Boston Injury Lawyer Blog

October 18, 2012

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

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.
Continue reading

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.

October 10, 2012

Growth in Number of Boston Cyclists Leads to an Increase in Bicycle Accidents

by Altman & Altman

The reasons to ride a bike in Boston are endless. You can ride your bicycle for fun, to work, or for exercise. According to Radio Boston, “the greater Boston area is going through something of a bicycling renaissance.” With over 56 miles in new trails, it is no wonder that people have decided to commute the eco-friendly way. Regrettably, as the number of bicycle riders increase, so do the number of accidents and injuries involving bicycles. “Boston Emergency Medical Services count more than 450 bicycle-related accidents and collisions this year, up significantly since a year ago.”

Last month, there were two bike accidents in Boston that lead to the death of the cyclists. One cyclist was hit by a tractor trailer when she reached the intersection. The woman was known to be in her 30s and a resident of East Boston. The other cyclist was hit by a pick-up truck operated by a drunk driver. The victim was a 63-year old man from Dorchester, and died from his injuries. People who are the cause of bike accidents face an extensive amount of liability. The driver of the truck is facing motor vehicle homicide and drunk driving charges, among others.

Bike accidents are known to take the lives of over 700 people annually, with children making up a significant number of these victims. Boston Biker, an online community for cyclists in Boston, is encouraging riders to look at other countries to adopt their riding safety practices, as bike riding accidents in other countries are significantly lower. Even our own state adopted rules regarding bike safety. If you decide to ride, be sure to check out the city’s rules regarding bicycle safety.

Even with these fatal incidents, avid bicycle riders are not deterred from the road. We all strive to be healthy and physically fit people and bicycle riding seems like it could be the solution we have been looking for. If you are feeling left out because you don’t own a bicycle, then you should consider a membership with Hubway. Hubway is a bicycle sharing system in Metro-Boston that was created in July 2011.
Continue reading

October 9, 2012

Boston Green Line Trolley Collision Caused by Human Error, Says MBTA

by Altman & Altman

Three people sustained Boston injuries on Monday in a collision involving two Green line trolleys. According to the Massachusetts Bay Transportation Authority, human error was the cause of the accident.

The Boston trolley crash occurred in the afternoon in the 700 block of Huntington Avenue on the Green Line’s “E” branch close to the Brigham Circle. One of the trolleys derailed, which resulted in it making contact with another trolley. According to a preliminary investigation, a switch that should have been shut was left open.

The three people that were injured include the operator and two passengers, who complained of neck and back pain. One of the passengers who got hurt was Wessam Paki. He told WBZ that he had dozed off on the trolley but woke up when passengers started falling on him. He says that his head struck the wall and he sustained arm and leg injuries.

If you believe that your Boston train accident or trolley crash was caused by negligence, whether due to a mechanical glitch or human error, you should contact Altman & Altman LLP right away.

Collisions involving trolleys, subways, and trains can cause serious injuries to passengers, operators, engineers, and rail workers. Depending on whether you are a patron or employee, you may be entitled to certain recovery benefits. For example, injured passengers may be entitled to Boston personal injury compensation and Massachusetts railroad workers may be eligible for work injury coverage under the Federal Employer’s Liability Act.

What you don’t want to do is not pursue damages or fail to file your Massachusetts workers’ injury claim because you think doing so will be too much of a hassle or you are too intimidated by the process. Having an experienced lawyer can make all the difference in what you end up recovering in a civil case or receiving as your work injury benefits.

Green Line Trolley Crash Caused By Human Error, CBS Boston Local, October 8, 2012

2 Boston Greenline Trolleys Sideswipe, Boston.com/AP, October 8, 2012

Massachusetts Bay Transportation Authority

More Blog Posts:
Suffolk County Jury Awards Scituate Woman Hurt in 2009 Boston Green Line Trolley Collision $1.2 Million, Boston Injury Lawyers Blog, June 30, 2012

Boston Commuter Train Crashes With Elderly Woman’s Car in Train Crossing, Boston Car Accident Lawyer Blog, March 30, 2011

MBTA Suspends Drivers for Cell Phone Use on the Job, Massachusetts Workers’ Compensation Lawyer Blog, October 8, 2012 Continue reading

October 4, 2012

Study May Have Exposed Elderly Boston Nursing Home Patients to Greater Risk of Fall Accidents

by Altman & Altman

According to the Journal of the American Medical Association, over 1,300 nursing home patients, including 268 in Massachusetts, may have been placed at a greater risk of falling when they took part in a study to see how well padded hip protectors serve as a buffer for residents during fall accidents. The yearlong study, led by Dr. Douglas P. Kiel, a Harvard Medical School gerontologist, involved researchers at the University of Maryland School of Medicine, Hebrew SeniorLife in Boston, and the Washington University School of Medicine. Now, the federal Office for Human Research Protections is mandating that a number of the study’s participants, many of whom were suffering from cognitive impairments, be notified of the serious risks that they were exposed to during the program.

The study took place between 2002 and 2006. Researchers wanted to see whether using padded underwear on just one side of the body, rather than on both hips, provided any benefits. However, data during the study began to indicate that wearing the garment might actually be causing falls, with the more serious fall injuries seeming to occur on the side of the body that was padded and not the one without the added protection. According to regulators, however, despite this realization the scientists failed to inform the patients.

Fall Accidents

October 2, 2012

Boston Personal Injury Claims in Red Sox Sex Abuse Cases Reach $100M

by Altman & Altman

Another plaintiff has stepped forward claiming that he too was sexually abused by the Donald J. Fitzpatrick, the ex-clubhouse manager for the Boston Red Sox. The plaintiff, Gerald Armstrong, is a former Kansas City clubhouse attendant. He is just one of numerous men suing the baseball team for Massachusetts injury damages related to the molestation they allegedly suffered at the hands of Fitzpatrick beginning the late 1960’s through 1991.

According to the Boston Globe, the numerous Boston sex abuse lawsuits are collectively seeking $100M. Fitzpatrick left his job with the team in 1991 after a boy exhibited a sign before a game accusing the clubhouse manager of sexually assaulting him. He passed away in 2005 while serving a suspended sentence for numerous counts of attempted sexual battery against a number of young boys in Florida (Investigators in this case said there were several other alleged victims but criminal charges could not be pursued due to the statute of limitations. However, a number of the victims went on to sue and settle for civil damages.)

Many of Fitzpatrick’s alleged victims claim that he abused them at Fenway Park. Others said that he victimized them in his Randolph condo, his vehicle, or while traveling with the team. For some, the statute of limitations for filing a civil claim has already passed. However, that doesn’t mean that the Red Sox can’t be persuaded to settle.

September 30, 2012

Southwest Airlines Sued By Passenger Over Alleged Burn Injuries from Hot Tea

by Altman & Altman

A Southwest Airlines passenger is suing the company and one of its flight attendants for burn injuries she says she sustained while being serve tea during a flight. Angelica Keller is seeking $300,000 for personal injury, medical expenses, pain and suffering, and property damages, as well as $500,000 in punitive damages.

The food injury accident allegedly occurred on December 28, 2011 while Keller was riding on Flight 955. She contends that the flight attendant gave her a cup of water that was “extremely” hot in another cup that was also carrying condiment packets and a tea bag. As the plaintiff tried to remove the tea bag, between the ‘hot’ paper cup with very hot water and the other cup, the liquid fell out and onto her groin area, causing her to sustain second degree burns, skin blisters, and permanent scarring.

Keller partially blames Southwest’s lack of tray tables in its planes’ front rows for her personal injury accident. She also believes that the airline served water that was too hot for use in a plane. Because she had her seatbelt on, Keller said it took her longer to get out of her seat because she couldn’t jump up right away. She claims the flight attendant wasn’t very helpful. Keller is contending that there was a failure to warn of the danger that can arise from drinking hot tea when there is a flight.

September 26, 2012

Young Mom Dies in Attleboro Car Crash Involving Allegedly Drunken Driver

by Altman & Altman

24-Year-old Kaisha Lynn Guerrini is dead following a North Attleboro car crash involving an alleged drunken driver. The young mother, who leaves behind a 3-year-old son, sustained fatal injuries when her vehicle was hit in a head-on crash on Route 152. The driver, 32-year-old Jason Kwolek, is accused of going on a drunken driving rampage through multiple cities after leaving a bar in Foxboro.

According to police, Kwolek passed vehicles in no-passing lanes, caused another collision, placed other motorists in jeopardy, and drove on curbs as he sped through Plainville and Attleboro. The Boston Herald states that a police report describes Kwolek as “unemotional” and “mocking” after the collision. He has pleaded not guilty to the charges of motor vehicle homicide, manslaughter, and drunken driving.

Massachusetts Drunken Driving Accidents