Boston Injury Lawyer Blog

September 10, 2012

Danvers Man Injured by Exploding Personal Watercraft

This past Saturday, September 8, 2012, a 31 year old man from Danvers, Massachusetts survived a devastating incident that had initially mystified authorities. Karl Marchionda had just finished loading ten gallons of fuel into his Sea Doo GTX 155 personal watercraft. While alone in the craft at Long Lake Marina on Long Lake in Naples of western Maine, at around 4:50pm, he attempted to start the engine. The PWC then exploded. Karl was launched twenty feet into the air, crashing face first into the dock, according to witnesses. Parts of the craft, including the cover to the engine, coasted through the air for sixty feet.

According to the District Game Warden, Neal Wykes, sparks ignited vapors in the hull of the vessel when Marchionda attempted to activate the engine. There was no immediate determination of what caused the explosion. But after further review, Wykes ascertained that a mechanism that secured the fuel lines to the gas tank had become loose. This allowed fuel to enter the hull of the watercraft. Apparently the gas fumes were ignited when the engine started. Fortunately the blaze was quickly extinguished by the marina’s owner, James Davenport.

For Marchionda, though his injuries weren’t threatening to his life, and he was conscious and responsive when Wykes arrived, he had no recollection of the explosion or of being thrown through the air and landing on the dock. The Massachusetts resident was eventually taken to Bridgton Hospital with several broken ribs, two fractured vertebrae, abrasions, and lacerations to the face. The authorities from the Cumberland County Sherriff’s Office and rescuers from Naples Fire and Rescue are presently still investigating the incident.
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September 6, 2012

NFL Players Linked to Greater Risk of Dying from Alzheimer’s

by Altman & Altman

According to a new study published in the journal Neurology, National Football League players have a three times greater risk of suffering a fatal brain disease, such as Alzheimer’s, than members of the general population. The report was published on the same day that the NFL notified the public that it was placing $30 million toward research into brain injuries and their connection to different brain conditions. These latest findings should add additional support to the traumatic brain injury complaints filed by over 3,000 ex-pro football players against the NFL.

Altman & Altman, LLP represents children and adults with Boston traumatic brain injuries. Our Massachusetts personal injury law firm would be happy to provide you with a free, no obligation, initial consultation.

The plaintiffs claim the NFL hid research that found there was a link between repeat concussions and permanent brain injuries that can cause nervous system disorders, dementia, severe depression, and even suicide. They believe the football league did not do enough to stop these injuries or help manage or treat them by limiting play time. Last week, attorneys for the NFL tried to shut down the complaints, contending they are a “labor dispute.”

September 4, 2012

Toddler Involved in Worcester, Massachusetts Fall Accident From Window

by Altman & Altman

According to Worcester police, a 2-year-old boy fell 12 to 14 feet through a second floor window at a Hancock Street residence yesterday. He was alert and crying with a bump to his head from Massachusetts fall accident and he had to be taken to a hospital for treatment.

The toddler appears to have pushed the window screen before falling out.

Unfortunately, about 5,100 kids are injured in US fall accidents each year. The majority of these incidents could have been prevented if only the proper window safety precautions were taken. In Massachusetts, our Boston premises liability law firm represents children and families injured because of unsafe or defective conditions on someone’s property.

August 31, 2012

14 Injured When 100-Year-Old Motorist Accidentally Backs Cadillac into School Kids and Adults

by Altman & Altman

In a motor vehicle crash that is making national headlines, a 100-year-old driver backed into 14 people on Wednesday when he accidentally reversed his car into a group that was waiting to cross the street close to a Los Angeles, CA school. 11 kids and three adults were hurt, with at least two of the victims still in the hospital yesterday.

The elderly driver, Preston Carter, claims that he hit the pedestrians because the brakes on his Cadillac failed. Police are looking to see if this is, indeed, what happened. However, because of his advanced age, the incident is bringing up the familiar debate of if there should be a time when an elderly senior citizen is too old to drive. In Massachusetts, please contact our Boston pedestrian injury law firm if you believe that your traffic crash injuries were caused by someone else’s negligence.

While many elderly motorists remain mentally alert and active, there are those that pose a danger to themselves and others every time they are in the driver’s seat. Obviously there is no one size fits all answer to when someone may no longer able to safely operate a motor vehicle. Yet, with people living longer these days and the senior population growing-1 out of every 5 derivers will be a senior citizen by 2030-it is important to acknowledge that at some point, a senior driver might have to give up his/her driver’s license and let someone else take the wheel. This can be tough, as driving is a key to freedom, independence, transportation, and life beyond the home for many people.

August 31, 2012

Chemicals in school supplies may pose health risk for children

by Altman & Altman

With a new school year lingering just around the corner, there may be some questions you want to ask of the stores you shop at for new supplies in the interest of protecting your children from illness, especially about toxic chemicals known as phthalates. A recent report published by a non-profit called the Center for Health, Environment, and Justice (CHEJ) says that high levels of phthalates, some of which have been banned from children’s toys by Congress in 2008, are widespread in children’s vinyl school supplies. Studies have linked phthalates to asthma, birth defects, infertility, obesity, and even a heightened risk of diabetes in women.

Congress’ ban on six types of phthalates officially took hold on January 1 of this year. The chemicals are prohibited from existing in children’s toys and childcare articles in excess of 0.1%. The chemical is developed by Exxon Mobil and noted for its versatility and ability to add resilience as well as flexibility to plastics. Phthalates are also used in the production of certain inks, raincoats, detergents, food packing, and vinyl flooring.

Seventy-five percent of the school supplies tested had been marked for elevated levels of the chemicals. These products included popular Disney, Spiderman, and Dora branded wares such as vinyl lunchboxes, backpacks, 3-ring binders, raincoats, and rain boots. A Dora the Explorer backpack contained phthalates at 69 times the legal level for children’s toys. A Spiderman lunchbox clocked in at 27 times the standard for other children products.
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August 30, 2012

Boston Nursing Home Negligence?: “Hand Hygiene” is A Health Concern at Some Facilities

by Altman & Altman

Our Boston nursing home negligence lawyers represent families whose loved ones have sustained injury, illness, or died because of Massachusetts nursing home abuse and neglect. While overt misconduct, such as physical abuse, is often the cause of resident harm, sometimes, a patient can get hurt or sick because a nursing home worker was careless or failed/forgot to follow general care protocol.

In a blog post published this week in the New York Times, the newspaper article focuses on a study examining “hand hygiene,” at nursing homes that was published in the Journal of Applied Gerontology. Although it may seem that washing your hands when taking care of nursing home residents would be a given-this apparently isn’t always what happens.

Per inspectors, the percentage of nursing homes that have received citations for hand hygiene deficiencies has grown. While between 2000 and 2002 this type of deficiency was only found in less than 7.4% of nursing homes, by 2009, hand hygiene issues were found in nearly 12% of nursing homes.

August 29, 2012

Watercraft accident cramps summer fun

by Altman & Altman

This past Sunday afternoon, John Howe Jr., 31, and Emily Howe, 29, a brother and sister from Sterling, Massachusetts were using their personal watercrafts (sometimes referred to as ‘jet skis’) on New Hampshire’s Lake Monomonac. When only about five feet into the water, and away from their boat launch, the watercraft exploded. The cause of the blast is under investigation with the New Hampshire Marine Patrol, and the brother and sister were tossed approximately ten feet from the vessel. Fortunately, they were wearing their floatation devices. And some good Samaritans helped them back to shore. Even more fortunately, all injuries were non-life threatening though Emily Howe had to be taken to the hospital.

American journalist, Howard Cossell, once declared that “sports is the toy department of life.”

I agree.

Humanity’s love affair with competition and activity dates back thousands of years to the original Olympics. And we’ve never been more in tune with our athletic heritage. Just this past summer, the world paused to admire its finest sportspersons, painting our bellies and faces alike, belting out cheers from the bottom of our feet.

For the first time ever, every country to compete in the Olympics sent women athletes. Usain Bolt cemented his legacy as a great by sprinting at a historic twenty-three miles per hour. But we don’t just run anymore. While Bolt topped out at twenty-three, we now drive cars that cruise well above two hundred miles per hour. We (intentionally!!!) drop out of airplanes from several miles in the sky. We strap breathing apparatuses to our faces and plunge into the seas, exploring worlds that were once restricted from us.
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August 28, 2012

Disabled Man is Beaten in Boston at MBTA’s Downtown Crossing Station Orange Line Platform

by Altman & Altman

Massachusetts Bay Transportation Authority Police have arrested two people in the assault of a man who is disabled. The alleged assault occurred yesterday on the Downtown Crossing Station on the Orange Line platform. The victim, 40, was transported to a Boston hospital. His MBTA accident injuries included lacerations and injuries to his face and torso.

Watertown resident, 32-year-old Bryon Lashus, Cambridge resident, 22-year-old Karen Akiba, are to be arraigned in court on assault charges. The two of them were allegedly part of a group that attacked the man who was waiting for a train to arrive.

According to MBTA police, the alleged victim got involved in the group’s conversation, which is when the assault happened. The man’s disability prevents him from communicating properly with people.

August 27, 2012

MBTA employee assaulted by would-be passenger

by Altman & Altman

It’s happened to all of us at times, being just a few seconds too late to catch the bus pulling away from the curb.

On the night of August 23, 2012, Paul S. Kouroyen, 33, took the sting of missing the bus a little closer to heart. The 455 cruised away from Wonderland Station into its route, despite Kouroyen’s pleas from along aside it, and eventually from behind, to wait for him. Kouroyen then followed the bus driven by Baulo Rodriquez, 50, to Central Square in Lynn, Massachusetts. He asked Rodriguez if he was the driver who had left him. Rodriguez, a twelve year veteran of the MBTA, replied that he was.

A beating followed.

Rodriguez suffered bruises to his left and right cheeks, and cuts to his legs and fingers despite his attempts to defend himself. Police arrived to confirm the incident with testimony from Rodriguez and passengers who witnessed the assault. The bus driver was bleeding from the mouth and nose, obviously upset.
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August 25, 2012

Johnson & Johnson Settles First Three DePuy Hip Implant Lawsuits for $600,000

by Altman & Altman

In the first three of about 8,000 DePuy hip implant lawsuits that it is facing, Johnson & Johnson has consented to pay approximately $600,000 to resolve the cases, which were filed by Nevada plaintiffs. Each ASR hip implant case will cost the medical device manufacturer about $200,000. All three products liability complaints had been scheduled to go to trial before the end of the year.

The plaintiffs, 74-year-old Annelise Rundle, 60-year-old Katherine Guy, and 69-year-old Martha Bender, were all implanted with their ASR hip replacements by the same surgeon. These devices later had to be removed and they underwent hip revision surgery. Considering that a first implant procedure already can be rife with potential risks and health complications, followed by a possibly challenging recovery time, to have to undergo a similar procedure so soon after can take a toll.

In Massachusetts, our Boston DePuy hip implant attorneys represent plaintiffs that have suffered health complications because their artificial hip failed or malfunctioned in some other way. DePuy ASR implant failures can cause bone damage, metal-related complications, muscle damage, nervous system damage, bone strain, necrosis, and other problems.