October 30, 2007

Massachusetts Pedestrian is Struck by MBTA Bus in Quincy

A 62-year-old female pedestrian sustained serious leg injuries today after being struck by a MBTA Bus while at the Quincy Center MBTA station in Quincy, Massachusetts.

The bus accident took place at around 6am at the bus pick-up area. According to the bus driver, he was just leaving the bus way, after dropping off passengers, and turning left when the accident happened.

Police are investigating the accident.

Buses are “common carriers.” This means that the bus driver and bus company owes the public the “utmost duty of care” in ensuring that they do not injure pedestrians, bus passengers, or other motor vehicle riders when on the road. Bus drivers and carriers are therefore held to a higher standard of negligence than regular motor vehicle drivers. This is why, if you are injured in a bus accident in Massachusetts, you should speak with an experienced personal injury attorney that knows how to deal with bus crash cases.

Injuries that can be sustained in a bus accident include:

• Broken bones
• Traumatic brain injuries
• Internal injuries
• Neck injuries
• Burn Injuries

Common causes of bus accidents:

• Driver negligence
• Inattention
• Improper maintenance
• Bad weather
• Text messaging and cell phone use while driving
• Defective products

Public buses are usually owned by a local, regional, or state transportation department. Filing for compensation from a government body, a government employee, or its insurance company can be a lot harder to do than filing a claim against the insurance company of a car driver or motorcyclist.

An experienced Massachusetts bus accident lawyer can evaluate your case for you and determine whether you have grounds to file a personal injury claim against the bus driver or bus company or any other negligent parties.

Pedestrian Struck by MBTA bus, the Patriot Ledger, October 30, 2007

Related Web Resources:

Massachusetts Bay Transportation Authority

Continue reading "Massachusetts Pedestrian is Struck by MBTA Bus in Quincy" »

October 26, 2007

Massachusetts Motorcyclist Sustains Serious Injuries In Collision with Car in Falmouth

A 50-year old Mashpee, Massachusetts man was seriously injured in a motorcycle collision in East Falmouth last week after his motorcycle collided with a 2004 Mazda on Sandwich Road.

Michael Pasakarnis, the motorcycle rider, sustained serious injuries and was taken by MedFlight to Boston Medical Center.

The car driver was not in the crash. Police are investigating the injury accident.

If you were injured in a motorcycle crash that was not your fault in Massachusetts, you should speak with an experienced Massachusetts personal injury law firm that is experienced in handling injury cases involving motorcycle-related motor vehicle crashes.

Motorcyclists can become seriously injured when involved in collisions with another motor vehicle—especially as they don’t have anything to protect them from the impact of colliding with a truck, bus, car, bicycle, another motorcycle, the ground, or any non-moving object, such as a wall or a concrete barrier. It is not uncommon for a motorcycle rider to get thrown off his or her motorcycle and get seriously hurt or die.

Although no one has any control over the way other people drive, there are steps that motorcyclists can take to protect themselves when riding on any road in Massachusetts:

• Wear your DOT approved helmet
• Wear goggles or other protective eye covering
• Know how to operate your motorcycle
• Be aware of the traffic rules
• Participate in a motorcycle training course
• Review your owner’s manual
• Develop the proper skill and experience before driving on freeways and winding roads
• Wear gloves, pants, and a jacket as protective clothing
• Avoid wearing sneakers or sandals of flip-flops
• Wear bright or reflective clothing
• Drive defensively
• Assume that other drivers on the road can’t see you
• Drive at a speed that takes traffic and weather conditions into consideration

The statute of limitations for filing a motorcycle collision lawsuit in Massachusetts is three years. It will take time to investigate your case and file your claim, so do not hesitate to contact an experienced Massachusetts personal injury law firm immediately.

Motorcyclist injured in Falmouth collision, Cape Cod Times, October 18, 2007

Motorcycle Safety, NTSA

Related Web Resources:

Massachusetts Statute of Limitations

Motorcycle Safety, FHWA Safety

Continue reading "Massachusetts Motorcyclist Sustains Serious Injuries In Collision with Car in Falmouth" »

October 25, 2007

VA Hospital Surgeon Linked to Medical Malpractice Deaths Also Lost Medical License in Massachusetts

Dr. Jose Veizaga-Mendez, a doctor under investigation for his possible role in 10 fatalities at the VA hospital in Illinois was also accused of medical malpractice when he practice medicine in Massachusetts. His license was revoked in this state following the death of two of his patients. His medical license has now been indefinitely been suspended in Illinois.

In Massachusetts, one patient, Jeronimo Coronado, 58, died of complications from a surgery that Dr. Veizaga-Mendez had performed on him in 2000. The operation was to treat the patient’s heartburn. He died from respiratory failure, infection, and sepsis after the surgery. Massachusetts’ medical board cited surgical error by Veizaga-Mendez. Coronado’s family filed a lawsuit against Veizaga Mendez and settled out of court.

The other patient in Massachusetts was 74-year-old male, who died after undergoing surgery to remove a tumor in his lung in 2002. Dr. Veizaga-Mendez was accused of failing to diagnose that the man was experiencing postoperative bleeding. The patient was not taken to the operating room until the next day. He passed away two days later.

Surgeons, like all other medical providers, are required to provide patients with a certain standard of care. When a surgeon makes a mistake on the job and causes a patient to become more ill or die, the patient or the loved ones of the deceased can sue the surgeon for surgical malpractice or wrongful death.

Examples of Surgical Malpractice:

• Performing the wrong surgery
• Performing the right surgery on the wrong body part
• Delay in performing a necessary surgery
• Failure to properly monitor patient after surgery
• Accidentally leaving forceps, a scissor, a towel, or another surgical tool or item in the surgical patient’s body
• Birthing errors
• Anesthesia errors

Common reasons for surgical mistakes include exhaustion, inexperience, negligence, and operating under the influence of drugs or alcohol.

Surgical errors are serious mistakes that can cause a patient great pain and suffering. Infections, brain injuries, organ damage, and death are some of the catastrophic consequences that can occur. A person may have to undergo more surgeries and take longer to recover because of a surgeon’s mistake.

If you have become ill or sustained injuries because of surgical malpractice or if someone you love has died because a surgeon was negligent or careless in Massachusetts, do not hesitate to contact the personal injury law firm of Altman & Altman LLP.

Surgeon's work questioned in Massachusetts, WQAD, October 12, 2007

Former VA surgeon loses Illinois medical license, Boston.com, October 17, 2007


Related Web Resources:

Surgical Malpractice, Wrong Diagnosis

Medical Malpractice in Massachusetts, Wrong Diagnosis


Continue reading "VA Hospital Surgeon Linked to Medical Malpractice Deaths Also Lost Medical License in Massachusetts" »

October 22, 2007

AP Reports 2,500 Incidents of Teacher Sex Abuse

The Associated Press says that it has found over 2500 cases of sex abuse involving teachers as perpetrators over a five-year period.

Sexually abusing a child is a crime. In addition to trying a predator in criminal court, however, he or she can be held liable in civil court if the victim or his or her family is willing to file a personal injury lawsuit against the abuser. In certain instances, the school or the school district could also be held liable if they could have prevented the abuse from happening but acted negligently—thereby allowing the abuse to happen.

According to a recent AP investigation, many teacher-student sex abuse cases never get reported and the abusers will often have victimized more than one student. Over the course of its seven month investigation, the AP discovered that from 2001 through 2005, 2570 educators had their teaching credentials denied, revoked, sanctioned, or surrendered because of abuse incidents. At least 1801 of the reported cases involved young people. Over 80% of the victims were students. At least 50% of the educators were convicted for sex crimes connected to these sex abuse cases.

Congress says that about 4.5 million of the approximately 50 million students in American schools will likely be abused by a school employee during their time in school.

In one such incident, involving multiple allegations of abuse, Gary Lindsey finally lost his teaching license in 2004—40 years after he was fired from a teaching post for molesting a little girl. After that first reported incident, he was simply rehired at other schools until Jennah Bramow, now 20, sued the schools in Cedar Rapids Iowa for failing to protect her and other students from being sexually abused.

She first came forward with her complaint in 1995. He was forced to retire following her complaint and complaints by two other girls but kept his license until Bramow sued him for and won her sex abuse lawsuit. She was awarded $20,000.

Other victims who had complained about being molested by Lindsay had accepted settlement deals and signed confidentiality agreements. Many of them say that Lindsey was reprimanded by different principals for his behavior but the records were always filed away.

Teachers, coaches, counselors, psychologists, teaching assistants, superintendents, and principals are not allowed supposed to sexually abuse the students placed under their care. Unfortunately, some of them do. Rape, molestation, distributing pornography, engaging in lewd behavior and making a student watch, sodomy, verbal harassment, inappropriate kissing, touching or hugging, and getting involved in a romantic or sexual relationship with a minor are all forms of sex abuse.

AP: Sexual Misconduct Plagues US Schools, ABC News, October 21, 2007


Related Web Resources:

Teacher Sex ABuse: Hard to Predict, CBS News, February 15, 2007

Child Sexual Abuse, Medline Plus

Continue reading "AP Reports 2,500 Incidents of Teacher Sex Abuse" »

October 19, 2007

Massachusetts Family of Boy With Cerebral Palsy Wins $26.5 Million Medical Malpractice Lawsuit

A Suffolk County, Massachusetts jury has awarded the family of 10-year-old Jose Bejarano Jr. $26 .5 Million because birthing errors caused him to have cerebral palsy.

His family say that they will use the money to give them the resources they need to care for their son at home. Jose, Jr. eats through a feeding tube, is wheelchair-bound, only communicates through his eyes, and will never be able to take care of himself.

Jose, Jr. will never speak or walk and requires 24-hour-care because of his birth injuries. The damages are being sought from two Brigham and Women’s Hospital physicians, who are accused of not recognizing that Jose, Jr. was in fetal distress during his March 14, 1997 delivery and neglecting to perform a Caesarian operation in time.

Cerebral palsy is caused when there is permanent brain injury to a fetus before, during, or after delivery. A person with cerebral palsy will have a difficult time controlling his or her movement and muscles. Cerebral palsy can lead to spasms, seizures, learning disabilities, visual problems, and hearing problems.

Unfortunately, some cases of cerebral palsy could have been prevented, had errors not occur during delivery of the baby. Common medical malpractice errors during delivery that can cause cerebral palsy:

• Leaving a child in the birth canal for too long a time
• Excessive or improper use of vacuum extraction
• Failure to notice that the baby’s umbilical cord is wrapped around the neck
• Failure to properly monitor for fetal distress
• Failure to plan for or perform a caesarean section surgery in time
• Incorrect use of forceps
• Failure to properly treat meningitis
• Failure to treat jaundice

If a doctor, nurse, obstetrician, or another medical provider made a mistake that caused your child to have cerebral palsy, you should contact an experienced Massachusetts medical malpractice lawyer immediately.

You and your family deserve compensation for the injuries that your child sustained. Your compensation may allow you to provide your child with proper medical care and resources he or she will need to live with cerebral palsy.

Kin get $26M in malpractice lawsuit over botched birth, Boston Herald, October 13, 2007

Related Web Resources:

Cerebral Palsy Information

Brigham and Women's Hospital

Continue reading "Massachusetts Family of Boy With Cerebral Palsy Wins $26.5 Million Medical Malpractice Lawsuit " »

October 18, 2007

Boston University Steps Up Campus Security After Dorm Rape

Boston University is increasing security measures following a rape that occurred in the Warren Towers campus dorm on September 30. The rape victim was a guest of one of the students living on the all-women floor of the co-ed dorm. She says she was raped in one of the dorm’s bathroom stalls.

Boston University Police (BUPD) is now conducting random security patrols of Warren Towers and other large dorm units on campus.

The owners and managers of public and private properties, including dorm buildings, college campuses, nightclubs, hospitals, banks, parking lots, shopping malls, coffee shops, and office buildings, are legally obligated to provide adequate and proper security if they know that people will live, visit, or do business on a premise. Failure to do so can be grounds for personal injury or wrongful death liability if a crime occurs on the premise and someone is injured or killed.

The National Center for Victims of Crime says one out of every four women in college either has been raped or was nearly raped. Many rape incidents go unreported.

2003 Rape Statistics on US Campuses:

• 2581 people were victims of forcible sexual offenses on campus
• 1808 people were sexually assaulted in campus residence halls
• 367 students were sexually assaulted off-campus

In Massachusetts, if a person is raped, robbed, or physically assaulted on a premise by a third party because the property owner or manager did not provide the proper security that could have prevented the crime from occurring, the property owner or manager could be held legally responsible.

Other grounds for premises liability claims and lawsuits include slip and fall accidents, falling merchandise injuries, and exposure to toxic or hazardous substances.

Police have no leads in sexual assault case, The Daily Free Press, October 16, 2007

Rape in BU dorm leads to heightened school security, WHDH.com, October 2, 2007

Forcible Sex Offenses, US Department of Education


Relatd Web Resources:

Rape on Campus, Rapis.org

Warren Towers, Boston University

Continue reading "Boston University Steps Up Campus Security After Dorm Rape" »

October 16, 2007

Massachusetts Doctor and Hospital Worker Are Dead and Six Others Injured After Patient Drives Car Into Brockton Radiation Center

A Massachusetts doctor and a hospital secretary are dead following Monday’s tragic car accident involving a cancer patient who accidentaly drove her Oldsmobile into Brockton Hospital’s radiation center.

76-year-old Rockland resident Jane Berghold crashed her car through a glass door and into the center. She is a breast cancer patient at the center. Berghold was going to the hospital to give an X-ray Dr. Mark Vasa, to her radiation oncologist, who was Vasa was killed in the accident. Vasa was the chief radiation oncologist in charge of the center.

Susan Plante, a 60-year old hospital secretary who had worked at the hospital for two decades, died because of the catastrophic internal injuries she sustained in the crash. She had been taken to Massachusetts General Hospital. Two other hospital employees working at the reception desk sustained injuries.

Robert Berghold, Jane Berghold’s husband, says that his wife has a solid driving record and was never involved in a major car accident before this one.

Senior Drivers
Statistically speaking, senior drivers over 75 years of age tend to be at higher risk of being involved in car accidents than their younger counterparts, by 37%--whether as accident victims or as the driver responsible for the motor vehicle accident. Poor vision at night, drowsiness from medication, confusion, impaired memory, and decreased motor skills can easily affect the driving skills of some elderly drivers.

In Massachusetts, about 7,500 seniors over 68 years of age either lose their license after failing a road or eye test or they let their license expire. That said, many drivers 60-70 years of age are also considered to be among the safest drivers. Some states have specific driving laws focusing on elderly drivers. Massachusetts does not have a special driving law for seniors.

If you were injured or someone you love was killed in a car accident that was someone else’s fault, you may be able to file a personal injury or wrongful death claim or lawsuit against the negligent party.

Speeding, talking on the cell phone or text messaging while driving, drunk driving, aggressive driving, reckless driving, or careless driving are also common causes of motor vehicle crashes—regardless of a person’s age. A defective motor vehicle part, such as faulty tires or defective breaks, or a defective motor vehicle can also result in car accidents where a passenger or bystander can get injured or killed. In these instances, the motor vehicle manufacturer could be held liable in a products liability lawsuit.

Second person dies after car crashes into Brockton Hospital, Boston.com, October 16, 2007

Second Death Confirmed In Hospital Car Crash, WCVB.com, October 16, 2007

How Old Is Too Old Behind The Wheel?, AP, July 17, 2003

Senior Citizen Drivers: Are They Menace? Should Licensing Laws Be Tougher?, Senior Journal, June 16, 2005


Related Web Resources:

Brockton Hospital

Continue reading "Massachusetts Doctor and Hospital Worker Are Dead and Six Others Injured After Patient Drives Car Into Brockton Radiation Center" »

October 12, 2007

Medicine Makers Voluntarily Pull Dimetapp, Pediacare, Little Colds, Triaminic, Robitussin, and Tylenol Infant Cold Medicines

Makers of Dimetapp, Pediacare, Little Colds, Triaminic, Robitussin, and Tylenol are pulling their infant cold medicine products from stores. The medicine makers claim that the medicines are safe for use, but they were concerns that parents could misuse the medicines by accidentally overdosing their children. The voluntary withdrawal follows the Food and Drug Administration’s recommendation that all over-the-counter cold and cough medications for children younger than two years of age be banned.

The Consumer Healthcare Products Association also is recommending the ban. However, many medicine makers are continuing to manufacture and market these types of products and make them available in the market.

More than 800 over-the-counter pediatric medicines for coughs and colds are available. Before July 15, at least 41 million units had been sold in the U.S. While the industry claims that these medicines are safe when administered properly, others are worried that they could be dangerous.

Between 1969 and 2006, 114 children died from taking cough or cold medicines. Children also sustained injuries from taking too large a dose. However, one case at the Poison Control Center of the Children’s Hospital of Philadelphia reported four incidents of lengthy hallucinations by kids that had taken the recommended dose.

The FDA says there are 69 reported deaths of children who had taken antihistamines when they had runny noses. It also cited 54 deaths caused by decongestants sold over-the-counter. In Maryland, 900 children younger than four years of age reportedly overdosed on infant cough and cold medicine.

List of Medicines Pulled from the Marketplace:

Tylenol
• Concentrated Infants’ Drops Plus Cold & Cough
• Concentrated Infants’ Drops Plus Cold

Robitussin
• Infant Cough DM Drops

Little Colds
• Multi-Symptom Cold Formula
• Decongestant Plus Cough

Dimetapp
• Decongestant Infant Drops
• Decongestant Plus Cough Infant Drops

Triaminic
• Infant & Toddler Thin Strips Decongestant Plus Cough
• Infant & Toddler Thin Strips Decongestant

Pediacare
• Infant Dropper Decongestant & Cough
• Infant Dropper Decongestant
• Infant Drops Decongestant
• Infant Dropper Long-Acting Cough
• Infant Drops Decongestant & Cough

Baltimore health commissioner Joshua Sharfstein says that it is unreasonable for medicine makers to claim that products are safe for use when taken as suggested because they don’t offer recommended doses for children younger than age two.

Side effects associated with over-the-counter medication can include irritability, sedation, allergies, and heart abnormalities.

Dr. Sanjay Gupta from CNN recommended that infants with coughs and colds be treated with saline nose drops, hydrators, chicken soup, vaporizers, and fluids.

Pharmaceutical companies are supposed to ensure that the over-the-counter and prescription drugs that they make for users are safe for use when taken properly. They are also supposed to provide proper instructions and warnings on their labels. Failure to do any of this can turn a common over-the-country medication into a dangerous drug and lead to injuries or deaths. The pharmaceutical company that manufactured the dangerous medication can be held liable for personal injury or wrongful death.

Makers pull cold medicines sold for infants, CNN.com, October 12, 2007

Makers Pull Infant Cold Medicines, New York Times, October 11, 2007


Related Web Resources:

FDA

Consumer Healthcare Products Association

Continue reading "Medicine Makers Voluntarily Pull Dimetapp, Pediacare, Little Colds, Triaminic, Robitussin, and Tylenol Infant Cold Medicines " »

October 10, 2007

Three Construction Workers in Massachusetts Sustain Injuries in Scaffolding Fall

In Swampscott, Massachusetts, three construction workers were sent to local hospitals on Tuesday after the scaffolding that they were standing on fell, causing the workers to drop two stories to the ground. The three men had been roofing a new home when the bracket that was holding the planks of the scaffolding in place punched through a wall.

Swampscott police Chief Ronald Madigan says the bracket appeared to be attached to the wall of the house but that there did not appear to be a stud on the inside that could support the workers’ weight. Police Chief Ronald Madigan said the cause of the fall accident appeared to be “an improperly placed support.” OSHA, the Occupational Safety & Health Administration, is investigating the accident.

The three men injured in the accident were Gloucester resident John Goslin, Kevin Kuppim, of Beverly, and Tim Shennet from Exeter, New Hampshire. According to police, one of the men temporarily lost consciousness after the fall.

The name of the roofing company is A.F. Construction. The 2500 square foot home where the accident occurred is being constructed on a hill.

Although construction workers generally cannot sue their employers when they are injured on the job because of benefits they are entitled to through workers’ compensation, there may be other parties that can be held liable for a construction worker’s injuries, pain, and suffering. For example, if a person is injured on the job because of a defective piece of construction equipment or machinery, the manufacturer, distributor, assembler, or seller of the product could be held liable for allowing the defective product to enter the marketplace.

Defective products claims and lawsuits fall under products liability law, which holds manufacturers, retailers, and distributors legally for making sure that their products that enter the marketplace are safe for use and will not injure or kill any consumers—if the product is used properly. Injury or death because of a defective machine, a contaminated food product, a defective toy, a faulty electronic item, a defective car part, or any other consumer item is grounds for a products liability claim or lawsuit.

If you have been injured in a construction accident in Massachusetts, you should speak with an experienced workers’ compensation attorney immediately. Your workers’ compensation lawyer can make sure that you receive the maximum benefits that you are entitled to under the law. Your attorney can also evaluate and investigate your case and file a personal injury claim or lawsuit against any negligent parties.

An injured worker has seven months after an injury accident to file a personal injury claim against a third party.

Three workers hospitalized after fall from scaffolding, The Salem News, October 10, 2007


Related Web Resources:

Occupational Safety and Health Administration

Department of Industrial Accidents, Mass.gov


Continue reading "Three Construction Workers in Massachusetts Sustain Injuries in Scaffolding Fall " »

October 8, 2007

Poor Bike Lanes in Boston Increase Injury Risks for Bicyclists

Boston is reportedly one of the most dangerous cities for bicyclists in Massachusetts. Many bike paths are poorly maintained, clotted with leaves and gravel, worn out, and only extend for up to 150 yards or less.

Northeastern University Professor of Civil Engineering Peter Furth says that the local government does not take bike lanes seriously. Last month, however, Boston Mayor Thomas Menino appointed former Olympic cyclist Nicole Freedman as the city’s bike czar. The appointment is part of his efforts to turn Boston into a more bicycle-friendly city. An online map system and 250 new bike racks throughout Boston are included among the first phase of improvements he plans to make.

Bike Czar Freedman says she will lead efforts to review the streets and bike lanes. She also cited enforcement and education as key factors in making sure that the city’s biking facilities are of use to bicycle riders.

Mayor Menino promised stricter fines against motor vehicle drivers that block bike lanes. He also said he would create a series of bike lanes on a number of roads, including Commonwealth Avenue, the Fenway, Massachusetts Avenue, and the Back Bay. The mayor is considering installing bike storage areas, showers, and an automated bike rental system that would allow anyone with a credit card to rent a bike.

Boston is usually listed in Bicycling magazine as one of the least bike friendly cities.

Last April, a bicyclist was killed near Northeastern University on Huntington Avenue in a traffic accident involving two motor vehicles. Studies show that many bicyclists are injured on Boston roads every year—some of these accidents result in deaths. In 2005, 5 cyclists died in traffic accidents; 711 others were injured.

Cambridge, considered a bicycle-friendly area, has a bike lane on Massachusetts Avenue that runs through Central Square but does meet civil engineering standards that are designed to allow cars and bikes to share the roads safely. Because the bike lane stretches out just 12.5 feet from the curb—six inches short of what the ideal extension should be—bicycle riders tend to get too close to parked cars. If a passenger or driver opens a car door and hits the cyclist, the rider could get pushed into oncoming traffic. A bicyclist died in such an accident in 2002.

If you or someone you love was injured while riding a bicycle anywhere in Massachusetts because a car driver, motorcyclist, truck driver, bus driver, or local government agency was negligent, you should contact an experienced Massachusetts bicycle accident lawyer who knows how to properly represent bicyclists injured in a traffic accident.

Menino mounting bid to make city a bicyclist's dream, Boston.com, September 20, 2007

Boston's not the hub of biking safely, Bostonnow.com, September 21, 2007

Related Web Resources:

Bicycle Crash Statistics, Massbike.org

Get your ride on (bike paths), Boston.com, September 20, 2007

Continue reading "Poor Bike Lanes in Boston Increase Injury Risks for Bicyclists " »

October 4, 2007

11-Year Old Massachusetts Pedestrian Dies From Car Accident Injuries

11-year-old Dario Rodriguez, a Massachusetts resident, died on Monday because of injuries he sustained in a car accident.

Dario was struck by a car while he and two children were crossing Route 114 at Winthrop Avenue close to Veterans Memorial Stadium in Lawrence. He was rushed to Massachusetts General Hospital where he was treated for serious head injuries and later died.

The car driver, James Gianni, says that the motor vehicle in front of him stopped to allow the children to cross the street. Gianni says he did not have enough time to step on the breaks. To avoid hitting the other vehicle, he swerved into the right lane and hit Dario.

Police in Lawrence are investigating the fatal pedestrian accident. An accident reconstruction team with the Massachusetts State Police has been brought in to examine the evidence.

If your child was injured or killed while crossing the street as a pedestrian or while riding a bicycle in Massachusetts, you should speak to a personal injury lawyer right away.

According to the National Highway Traffic Safety Administration, there were 4,881 traffic-related pedestrian fatalities in 2005. About 1/5 of those deaths were child pedestrians, 5-9 years of age.

The CDC says that children are reportedly at high risk for sustaining pedestrian injuries because:

• Their small size makes them harder for car drivers, bus drivers, and truck drivers to see.
• Many young children don’t fully understand the way traffic signals work.
• Children are not able to correctly judge how fast a motor vehicle is going or how far away a car actually is from the pedestrian lane.
• Children and drivers can mistakenly assume that the other party is going to yield.
• Many kids walk to school.

Safe Kids Worldwide offers a number of suggestions of what children can do to stay safe on the roads:

• Don’t cross the street alone if you are under 10 years of age.
• Don’t play in the street.
• Walk on sidewalks.
• If you have to walk on the street, face oncoming traffic.
• Wear bright or retroreflective clothing so that drivers can see you.

Even if a child and his or her parents take all the necessary precautions to stay safe on the roads, there is no guarantee that a driver will not behave negligently or carelessly and cause a pedestrian accident to take place.

In Massachusetts, minors cannot file a lawsuit against anyone. The parents or guardian of a child injured or killed in a personal injury accident, however, can file a personal injury or wrongful death lawsuit against any negligent parties.

Sixth grader dies from car accident injuries, Eagletribune.com, October 3, 2007

Safety Tips, Safekids.org

Why are Children at Increased Risk?, CDC.gov


Related Web Resources:

Facts About Injuries to Child Pedestrians (PDF)

Continue reading "11-Year Old Massachusetts Pedestrian Dies From Car Accident Injuries" »

October 1, 2007

Topps Meat Co. Recalls 21.7 Pounds of Ground Beef Because of E. Coli Concerns

Topps Meat Co. has expanded its initial meat recall from 332,000 pounds of ground beef products to 21.7 million pounds. This is one of the largest meat recalls to ever take place in the United States.

The meat company says that the meat being recalled may be contaminated with E. coli 0157:H7, a bacteria that can cause cramps, diarrhea, and other health problems. The U.S. Department of Investigation says it is so far investigating 25 reported illnesses that could be related to the Topps meat products.

Products being recalled include ground beef meat with a “best if used by date” or “sell by date” ranging between 09/25/07 to 09/25/08. The marking “Est. 9748” accompanies the meats’ USDA inspection mark.

Topps says it is working with state departments of health, the USDA, distributors, and retailers to ensure that consumers are safe and protected. The company also says that it is now involving food safety experts and microbiologists in the company’s quality control procedures. It is Topps first recall in its 65 years of business.

E. coli 0157:H7 infection can lead to abdominal cramps bloody diarrhea, non-bloody diarrhea, and fever. With children and older people, E. coli 0157:H7 can sometimes lead to hemolytic uremic syndrome, which can lead to kidney failure.

Food manufacturers, processors, sellers, distributors, and restaurants are legally obligated to produce, process, or serve foods that will not make a consumer ill. Food products must be free from contamination and—if prepared at a restaurant or grocery store—they must be properly prepared so that a person does not get sick or die from eating the food.

Failure to uphold these food standards can be grounds for a products liability claim or lawsuit against all negligent parties if injuries or deaths occur.

In Massachusetts, our personal injury lawyers are committed to making sure that the parties responsible for placing a defective product in the marketplace are held liable for your personal injuries.

21.7 million pounds of meat recalled, CNN.com, September 29, 2007

Topps expands beef recall, CNN.com, September 29, 2007

Topps Meat Company LLC Expands Ground Beef Recall To Help Ensure Consumer Safety, Toppsmeat.com, September 29, 2007

Related Web Resources:

Topps

Escherichia coli O157:H7, CDC.gov

Continue reading "Topps Meat Co. Recalls 21.7 Pounds of Ground Beef Because of E. Coli Concerns" »