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March 5, 2015

Will New Mandatory Standard for Frame Child Carriers Decrease Injury Incidents?

The U.S. Consumer Product Safety Commission has approved new mandatory standard to enhance the safety of frame child carriers. The safety standard does not apply to soft carriers and slings, which are subject to different standards.

Between January 2003 and September 4, 2004, the CPSC has received close to 50 incident reports about this child product, including reports of 34 injuries. One incident involved a toddler who sustained a head injury after a frame child carrier fell from a chair.

According to the new standard, a frame child carrier is typically made of fabric placed around a frame that is designed to carry a child weighing anywhere between 16 to 50 pounds. The child typically is too young to sit up without support. The carriers are worn on the backs of caregivers, often when hiking.

Unfortunately, there have been hazards linked to frame child carriers, including small parts, lead paint, sharp points, pinching, shearing, scissoring, flammability issues, exposed coil springs, latching and locking, labeling, unintended folding, structural integrity, leg openings, dynamic stretch, stability, static loads, restraints, and handle integrity. The federal standard addresses all of these hazards. Frame child carriers made or imported on or after 18 months after the standard is published in the Federal Register will be subjected to the new regulation.

In Massachusetts, our Boston child injury lawyers represent the families of children that have gotten hurt because of defective or dangerous infant and kids’ products. Contact Altman & Altman LLP today.

We also handle Massachusetts products liability cases involving nursery products, playground apparatuses, child car seats, toys, furniture, and other consumer goods that proved hazardous or malfunctioned.

The New Standard
, CPSC.gov


More Blog Posts:
Transportation Secretary Asks Congress to Authorize New Enforcement Tools for NHTSA; Levies Fine on Takata For Faulty Airbag Systems, Boston Injury Lawyer Blog, February 25, 2015

First Risperdal Injury Jury Trial Against Johnson & Johnson Results in $2.5M Verdict, Massachusetts Drug Injury Lawyers Blog, March 4, 2015

Despite Jeep Fuel Tank Recall, Fatalities and Vehicle Fires Continue
, Boston Car Accident Lawyer Blog, February 20, 2015

February 27, 2015

University of Massachusetts Amherst Student Sues Police for Assault, False Arrest

Thomas Donovan has filed a Massachusetts police violence lawsuit against three police officers. He claims that they assaulted and falsely arrested him because he videotaped law enforcement officers last year during the Blarney Blowout, which is a large off-campus party that celebrates St. Patrick’s Day. At the 2014 event, police officers wore riot gear, shooting some 600 rounds of pepper and sting balls at revelers to keep order when there were disturbances.

According to the Massachusetts personal injury case, Donovan claims that he recorded Amherst cops using what seemed like too much force when making the arrest. Even though he shot the footage at a distance from behind a fence, Donovan contends that an officer in full riot gear and armed with a pepper-ball gun went after him. He said that when he did not stop filming, another police officer shot him with pepper spray at close range. When he still would not stop, a third police officer kicked the phone from Donovan’s hand and threw him down before arresting him. Police then allegedly repeatedly stomped on the phone to break it.

The three defendants are Amherst police Andrew Hulse and Jesus Arocho, and John Does 1 and 2. Hulse and Arocho are the ones who arrested Donovan. The plaintiff believes that the arrest report, filed by Arocho, falsely states that Donovan approached the cops that were making an arrest and disregarded orders to get out of the area. He also disputes that the reason that he was paper sprayed was because he went near the officers.

The criminal charges against Donovan have since been dropped. However, because of his arrest, UMass suspended him for a semester. That punishment wasn’t lifted until its own probe cleared him of wrongdoing.

Donovan wants a jury trial and punitive damages.

Police should refrain from using unnecessary and excessive force always. When failure to do so results in injuries or death, there may be grounds for a Massachusetts police brutality case. Excessive use of or unnecessary force is a violation of one’s civil rights.

Contact our Boston personal injury lawyers today.

UMass student sues Amherst police officers who arrested him for videotaping officers at Blarney Blowout, MassLive, February 5, 2015

UMass student files civil rights lawsuit against Amherst police after Blarney Blowout arrest, FoxNews/AP, February 25, 2015


More Blog Posts:
Massachusetts Wrongful Death Lawsuit Against the City of Framingham, Police Officer May Proceed, Says Judge, Boston Injury Lawyer Blog, January 6, 2015

Vehicle-to-Vehicle Technology May Be Coming Soon According to MIT Review, Boston Car Accident Lawyer Blog, February 27, 2015

Teen Worker Falls 25 Feet While Shoveling Roof in Westwood, MA, Massachusetts Workers' Compensation Lawyer Blog, February 25, 2015

February 26, 2015

Teen Dies in Attleboro, MA Drowning Accident at Apartment Complex Swimming Pool

A 17-year-old has died in an Attleboro, MA swimming accident. Ibrahim Iqbal was doing laps at the Crystal Village Apartments indoor pool on Wednesday when he failed to come up for air after swimming to the bottom.

A cousin who was with him called for help and a resident and a building manager pulled the teenager out of the water. Emergency responders took Iqbal to the hospital where he was pronounced dead. The medical examiner is expected to conduct an autopsy.

Depending on what caused the drowning death, Iqbal’s family may have grounds for pursuing a Massachusetts drowning accident lawsuit. Potential liable parties may include the apartment complex, which could lead to an Attleboro premises liability case or, if there was a defect in the pool, then possibly a products liability lawsuit against a manufacturer.

Massachusetts Drowning Accidents
In Massachusetts swimming fatalities, families may be entitled to wrongful death compensation if there were parties that could and should have prevented the accident from happening. A failure to warn about hazards, inadequate pool supervision, and not making sure emergency equipment is nearby may all be reasons for pursuing a claim.

According to the Centers for Disease Control and Prevention, about ten people a day die from accidental drowning. Drowning is the number five leading cause of unintentional injury fatalities in the United States. If someone is lucky enough to survive a near drowning, they still may be at risk of developing permanent brain damage, long-term disabilities, or permanent loss of basic functioning (i.e. a perpetual vegetative state). Almost 80% of those who die in drowning accidents are males.

Common causes of drowning:
• Don’t know how to swim
• Inadequate barriers to prevent people, especially kids, from entering the pool area without supervision
• Inadequate supervision
• No lifeguards on duty
• Alcohol
• Personal health issues

Teen Swimming in Sweatpants Drowns in Attleboro Apartment Complex Pool, Boston.com, February 25, 2015

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


More Blog Posts:
Two Young Girls Rushed to Hospital After Yarmouth Swimming Accident at Cape Cod Hotel, Boston Injury Lawyer Blog, August 21, 2014

Teen Worker Falls 25 Feet While Shoveling Roof in Westwood, MA, Massachusetts Workers' Compensation Lawyer Blog, February 25, 2015

February 25, 2015

Transportation Secretary Asks Congress to Authorize New Enforcement Tools for NHTSA; Levies Fine on Takata For Faulty Airbag Systems

U.S. Transportation Secretary Anthony Foxx and National Highway Traffic Safety Administrator Mark Rosekind have teamed up with elected officials, representatives from the rental car industry and consumer safety advocates, to ask Congress to pass legislation that would require rental car agencies and used car dealers to fix safety defects before renting or selling vehicles subject to a recall, according to a press release issued by NHTSA.

Proposed by the safety watchdog, the GROW AMERICA Act would require rental car agencies to fix all safety defects currently under recall before renting a vehicle. The act would require used car dealers to do the same before selling a vehicle. Under current federal laws, new cars must be fixed before being put up for sale. Despite the efforts made, no similar federal provision exists for rental car agencies or used car dealers.

“Every vehicle under an open safety recall should be repaired as soon as possible,” Secretary Foxx said in a statement. “Requiring rental car agencies and used car dealers to fix defective vehicles before renting is a common-sense solution that would make our roads safer. Safety advocates and the rental car industry have taken a stand for safety, and we need Congress to do so as well.”
Foxx announced this week, a $14,000 per day fine against airbag manufacturer Takata for failing to fully cooperate with the NHTSA’s ongoing investigation into the company’s defective airbags.

Continue reading "Transportation Secretary Asks Congress to Authorize New Enforcement Tools for NHTSA; Levies Fine on Takata For Faulty Airbag Systems" »

February 24, 2015

Johnson & Johnson Ordered to Pay $2.5M Risperdal Injury Verdict Over Abnormal Male Breast Growth

A jury says that Johnson & Johnson must pay the family of an autistic boy $2.5 million for failing to warn that its antipsychotic medication, Risperdal, could cause abnormal breast development in males. The plaintiffs claim that Austin Pledger, then 7, took the drug in 2002 and developed size 46 DD breasts. Gynecomastia is the medical term for this condition.

Risperdal’s generic name is risperidone. While there have been numerous Risperdal lawsuits settled, this is the first one involving gynecomastia that accuses J & J of hiding the risks to go to trial. Among those that gave testimony was former Food and Drug Administration commissioner David Kessler, who was a paid expert witness for the family of Pledger. He said that J & J knew about the risks but did not disclose the data that demonstrated to what extent young males could experience abnormal breast growth.

Despite the verdict, J & J’s Janssen unit, which marketed Risperdal, maintains that the drug’s FDA-approved label did in fact properly warn of possibly side effects. They also maintain that Pledger was not hurt by taking the drug but instead his quality of life improved “significantly” while on the medication.

Already, some 1,200 drug defect lawsuits involving Risperdal have been filed in U.S. courts. In 2013, J & J and its subsidiaries agreed to pay over $2.2 billion to resolve civil and criminal liability over allegations involving Risperdal and other drugs. As part of the deal, Janssen pleaded guilty to misbranding Risperdal, promoting it for use by elderly dementia patients even though during most of that time it was approved only for treating schizophrenia.

Gynecomastia can be traumatic for males of any age, especially juveniles, and it may lead to psychological issues. Sometimes, the condition may develop in just one breast or create uneven growth between a pair. Lactation may happen. Liposuction, breast reduction, a mastectomy, or chest reconstruction may be required.

Risperdal has also been linked to a higher risk of diabetes, as well as to Tardive Dyskinesia, Stroke, and Neuroleptic Malignant Syndrome. At least 37 reports of stroke-like events or strokes related to Risperdal have been reported, including 16 fatalities.

You want to speak with a Boston Risperdal lawyer to explore your legal options.

J&J's Janssen hit with $2.5 mln verdict in Risperdal suit, Reuters, February 24, 2014

Gynecomastia
, Mayo Clinic


More Blog Posts:
Hundreds of Risperdal Lawsuits Blame Drug For Causing Gynecomastia in Males, Massachusetts Drug Injury Lawyers Blog, November 19, 2014

Medical Malpractice?: Study Says Nearly 1 in 5 Hysterectomies Are Unnecessary, Boston Injury Lawyer Blog, February 20, 2015

Undocumented Worker Entitled to Workers’ Compensation, Massachusetts Workers Compensation Lawyer Blog, February 20, 2015

February 20, 2015

Medical Malpractice?: Study Says Nearly 1 in 5 Hysterectomies Are Unnecessary

According to a recent study published in the American Journal of Obstetrics and Gynecology, in the United States, 1 in 5 women who undergo hysterectomies may not have needed the procedure. This is disturbing news, seeing as not only is the hysterectomy one of the most common surgeries performed on women—by the time they are 60, 1 out of 3 women, will have had this procedure—it is also incredibly invasive and can be a life-altering course of treatment.

In a hysterectomy, part or if not all of the uterus, and perhaps even the ovaries and cervix, are taken out. A woman who has had a hysterectomy will stop menstruating and won’t be able to conceive children.

Often, a hysterectomy is performed to treat a medical condition, including benign conditions—especially when uterine fibroids, abnormal uterine bleeding, and endometriosis are involved. That said, Medical News Today notes that the American College of Obstetricians and Gynecologists require healthcare professionals to recommend that patients whose gynecological conditions are benign seek alternative treatments before undergoing a hysterectomy.

Although fewer hysterectomies are being performed than ever before, over 400,000 procedures still happen in this country each year. According to researchers who conducted the study, of 3,397 women who had a hysterectomy for a benign disease at 52 hospitals in Michigan, 37% of them had files indicating that they didn’t undergo any alternative care prior to the procedure. 18.3% of the women found out after surgery, based on pathological findings, that they did not need the procedure after all.

A hysterectomy may lead to serious side effects. There is also the loss of the ability to get pregnant. If you or someone you love sustained serious injuries or suffered severe emotional trauma from undergoing this type of medical procedure—whether needed or not—you should speak with our Boston medical malpractice lawyers right away.

A hysterectomy may lead to serious side effects, including bladder injuries, injury to the urethra, and bowel injuries. If the ovaries were taken out this may result in premature menopause. If you believe that your doctor did not properly advise you of medical alternatives to a hysterectomy and you sustained serious injuries or complications, you underwent an unnecessary hysterectomy because of a misdiagnosis, or were forced to undergo this surgery because of a delayed diagnosis, you may want to explore your legal options.

Our Boston gynecology malpractice lawyers would like to offer you a free case consultation. Altman & Altman helps patients and their families recover their Massachusetts personal injury or wrongful death compensation that they are owed. There may be medical costs and other damages you sustained because of the medical care and advice that you were administered.

Almost 1 in 5 hysterectomies are 'unnecessary,' study finds, Medical News Today, January 11, 2015

American College of Obstetricians and Gynecologists

American Journal of Obstetrics and Gynecology


More Blog Posts:
New Massachusetts Medical Malpractice Law Gives Patients New Settlement Options, Boston Injury Lawyer Blog, January 15, 2015

Lipitor Injury Lawsuits Against Pfizer Blame the Drug for Diabetes, Massachusetts Drug Injury Lawyers Blog, January 9, 2015

Braintree, MA Train Accident Injures One, Boston Car Accident Lawyer Blog, February 6, 2015

February 19, 2015

Massachusetts Roofs Collapse in Wake of Ice, Snow, Storms

With inches of snow and rain falling onto areas of Massachusetts, ice and snow may be accumulating on roofs, adding unnecessary weight that these structures may not be able to handle. Already, some eight feet of snow has started stacking up on roofs since last month.

According to The Massachusetts Emergency Management Agency, there have already been reports of more than 106 roof collapses, partial collapses, and other big structural problems—not to mention there have likely been incidents that were not reported.

With repeat snowstorms, snow on rooftops can turn into ice, adding eight times more weight. Roof collapses seem to be impacting flat-roofed buildings the most. Already, commercial buildings, schools, homes, and garages have sustained damage.

WCVB.com reports that on Wednesday in Tewksbury, an awning fell on a building in which a childcare center was located. Some 40 children were there at the time. Fortunately, no one was hurt.

In a Newburyport, MA partial roof collapse, a condo had to be evacuated on Sunday during a winter storm. A crack could be seen along the roof . Crew workers then removed snow from other building roofs in the condo complex.

One way to prevent injury from a roof collapse caused by snow and ice is proper maintenance. Show and ice should be removed from roof structures right away.

If you or someone you love was injured in a Massachusetts roof collapse involving ice and snow that should have been cleared away but wasn’t, you may have reason to pursue a premises liability case against the property owner. Snow that turns into ice may cause serious injuries, including traumatic brain injury and punctures from sharp icicles.

Snow and ice that accumulate on the ground may also cause Massachusetts slip and fall accidents, which can lead to broken hips, broken bones, spinal cord injuries, and even deaths.

Contact our Boston injury lawyers today.

Icy, rainy weekend storm could add to Massachusetts roof dangers, WCVB, February 19, 2015

The Massachusetts Emergency Management Agency


More Blog Posts:
Jury Awards $3.6M Actos Drug Injury Verdict, Boston Injury Lawyer Blog, February 18, 2015

Massachusetts Nursing Assistants Sustain Back Injuries, Repetitive Trauma, Other Work Injuries, Massachusetts Workers' Compensation Lawyer Blog, February 12, 2015

Tow Truck Driver Fatally Struck on Massachusetts Turnpike While Helping A Disabled Vehicle, Boston Car Accident Lawyer Blog, February 13, 2015

February 18, 2015

Jury Awards $3.6M Actos Drug Injury Verdict

A jury has ordered Takeda Pharmaceutical Company to pay $2.3M in compensatory damages and $1.3 million in punitive damages to a man who claims that the diabetes drug caused him to develop bladder cancer. John Kristufek said that the drug maker hid the dangerous risks involved with taking the medication.

Actos is a pill that is designed to regulate blood sugar levels. It is typically prescribed to people with type 2 diabetes.

In his drug defect lawsuit, Kristufek argued that although drug representatives don’t deliver the medication or information to doctors offices and pharmacies, they come up with strategies to get doctors to prescribe Actos as safer than other diabetes medications. The incentive for the salespersons, Kristufek claims, is commissions, bonuses, and other rewards.

He said that he did not know that Actos was a dangerous drug until 2011 when the U.S. Food and Drug Administration made an announcement that the drug may increase the risk of bladder cancer. Kristufek, 74, was diagnosed with this very form of cancer in 2009 after taking Actos for four years. He had to have his bladder taken out. Kristufek said he would never have used the drug if he knew it could cause cancer.

The jury ruled that Takeda exhibited “reckless indifference” to the plaintiff’s health.

Signs of bladder cancer:
• Blood in the urine
• Painful urination
• Frequent urination
• Abdominal pain
• Urinary tract infection
• Back pain

Taking Actos may also increase any serious heart problems.

Takeda is accused of knowing as far back as 2004 that Actos could be a cancer risk but purportedly waited several years before putting out a warning in order to protect its profits. It has generated billions of dollars in sales.

Over 2,700 drug injury lawsuits have been filed. You want to speak with a Boston Actos defect attorney who can help you explore your legal options.

Jury orders Takeda to pay plaintiff $3.65 million for damages from Actos, The Pennsylvania Record, February 18, 2015

FDA Drug Safety Communication: Update to ongoing safety review of Actos (pioglitazone) and increased risk of bladder cancer, FDA, June 15, 2011


More Blog Posts:
Best Western Sued Over Couple’s Carbon Monoxide Deaths, Boston Injury Lawyers Blog, February 13, 2015

Johnson & Johnson Settles Four Transvaginal Mesh Cases
, Massachusetts Drug Injury Lawyers Blog, February 6, 2015

Tow Truck Driver Fatally Struck on Massachusetts Turnpike While Helping A Disabled Vehicle, Boston Car Accident Lawyer Blog, February 13, 2015

February 13, 2015

Best Western Sued Over Couple’s Carbon Monoxide Deaths

The family of Daryl and Shirley Jenkins are suing the Best Western International for wrongful death. The elderly couple, who were in their early 70’s, died from carbon monoxide poisoning while staying in a hotel room that was on top of the equipment room for the indoor heated pool at the Best Western Plus Blue Ridge Plaza.

The plaintiffs contend that deficiencies in the exhaust ventilation system and the pool heater caused carbon monoxide to enter the Jenkins’ room. The rooms did not contain carbon monoxide detectors.

In November, a state regulator suspended the license of the contractor that switched the pool heater from propane to natural gas. This move purportedly went against the instructions of the manufacturer.

Les than two months after the Jenkins’ tragic deaths, Jeffrey Williams, 11, died in the same room, also from carbon monoxide poisoning. His mother, who also was poisoned, survived. Their family is expected to file a wrongful death case.

In the case filed by the couple's family, the plaintiffs argued that the hotel should have known that carbon monoxide poisoning is a real threat. They claim that when the power venter on the pool heating system failed, maintenance workers purposely did not deal with a pressure-sensing safety switch so they wouldn’t have to fix or replace the venter. The venter was supposed to pull carbon monoxide from the building. The carbon monoxide then got out through corroded pipes, entered through holes in a protective firewall, and into the room where the Jenkins were staying.

Common causes of carbon monoxide poisoining:

• Lack of a carbon monoxide detection device
• Malfunction or defect involving appliances fueled by gas or wood that produce carbon monoxide
• Use of these devices in a closed space
• Smoke inhalation during a fire
• Incomplete combustion involving fuel burning devices, including furnaces, boilers, water and pool heaters, and motor vehicles.

With no smell or color, carbon monoxide is invisible to the eye but it can be deadly. Someone may not even know they are suffering from carbon monoxide poisoning. Symptoms may include dizziness, headache, vomiting, confusion, stomach upset, chest pain, and weakness, as if one were suffering from the flu. A person who develops carbon monoxide poisoning while asleep may never wake up.

According to a USA Today investigation in 2013, over a three-year period, at least 170 people were treated and eight died from carbon monoxide poisoning at hotels. There have also been incidents involving hotels whose guests were evacuated because of high levels of CO gas.

In Massachusetts, you should speak with an experienced Boston carbon monoxide poisoning lawyer to find out whether you have a case. Your initial case consultation is free. You don’t want to settle without speaking to an experienced Massachusetts premises liability law firm first.

Longview couple's family sues N.C. motel over their carbon monoxide deaths, Oregon Live, February 10, 2015

Best Western lawsuit: Carbon monoxide deaths could have been prevented, Charlotte Observer, February 9, 2015

Hotel guests face carbon monoxide risk, USA Today, January 8, 2013


More Blog Posts:
Nantucket Carbon Monoxide Poisoning Incident Sends 11 Apartment Residents to the Hospital, Boston Injury Lawyer Blog, April 16, 2011

Braintree, MA Train Accident Injures One, Boston Car Accident Lawyer Blog, February 6, 2015

Johnson & Johnson Settles Four Transvaginal Mesh Cases
, Massachusetts Drug Injury Lawyer Blog, February 6, 2015

February 11, 2015

Products Liability Lawsuit Sues Babies R Us, Manufacturer, for Sisters’ Furniture Defect Deaths

The family of sisters Ryeley Beatty, 3, and Brooklyn, 2, are suing Babies R Us and Baby Cache Inc. for wrongful death. The two toddlers died from asphyxiation after a 124-pound dresser fell on them in their home.

According to the furniture defect case, the store sold the dresser, which was a floor model, at a discounted price. The plaintiffs contend that the product did not come with the proper warning labels or instructions and lacked an anchoring device that should have kept it from tipping over.

Per the wrongful death lawsuit, the dresser did not comply with American Society for Testing and Materials standards, including the requirement that they stay upright when opened and 50 pounds is applied to the front of it, such as when a small child tries to climb a dresser. This furniture item should also ideally with a label warning that the dresser is at risk of tipping over or an anchoring strap, which this one lacked.

The dresser tipped over while the girls were sitting on the bottom of one open dresser drawer. Their father, who knew that they where they were, was in the bathroom when he heard the dresser fall.

Product makers know that they need to include the proper warnings and any necessary safety devices with their consumer goods. Ideally, manufacturers would make products that were completely safe for use and not an injury risk at all, but unfortunately, that is not a reality. defective products, including toys, nursery items, and furniture, continue to cause injury and devastation to children and their families.

CBS News reports that a Consumer Product Safety Commission study from last fall found that between 2000 and 2013, there have been 430 fatalities in the US involving furniture that fell on the victims. 84% of those who died were young children. Tens of thousands have been treated in hospitals for injuries they sustained in accidents involving falling furniture.

Boston product defect claims may be brought against a manufacturer, seller, retailer, or distributor. Cases can be made for items with a flawed product design, a defect that occurred in the product occurred during manufacturing, or due to marketing defects. Massachusetts products liability claims for negligence, misrepresentation, and breach of warranty can be filed related to these defects.

Manufacturers and sellers in this state are held to strict liability standards. This means that even if a product was made and marketed correctly, if someone still got hurt due to a malfunction, the victim and his/her family could sue for Boston personal injury or Massachusetts wrongful death.

You want to speak with a Boston defective furniture lawyer who can help you explore your legal options.

Babies R Us, furniture maker sued in sisters' dresser deaths, Boston Herald, February 10, 2015

Babies R Us, furniture maker sued over toddler deaths, CBS News, February 10, 2015


More Blog Posts:
Wheelchair Lift Manufacturer Faces $1.75M in Penalties for Selling Knowingly Selling Defective Lifts, Boston Injury Lawyer Blog, February 9, 2015

Johnson & Johnson Settles Four Transvaginal Mesh Cases, Drug Injury Lawyers Blog, February 6, 2015

$15M Products Liability Lawsuit Blames GPS Maker Garmin for 2013 Massachusetts Bus Crash, Boston Car Accident Lawyer Blog, January 27, 2015

February 9, 2015

Wheelchair Lift Manufacturer Faces $1.75M in Penalties for Selling Knowingly Selling Defective Lifts

Wheelchair manufacturer Ricon Corp., is being forced to pay $1.75 million in civil penalties and has agreed to increased oversight by the National Highway Traffic Safety Administration after it continued to sell defective wheelchair lifts, despite having issued a recall due to a potential fire hazard.

The company has agreed to a consent order including the penalty and an admission that it violated the Traffic and Motor Vehicle Safety Act by selling the defective equipment and violated federal safety regulations by failing to promptly notify NHTSA that it had done so.

“This company’s failure to protect the public from a product known to be a safety risk is absolutely unacceptable,” NHTSA Anthony Foxx said. “Manufacturers must meet their safety obligations, and when they don’t, we will be there with strong enforcement action.”

Ricon has recalled more than 4,000 wheelchair lifts that it sold to manufacturers of vans and buses since September 2012. The recall was issued to fix a defective cable had the potential to spark a fire. In June of 2013, the NHTSA began contacting bus and van manufacturers who used Ricon wheelchair lifts to make sure they were aware of the recall. According to the NHTSA, Ricon was asked when it had ceased producing the defective lifts, but the company had allegedly failed to respond to repeated requests for the information.

Continue reading "Wheelchair Lift Manufacturer Faces $1.75M in Penalties for Selling Knowingly Selling Defective Lifts " »

February 6, 2015

New Rules Allow Frail Elders to Continue Residing in Massachusetts Assisted Living Facilities

New regulations unveiled by Massachusetts regulators will let frail elderly residents continue to live in assisted living facilities. The regulations include the protections for these residents, including a mandate for expanded facility staff training and detailed facility evacuation plans in the event of extreme weather or some other emergency situation.

The decision by the state accommodates the very elderly who once would have moved to a nursing home because of their frail health. Now, however, many of them have been opting to stay at assisted living facility. This has resulted in an increasingly frail population in communities that are loosely regulated.

There had even been a provision under consideration that would have barred assisted living facilities from taking in residents or allowing them to stay if they needed over 90 days of skilled, consecutive nursing care. Currently, there are approximately 14,000 residents living in some 225 assisted living facilities.

Unfortunately, it is the frail and elderly who are the most vulnerable to Boston nursing negligence and abuse. Inadequate staff training and insufficient staffing are two of the more common reasons why, as well as that the very old and frail residents are usually the ones who are too weak or sick or mentally impaired to report the abuse when it happens. In Massachusetts, please contact Altman & Altman, LLP if you think your loved one is the victim of Boston assisted living abuse or neglect.

The new regulations mandate for better staff training in learning how to identify and report elder abuse, as well as techniques for managing and dealing with aggressive patient behavior, which is common in patients suffering from dementia. However, no requirement was given for a staff number minimum.

Improper assisted living care and nursing abuse can result in serious injuries, emotional trauma, and deaths for residents. If you suspect that your loved one is not getting the necessary care or attention needed at a Massachusetts nursing home our assisted living facility, contact Altman & Altman, LLP today.

New rules to let frail elders stay in assisted living, The Boston Globe, February 6, 2015

Massachusetts Assisted Living Association

Executive Offihttp://shop2give.us/1b8JeC6ce of Elder Affairs, Mass.gov


More Blog Posts:
Northampton Woman Criminally Charged, Accused of Massachusetts Nursing Negligence, Boston Injury Lawyer Blog, December 27, 2014

Consolidation of Xarelto Injury Lawsuits Gets Opposition from Bayer, Johnson & Johnson, Massachusetts Drug Injury Lawyers Blog, December 5, 2014

Monday Promising More Inclement Weather: Tips for Staying Safe on the Roads, Boston Car Accident Lawyer Blog, January 31, 2015