “Dirty Dozen” list are three US cardinals: Timothy Dolan of NY, Donald Wuerl of DC, and Sean O’Malley of Massachusetts. While some of the 12 cardinals were named because of they way they allegedly covered up sex abuse incidents, others were included because of public comments they made about the clergy abuse debacle.

The group seeking to blacklist these men is called the Survivors’ Network of Those Abused by Priests. SNAP also wants some of the older cardinals to not take part in the meetings that have been scheduled before the new pope is elected because the organization feels that some of these men actively protected priests that were accused of molesting kids.

March 4, 2013

Dog Involved in Mansfield Dog Attack of Boy to Be Euthanized After Biting Teen Girl

by Altman & Altman

A 3-year-old, 48-pound pointer-hound mix will now be euthanized after he was involved in a second Mansfield, MA dog attack involving a child. Milo first came to the attention of authorities when he bit a 6-year-old boy in January. The child, who was being babysat by the dog’s owner, required over 400 stitches.

Now, Milo has again bitten another child, this time sending a 16-year-old girl to the hospital. His owners have since surrendered him to Mansfield Animal Control.

Dog Bites

February 27, 2013

Andover Truck Accident at MBTA Construction Site Crush’s Worker’s Legs

by Altman & Altman

A Framingham construction worker was seriously injured when a truck weighing close to 140,000 pounds slid backwards, rolling over and crushing the legs of a worker with its tires. The Andover, MA construction accident took place in the Shawsheen River area off Lupine Road.

At the time of the Massachusetts tractor-trailer accident, the worker was attempting to attach an equipment trailer to the large vehicle. He was pinned between two of the back tires on the left side of the truck. The worker sustained serious crushing injuries to his lower extremities.

Rescuers that arrived at the Andover construction accident scene needed approximately 25 minutes to get him out from under the large truck. OSHA, Massachusetts State Police, and Andover police are all investigating the incident.

February 25, 2013

Ex-Inmate’s Family Files Essex County, Massachusetts $2M Wrongful Death Lawsuit Against Jail

by Altman & Altman

In Salem Superior Court, the loved ones of former inmate Jeddy Darryl Warner is suing the Essex County jail for Massachusetts wrongful death. According to the plaintiffs, the jail allegedly kept Warner from taking the medications that he needed for several days. Now his family is seeking $2 million in damages.

Warner had been suffering from gastrointestinal stromal tumor, which is a rare form of cancer that he as diagnosed with while serving time in a New York prison for check fraud. After having surgery and getting additional care at hospitals located close to where he was being detained, Warner was paroled and transferred to Massachusetts. However, a few years later, he was behind bars again, then later on probation, and again back in custody in 2010.

Per the Essex County, MA wrongful death complaint, when Warner’s sister attempted to ensure he received his medications, she was notified that he was only allowed to get drugs that came from the jail and not through any outside sources. One drug that he needed, in particular, but could not get was Gleevec. Several days after he was allegedly deprived of this needed med, Warner was discovered unconscious on the jail infirmary floor and placed on life support for several days.

February 24, 2013

Sex Abuse Can Be A Problem in Boston Nursing Homes

by Altman & Altman

Our Boston nursing home abuse and neglect lawyers represent clients that have been sexually abused. Unfortunately, because of their poor health, diminished capacities, and/or advanced age, nursing home patients can make easy targets for abusers.

Elderly persons that live in assisted living facilities generally need help taking care of themselves. They also may be physically and/or mentally incapacitated, which means they are even less able to defend themselves against abusers than members of the general public. One reason for this is that many of them lack to not just comprehend what happened-especially if a patient is suffering from dementia or some other form of mental illness-but also, he/she may not be able (or be too frightened) to report what has happened.

It is the responsibility of Massachusetts assisted living facilities to make sure that patients are kept physically and emotionally safe while under their supervision. In addition to providing adequate security and qualified, well-trained staff, nursing homes must make sure that they do a thorough background check to weed out any sexual predators from the employee roster. Proper supervision, security cameras, and secured entrances and exits can also prevent uninvited guests from entering and exiting the premises. Hopefully, such measures can hopefully discourage unwanted advances made toward a patient by a member of the nursing team, visitors, another patient, or anyone else.