Boston Injury Lawyer Blog

The uses of the iPhone and its myriad apps—aiding travel, entertainment, and even weight loss—are countless. Yesterday, however, the iPhone served a particularly noble cause: helping arrest a suspect in a robbery at an MBTA station. According to news reports, on Tuesday, a woman reported that around 9:30pm she was at the Beaconsfield T station on the MBTA’s D Line when she was pushed from behind and had her face pressed against the wall. The woman gave up her purse upon the robber’s demand—turning over her money, checkbook, keys, iPod, and iPhone.

Thanks to the iPhone’s “MobileMe App,” however, the police were able to track down a suspect in the robbery within a few hours. This application apparently permits the iPhone’s user to track the phone—as long as it’s turned on—in real time. After initially reporting the incident to the police, the woman began to track the movement of her phone (and thus the suspect) using this app. She reported the phone’s movements to the police, who used this information to spot a teenager matching the woman’s description of the robber and who was carrying a phone. Indeed, the teen was carrying the woman’s iPhone. Since the teenager is considered a juvenile, his name has not been released.

Similar incidents of iPhone apps—including the “Find my iPhone” app and the iPhone’s GPS—aiding law enforcement in catching burglars and felons have been reported in other states. Along with these tracking devices, specific iPhone apps have been designed to aid law enforcement, including the Miranda Warning, Vehicle Identification System, “Spanish for Police,” and DUI Warning and Test Instructions.

Robbery is an all-too-frequent offense in Boston. If you have been the victim of a robbery, or have suffered personal injuries from an attack by a robber, a Massachusetts lawyer can help you recover what you deserve.

iPhone app helps Brookline Police arrest T stop robbery suspect, Boston.com, January 25, 2012

Police iPhone Apps, policeiphoneapps.com

According to news reports, a propane tank exploded at Weston High School today at a construction site. Neither the high school building—apparently about 25 feet from the propane tank—nor any student was affected by the explosion, and the fire was quickly extinguished. A 50-year-old construction worker, however, did appear to receive second-degree burns on his face, hands, and knee from the explosion and was immediately brought to Boston’s Brigham & Women’s Hospital. The cause of the explosion is current unknown, but is being investigated.

Construction sites are prime locations for injuries to occur, since they are often contain heavy equipment like forklifts and cranes, scaffolding, electrical equipment, and hazardous substances, along with dust and fumes. Construction workers thus risk falling from great heights, being crushed by heavy equipment, or being exposed to unsafe toxic chemicals.

Workers who are injured on the job, or who believe their work environment poses safety hazards, may file a complaint to have OSHA (Occupational Safety and Health Administration, a division of the U.S. Department of Labor) investigate your case.

Depending up on the cause of a propane tank explosion or other construction accident, you may be able to hold another—such as the construction company, the tool or equipment designer or manufacturer, or another negligent employee—accountable for your injuries. An experienced Boston construction and personal injury lawyer can provide you with insight into your legal options.

One worker hurt when propane tank explodes at Weston High School construction site, Boston.com, January 24, 2012

Propane Explosion at Weston High School, Patch.com, January 24, 2012

According to media reports, firefighters removed a mother and three children—suffering the effects of carbon monoxide poisoning—from their Hyde Park home on Monday morning, and transported them to a local hospital. Apparently, the family had contacted the Boston fire department on Sunday night because the family’s carbon monoxide detector had gone off. Upon reaching the house, however, the fire department’s meter did not read any levels of carbon monoxide inside, so the department advised the family to replace the battery in its detector.

On Monday morning, however, the mother and her three children all felt sick, and were removed from the house and taken to the hospital. The four individuals are expected to return home from Mass General Hospital on Monday night. An investigation into whether the fire department’s detector was faulty or malfunctioning is being conducted.

According the U.S. Environmental Protection Agency (EPA), carbon monoxide can kill people before they are even aware of its presence, since it is a colorless and odorless gas. At low concentrations, the gas can cause dizziness, chest pain, fatigue, nausea, headaches, and flu-like symptoms. At higher levels, it can cause loss of consciousness, impaired vision, angina, and death. However, symptoms vary not only upon level of concentration, but also upon length of exposure to the gas as well as a person’s age and health.

Carbon monoxide is most frequently produced by engine fumes, wood and kerosene heaters, charcoal grills, and motor vehicle exhaust. To reduce the risk of exposure to toxic fumes, the EPA urges people to turn off cars when inside the garage, and to carefully check gas appliances, wood stoves, and central heating systems to ensure proper maintenance and ventilation.

Property owners have the responsibility to ensure their premises are safe, which includes ensuring proper protections against carbon monoxide poisoning are in place. Along with an owner’s family to monitor and maintain carbon monoxide safety, carbon monoxide exposure and poisoning can result from defectively manufactured detectors that fail to go off. If you or a loved one has suffered from carbon monoxide exposure and/or poisoning, contact a Boston personal injury lawyer today to seek justice and recovery.

Mother, three children from Hyde Park taken to hospital after carbon monoxide exposure, Boston.com, January 23, 2012

Carbon monoxide drives four from Hyde Park home, Boston Herald, January 23, 2012

According to Boston fire officials, a Hyde Park mom and her three kids were treated at Massachusetts General Hospital today after they suffered from carbon monoxide poisoning. The four of them were removed from their residence this morning.

Fire Department spokesman Steve MacDonald said they were called to home the evening before after the CO detector went off. However, when firefighters arrived at the residence, they did not detect carbon monoxide in the air and they advised the family to change the detection device’s battery.

The home’s owner, Jean Louisia, said that police might not have been able to detect the CO because he had opened the windows. Later that evening, the device went off again and Louisia unplugged him.

It wasn’t until around 6:30am this morning while Louisia was driving to work that his 20-year-old daughter called to express concern that her mom and siblings weren’t feeling well. (Firefighters that arrived at the scene this morning recorded high carbon monoxide readings on the premise.)

Carbon Monoxide Poisoning
Because you cannot smell or see carbon monoxide, it can creep up on a victim without his/her knowing, causing serious injuries, including brain damage, and even death. Nonelectric boilers, fuel-fired furnaces, certain types of space heaters, ovens, gas stoves, other appliances that use gas, or a vehicle left running in the garage can cause carbon monoxide poisoning in the home. The wintertime, when a lot of these appliances are in use, is when many CO poisoning accidents happen. Appliance malfunction or the external vent to a fuel-burning appliance getting clogged up by snow are just two reasons why too much carbon monoxide might leak into the air.

Depending on the source of the carbon monoxide leak, there may be someone that should be held liable for the injuries sustained by you or your loved ones. An experienced Boston injury lawyer can help you explore your legal options.

Mother, three children from Hyde Park taken to hospital after carbon monoxide exposure, Boston.com, January 23, 2012

Carbon monoxide drives four from Hyde Park home, Boston Herald, January 23, 2012

Protect Your Family and Yourself from Carbon Monoxide Poisoning, EPA

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

Sterling Man Sues Strip Club for Worcester Personal Injury Over Alleged Beating By Club Employee, Boston Injury Lawyer Blog, March 18, 2011

4-Year-Old Dudley Boy Dies in Auburn, Massachusetts Escalator Fall Accident, Boston Injury Lawyer Blog, March 16, 2011

A raging Massachusetts fire at a three-story Allston house early this morning has sent seven Boston University students to the hospital. A few people had to jump out off a top floor window to escape to safety. At least one person is in critical condition.

The Boston Fire Department says the fire is under investigation to determine its cause. The building is listed as a single-family home with the Assessing Department. However, fire officials said that the structure had been turned into apartments with students residing on different floors, including the attic and the basement.

It is not known at this time whether the building had working fire detectors. The damage to the building from the Boston fire was so severe that it will likely be torn down.

Unfortunately, fire accidents do happen and thousands of people are injured and killed as a result. According to the US Fire Administration, 16,705 people were injured and 3,320 others killed in 2008 in the US alone. 84% of civilian fire fatalities took place in residences. There were over 1,400,000 reported fires that year. 36% of them were structure fires.

If you or someone you love suffered burn injuries or other injuries fire that you believe was caused by another party’s negligence or could/should have been prevented, you should talk to a Boston injury lawyer immediately. Common causes of building and residential fires:

• Faulty wiring
• A fire left on accidentally and/or without supervision
• A candle knocked over
• A defective electrical product that malfunctioned
• Lighting equipment or electrical system malfunction

It is the responsibility of property owners to make sure that their premises do not have any foreseeable fire hazards and that there are proper fire prevention and safety measures in place. This could include working fire alarms, fire extinguishers, and (when buildings are involved) fire escapes and/or fire exits. That said, property owners are not the only one that may be held liable in the event of Massachusetts burn injuries or deaths resulting from a fire. For example, the manufacturer of a defective electrical product could be held liable, as the operator of the business where a fire broke out.

Students leap from upper floor of Allston building to escape fire; one critically injured, Boston.com, January 22, 2012

Seven BU students hurt in raging fire, Boston Herald, January 22, 2012

More Blog Posts:
Electrical Issue May Have Cause Fatal Westfield, Massachusetts Fire that Killed Elderly Couple, Boston Injury Lawyer, February 18, 2011

Quincy Apartment Where Fire Killed Father and Two Children Was in Illegal Basement and Didn’t Have Sprinklers or Working Smoke Alarm, Boston Injury Lawyer Blog, September 3, 2009

58 Fire Fatalities in Massachusetts in 2007, Boston Injury Lawyer Blog, January 4, 2008

Continue reading "Seven Boston University Students Injured in Allston Apartment Fire" »

This past weekend, there were at least two reported incidents of individuals falling through ice into the frigid water below. The winter weather this weekend—the first major snowfall in the state this year—appeared to bring many people outside to engage in winter sports such as skiing, ice skating, and snowmobiling. Unfortunately, along with flurries and fun came falls and freezing temperatures.

First, according to news reports, three men were snowmobiling in Dudley when they fell through ice on Hayden Pond. Two of the men quickly emerged from the freezing water, but the other remained under water for 15 minutes until he was rescued. Sadly, updated reports indicate that this 27-year-old man from Southbridge, MA, though rushed to the hospital, did not survive the freezing temperatures. Our sympathies are with his family and friends.

A second incident, according to media reports, occurred today in Arlington, when firefighters rescued two adults and a child who had fallen through ice. The three individuals were apparently about 25-30 feet from shore at Spy Pond—a popular skating area in the winter—even though the pond had not fully frozen over. The health conditions of the adults and child are not yet known.

As public officials have done, we urge you to take extreme precautions when engaging in outdoor winter activities. Despite the pleasures of outdoor ice skating, indoor rinks may be the only always-reliable skating rinks. Icy and snowy conditions, when combined with poor judgment and risky behaviors, can result in serious injuries, including hypothermia, brain damage, broken bones, and death. Enjoy the snow, but enjoy it with care!

If you believe you have unfairly suffered poor health or injury from a winter weather accident in Massachusetts—for instance, due to the negligence of others or a failure to warn about dangerous conditions—an experienced Boston and Cambridge personal injury attorney can help you seek financial recovery.

Three rescued by Arlington firefighters after falling through the ice in Spy Pond, police say, January 22, 2012.

Southbridge man, 27, dies after falling through ice while snowmobiling at Dudley pond, Boston.com, January 22, 2012.

Three people fall through ice while snowmobiling in Dudley, Fox 25/MyFoxBoston.com, January 21, 2012.

According to a recent study, baby aspirin may not be good for everyone. While close to a third of middle-aged Americans take this medication on a daily basis to prevent stroke or heart attack or reduce the risk of cancer, for some the risks of aspirin may outweigh any benefits.

You can find out more about these findings in the Archives of Internal Medicine. Researchers analyzed several studies about the use of aspirin in Europe, the US, and Japan that involved over 100,000 participants. Subjects had never suffered a stroke or a heart attack and they had been given either a placebo or actual aspirin to help determine the latter’s benefits.

The New York Times, which published an article about the study, said the researchers reported that although people who took aspirin regularly had a 20% less chance of suffering a nonfatal heart attack and a 10% less chance of having any kind of heart event, the risks for at least some good be greater than the benefits. People who took aspirin had a 30% greater likelihood of experiencing gastrointestinal bleeding. Also, the study did not find cancer prevention to be a resulting side effect of taking aspirin regularly.

Also, while many believe that aspirin protects from stroke and heart attack because it acts like a blood thinner, thinning out the blood can lead to brain bleeding and gastrointestinal bleeding. Some medical professionals have said that the risk of bleeding from taking aspirin may rise as a person grows older. Also, while taking aspirin can reduce pain, fever, and inflammation, this effect may reduce the stomach’s protective layer, potentially upping the risk of ulcer.

It is a good idea to consult with your doctor to determine whether taking aspirin is best for you. That said, if you believe that you suffered health complications or illness from taking an over-the-counter drug, a medication that a doctor prescribed to you, and/or one that a drug manufacturer failed to provide adequate warning about the side effects involved, you may have grounds for a Boston personal injury case on the grounds of Massachusetts medical malpractice or products liability/dangerous drug.

Daily Aspirin Is Not for Everyone, Study Suggests, New York Times, January 16, 2012

Archives of Internal Medicine

Dangers of Taking Aspirin Daily, The Wall Street Journal, February 23, 2010

More Blog Posts:
Adverse Reactions to Diabetes Meds, Antiplatelet Drugs, Blood Thinner, and Insulin Linked to Elderly Seniors Ending Up in the ER, Reports New Study, Boston Injury Lawyer Blog, November 26, 2011

Boston Personal Injury?: Use of Psychotropic Drugs Can Prove Fatal for Some Elderly Patients, Boston Injury Lawyer Blog, March 30, 2011

Man Awarded $48.1M Dangerous Drug Verdict in Products Liability Lawsuit Over Motrin, Boston Injury Lawyer Blog, October 7, 2011

More Blog Posts:

Continue reading "Aspirin Causes Some People More Harm than Good, Says Study" »

News reports indicate that a Stoneham, Massachusetts man was hit by a sports utility vehicle when running across Interstate 93 in Somerville this week. The man’s car was apparently damaged, due to the overnight winter weather and icy roads, and he stopped his car in the left hand lane. He apparently then ran across four lanes of I-93 and was hit by a 2010 Ford Explorer registered to WHDH-TV. The man was taken to the hospital and is suffering from life-threatening injuries. This incident is among multiple recent crashes that have been caused by the icy road conditions and snowfall.

Car spinouts and crashes are a too-frequent occurrence during cold, snowy, and icy Boston winter weather. For the safety of other drivers and pedestrians, and for your own personal safety, please drive with particular caution this weekend and over the next few months of winter weather. If you have been injured in a car accident in Massachusetts, an experienced Boston and Cambridge car and truck accident attorney can help you seek financial recovery.

Stoneham man seriously injured running on I-93; may be one of several crashed caused by winter storm, Boston.com, January 17, 2012.

According to media reports, a 49-year-old Plymouth man is facing his eighth charge of drunk driving—also referred to in Massachusetts as Operating Under the Influence (OUI). A habitual traffic offender, Edward Wright was arrested last night and charged with an OUI, a marked lanes violation, and operating with a revoked license. Reports indicate that his license had been revoked for 10 years due to consistent traffic offenses. Fortunately, no one appears to have been injured as a result of Wright’s alleged conduct.

Massachusetts courts view drunk driving and drunk driving accidents very seriously, as do we. If you have been injured by a drunk driver, an experienced Boston and Cambridge OUI accident attorney can help you through the process of filing a claim and seeking financial recovery. Although we hope that state and federal crackdowns on drunk driving will limit the number of accidents caused by OUI, our Boston personal injury lawyers are here to represent victims and their families injured by a drunk driver.

Plymouth man faces eighth drunk driving charge after arrest last night, Boston.com, January 18, 2012.

The New England Conservatory has admitted that it failed to abide by its own policy to protect kids when it hired a vendor as a school videographer and didn’t conduct the request background checks. Although in November 10 the acclaimed school started screening all vendors, in addition to volunteers and staff, it didn’t check Peter E. Benjamin, who had been freelancing at the conservatory for at least 10 years.

The background checks are part of Massachusetts’ new requirements for large institutions that primarily work with children. If conservatory officials had done a check on the 68-year-old, they would have discovered that he served five years in prison for sex abuse and rape during the 1990’s and he is a classified Level 2 registered sex offender. Charges against him involved recording himself in sexual acts with three teenage males and behaving in a predatory manner toward boy adolescents.

Last week, the school e-mailed about 6,000 ex- and current students and their families to let them know that it learned last month that Benjamin was a convicted sex offender. They’ve since fired faculty member Benjamin Zander, who has admitted that he knew about the videographer’s past.

Benjamin, however, has said that he didn't anything improper or inappropriate.

Schools are responsible for making sure that they people they hire don’t pose any threat to kids and faculty. When failure to take the appropriate actions of due diligence results in a child becoming the victim of a violent crime, the school can be held liable for Boston personal injury.

Massachusetts sex abuse can cause serious emotional, physical, and psychological damage to a child that can haunt him/her for life. Many kids are too scared to immediately report abuse incidents. Some may even repress the memory of what happened for years. (Fortunately, the state allows for adults who come forward later to seek damages for molestation or assault that occurred when they were children as long as it is within three years of discovering that the child sex abuse caused the personal injury.)

School says it failed to check into offender, Boston.com, January 15, 2012

More Blog Posts:
Dorchester, Massachusetts Child Sex Abuse?: Teacher's Assistant Accused of Lewd and Lascivious Behavior Involving Disabled Student, Boston Injury Lawyer Blog, December 13, 2011

$3M Boston Clergy Sex Abuse Judgments Awarded to Two Victims, Boston Injury Lawyer Blog, October 25, 2011

Salem, Massachusetts Sex Abuse Lawsuit Seeks Damages from Revere Van Company for Four Children, Boston Injury Lawyer Blog, September 30, 2011

Continue reading "New England Conservatory Hired Videographer Who Was Convicted Sex Offender" »

The Food and Drug Administration has written to 33 medical device manufacturers directing them to conduct three-year study into the health complications that may arise from using transvaginal mesh. Between just 2008 and 2010, the federal agency received 1503 reports of adverse occurrences, which is fivefold greater than the two previous years.

Hundreds of women have come forward to file products liability lawsuits over their vaginal mesh implant-related injuries claiming. In Massachusetts, if you are someone who believes that your health complications are a result of your transvaginal mesh procedure, contact our Boston defective medical device law firm immediately.

A medical device of choice for treating stress urinary incontinence and pelvic organ prolapse, transvaginal mesh has been linked to organ damage, chronic pain, urinary tract infection, perineal cellulitis, infection, organ perforation, painful intercourse, and even death. Also, last year the FDA reported it couldn’t confirm that vaginal mesh provided any added benefits compared to other procedures and devices used to treat the same health issues.

Boston Scientific, Johnson & Johnson, and CR Bard Inc. are three of the 33 medical device makers who received letters from the FDA calling for the studies. The federal agency wants the manufacturers to study vaginal mesh devices that are currently available for use. (Transvaginal mesh products that aren’t in the market yet don’t have to be included in the study.)

Because vaginal mesh products get their FDA approval through the 510(k) system, they don’t have to be tested on humans first because they are already similar to a medical device that was already approved. It is important to note, however, that the Boston Scientific vaginal mesh device that was FDA approved was recalled over a decade ago.

Transvaginal Mesh
This kind of mesh is a surgical mesh (usually made from polypropylene or polyester). It is often used as a bladder or pelvic sling, to strengthen the vaginal wall and/or provide support to organs that have been displaced. Unfortunately, when health complications arise as a result of transvaginal mesh, the patient may have to undergo additional surgeries and more complications can arise.

J&J, C.R. Bard Must Study Safety of Vaginal Mesh, FDA Says, Bloomberg, January 5, 2012

Looking Into Problems With Transvaginal Surgical Mesh, FDA

More Blog Posts:
Vaginal Mesh Injuries Lead to Boston Defective Medical Device Lawsuits, Boston Injury Lawyer Blog, September 22, 2011

Boston Products Liability?: FDA Considering Tougher Review Process for Mesh Products, Boston Injury Lawyer Blog, August 30, 2011

Defective Medical Device?: Transvaginal Mesh to Treat Pelvic Organ Prolapse May Cause Health Complications, Warns FDA, Boston Injury Lawyer Blog, July 15, 2011

Continue reading "Transvaginal Mesh: FDA Wants Manufacturers to Conduct Three-Year Studies on Complications" »

According to a report published by the Highway Loss Data Institution in January 2012, talking on a hand-held cell phone is banned in 10 states and in Washington, D.C. This group includes several states in the Northeast region of the country, including Connecticut, Delaware, Maryland, New Jersey and New York. Massachusetts is not among the listing, although the state legislature has recently been debating the issue.

Massachusetts banned texting while driving in September 2010, when the Safe Driving Law became effective. The Commonwealth also bans drivers under age 18 from using a cell phone while driving. School bus drivers and passenger bus drivers are likewise banned from using cell phones while driving, for apparent safety reasons. Violations of these laws result in fines and license suspensions. As of yet, however, Massachusetts currently does not have a comprehensive law banning hand-held cell phone use while driving.

Last week, a session of the Joint Committee on Transportation held a cell phone law hearing on the issue of banning handheld cell phones while driving. Various proposed bills recommend a variety of different bans, including:
• use of handheld cell phones by ALL Massachusetts drivers
• use of wireless phones while driving through school zones
• use of cell phones while operating a vehicle in a school zone
• use of hands-free devices while making cell phone calls
• use of cell phones while driving through school zones
• use of cell phones by holders of junior driver’s licenses

According to a 2010 report from the National Safety Council analyzing distracting driving behaviors, at any point in time an estimated 11% of all drivers are talking on cell phones while driving, and approximately 1.4 million crashes in 2008 involved talking on cell phones—which, according to the Council, is greater than the number of accidents due to texting or emailing. Several zealous Massachusetts legislators are keen on expanding MA driving laws to prohibit cell phone use while driving, in an attempt to reduce the number of car accidents each year, although advocates are facing resistance from opponents.

If you have a question about current cell phone laws in Massachusetts, or if you were injured by a driver using his or her cell phone, an experienced Boston car accident attorney can help you through the process of filing a claim.

Hands-Free Info, January 10, 2012

Cellphone and texting laws, Insurance Institution for Highway Safety, January 2012

Safe Driving Law Summary, Massachusetts Department of Transportation - RMV Division

Understanding the distracted brain, National Safety Council, March 2010.