Boston Injury Lawyer Blog

July 31, 2012

Buckyballs and Buckycube Magnet Maker Sued By CPSC Over Child Injuries

In a rare move, the US Consumer Product and Safety Commission is pursuing an administrative lawsuit against Maxfield & Oberton Holdings LLC claiming that its magnet toys are defective products. The manufacturer of the Buckycubes and Buckyballs products is disputing the allegations.

The small, round magnets are normally sold in sets of more than 200 pieces and are considered adult toys. Unfortunately, one too many kids under the age of 14 has ended up suffering severe injuries from accidentally swallowing more than one of the individual magnets. The victim might be a toddler who has decided to put the shiny round objects in his/her mouth or an older kid pretending that the magnet is a tongue piercing.

The danger happens once the magnets reach the stomach and intestines where they are inevitably drawn to each other and can end up tearing holes in the different organs, or cause blood poisoning or even death, as they come together. The CPSC is aware of at least a dozen child magnet ingestion injuries since 2009 when more than 2 million Buckyball and Buckycubes sets were sold in this country.

July 29, 2012

$500,000 Massachusetts Clergy Abuse Settlement Reached Between Former Williamstown Altar Boy and Two Ex-Springfield Roman Catholic Bishops

by Altman & Altman

A Williamstown man has settled his Massachusetts clergy sex abuse lawsuit against former Springfield Roman Catholic bishops Joseph Maguire and Thomas Dupre for $500,000. The plaintiff, Andrew Nicastro, contended that then-Reverend Albert Graves was able to molest him during the early 80’s because the two defendants did not stop him even though they knew he had abused others boys.

The settlement was reached after the Williamstown sex abuse case had gone to trial. Nicastro, who was an ex-altar boy, contends that Graves molested him at St. Patrick’s Parish between 1982 and 1984. He accused both former bishops of not properly supervising Graves.

In the wake of the settlement, Maguire, 92 and now retired, issued a statement apologizing for Nicastro’s suffering and abuse. Dupre, who retired from his position as bishop in 2004 after allegations surfaced that he also had sexually abused altar boys, has not issued a statement.

Clergy Sexual Abuse
While no amount of money can make up for the emotional and psychological harm suffered from being the victim of sexual abuse, there are laws in place that may allow you to hold your abusers or those that looked the other way and/or should have stopped the abuse accountable. With so many victims of Massachusetts clergy sex abuse coming forward in recent years, the Legislature extended the statute of limitations for bringing criminal charges to 27 years (from 15 years). The three year statute of limitations for civil suits involving child sex abuse-three years after the abuse, three years after the victim turned 18, or three years after discovery that psychological or emotional injuries were because of the abuse-has remained the same.

Last week, however, the House passed a bill extending the deadline to file a civil claim for Massachusetts child sex abuse to until the victim reaches the age of 43. While the measure would only impact future claims it would also give plaintiffs that haven’t been able to bring their lawsuits because of the current statute a year to file a retroactive case. Under the bill, however, entities or businesses couldn’t be blamed for the abuse unless gross negligence is proven.

The Protection from Sexual Predators Act of 2011 (PDF)

House bill would extend deadline for filing child sex abuse claims, Boston.com, July 26, 2012

Andrew Nicastro announces $500,000 settlement in civil lawsuit against two retired Springfield bishops, MassLive, July 27, 2012

More Blog Posts:
Massachusetts Child Sex Abuse Allegations Lead to Charges Against Former Newton Teacher and Woburn Little League Coach, Boston Injury Lawyer Blog, February 10, 2012

Man Sues City of Waltham for Massachusetts Child Sex Abuse Allegedly Committed by Former Assistant High School Football Coach, Boston Injury Lawyer Blog, December 19, 2011

$100K Lawrence, Massachusetts Clergy Sex Abuse Lawsuit Awarded to Andover Man, Boston Injury Lawyer Blog, October 29, 2011 Continue reading

July 24, 2012

Worcester Wrongful Death Lawsuit Claiming Massachusetts Products Liability Filed by Family of Former MLB Pitcher Killed in Northborough Dump Truck Accident

by Altman & Altman

Three years after passing away from accidental asphyxia involving suffocation, the family of ex-Major League Baseball pitcher Mark S. Fidrych is suing Morse Mack Sales, Ballard Mack Sales, and Mack Trucks for Northborough, Ma wrongful death and products liability. Fidrych died when his clothes tangled up in his 1987 Mack dump truck’s power takeoff shaft on April 13, 2009. The former Detroit Tigers pitcher was 54.

The plaintiffs are contending that the truck was negligently designed, made, and marketed. They also believe that it was already defective/dangerous when sold to consumers. They are seeking monetary damages for pain and suffering, failure to instruct and warn, negligent sale, breach of implied warranty and merchantability, and negligent service and repair. In addition to wrongful death recovery, they also want punitive damages.

Meantime, two of the defendants, Ballard Mack Sales & Service and Mack Trucks, are asserting that the Massachusetts wrongful death lawsuit is barred because of the statute of limitations. They claim that Fidrych’s negligence was more significant than any that they may have committed. Morse Mack Sales, which is also denying any wrongdoing, blames Fidrych for modifying the vehicle after purchasing it and contends that it was this change that played a role in/caused his accidental Northborough dump truck death.

July 20, 2012

Following “The Dark Night Rises” Shooting Tragedy, Some Movie Theaters Ramp Up Security

by Altman & Altman

Some movie theaters have heightened security, in the wake of this morning’s deadly massacre at a Colorado multiplex. The shooting, which took place during the premiere at “The Dark Knight Rises” at the Century 16 Movie Theater in Aurora, left at lest 12 people dead and 59 others injured. Young children, including one infant, and adults, were among the victims.

At Altman & Altman, LLP, our Boston injury lawyers are watching the aftermath of this tragic incident along with the rest of the nation. It is horrible for such a senseless event to mar what should have been a fun, memorable event for moviegoers.

The suspect, 24-year-old James E. Holmes, is accused of entering the theater through an emergency exit while brandishing multiple weapons. He fired on the unsuspecting audience shortly after the movie began. Holmes, who did not resist arrest afterwards, is said to have told police he was the Joker, the notorious villain from the last Batman movie.

July 20, 2012

Boston Officer Arraigned in Accident that Injured Young Woman

by Altman & Altman

Richard Jeanetti, 35, was arraigned today in West Roxbury District Court and released on personal recognizance over charges stemming from a crash that occurred on the evening of May 24. Jeanetti is a Boston police officer but was off duty at the time of the accident. He is facing several charges, including operating under the influence causing serious bodily injury and negligent operation of a motor vehicle, after he crashed his motor vehicle into a young woman’s car in Hyde Park about two months ago.

According to a police report filed in the case, Jeanetti’s blood alcohol level was more than three times the legal limit following the accident. The victim, Brianna O’Neill, was seriously injured in the crash and appeared in court today wearing a neck brace and using a crutch. She said that she did not see Jeanetti that night but was “dazed and confused” in the aftermath.
Continue reading

July 17, 2012

$5.8M Massachusetts Heart Attack Malpractice Verdict Awarded to Family of Deceased Harvard Man

by Altman & Altman

Seven years after Robby Lee Ward’s death from a heart attack, a Middlesex County Superior Court jury has awarded a $3.4 million Cambridge, MA medical malpractice award to his Harvard family. Ordered to pay the verdict in this case is Dr. Peter J. DeMartino of Acton Medical Associates. (A second defendant doctor who is also from this medical group was found to not have provided negligent medical care to the victim.)

Ward, an insurance salesman, passed away four months after emergency medical workers rushed him to Mount Auburn Hospital because he was experiencing chest pains. While at the hospital, staff there diagnosed that Ward wasn’t having an active heart attack but that he still could be experiencing some type of coronary problem.

After Ward’s release, his primary care physician told him to stop taking aspirin, which becomes a blood thinner for patients at risk of suffering from a heart attack. However, according to the Cambridge wrongful death complaint, the doctor never pressed Ward to go see a cardiologist. After Ward’s death, autopsy findings showed that he had been suffering from heart damage and coronary heart disease.

The plaintiffs, including Ward’s widow and two adult children, accused DeMartino of providing him with negligent medical treatment and care.

Heart Attacks
Each year, tends of thousands of Americans end up dying from some type of coronary-related trauma. For those that are lucky enough to survive a heart attack, they are often left with serious permanent heart damage. This is why it is so important that the symptoms of a heart attack or any other heart problems are diagnosed correctly and immediately.

Misdiagnosis, no diagnosis, and delayed diagnosis are common reasons why heart attack victims are left with serious damage or end up dying. Early prevention and detection can save lives. Unfortunately, doctors have been known to miss the warning signs of a heart attack, stroke, or some other type of cardiovascular disease.

Mass. doctor could pay $5.8M in heart attack malpractice suit, Boston Business Journal, June 28, 2012
Heart attack symptoms: Know what’s a medical emergency, Mayo Clinic

More Blog Posts:
Massachusetts Hospitals Seek Medical Malpractice “Road to Reform,” Boston Injury Lawyer, April 18, 2012

Massachusetts medical board is not up to par, hiding medical misconduct, Boston Injury Lawyer, March 18, 2012

Did Boston Surgical Error Cause Red Sox Relief Pitcher to Miss Baseball Season?, Boston Injury Lawyer, February 24, 2012 Continue reading

July 11, 2012

Woman Files Vaginal Mesh Lawsuit Against Boston Scientific For Her Pain and Permanent Injuries

by Altman & Altman

Another woman has filed a defective medical device lawsuit against Boston Scientific for permanent injuries she says she sustained from the manufacturer’s vaginal mesh products. Shirley Shelmidine says she was inserted with the device to treat her urinary incontinence and ended up experiencing numerous complications, including debilitating pain and bleeding.

Shelmidine is one of many women to file a transvaginal mesh lawsuit. The medical device is supposed to treat stress urinary incontinence (SUI) and repair pelvic organ prolapse (POP), but the rate of reported complications has been disturbing-urinary issues, severe pain, infections, vaginal shortening, painful intercourse, and organ perforation. Removing the mesh implant can be very difficult and can create other serious side effects.

In her products liability complaint, Shelmidine contends that the mesh implant used on her had design defects and didn’t’ come with the proper warnings or instructions. She noted that Boston Scientific’s products have been linked to high complication and failure rates, don’t always work the way they are supposed to, often require the patient to undergo additional surgeries, and have been linked to irreversible, serious injuries. Her lawsuit alleges that the manufacturer’s pelvic mesh has been known to erode into other body parts, affect patient health, move out of the area where they were implanted, cause damage to the organs or tissues, and erode the patient’s health.

Boston Vaginal Mesh Lawsuits
In Massachusetts, you want to work with an experienced Boston injury lawyer that understands vaginal mesh products and their resulting complications and isn’t afraid to go after the manufacturer for the damages that you are owed.

Just last month, the New England of Journal Medicine published a study reporting that vaginal slings can lower the risk of urinary incontinence in women who undergo surgery for POP. However, the study also found that these women were at higher risk of suffering bleeding and bladder perforation.

A Midurethral Sling to Reduce Incontinence after Vaginal Prolapse Repair, The New England Journal of Medicine, June 21, 2012

More Blog Posts:
Another Transvaginal Mesh Lawsuit Filed Against Johnson & Johnson Over Serious Side Effects, Boston Injury Lawyers Blog, May 17, 2012

Vaginal Mesh Injuries Lead to Boston Defective Medical Device Lawsuits, Boston Injury Lawyers Blog, September 22, 2011
Boston Products Liability?: FDA Considering Tougher Review Process for Mesh Products, Boston Injury Lawyer Blog, August 30, 2011 Continue reading

July 10, 2012

Wayland Community Pool Re-opens After Chemical Hazard

by Altman & Altman

With summer officially here, everyone is running to the nearest pool to cool off. We pack our sunscreen to protect us from the sun, and lifeguards are on duty to keep us safe in the water. However, these aren’t the only hazards we need to be aware of during our day at the pool.

Last Monday, the Wayland Community pool was closed after an employee accidentally mixed muriatic acid with chlorine, creating a “hazardous situation,” according to the Wayland Fire Department. The mixture of the two chemicals produced a vapor cloud of fumes in the building, which was soon evacuated with help from firefighters.

Fortunately, this incident happened before the pool generally opens at 9 a.m., and only a couple of employees were working in the building at the time. The employee who mixed the chemicals was sent to the hospital, treated, and released, and the other employees were uninjured. The pool was closed while the state hazardous materials team dealt with the situation.
Continue reading

July 9, 2012

Settlement Reached by Family of Man Killed in Gas Explosion

by Altman & Altman

The family of a construction worker killed by a propane gas explosion that occurred in Norfolk in August 2010 has come to a $7.5 million settlement in the wrongful death law suit it filed against EnergyUSA and Smolinsky Bothers Plumbing and Heating. William Nichols, 46, was killed when a propane gas tank at a Norfolk condominium construction project was negligently under-filled by the energy company. This allegedly caused the chemical odorant-designed to make the gas detectable-to fade.

The suit also alleges that Smolinsky Bothers did not fully tighten a connection to the furnace, which caused the then-undetectable gas to leak. This leak is what is said to have caused the explosion. The blast essentially buried Nichols in burning debris, crushing him and resulting in burns covering more than 80 percent of his body, until he was extracted by local firefighters. The burns and other injuries resulting from the explosion are what ultimately led to his death.
Continue reading

July 9, 2012

$7.5M Massachusetts Wrongful Death Settlement in 2010 Norfolk Propane Blast Lawsuit Filed by Electrician’s Family

by Altman & Altman

The family of William Nichols has reached a $7.5 million Massachusetts wrongful death settlement in its lawsuit against EnergyUSA and Smolinsky Plumbing and Heating over the 2010 Norfolk propane explosion that claimed his life. Nichols, a 46-year-old Blackstone electrician, suffered fatal injuries, including burns to 80% of his body, when the blast happened and then trapped him under rubble for over 90 minutes.

At the time of the explosion, he had been working on the air conditioning and heating system in a duplex under construction. There had been no odor to warn him that an explosion was coming.

According to the family’s Norfolk wrongful death complaint, EnergyUSA under-filled a new propane tank, which caused the chemical odorant to fade. This is the reason why the propane that leaked had no smell and could not be detected–a theory confirmed by reports about the leak accident. They contend that the company violated the warning located on the propane tank cover that instructs for the new tank to be filled to capacity. Records indicate that only 200 gallons was delivered to the 1,000 gallon tank on April 29, 2010.