Boston Injury Lawyer Blog

September 24, 2012

Man Awarded $7.2M “Popcorn Lung” Verdict in Food Injury Lawsuit

Wayne Watson, who developed respiratory health issues in 2007, has won a $7.2 million food injury verdict from Gilster-Mary Lee Corp., Dillon Companies Inc., and The Kroger Co. for his “popcorn lung” affliction. The illness is linked to the chemicals used in microwaved popcorn to make it taste buttery while keeping the calories down. Watson ate two bag of popcorn daily for about a decade.

The jury found popcorn maker Gilster-Mary Lee Corp. 80% liable and Kong Soopers’ supermarket ‘s parent companies Kroger and Dillon Foods 20% liable. His food injury lawyers contended that the defendants should have warned consumers that inhaling the buttery smell could cause lung damage. Diacetyl, which is the chemical found in the popcorn Watson ate, may have a possible link to Alzheimer’s. Manufacturers no longer use it in artificial flavoring. (Watson settled his products liability claim against FONA International Inc., a flavor developer, separately.)

“Popcorn lung” is a potentially deadly respiratory disease that is mostly found in flavoring plant workers who end up inhaling diacetyl on the job. (In 2004, Eric People’s, a Gilster-Mary Lee plant work, won a $20 million personal injury verdict for lung damage that he developed while involved in the manufacturing of buttered popcorn.) Symptoms may include shortness of breath, coughing, and wheezing. Constrictive bronchiolitis obliterans, which can constrict and scar the lung’s smallest airways, may even develop.

September 20, 2012

Massachusetts Child Abuse?: More Allegations Accuse Lexington Public Schools of Harsh Disciplinary Tactics

by Altman & Altman

Another family is alleging Massachusetts child abuse involving the Lexington public schools. 17-year-old Robert Ernst, who is now a senior at Lexington high school, said that when he was a third grader at Estabrook, teachers and aides would physically restrain him. Ernst, who has Asperger’s, claims that teachers would hold his hands and keep him in a chair or on the floor. His mom is said to have received 19 reports of such restraint incidents occurring September 9 and October 15, 2003.

Earlier this month, The New York Times published an opinion piece from journalist Bill Lichtenstein, who recounted how his daughter, who attended a Lexington school when she was a kindergartener, was disciplined multiple times by being kept alone in a room. Although some of the details of his account have since come under dispute-including the condition that he and his then-wife found her and the location and type of room she was contained in-his claims have raised questions about the disciplinary methods employed by Lexington school staff. (Lichtenstein’s family would go on to sue the school system for Massachusetts injuries to a minor and settle their case. He says his daughter continues to be traumatized by what happened.)

Ernst is not the only person to come forward since Lichtenstein’s article was published. At a school committing meeting on September 11, Barbara Visovatti said her son too had been moved to a “quiet room” at least three times in 2008. She said this caused him emotional trauma and he began confining himself in their hall closet while lying in fetal position.

September 19, 2012

Teenager breaks neck in football game

by Altman & Altman

Last Friday on September 14, 2012, a Fitchburg teenager suffered a broken neck during a high school football game. Initially, nobody was aware of any kind of injury happening. During the first quarter of the Nashoba/Fitchburg football game, the teenager, while playing cornerback and wearing the number 30, took an unintended hit from a teammate while making a tackle. He then rose and walked to the sideline where he ultimately realized that something was wrong. The 17-year-old Fitchburg High senior was then taken to Umass Memorial Hospital where it was discovered that he had broken his C-1 vertebrae. Fortunately, he wouldn’t need surgery for the injury. But he would have to wear a halo for a time.

Through Twitter, the teenager confirmed his injury and thanked his classmates for the outpouring of love and support. Fitchburg’s high school coach, Dan Walker, was quoted as saying, “We are fortunate that [he] is going to be all right. He is a tough kid with a big heart. Our thoughts and prayers are with him and his family.”

This was another story that hit me personally because I played high school football and endured a fair share of battle wounds, from strained tendons to broken bones. But personal injury and high school sports, specifically football, has become more of a hot button issue during the last ten years. Injuries happen in all fields of athletics but there have even been questions about whether some sports can survive America’s current discussion of the risks children undertake while playing sports, especially concussions.
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September 18, 2012

Boy Scouts Concealed Child Sex Abuse, Reports LA Times

by Altman & Altman

In Massachusetts, our Boston child sex abuse lawyers represent victims of molestation, rape, and other sexual assault crimes who are seeking damages from their abusers and those that allowed their injuries/trauma to happen. Perpetrators of sex crimes have included priests, other clergy members, teachers, coaches, counselors, family friends, relatives, and others who abused their relationship with the victims. Also, schools, churches, and other organizations and entities have been called to task for civil damages related to the injuries inflicted.

Now, the Los Angeles Times is reporting that after looking at 1,600 confidential files between 1970 to 1991 involving the Boy Scouts of America, it has discovered that Scouting officials often tried to cover up allegations of molestation by its volunteers and employees. These latest findings come from the organization’s same “perversion file,” meant to black list alleged molesters. Last year, however, the LA Times revealed that despite the lists, a number of suspected predators have continued to molest, making their way back into the program by skipping the registration process, falsifying their personal data, or moving to another troop while availing of computer and clerical mistakes and the failure by the Scouts to check to the blacklist.

The Times says that the Scouts would usually just get the suspected abuser to resign. Also, reportedly, in most instances involving Boy Scouts-related child abuse allegations, it was the police that notified the Scouts first. In the majority of cases (at least 400 incidents found) when the authorities didn’t, the Scouts did not notify the authorities at all, and they may have even (in more than 100 cases) actively sought to cover up the abuse. All this even as parents, boys, and staff members have come forward with their allegations over the years.

September 17, 2012

Preventing Boston Child Injuries: Car Seats Save Lives

by Altman & Altman

With Child Passenger Safety Week well underway, our Boston injury law firm wants to remind you to make sure that the child safety seat that your son or daughter is using works correctly and is properly installed. Unfortunately, car seat defects can cause serious injuries to children. Should that happen, you might be able to file a Massachusetts products liability lawsuit against the negligent manufacturer.

That said, the National Highway Traffic Safety Administration says that even when there are no product defects, parents are still making five key errors when using booster and car seats:

• Using the wrong harness slot • Positioning the harness chest clip over the wrong part of the body/not using it at all • Not securing the restraint system tightly enough • Wrong seat belt placement • Allowing the harness to stay loose

September 15, 2012

At Least 137 Fatal Drownings and168 Near Drownings Involving Kids in Pools and Spas Have Already Occurred This Summer, Says Media

by Altman & Altman

According to the U.S. Consumer Product Safety Commission, media reports reveal that between Memorial Day and Labor Day of this year there were at least 137 child drowning deaths and 168 near drownings (serious enough to warrant emergency help) in US pools and spas. 54 of these drownings took place not long after the victim had left the proximity of a grownup in the immediate area. 31 kids drowned even though there were people in the pool with them. At least 100 of these children were under the age of 5. Seeing as drowning is the number one cause of accidental death among kids in the one to four age group, these latest figures are, unfortunately, not surprising.

Our Boston swimming accident lawyers represent children and their families with claims and lawsuits against negligent parties that either directly or indirectly caused a child’s injury or death. Depending on the specifics of what happened, possible liable parties when drowning in a spa or pool is involved may include the pool/spa owner, the manufacturer of a defective pool or spa part, or the party that was responsible for supervising the victim at the time of the accident. Altman & Altman LLP is experienced in handling cases involving the Massachusetts personal injury areas of premises liability, negligent supervision, and products liability. We also handled drowning accidents and deaths involving adult victims.

In a report that it issued earlier this year, the CPSC noted that during the summers of 2007, 2008, and 2009 about 243 kids drowned in spas or pools each season-with about 390 child drowning deaths ultimately reported for each year. Also, for 2009, 2010, and 2011 on average there were about 5,200 spa- or pool- related submersion injuries that required ER care each year. Once again, kids under age 5 made up the majority of the reported child deaths and injuries.

September 13, 2012

Stryker Orthopaedic Sued for Hip Implant Defects

by Altman & Altman

Manufacturer Stryker Orthopaedic has been named the defendant in a number of products liability lawsuits filed by plaintiffs seeking compensation for their hip implant injuries. The complaints revolve around its Rejuvenate and ABG II modular-neck hip stems that Stryker recalled in July over reports that their titanium and cobalt parts were rubbing together, creating cobalt shavings that may cause heavy metal poisoning in the body. About 20,000 of these devices were in the US.

Plaintiffs are contending that Stryker was negligent in the manufacturing, testing, development, marketing, distribution, and selling of a defective hip plant product. In Massachusetts, contact our Boston hip implant defect lawyers today if you think you may have a claim against Stryker or the maker of another defective medical device.

The two recalled Stryker systems are comprised of mix-and-match parts, which are supposed to provide implant surgeons with more flexibility so they can customize the fit of the femoral components for each patient. The stems have titanium coating, while the neck parts are comprised of cobalt and chromium. It is when the parts rub against one another at the junction where they connect that the metallic debris can arise. Stryker said that the Food and Drug Administration had already received at least 45 reports of complications related to its implant systems this year.

September 13, 2012

Widely-Used Rail Car Noted for Unsafe Design Flaw

by Altman & Altman

A recent report from the Associated Press has revealed some worrisome data regarding one of the nation’s most common types of rail tankers. An increase in the demand for ethanol, which is a highly-flammable fuel, has led to more tankers being put into service and an accompanying increase in the number of accidents. Many of these accidents also result in the release of dangerous chemicals, explosions, and even fires. According to AP, transportation officials were aware of the issues with the tanker’s design for the past two decades but declined to take it out of use.

The rail car, the so-called DOT-111, has been in heavy use on railroads around the U.S. for many years. The National Transportation Safety Board has brought to light several troubling factors in these accidents, which were reported as early as 1991 when the board released a safety study noting the problems. The tankers were found to be especially prone to puncture or tearing due to a thin steel shell, and the couplers at the ends can also tear off and potentially fly up when separated from between the cars. The AP, after analyzing over twenty years’ worth of data outlining federal rail accidents, found that the number of tankers breached increased from two between the years of 1990 and 2000 to 40 in the years since 2000.
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September 12, 2012

Massachusetts Trampoline Parks: Are They Safe?

by Altman & Altman

Over the last couple of years, there have been more than dozen premises liability lawsuits filed against certain trampoline parks by plaintiffs contending that owners are creating an unsafe environment that places patrons at risk of personal injury. Allegations have ranged from claims that facilities that are dangerously maintained and poorly designed to inadequate supervision. Such issues are important to look at seeing as the trampoline park industry continues to grow. In Massachusetts, our Boston premises liability lawyers represent clients with injury claims against venue owners whose negligence played a role in causing the injury/death of a patron on that property. Do not hesitate to contact Altman & Altman LLP to request your free case evaluation.

While trampoline park owners are maintaining that trampoline use causes less injuries than most sports (trampoline use has been touted as an aerobic workout that helps develop coordination and balance) not everyone is convinced. According to the US Consumer Product Safety Commission, there were 92,159 trampoline-linked injuries that were treated in hospital ERS in 2010. Meantime, in 2006, the American Academy of Pediatrics recommended that trampolines shouldn’t be used at home, during PE classes, or in outdoor playgrounds. Also, earlier this year, the American Association of Orthopedic Surgeons cautioned that trampolines, while “fun” for all ages, comes with a high injury risk especially when there is more than one person jumping at a time. It too is recommending against home or outdoor playground use.

Common causes of trampoline injuries:

September 11, 2012

Remote control helicopter becomes dangerous product, cuts injuries into two

by Altman & Altman

On last Tuesday, September 4, 2012, in Haverhill, Massachusetts, a seemingly innocent pastime took a dangerous turn. Two men were cut and bruised when a remote control helicopter suddenly started on its own and struck the pair with its rotor.

One of the injured was Scott Proposki, of 10 Lavantie Street, owner of Camera in the Sky, a company started in 2008 that uses remote controlled helicopters to take aerial videos and still pictures. Proposki said that after the incident, he was taken to an unspecified Boston hospital where he had surgery to fix tendons in his right hand and arm. Proposki’s co-worker, John Perry, 26, of Manchester, New Hampshire, was the other victim. Perry suffered minor injuries and was taken to Lawrence General Hospital.

According to reports from Proposki, the two were working with the four foot helicopter in his backyard, using it to for taking pictures, when they eventually landed it. But shortly afterwards, the battery-operated device suddenly started on its own, rose about three feet into the air, and hit both Proposki and Perry with its six blades.

After seeing the helicopter initially hit Perry, Proposki grabbed at it with his bare hands, causing five to six gashes and damage to his tendons. Police received a call about the incident at about 12:34pm. Patrolman David Makalian responded to the call along with firefighters.

I was initially pulled in by this story because I had honestly forgotten that remote controlled helicopters even existed. I remember seeing them in movies as a kid and saying “I want that!” but then getting distracted by the next shiny new thing that had me saying “I want that!” And since my love for the remote control helicopter was so short lived, I suppose it makes sense that I never considered the somewhat obvious hazard of rapidly spinning, metal blades … on a toy.
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