Boston Injury Lawyer Blog

November 3, 2012

Fireworks company responsible for leaving behind Fourth of July shells receives statewide ban

The firework company Pyrotecnico has been suspended from operating in Massachusetts by State Fire Marshal Stephen Coan until July 4, 2013. The suspension occurred following the events of last July 4th, in which Pyrotecnico left unexploded firework shells in parks and playgrounds in the towns of Ayer, Hingham, Marion, Milford, Newton, Westford, Wilmington, Winchester, and Sharon.

The unexploded shells could potentially have been harmful to any passersby, many of whom were children. As this blog reported back in July, the shells were initially discovered after the company’s July 3 show in Stoughton, when a maintenance worker mowing a field accidentally set off one of the shells. Luckily, due to the swift actions of police officers who searched sites statewide and removed any shells that were discovered, no one was seriously injured. Coan explained that a child playing or even a town worker maintaining the premises could accidentally stumble upon the shell and become injured if it were to detonate. Coan called this “unacceptable.”
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October 31, 2012

Buckyballs Toy Magnets Discontinued in the Wake of CPSC Lawsuit and ‘Dangerous to Children’ Allegations

by Altman & Altman

Maxfield and Oberton, the manufacturer of Buckycubes and Buckyballs, says that it is discontinuing the popular magnet desk toy. The decision to stop selling this product comes in the wake of pressure from the Consumer Product Safety Commission, which filed a lawsuit contending that the product is a danger to children.

The magnetic pieces are easy to separate from each other and small enough to easily swallow. The pieces can be hard to find once separated from the toy’s larger whole. Blood poisoning and fatalities can also result. Unfortunately, there continue to be other products in the marketplace that include small magnet pieces that pose the same problem as Buckyballs and Buckycubes. If your son or daughter sustained injuries from swallowing a small magnet, you may have grounds for filing a Boston child injury lawsuit.

Already a number of kids have ingested Buckyball magnets in the past few years, with some of them having to undergo extensive hospital stays and multiple surgeries. The magnets are so powerful that if a child were swallow more than one, they can be drawn toward each other in the body, potentially creating holes in the intestine. Doctors have compared a magnet-related ingestion injury injury to a “gunshot wound to the gut,” said Dr. Mark Gilger who is quoted on CNN. Even older kids have ended up swallowing Buckyball magnets, as some of them have pretended that the small pieces were fake tongue piercings.

October 30, 2012

Teens Currently The Most At Risk for Massachusetts Child Pedestrian Injuries

by Altman & Altman

According to “Walking Safely, A Report to the Nation,” teenagers are now the most at risk group for becoming involved in a pedestrian accident. The study, from FedEx and Safe Kids Worldwide, looks at the trends in US child pedestrian fatalities and injuries over the last 15 years.

Per the report, while child pedestrian safety has improved overall-child pedestrian deaths have declined 53% and injuries by 44% since 1995-over 61 kids are still injured seriously enough in pedestrian accidents daily to warrant medical help. More than 500 child pedestrian deaths continue to happen each year. Also, while in 1995, the kids belonging to the the ages 5-9 group were the ones most likely to sustain pedestrian injuries, in 2012, it is teenagers, with the fatality rate among older teen pedestrians now double that of their younger counterparts. However, kids of all age continue to be at risk of serious injuries and death in a pedestrian accident. In Massachusetts, contact the Boston injury law firm of Altman & Altman, LLP today if your child was injured in any type of Massachusetts traffic crash.

Teen Pedestrian Accidents

October 30, 2012

Recent Assaults on MBTA in Boston Promt Investigation

by Altman & Altman

A bus owned by the Massachusetts Bay Transportation Authority (MBTA) was traveling on Albany Street near the Boston Medical Center early this morning when a male passenger demanded to be let off. The bus driver refused, as it was not an authorized bus stop, which agitated the passenger. The passenger then punched the driver in the side of the head and jumped out of the emergency window exit. The driver was treated for his injuries by Boston EMS and police continue to search for the passenger.

Unfortunately, this is not the first assault against an MBTA employee this month. A MBTA operator was spat on at the beginning of the month at the intersection of Washington Street and Harvard Street in Charlestown. MBTA employees are not surprised by these assaults as there has statistically been a rise of assaults annually. Transit police gave a picture of the suspect to the press in hopes of finding and prosecuting him.

Another incident occurred on Dudley Street and Hamden Street, when passenger Carlos A. Ramirez-Rodrigue entered the bus and started to verbally fight with the driver. After yelling a number of obscenities, the MBTA operator asked Ramirez-Rodrigue to leave the bus. Ramirez-Rodrigue responded by repeatedly spitting in the direction of the driver as he left the bus, and when the door to the bus closed, he began to punch the door causing the door window to shatter. He was subsequently arrested for damaging MBTA property as well as two counts of assault and battery. Sadly, there have been many incidents like this one involving the endangerment of MBTA employees this year, including a death that occurred last August.
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October 29, 2012

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

by Altman & Altman

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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