Boston Injury Lawyer Blog

October 29, 2012

Massachusetts Head Injuries Sustained by Almost 3,000 Students Involved in School Sports Last Year

According to a recent survey, almost 3,000 students sustained some type of Massachusetts head injury while playing sports last year. 164 schools participated in providing such information. About 525 Massachusetts schools did not make the reporting deadline for the survey.

The survey comes following a new state law regarding statewide standards to prevent head injuries that public high and middle schools and schools that have to adhere to Massachusetts Interscholastic Athlete Association rules must now follow. The law also requires training on the issue and provides rules about when players can go back to the field. Marching band, cheerleading, and ultimate Frisbee are also covered under the new law.

In the last few years, there has been growing concern about the head injuries sustained not just by professional athletes, but also by college players and student athletes during sports. Numerous former-NFL football players have even filed brain injury lawsuits against the National Football Legal and helmet maker Riddell. Per the plaintiffs, the league knew that concussions and other head injuries that are sustained while playing sports could later result in permanent brain damage but failed to warn about such serious ramifications, while the sporting gear manufacturer is accused of making products that didn’t provide sufficient protection.

October 26, 2012

Whistleblowers That Report Bribes to Foreign Officials to the SEC May Also Be Entitled to 10-30% of Recovery

by Altman & Altman

Did you know that the Securities and Exchange Commission’s SEC Whistleblower Program also applies to reporting of violations of the Foreign Corrupt Practices Act? This means that if you are a whistleblower who reports original information regarding the bribery of a foreign official, you could be entitled to 10-30% of what is recovered as a result of your claim if monetary sanctions are over $1 million. If you have information about such wrongdoing and and are wondering whether this is enough to file a case, you should contact our Boston whistleblower lawyers at Altman & Altman, LLP right away. We can help you assess whether you have grounds for a claim.

Per the Foreign Corrupt Practices Act, US Companies, US Citizens, and certain foreign companies are not allowed to offer to pay, promise to pay or actually make a payment to a foreign official/foreign political candidate/foreign political party with the intention of affecting the recipient or obtaining any improper upper hand in the obtaining or retaining of business. Under the act, a bribe is defined as “anything of value,” which may include money, its equivalent, gifts, property, charitable contributions, stock, commissions, stock options, discounts, employment offers, transportation, insurance benefits, services, use of facilities, equipment, and other items meant to exert influence on the other party.

There is no minimum value to what constitutes a bribe that violates the Foreign Corrupt Practices Act. Even if the payment has not actually been made yet, a Foreign Corrupt Practices Act violation may still have occurred. (However, one except to the Act is when the payment is made to a foreign official to secure or expedite the execution of a routine government action.) Also, a person or company that makes the bribe does so through a third party, such as a foreign subsidiary, agent, distributor, or partner is not exempt from having committed a bribery violation.

October 25, 2012

Multiple MBTA Accidents Occur at Cambridge and Boston Stations

by Altman & Altman

The MBTA provides a way to get around for those who want to take public transportation to get to almost any part of the state. Residents in Boston often prefer this type of commute because of the heavy congestion associated with driving. However, with accidents and dangerous activities occurring on the lines lately, residents might be wondering if they better off taking a chance in their own vehicles.

MBTA Train Deaths

Two accidents that occurred recently on the MBTA train tracks took the lives of two young adults. Last Wednesday night, a man was struck and killed by a commuter train in Boston. Police have yet to identify this man or the circumstances surrounding the incident. The man is believed to be 21-year old from Roslindale. The death still remains under investigation at the Forest Hills Station, where the man met his untimely devise at 9:45 that night by an oncoming train. The train immediately discontinued service and passengers from this train were transported via a shuttle bus. The train continued regular service the day after. Another man, who was 19 years of age, was also killed by a train in Salem the night after by Ocean Avenue and Broadway Street. This incident also remains under investigation, but transit police believes that “alcohol may have been a contributing factor in this incident.”
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October 24, 2012

Products Liability: Monster Energy Drink Lawsuit Blames Caffeine Beverage for 14-Year-Old’s Wrongful Death

by Altman & Altman

The parents of Anna Fournier, 14, are suing Monster Beverage Company for her wrongful death. They claim that after she consumed two 24 oz. Monster Energy beverages containing 480 mg of caffeine over two consecutive days in December, the teen went into cardiac arrest. Six days later, Fournier, who never regained consciousness, had to be taken off life support.

According to her death certificate, Fournier’s died from cardiac arrhythmia resulting “caffeine toxicity complicating mitral valve regurgitation” related to Ehlers-Danlos syndrome. This means that the caffeine caused her heart to beat irregularly. However, prior to consuming the beverages, she was already suffering from an underlying genetic disorder meant that had already been causing her heart valve to leak. leaking

In their Monster Energy lawsuit, Fournier’s parents are alleging that the energy drink maker failed in warning consumers about the dangers involved in consuming beverages with a lot of caffeine. They also accused the manufacturer of purposely marketing the Monster line to young people-for example, names of the drinks include Monster Heavy Metal and Monster Assault. (While Monster can labels don’t report the amount of caffeine that is in each drink, they do say that that the energy beverage is not recommended for people who are caffeine-sensitive or for kids. A 2-3 can/day limit is recommended depending on how big the can.)

October 22, 2012

At Least 10 Dangerous Drug Lawsuits Filed Against Framingham, Massachusetts Compound Pharmacy as Death Toll from Fungal Meningitis Hits 23, 294 Afflicted

by Altman & Altman

According to The Wall Street Journal, scores of plaintiffs are lawyering up to begin their fungal meningitis litigation against the New England Compounding Center, which is located in Framingham, Massachusetts. Already, at least 10 drug defect lawsuits have been filed in the wake of the deadly outbreak that has afflicted at least 294 people in 16 states, killing 23.

Authorities are now saying that about 14,000 patients, if not more, were exposed to contaminated doses of methylprednisolone acetate. In Massachusetts, please contact our Boston fungal meningitis lawyers. Altman & Altman, LLP is experienced in handling Massachusetts products liability cases against pharmaceutical companies and other related parties. We would be happy to provide you with a free case evaluation.

While NECC, which produced the tainted steroid, is currently the sole defendant of the drug injury lawsuits that have been filed so far, more possible defendants, such as the medical facilities where the steroid was administered, doctors that gave the injection, suppliers, and others involved in the chain of distribution and sale of contaminated steroid, could be added to the mix.

Some of the plaintiffs contend that the shot caused them to develop meningitis, while others, who haven’t been afflicted, are seeking damages for “emotional distress” and other personal injuries. A class action is even being sought by some of the plaintiffs.

Fungal meningitis is not contagious. Only those that received the steroid shot are believed to be at risk during this current outbreak. Early symptoms may include stiff neck, fever, dizziness, headache, nausea, numbness, sensitivity to light, slurred speech, stiff neck, and swelling or redness in the area where the injection was administered. Symptoms can take more than 30 days after exposure to the fungus to appear. Serious side effects may include stroke, long-term disability, memory impairment, speech difficulties, physical impairment, and even death.

Lawsuits Mount as Meningitis Deaths Rise, Wall Street Journal, October 21, 2012

23 Dead in Meningitis Outbreak, ABC News, October 22, 2012

Fungal Meningitis, CDC

More Blog Posts:
Framingham, Massachusetts Compounding Pharmacy Linked to Fungal Meningitis Outbreak Had Settled Wrongful Death Lawsuit Over Similar Allegations in 2007, Boston Injury Lawyer Blog, October 12, 2012

Steroid Linked to Rare Fungal Meningitis Outbreak May Have Been Administered to About 13,000 People in 23 States, Drug Injury Lawyers Blog, October 8, 2012

Meningitis Outbreak Linked to Massachusetts Pharma Company, Drug Injury Lawyers Blog, October 16, 2012 Continue reading

October 21, 2012

Massachusetts Helps InVivo Find Effective Treatment for Spinal Cord Injuries

by Altman & Altman

The National Spinal Cord Injury Statistical Center predicts that there will be 12,000 new cases of spinal cord injury each year. As of this year, there are about 270,000 people in the United States who are living with spinal cord injury. Spinal cord injuries can be caused in many ways, including assault, falls, gunshot wounds, industrial accidents, motor vehicle accidents, and playing sports. The commonwealth of Massachusetts understands the severity of a spinal cord injuries and is providing ongoing assistance to InVivo Therapeutics Holdings Corp. (“InVivo”), a company that has been developing technologies for the treatment of spinal cord injuries.

According to InVivo’s CEO, the commonwealth of Massachusetts first helped InVivo in 2009 by granting a $500,000 loan from the Massachusetts Life Sciences Center. Massachusetts also has an Emerging Technology Fund (ETF), which “targets technology companies that are starting up or expanding manufacturing in Massachusetts by providing financing for manufacturing facilities and equipment.” With the assistance of the ETF, InVivo entered into a loan agreement with the Massachusetts Development Finance Agency (“MassDev”) on October 5, 2012 for two million dollars. MassDev helps businesses and agencies financially to create jobs as well as positively affect other factors of the state’s economy. Now, this seven-year loan will be used to “purchase equipment for the expansion of manufacturing and research capabilities at its new facility in Cambridge.”

As of 2009, InVivo was a small based company with five employees and a great mission – to find effective treatments for spinal cord injuries. Spinal cord injuries most occur in young adults and can amount to bleeding, fluid buildup, and swelling inside or outside the spinal cord. Besides the obvious back pain, patients have complained of loss of bowel and bladder control, numbness, sensory changes, and weakness. InVivo has created innovative treatments for these injuries and symptoms by using growth factors, biomaterials, stem cells, and drugs approved by the U.S. Food & Drug Administration. Now, with over 30 employees, this company continues its mission through its own growth and development with the help of MassDev’s loan.
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October 18, 2012

Milton, Massachusetts Choking Death at Group Home Leads to Manslaughter Charge

by Altman & Altman

A former health care worker has been arraigned on the criminal charge of manslaughter for allegedly ignoring that a client in a Milton group home was choking to death. According Annie Kwankam’s attorney, his client thought that the 57-year-old Lauren Wolf, who was severely mentally disabled, was just kidding around when she grabbed her throat and fell to the ground while eating a piece of steak.

The Massachusetts choking death accident took place in a Milton group home in 2009. At the time, Kwankam was a residential counselor there.

Prosecutors contend that Kwankam failed to cut the meat into pieces small enough for Wolf to eat. 20 minutes after the Milton choking accident, Kwankam contacted 911, telling the dispatcher that sometimes she wasn’t sure when Wolf was playing around.

Choking Accidents
Unfortunately, there are many elderly and mentally ill patients that are prone to choking injuries. Some may no longer have all their teeth, experience swallowing problems, or have lost the mental awareness to know whether/not their food is ready to swallow. At Massachusetts nursing homes and in residences where private caretakers are hired, it is not uncommon for nursing staff or the professional caregiver to be responsible for properly blending or cutting up the foods so that the patient doesn’t accidentally choke. Some patients even require personal supervision and hands-on assistance while they eat. In the event of a choking accident, it is the staff’s responsibility to immediately administer help, and if necessary, call in other medical professionals.

Common causes of choking accidents at care facilities:
• Inadequate training • Not enough staff
• Poor supervision • Neglect • Inexperience

If your loved one was injured or died in a choking accident, you may want to speak with a Boston nursing home neglect law firm to explore your legal options. Your civil case would be separate from any criminal proceedings, with their outcomes unrelated. This means that regardless of whether or not a negligent nursing professional is charged or convicted in criminal court, you still may be able to successfully obtain damages.

Ex-health care worker faces manslaughter charge for choking death of patient in Milton group home, Boston.com, October 18, 2012

More Blog Posts:
Study May Have Exposed Elderly Boston Nursing Home Patients to Greater Risk of Fall Accidents, Boston Injury Lawyer Blog, October 4, 2012

Boston Nursing Home Negligence?: “Hand Hygiene” is A Health Concern at Some Facilities, Boston Injury Lawyer Blog, August 30, 2012

Hot Weather Can Place the Health of Boston Nursing Home Patients at Risk, Boston Injury Lawyer Blog, August 21, 2012 Continue reading

October 16, 2012

Counterfeit Air Bags Pose Safety Issue for Vehicle Occupants, Warns NHTSA

by Altman & Altman

According to the National Highway Traffic Safety Administration, repair professionals and vehicle owners should watch out for counterfeit air bags. Often used as a replacement part at independent repair stores, these imitation safety devices generally don’t work properly and in a Boston car crash will likely fail to provide a motor vehicle occupant with the protection he/she needs.

Unfortunately, imitation air bags hard to identify because they look almost exactly like the ones that are certified as original and usually come with the branding of a legitimate automaker. NHTSA says that these counterfeit products were not properly tested.

According to NHTSA testing, imitation air bags have a tendency to fail to deploy properly or they expel metal shrapnel pieces during deployment. While there have been no reports of deaths or injuries so far, the US Department of Transportation says that more than 100 kinds of cars may have had a fake air bag installed. Just under 240,000 vehicles may be affected. You can find a list of the affected makes and models on the NHTSA website by visiting the link below.

October 15, 2012

MBTA Green Line Trolley Derails in Boston

by Altman & Altman

Massachusetts has one of the most heavily used light rail lines in the country – the Green Line, named accordingly as it primarily passes through a place known as the Emerald Necklace of Boston. The Massachusetts Bay Transportation Authority (MBTA) runs this streetcar system, which is the oldest line of Boston’s subway with an average of 232,000 people riding it on any given weekday. Have you ever taken the Green Line to work, to shop or to visit friends or family in another area?

Since the Green Line will take you through Downtown Boston and Back Bay, it is no wonder why so many people have chosen this convenient method of transportation over driving. Still, the Green Line is not perfect and is subject to scrutiny recently by its own passengers. This criticism is due to the accident that occurred two days ago when the trolley derailed, struck an empty trolley, and injured some of its passengers as well as its operator.

The accident occurred between Brigham Circle and Longwood Medical Area stops on the “E” line. Many people were injured and both trolleys suffered significant damage. An estimated 24 people were on the train, 3 of which were taken to the hospital to be treating for their injuries. These injured passengers, along with the operator of the trolley, complained of neck and back pain. Even though the number of accidents on MBTA lines has decreased in the past few years, the statistics provide little to no comfort to the victims of the latest accident.
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October 12, 2012

Framingham, Massachusetts Compounding Pharmacy Linked to Fungal Meningitis Outbreak Had Settled Wrongful Death Lawsuit Over Similar Allegations in 2007

by Altman & Altman

According to the Associated Press, the New England Compounding Center had already settled a wrongful death lawsuit over similar allegations in 2007. The Framingham, Massachusetts compounding pharmaceutical company is considered the source of the tainted steroid shots that are believed to be the cause of this current fungal meningitis outbreak. Already, reports the CDC, over 185 people in 10 states have fallen ill and at least 14 people have died in this latest contamination.

Please contact our Boston defective medication lawyers if you believe that you have fallen ill because of a dangerous or contaminated medication. Altman & Altman LLP also represents drug defect clients throughout the US.

In the earlier case, the victim, 83, died about 18 months after getting a shot that New England Compounding Center had produced. His loved ones contended that the shot was contaminated and caused him to develop the bacterial meningitis, which led to his death in 2004. A settlement was reached with his widow.