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September 16, 2014

Man Expected to File Medical Malpractice, Wrongful Death Case After Wife, Twins Die During Childbirth

A man whose common-law wife and twin daughters died during their delivery says he intends to sue the doctors involved for birthing malpractice. Tafari Brathwaite says they tried to deliver the babies naturally even though Victoria Rexach told them she needed a C-section.

At the time of the delivery, Rexach, 30, was 5 ½ months pregnant with the girls. The three of them died on August 28, 2014.

Rexach previously had two cesarean sections. Her doctor, a high-risk specialist, had said she should have the procedure again this time around. However, when Rexach went into labor prematurely, doctors at Richmond University Medical Center chose natural childbirth even though, contends her family, the hospital knew that she couldn’t deliver naturally. The believe Rexach would still be alive today if they had performed the surgery.

Cesarean Section
Sometimes, performing an unplanned C-section can make a huge difference for an infant and its mother, especially during an emergency situation.

Reasons for a C-Section:
• Delayed labor
• Signs of distress from the mother or baby
• The umbilical cord is wrapped around the baby’s neck
• The mother has an infection that could be contracted by the infant
• Fetopelvic disproportion
• Maternal disorders
• The mother has had a previous C-section and her doctor believes it is better for her to have another one
• Tumor in the pelvis
• The baby is still in a head down position and its almost time for the delivery date
• There is more than one baby in the womb
• The mother is too weak to undergo natural childbirth

Then there are the C-sections that are performed but were not necessary. These can result in complications or injuries to the mother or child that could otherwise have been avoided.

C-Section Malpractice
Failure to perform a C-section when needed and performing an unnecessary cesarean delivery may both be grounds for cesarean delivery medical malpractice if serious and avoidable injuries resulted and negligence or carelessness by a medical professional was a factor. In Massachusetts, contact our Birthing malpractice lawyers at Altman & Altman LLP today.

Mom, twins die after hospital doesn't do C-section
, USA Today, September 11, 2014

OHSU doctor: Many C-sections unnecessary, KGW, August 21, 2014

C-section, Mayo Clinic

More Blog Posts:
$13M Boston Medical Malpractice Verdict Awarded to Widow of Man Who Died Following Throat Surgery, Boston Injury Lawyer Blog, September 5, 2014

Boston Family Awarded $16.7 Million in Malpractice Suit, Boston Injury Lawyer Blog, July 1, 2014

Xarelto Injury Lawsuits Sue Bayer and Johnson & Johnson, Drug Injury Lawyers Blog, September 15, 2014

September 15, 2014

Massachusetts Man Killed in Golf Cart Accident At Maine Golf Course

A Massachusetts man was fatally injured last week in a tragic golf cart accident at a South Berwick, Maine golf course.

According to police reports and the Associated Press, the victim, who’d been playing at The Links at Outlook, was riding as a passenger in a golf cart when the driver lost control on a downhill portion of the cart path near the 14th hole. Both the driver and the victim were ejected from the cart; the cart then fell on and crushed the victim’s head. The driver received only minor injuries.

The victim is described as a 27-year-old male from Massachusetts. His name, nor were any other details about the accident, was not released. South Berwick Police Chief Dana Lajoie stated that blood was drawn at the scene from both the driver and victim to determine the men’s blood alcohol content.

Assuming that alcohol was a factor in this horrific accident, this situation could fall under the dram shop statute and liquor server liability law. According to Massacusetts General Laws, Chapter 231, Section 85T:

“In any action for personal injuries, property damage or consequential damages caused by or arising out of the negligent serving of alcohol to an intoxicated person by a licensee properly licensed under chapter 138 or by a person or entity serving alcohol as an incident of its business but for which no license is required, no such intoxicated person who causes injuries to himself, may maintain an action against the said licensee or person or entity in the absence of wilful, wanton, or reckless conduct on the part of the licensee or such person or entity.”

Continue reading "Massachusetts Man Killed in Golf Cart Accident At Maine Golf Course" »

September 12, 2014

Will the Number of Massachusetts Car Crash Deaths Go Up if Selling Marijuana Become Legal?

With Massachusetts and other states seeking to join Washington and Colorado in legalizing the retail sales of marijuana for recreational purposes, safety advocates are worried that this could increase the number of traffic crash fatalities that happen. While it remains illegal everywhere in the country to drive while under the influence of pot, that doesn’t mean that people don’t do it—especially if it becomes more easily accessible.

According to studies, marijuana can interfere with multitasking, impair decision-making, and reduce peripheral vision, which are skills necessary for safe driving. However, unlike drunk drivers, motorists that are stoned tend to realize that they are impaired and may try to be more careful when behind the steering wheel. Still, like alcohol, marijuana seems to make a user more careless. Also, the more inexperienced a pot smoker is, the more likely he/she is to become impaired because no tolerance level has been built up.

Young adult males and teen boys are the groups most likely to smoke pot and then drive. They are also the ones most at risk of becoming involved in a traffic crash when under its influence.

In 2007, the National Highway Traffic Safety Administration conducted a roadside survey in which 8.6% of motorists tested positive for THC, which is the psychoactive ingredient found in marijuana. According to Columbia University researchers that compared drivers who tested positive for pot in NHTSA’s roadside survey with the drug and alcohol tests of motorists killed in traffic crashes, pot alone was enough to up the chances of involvement in a deadly car accident by 80%.

Regardless of whether more states legalize the sale of marijuana, if you or your loved one was injured in a Boston car crash and you believe that one of the drivers involved was under the influence of alcohol or drugs, you may have reason to pursue a Massachusetts personal injury or wrongful death case.

Most traffic crashes caused by impaired driving could have been avoided if only the motorist had chosen to not get into the car while under the influence. Intoxicated driving is negligent driving.

You want to work with a Boston injury law firm that knows how to pursue your financial recovery. Contact Altman & Altman, LLP today.

Marijuana's hazy contribution to highway deaths, September 2, 2014

The Dangers of Driving Under the Influence of Marijuana,

More Blog Posts:
Judge Rejects GM’s Bid to Stop Faulty Ignition Switch Lawsuit That Spurred Recalls, Boston Injury Lawyer Blog, August 26, 2014

New Ordinance Could Protect Boston Bicyclists By Requiring Protective Side Guards, Convex Mirrors on City Trucks
, Boston Car Accident Lawyer Blog, September 10, 2014

No Charges for Driver of Fatal Hit-and-Run Bike Accident, Boston Car Accident Lawyer Blog, June 30, 2014

September 11, 2014

Brandeis University Faces Scrutiny by Federal Investigators for Sex Abuse Cases

Brandeis University in Waltham is the latest college to come under scrutiny by the United States Education Department for the handling of sexual assault complaints involving its students. The university is the 10th school in Massachusetts and one of more than 75 in the country to be investigated by the U.S. Dept. of Education according to WCVB.

According to reports (initially published by The Boston Globe), the investigation is centered on a student's allegation that the school wrongly and unfairly found him responsible for sexual misconduct this past spring and subsequently disciplined him.

While Brandeis spokesman Bill Schaller did not comment directly about that particular investigation, he acknowledged that the school had already taken initiatives to prevent and respond to sexual assault complaints, including opening a rape crisis center, hiring a psychological counselor who specializes in trauma and sexual violence, and relocating its office of sexual assault services and prevention to a more central location on campus. According to WCVB, the university conducted bystander-intervention training for students and created an informational website and distributed resource guides to students, faculty, and staff to increase awareness of sexual assault services and prevention efforts.

This past May the Department of Education began an investigation of 55 campuses for complaints that they possibly violated rules governing the handling of sexual violence and harassment cases. Included in that list are Amherst College, Boston University, Emerson College, Harvard College, Harvard Law School, the University of Massachusetts Amherst, Berklee College of Music, Hampshire College, UMass Dartmouth, and Brandeis University.

Continue reading "Brandeis University Faces Scrutiny by Federal Investigators for Sex Abuse Cases" »

September 8, 2014

Medical Facility Where Joan Rivers Underwent Vocal Procedure Now Under Investigation

Even as friends, family, and the entertainment industry laid comedian Joan Rivers to rest, police are continuing to look into her death. The 81-year-old suffered cardiac arrest while undergoing routine surgery at the Yorkville Endoscopy medical center. She was then rushed to the hospital where she was placed on life support. Rivers died on Thursday.

Also probing her death is the New York State Department of Health. Investigators are trying to determine whether the facility violated any state rules. The medical examiners that conducted an autopsy on the late comedian could not determine her cause of death.

Ambulatory surgery centers have grown in popularity as insurers and patients seek out less expensive, more convenient treatments than what they can get at traditional hospitals. The cost is less due to less overhead and shorter wait times.

Doctors involved in such facilities can also benefit with more favorable reimbursement rates and more time with patients. However, some critics believe that ambulatory centers may create a conflict of interest. 90% of them are owned by at least one of the physicians practicing there. This, they say, creates a financial incentive for doctors to recommend that patients undergo procedures.

It is very possible that no medical negligence occurred during Rivers’ endoscopy. However, if a mistake or some form of carelessness did occur, the comedian’s daughter, Melissa Rivers, may be entitled to medical malpractice damages should she decide to file a lawsuit.

In this procedure, a patient is usually sedated as a scope is moved through the esophagus and into the stomach. An endoscopy can also be done to examine a patient’s vocal cords.

Surgical procedures, even routine ones, come with risks, and complications post-surgery complications or during the surgery can arise. If someone you love was injured, suffered health issues, or died following a medical procedure and you believe that Boston medical negligence was involved, you should speak with a Massachusetts medical malpractice law firm right away.

NYPD now investigating Joan Rivers’ death
, The Washington Times, September 7, 2014

Surgical Center Used by Joan Rivers Part of Outpatient Push, Bloomberg, September 5, 2014

Kathy Griffin, Howard Stern At Joan Rivers’ Funeral, CBS, September 7, 2014

More Blog Posts:
$13M Boston Medical Malpractice Verdict Awarded to Widow of Man Who Died Following Throat Surgery, Boston Injury Lawyer Blog, September 5, 2014

C.R. Bard, Boston Scientific Pelvic Mesh Cases Get Court Rulings, Drug Injury Lawyers Blog, August 26, 2014

I’ve Just Been Injured At Work, What Should I Do?, Massachusetts Workers' Compensation Lawyer Blog, September 4, 2014

September 5, 2014

$13M Boston Medical Malpractice Verdict Awarded to Widow of Man Who Died Following Throat Surgery

The Boston Herald reports that a decade after Cynthia Price-Brown's husband died following a routine tonsil procedure, their family has been awarded a $13 million Boston medical malpractice verdict against the surgeon, Dr. Peter Ambrus. Eric Price was 38 when he underwent the surgery to correct a mild case of sleep apnea at South Shore Hospital in Weymouth.

Ambrus performed a palate production, a turbinate reduction, a tonsillectomy, and fixed Price’s deviated septum. According to to Price-Brown, two days after the procedures, he started to bleed profusely and died within minutes. She filed her Boston wrongful death case in 2007.

Price-Brown's Boston tonsil malpractice lawyer says that considering that Price only had a mild case of sleep apnea, it was poor advice to recommend that he undergo the surgical procedure. An attorney for Ambrus, however, said that heavy bleeding is known to be a tonsillectomy-related complication, and, although rare, death is also a risk. The verdict only requires a $1 million payout that Ambrus’s insurance will cover.

Tonsillectomy Medical Malpractice
Because adults have bigger arteries and vessesls than children, tonsillectomy procedures are risker for adults. However, both children and adults are at risk of complications and injuries, such as excessive bleeding, surgical burns, airway fire injuries, and tissue injuries.

Earlier this year, the parents of 17-year-old Mariah Edwards recovered $6 million for her wrongful death after her tonsil surgery. Poor-post operative care was blamed as a cause. Edwards sustained permanent damage to her brain after it was deprived of oxygen for an extended period.

And in another tonsillectomy malpractice case, this time involving a 9-year-old who also suffered from sleep apnea, the lawsuit was settled for $1 million. The tonsil procedure was recommended to improve his sleep apnea. However, the anesthesiologist did not know about the child’s pre-existing history and the boy was given a narcotic pain med after the surgery. Within hours, he became unresponsive and the sleep apnea caused an airway obstruction that prevented oxygen from reaching his brain.

Massachusetts Medical Malpractice
Doctors, surgeons, nurses, anesthesiologists, obstetricians, gynecologists, dentists, and other medical professionals owe patients a certain level of care. When the failure to provide that care leads to complications, injuries, or death, the patient or his/her loved ones may be able to file a Boston medical malpractice case.

According to a study published in 2012, postoperative bleeding was the most common tonsillectomy complication. Number two on the list was anoxic events, followed by postoperative medication issues. If you think you may have grounds for a Boston medical negligence case, you should speak with an experienced Massachusetts personal injury lawyer right away. You also may have reason to file a case against other liable parties. A Massachusetts medical medical practice case is not the type of injury claim you want to pursue on your own.

Widow awarded $13M in husband’s post-op death, Boston Herald, September 5, 2014

Complications and legal outcomes of tonsillectomy malpractice claims, U.S. National Library of Medicine, National Institutes of Health

More Blog Posts:
Boston Family Awarded $16.7 Million in Malpractice Suit, Boston Injury Lawyer Blog, July 1, 2014

Stroke Victim Awarded $14M in Medical Malpractice Case Against Doctor Who Prescribed Yasmin Birth Control, Boston Injury Lawyer Blog, April 25, 2014

C.R. Bard, Boston Scientific Pelvic Mesh Cases Get Court Rulings, Drug Injury Lawyers Blog, August 26, 2014

September 2, 2014

Boston University Student’s Family Sues Apartment Landlord for Massachusetts Wrongful Death

A year after 22-year-old Binland Lee died in an Alston, MA apartment fire, her family is suing the landlord for her Boston wrongful death. Binland, a Boston University student, got trapped in her attic bedroom.

According to her loved ones, the landlord, Anna Belokurova, had rented Lee a bedroom in illegal apartment that had a faulty alarm system and not enough exits. Also named as Alton, MA wrongful death defendants are property owner Belokurova, Gateway Real Estate Group, two real estate brokers, and a real estate agent.

A Boston Globe Spotlight investigation reconstructed that tragic incident in April 2013. It reported ongoing problems of overcrowding at the building.

In an emergency, Lee’s attic unit could only be exited down a flight of stairs, which was blocked by smoke and flames by the time the alarm went off. The Globe’s Spotlight team also found that the apartment was not in compliance with the building code because it lacked two ways out. Its fire-detection system, which did not have the necessary city permit, was either not connected properly or malfunctioned. By the time the warning sound went off on the upper floors it was too late for Lee to escape.

Other residents and guests sustained injuries during the blaze when they jumped out of windows on the third floor. Their injuries included smoke inhalation, a sprained ankle, a fractured back, and a wrist injury.

Lee was found near her bedroom window, with burns on 99% of her body. The official cause of her death was smoke inhalation.

Last month, the Boston City Council approved an ordinance mandating that colleges give the city the addresses of students who don’t live on campus. This should allow the city to stay abreast of buildings and landlords with repeated violations and hopefully prevent another tragic incident like the one that claimed Lee’s life.

Boston Premises Liability
Apartment buildings, their landlords, and representative can be held liable for Boston premises liability if their negligence fails to prevent a fire, a violent crime, or some other injury incident from happening. There may be more than one party that should be held liable.

Read the Complaint (PDF)

Report: Family Of BU Student Killed In Allston Fire To Sue Landlord, Brokers, WBUR, August 20, 2014

Family of BU student killed in fire prepares lawsuit,, August 20, 2014

More Blog Posts:
Judge Rejects GM’s Bid to Stop Faulty Ignition Switch Lawsuit That Spurred Recalls, Boston Injury Lawyer Blog, August 26, 2014

Hyde Park Contractor Subjects Employees to Electrocution Hazards: Faces $70,000 in Fines
, Massachusetts Workers' Compensation Lawyer Blog, July 28, 2014

Motorcyclists Fatally Injured in Easthampton, MA Crash, Boston Car Accident Lawyer Blog, August 29, 2014

August 26, 2014

Judge Rejects GM’s Bid to Stop Faulty Ignition Switch Lawsuit That Spurred Recalls

A state judge is allowing the wrongful death lawsuit that first brought to light General Motors' faulty ignition switch problem to be reopened. The automaker had sought to have the auto products liability case, which had already been settled, stopped.

The parents of Brooke Melton had resolved the case with the automaker in 2013, months before GM started to recall vehicles over the defect. The plaintiffs are now claiming that the automaker lied to them about not knowing about the safety issue.

The auto defect involved a faulty switch that can automatically shut off the engine of the affected vehicle and prevent the air bags from activating. This year, GM admitted that as far back as a decade ago a few of its employees knew about the problem. Melton died in 2010 when her 2005 Chevrolet Cobalt hydroplaned, hitting another vehicle and then going off road and into a ditch.

Meantime, products liability lawyers are continuing to file more faulty ignition switch lawsuits for plaintiffs seeking damages for personal injury or the wrongful deaths of loved ones. Already, there have been at least 100 wrongful death and 184 personal injury claims made to the victim settlement fund set up by GM. Hundreds of other complaints have also been submitted, with more likely.

In addition to the original ignition switch defect cited that led to the massive recalls, there have also been complaints filed about at least one other ignition switch problem involving GM cars that lawyers say is similar to the first one. GM, however, maintains that the purported problem is not the same.

In other GM auto defect news, the U.S. attorney’s office in Manhattan and the Federal Bureau of Investigation are trying to find out whether there were people in the automaker’s legal department or others that hid evidence of the original auto defect from regulators. The review is part of a bigger criminal probe into what may have been misleading statements made by General Motors to regulators about the safety issue. Automakers have five days from discovering an auto defect to notify the U.S. government.

In Massachusetts, our Boston GM faulty ignition switch lawyers would like to offer you a free case consultation. Contact Altman & Altman, LLP today.

U.S. Probe Examines GM Lawyers, The Wall Street Journal, August 21, 2014

Texas lawyer hits GM with another lawsuit, Detroit Free Press, July 30, 2014

GM loses bid to stop key recall lawsuit,, August 11, 2014

More Blog Posts:
More Than 600 Crash Victims Sue GM, Boston Injury Lawyer Blog, July 30, 2014

Motorcyclist Awarded $1.15M Settlement in Right of Way Violation Case, Boston Car Accident Lawyer Blog, August 19, 2014

More Zoloft Drug Injury Lawsuits, Drug Injury Lawyers Blog, August 12, 2014

August 23, 2014

Hyundai Fined $17 Million For Failing to Report Brake Defect

According to an article published by the National Trial Lawyers, the National Highway Traffic Safety Administration (NHTSA) has announced that Hyundai will pay $17.35 million in civil penalties and comply with NHTSA oversight requirements for failing to report a safety-related defect in one of its car models.

The defect in question affects the 2009-2012 Hyundai Genesis car model and its brake system. The NHTSA has reported that the critical brake system components may corrode, leading to reduced effectiveness of brakes and an increase in the risk of a car crash.

“Safety is our top priority, and all automakers should understand that there is no excuse for failing to report a safety-related defect, as required by law," U.S. Transportation Secretary Anthony Foxx said in the NHTSA news release. "This Administration will act aggressively and hold automakers accountable when they put the American public at risk."

NHTSA determined that Hyundai had been aware in 2012 that brake fluids used in the model year 2009-2012 Hyundai Genesis did not sufficiently inhibit corrosion in key components of the vehicle’s brake system. Hyundai, instead of issuing a recall, instructed car dealers to change the brake fluid in affected vehicles without explaining the consequences of failing to change the brake fluid. Hyundai did not inform Genesis-model owners of the potential safety consequences of not having their brake fluid replaced. It was only after an investigation by the NHTSA that Hyundai finally issued a recall of the affected vehicles.

The NHTSA said in their news release, that there have not been any reported fatalities relating to this safety defect. However six consumers reported collisions, and there were two reports of injuries. As of January 14, 2014, Hyundai had received 87 consumer complaints with regard to Genesis vehicles, most of which suggest increased difficulty in braking.

According to NHTSA Acting Administrator David Friedman, "Federal law requires automakers to report safety-related defects to NHTSA within five days, and neither NHTSA nor the American public will accept anything less. Hyundai failed to act to protect their customers and others that were harmed in an accident, and must change the way they deal with all safety related defects."

Hyundai has agreed to make improvements to its processes for identifying, reporting, and communicating safety-related defects in a timely manner. This includes the creation of a U.S. Technical Committee to review and make decisions regarding potential Hyundai-specific safety recalls. Hyundai will ultimately be responsible for responding to safety concerns in a timely manner based on the Technical Committee's recommendations.

Continue reading "Hyundai Fined $17 Million For Failing to Report Brake Defect" »

August 22, 2014

D.O.T. Unveils New Online Search Tool for Recalls Using Vehicle Identification Number

Each year, millions of vehicles are recalled in the United States because of safety defects or noncompliance with federal safety standards. To assist car buyers, owners and renters in figuring out whether their vehicles are safe and there are no outstanding safety defects, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) created a new, free, online search tool which consumers can now use to find out if a vehicle is directly impacted by a recall.

The new tool is available on and provides consumers with a quick and easy way to identify uncompleted recalls by entering their Vehicle Identification Number (VIN). All major vehicle and motorcycle brands may be searched.

Effective this week, under the new NHTSA mandate, all major light vehicle and motorcycle manufacturers are required to provide VIN search capability for uncompleted recalls on their own websites. This data must be updated at least weekly, according to NHTSA’s press release. NHTSA’s new VIN look-up tool directly relies on information from all major automakers, and regularly updated information from the automakers is critical to the efficiency of the search tool.

According to the NHTSA’s website: Consumers are able to find their vehicle identification number by looking at the dashboard on the driver’s side of the vehicle, or on the driver’s side door where the door latches when it is closed. Determining whether there is a recall that consumers need to fix is simple—after entering the VIN number into the field, results will appear if the consumer has an open recall on their vehicle, and if there are none, owners will see “No Open Recalls."

NHTSA Deputy Administrator David Friedman, said “Just as every single automaker should never hesitate to recall a defective vehicle, consumers should never hesitate to get their recalled vehicle fixed."

The goal of the NHTSA’s new online search tool is to help customers make informed decisions about the cars they are buying and to further aid the watchdog’s mission to increase public safety.

Continue reading "D.O.T. Unveils New Online Search Tool for Recalls Using Vehicle Identification Number " »

August 21, 2014

Two Young Girls Rushed to Hospital After Yarmouth Swimming Accident at Cape Cod Hotel

Two sisters, ages 9 and 12, were flown to Children’s Hospital in Boston after they were pulled from the bottom of an indoor swimming pool at the Bayside Resort in Cape Cod. Witnesses say that the girls were rescued from the Yarmouth, MA near drowning accident after family members and guests noticed they were in trouble.

An uncle was supposed to be supervising them when the swimming accident happened. There was no lifeguard on duty at the time.

The two girls, who are from New York, were in Yarmouth on vacation. As of Wednesday night, police were reporting that the sisters were in serious to life threatening condition.

Cape Cod Swimming Accidents
Unintentional drowning is one of the leading causes of accidental deaths in the US, with kids among the highest at risk. Private swimming pool owners and properties with pools frequented by guests and members of the public are responsible for minimizing the risks of drowning by taking the proper safety precautions.

Preventive measures may include ensuring there is a lifeguard on duty, providing rescue equipment in the pool area, and installing gates to keep people out when no one is there to supervise. Putting in a regulation-approved pool drain can prevent entanglement accidents and drowning. If a swimming pool is indoors, then proper lighting can make it easy to detect if anyone is struggling underwater.

Near drownings can be catastrophic too, even if one is lucky enough to survive. Adults and children have been known to develop serious brain injuries and permanent physical and mental disabilities after almost drowning.

Drowning accidents can also happen in wading pools, hot tubs, inflatable pools, and other bodies of water. It takes just minutes and a few inches of water for a drowning incident to happen.

You want to work with a Cape Cod drowning accident law firm that knows how to pursue your financial recovery. In addition to the pain and suffering of your loved one, and the immediate medical bills that result, there may be additional costs and expenses, including future medical care, that you will need covered. An experienced Massachusetts swimming injury lawyer can help you figure how much compensation you should pursue.

More Blog Posts:
Girls pulled unconscious from Cape Cod hotel pool,, August 21, 2014

Sisters pulled from bottom of Cape Cod hotel pool, WCVB, August 20, 2014

Unintentional Drowning: Get the Facts, Centers for Disease Control and Prevention

Drowning, World Health Organization

More Blog Posts:
Lawrence, MA Man Hospitalized Following Near Drowning in Pool, Boston Injury Lawyer Blog, July 29, 2014

More Zoloft Drug Injury Lawsuits, Drug Injury Lawyers Blog, August 12, 2014

Hyde Park Contractor Subjects Employees to Electrocution Hazards: Faces $70,000 in Fines, Massachusetts Workers' Compensation Lawyer Blog, July 28, 2014

August 18, 2014

Massachusetts Wrongful Death Lawsuit in Northampton Fire Started by Arson Reaches Settlement

Elaine Yeskie has settled her Massachusetts wrongful death lawsuit against Anthony Baye, the man who pleaded guilty to manslaughter in the fatal fire that claimed the lives of her husband Paul Yeskie Sr. and son Paul Yeskie Jr. The two men died in 2012 in a blaze set by Baye at their home on a night when he started over a dozen fires.

Yeskie sought damages from Baye for the loss of her husband and son, as well as for the severe emotional trauma she experienced from witnessing their deaths. Her son Paul Jr. had autism.

The widow claims that the two men experienced conscious pain and suffering as they were fatally burned while trying to escape there home. Yeskie and another woman managed to flee the blaze.

Last year, Baye pleaded guilty to setting 27 fires over three years. He also pleaded guilty to manslaughter charges in the deaths of the Yeskie men, as well as to over 40 other criminal charges.

According to Yeskie’s Ma. wrongful death attorney, the civil lawsuit was resolved months ago. The motion to dismiss because an agreement had been reached, however, was just filed in Hampshire Superior Court.

If someone you love died or you were seriously injured in a fire that you believe may have been caused by someone else’s negligent or reckless actions, you should speak with a Boston personal injury lawyer right away. Fires can occur because of deliberate acts or due to accidents that could/should have been prevented. Blazes may also turn deadly if a property owner failed to implement the proper safety measures, including installing working smoke detector devices, as well as other precautions.

Remember that your civil claim is separate from any criminal case that prosecutors might choose to pursue. Working with a Boston fire accident law firm can increase your chances of financial recovery.

Elaine Yeskie sues Anthony Baye in Northampton fires
,, October 12, 2012

Anthony Baye pleads guilty to setting 27 fires in Northampton, faces 19-20 years in prison on manslaughter charges, MassLive, May 13, 2013

Northampton fatal fire lawsuit settled, BostonHerald, August 18, 2014

More Blog Posts:

Former Student Sues Emerson College in Massachusetts Sexual Assault Case, Boston Injury Lawyer Blog, August 15, 2014

More Zoloft Drug Injury Lawsuits, Drug Injury Lawyers Blog, August 12, 2014

Hyde Park Contractor Subjects Employees to Electrocution Hazards: Faces $70,000 in Fines, Massachusetts Workers' Compensation Lawyers Blog, July 28, 2014