Boston Injury Lawyer Blog

January 18, 2013

Toyota Settles Sudden Acceleration Lawsuit Over Two Wrongful Deaths

One month after reaching a $1.1B settlement with hundreds of plaintiffs claiming that auto defects linked to sudden unintended acceleration caused the value of their vehicles to drop, Toyota Motor Corp. has reached confidential settlements in two wrongful deaths involving the same safety issue.

This auto defect, which can cause a vehicle to suddenly speed up without warning while causing the driver to lose the ability to slow it down or stop the car, has been linked to hundreds of motor vehicle injuries and fatalities. In this latest wrongful death case, Charlene Jones Lloyd and Paul Van Alfen, died in 2010 when the Camry they were riding crashed into a wall. Van Alfen’s wife and his son, who was engaged to Jones Lloyd, were also injured. Investigators report that skid marks on the interstate showed that Van Alfen tried to stop the Camry as it accelerated out of control.

The police say that the vehicle suddenly accelerated after the gas pedal got stuck. Sticky gas pedals and ill-fitting floor have both been linked to the Toyota sudden unintended acceleration problem. This safety issue eventually led to a number of recalls involving millions of vehicles and the manufacturer later had to pay tens of millions of dollars in fines to the National Highway Traffic Safety Administration for not alerting the government about this problem sooner.

January 16, 2013

Beverly, Massachusetts Sexual Abuse Allegations Continue Against Landmark School

by Altman & Altman

According to Landmark School, a private school in Massachusetts, another five graduates have come forward claiming that they were molested by to ex-teachers and a former staffer. The alleged Beverly sex abuse incidents took place during the 1970’s and 1980’s.

A report from the school’s board of the trustees notes that the two teachers identified by the former students had already settled previous Massachusetts sex abuse lawsuits involving other victims. This latest news comes just a few months after three other alumni alleged that they had been molested also during the same time period. Among those accused of committing sex abuse is Howard Kasper, a former dean.

Landmark School is attended by kids with learning disabilities involving language. Tuition to attend varies from $46,575 to $62,000 depending on whether one is a day student or a boarding student.

January 15, 2013

Even With Texting Ban, “Legal” Distracted Driving Habits Continue to Up Risk of Boston Car Accidents

by Altman & Altman

Even though texting while driving has been banned in Massachusetts, this doesn’t mean that people are not engaging in distracted driving habits that are just as risky albeit legal. A Boston Globe article today reports on just this trend from the results of an operation carried out this month by police officers in West Bridgewater who were looking for drivers that were interacting with their cell phones while operating their vehicles.

51 motorists were pulled over for texting while driving. 37 of these people were given warnings or $100 citations. However, 14 were let go because, according to them, they weren’t actually texting but, rather, they were looking at directions or dialing the phone to make a call. Both activities are distractions, but both are legal to do on the road. Still, they can cause Boston car accidents.

Such distinctions between what is legal and what isn’t among distracted driving habits can make it tough for police to determine who is actually breaking the law by texting while driving and who is just getting ready to make a phone call or using their device as a map.

January 11, 2013

Breach of Privacy: Ex-Billing Company Owners and Pathology Groups to Pay $140K for Health Records Accidentally Thrown in Georgetown, MA Public Dump

by Altman & Altman

The ex-owners of Goldthwait Associates, which is a billing company based in Marblehead, and four pathology groups have reached a breach of privacy settlement with the Massachusetts Attorney General’s Office over the accidental dumping of sensitive health records at a public dump in Georgetown. The collection of tossed papers included the records of over 67,000 people. Included in these documents were people’s names, SS numbers, addresses, and test results. A Boston Globe photographer had found the tossed records in 2010 when he was throwing out his trash.

Under federal and state laws, health records have to be gotten rid of in a way that destroys any personal information. This usually involves burning or shredding the documents. Even though no evidence exists to show that the poor handling of these files resulted in anyone using the information improperly, in a press release, Attorney General Martha Coakley said that thousands of patients were likely placed at risk from this information breach. She noted that it is important that personal health information is protected as it goes from doctors to third-party contractors.

Coakely’s office contends that several pathology groups, who were also defendants in this case, violated Health Insurance Portability and Accountability Act regulation when they didn’t ensure the proper safeguards to make sure that the patient information was protected when they gave the files to Goldthwait Associates. Her office also alleges violation of data security regulations of the state due to the groups’ failure make sure that the billing company they retained would make sure the proper security measures were in place to protect the confidential information.

Doctors, billing company pay $140,000 penalty for records tossed in public dump, Boston.com, January 7, 2013

Former Owners of Medical Billing Practice, Pathology Groups Agree to Pay $140,000 to Settle Claims that Patients’ Health Information was Disposed of at Georgetown Dump, Mass.gov, January 7, 2013

More Blog Posts:
Middleborough Woman Sues Tufts Medical Center for Breach of Privacy and Seeks Punitive Damages, Boston Injury Lawyer Blog, July 14, 2011

Alaska Medicaid to Pay $1.7M to Settle HIPAA Lawsuit Over Hard Drive Data Breach, Boston Injury Lawyer Blog, June 27, 2012

Boston Personal Injury?: Use of Psychotropic Drugs Can Prove Fatal for Some Elderly Patients, Boston Injury Lawyer Blog, March 30, 2011 Continue reading

January 9, 2013

Ferry Crash in NYC Injures at Least 50

by Altman & Altman

A high-speed ferry that collided into a Manhattan dock today left at least 50 people with injuries-CNN says that number of injuries is closer to 85. Two of the victims were critically hurt, with one sustaining a serious head injury from falling down the boat stairs. The vessel had been transporting over 300 commuters. When the crash happened, dozens of them were tossed to the deck, and against walls, windows, and seats.

The ferry accident occurred at around 8:45am as the boat was pulling into the dock. The impact of the crash caused the boat’s hull to rip open. Per a witness who is quoted in a Boston Globe/AP story, a ferry employee had been telling her that the captains of the boat had complained that the vessel was difficult to maneuver.

The ferry is a catamaran that was constructed in 2003 and it was scheduled to undergo a huge mechanical overhaul in mere months. The National Transportation Safety Board sent investigators to the boating accident site.

January 7, 2013

Holyoke, Winchendon, and Chelmsford, MA Fires Claim Lives

by Altman & Altman

A woman was killed in a Holyoke fire at her home on Saturday. Investigators believe that the blaze may have started close to a wood-burning stove. Firefighters that rushed to the scene were able to extricate another woman and her dog from the roof of the bungalow’s front porch. Following the fire, the whereabouts of two other dogs were in question.

Also on Saturday, an elderly couple was killed in a three-alarm Chelmsford blaze that caused a significant portion of a 24-unit condo complex to collapse. A seven-year-old boy who sustained third-degree burns is reportedly fighting to survive. The cause of this fire is also under investigation.

And in yet another fire, this one in Winchendon on Friday, a 70-year-old man died in a two-alarm blaze that destroyed his residence. Icy conditions and strong winds impeded firefighter efforts.

January 4, 2013

CDC Reports 4.2% of Adult Motorists Doze Off While Driving

by Altman & Altman

At Altman & Altman, LLP, our Boston injury lawyers represent clients injured in Massachusetts motor vehicle crashes that were caused by other negligent parties, and although following asleep at the steering wheel might not seem like an intentionally reckless act, if a driver causes an traffic collision as a result, it can be grounds for a Massachusetts personal injury or wrongful death. Auto accidents caused by asleep or drowsy drivers occur more often than one would like to think.

A recent report from the CDC revealed that 4.2% of adults admitted they had fallen asleep while driving at least one time in the last month. Our Boston car accident law firm doesn’t have to tell you that this is the equivalent to having a moving car on the road with no one at the steering wheel.

The report’s findings come from a survey of over 147,000 in DC and 19 states in 2009 and 2010. The report’s lead author, Dr. Wheaton, said that although a 4.2% national average seemed high, the actual number of motorists that actually do fall asleep while operating a more vehicle is more. She noted that the reason for this is sometimes a motorist may doze off for just a couple of seconds and not even realize it. While adult drivers in the 25 to 34 age range were most at risk of falling asleep while driving, senior motorists in the 65 and older age group were the ones least like to nod off. Also, more men drivers than women fell asleep.

December 31, 2012

New Year’s Eve is the Deadliest Time of Year for Boston Pedestrian Accidents

by Altman & Altman

According to the journal Injury Prevention, New Year’s Eve is when people are most at risk for becoming involved in a fatal pedestrian accident. One reason for this is that while inebriated individuals might choose to walk rather than drive, drinking too much alcohol still impairs one’s physical abilities, judgments, and reflexes regardless, making one more prone to involvement in a traffic crash. One option for avoiding such risks might be to take a cab. Another alternative is staying over at wherever you plan to celebrate.

That said, there are Boston pedestrian accidents that occur on New Year’s Eve because a motorist was distracted, multitasking, texting while driving, talking on a cell phone, or drunk. Please contact Altman & Altman, LLP to request your free case evaluation if you were involved in a Massachusetts traffic accident that you believe was caused by another party.

No one wants to start or end the year involved in any type of collision, but it can happen. Because the state follows modified comparative negligence system, an injured party can recover Boston injury compensation compensation as long as his/her fault in causing the incident was 50% or less.

December 30, 2012

First Sandy Hook Lawsuit Seeks $100M for 6-Year-Old Survivor

by Altman & Altman

The personal injury attorney for a 6-year-old girl is asking to sue the state of Connecticut for the psychological and emotional injuries she sustained from the deadly shooting that killed 26 people at Sandy Hook Elementary School. The injuries to a minor case seeks $100 million in damages. Generally, permission by this state must be sought before a party can proceed with a civil lawsuit against it.

The plaintiff’s legal team is claiming that her injuries occurred because she was at the school during the shooting and from hearing the screaming, gunfire, and conversations that took place over the intercom as the tragedy unfolded. They believe that the Connecticut Department of Education, the State Board of Education, and the State Commissioner of Education neglected to protect the girl from “foreseeable” harm when it failed to provide her with a safe school setting and had not mandated that the Newton Board of Education and Sandy Hook school have an emergency response plan in place.

The Sandy Hook shooting is considered one of the deadliest mass shootings in our nation’s history. It happened on December 14 when Adam Lanza, 20, went to the school and shot at six adults and 20 kids, ages 6 and 7. He then proceeded to shoot himself. Prior to coming to the school he also killed his mother.

December 27, 2012

Four Major Retailers Recall Over 15,000 Nap Nanny Baby Products Following More Baby Deaths and CPSC Lawsuit

by Altman & Altman

Four large retailers are conducting their own recall 150,000 Nap Nanny baby recliners following. The manufacturer, Baby Matters, LLC is not involved in this latest recall. The sellers include Amazon.com, Diapers.com, Babies R Us/Toys R Us, and Buy Buy Baby.

The move comes just weeks after the CPSC sued Baby matters via an administrative complaint after five infant fatalities involving the Nap Nanny product. In Massachusetts, please contact our Boston child products liability law firm if your son or daughter was injured or killed because of a consumer item.

This latest recall involves the Chill model, the Nap Nanny Generation One, and Nap Nanny Generation Two. It comes two years after the CPSC and Baby Matters jointly recalled about 30,000 Nap Nanny products in 2010. During that recall, available reports had noted one baby death and 22 incidents involving kids falling out of or hanging from a Nap Nanny’s side despite using a harness. Since then, and even after improved instructions and warnings were added, there have been at least four other infant fatalities and another 70 incidents.