Boston Injury Lawyer Blog

The parents of Zachary Cohn, a six-year-old boy who died last July after his arm got stuck in an underwater suction drain in the deep end of their swimming pool, have filed a wrongful death lawsuit against the town of Greenwich, Connecticut, Shoreline Pools, as well as several other defendants.

According to the lawsuit, Zachary’s father Brian and another person tried to pull the boy free but the suction of the drain was too strong. The mechanism to shut off the suction could not be located in time. His mother, Karen Cohn, turned off the power to the house and the pool but it was too late.

According to the wrongful death lawsuit, the swimming pool did not meet minimum safety standards and had a number of serious code violations—all of which increased the chances of fatalities occurring in the pool.

Brian and Karen Cohn say that Shoreline Pools has violated building code requirements before. The couple named the city of Greenwich in the lawsuit because they believe that it should have performed a more thorough inspection before issuing a permit for the family's pool.

Since 1985, there have been at least 48 fatalities involving swimming pool drains. Many others have been seriously injured in the 158 pool drain entrapment incidents that have been reported. There are more 5.4 million hot tubs and over 8 million pools in the United States.

Drowning in swimming pools is a leading cause of death among children. There is no justification for why a child or anyone else should die in a swimming pool accident because the pool drain was defective, dangerous, or malfunctioned or because the pool failed to meet safety standards. Depending on the specifics of the injury case, the injured party may have grounds to file a premises liability case or a products liability one.

In Massachusetts, a personal injury attorney can help you file your injury or wrongful death case.

Former Connecticut hedge fund exec sues in son's drowning, Reuters, January 29, 2008

Parents of pool drowning victim file suit, USA Today, January 29, 2007

Kerry Co-Sponsors Plan to Prevent Swimming Pool Drownings, Senator John Kerry, July 19, 2007

Related Web Resources:

A National Study of Drain Entrapment and Pool Safety Measures, USA Safekids.org

Pool Drain Systems, How Stuff Works

Continue reading "Wrongful Death Lawsuit Filed in Death of Boy Who Drowned In Pool Drain Suction Accident " »

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The family of Catherine O’Donnell, the 86-year-old woman who died after falling from an operating room table at Boston Medical Center in Massachusetts, has filed a wrongful death lawsuit against the doctor, two nurses, an orthopedic resident, and an anesthesiology resident—all who were in the operating room at the time.

O’Donnell was undergoing orthopedic surgery on October 6 when she fell through a gap in the surgical table she was on. A nurse had removed the safety strap around O’Donnell to move her to a hospital bed when the fall accident occurred.

O’Donnell sustained a massive head injury. A second surgery had to be performed to try and stop the internal bleeding in her brain. Her family removed her from life support on October 13 after doctors told them that recovery was unlikely.

The Dorchester grandmother had orthopedic surgery to repair her left hip, which she broke during a fall in her bedroom. Her son says that they never considered the possibility that she would not regain consciousness after the surgery.. The actual surgery itself was uneventful.

According to the Health Department's Bureau of Heath Care Safety and Quality, of the 800 medical mistakes and serious injuries that occur to patients at 90 hospitals in Massachusetts every year, 400-500 cases involve falls.

Boston Medical Center’s own internal investigation of O'Donnell's fall accident found that everyone in the operating room was busy attending to his or her own responsibilities; not all of them were aware that the safety belt around O’Donnell had been removed.

A new protocol has been established at the hospital following O’Donnell’s fatal accident. Doctors and nurses in the operating room must now stand on both sides of the patient and hold on to him or her before removing the safety strap.

If you believe that someone you love died because medical providers were careless or negligent, you should speak with a Boston, Massachusetts medical malpractice law firm immediately.

You may be able to obtain financial compensation for your Boston wrongful death case.

Family sues in operating room fall, Boston.com, January 29, 2008

Related Web Resource:

The Emotional Toll of Medical Mistakes, New York Times, October 26, 2007

Continue reading "Boston Wrongful Death Lawsuit Is Filed After 86-Year-Old Dorchester Woman Sustains Fatal Head Injury In Operating Room Table Fall" »

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A brawl between two truck drivers, one fatality, two multi-car collisions, a car fire, and series of fender benders slowed morning traffic for commuters on different freeways in Eastern Massachusetts.

Massachusetts State Police say that two tractor-trailer drivers were reportedly involved in a physical altercation on the side of the road on Route 295 S at the 1B exit in North Attleboro. The fight reportedly occurred after a car fire on Route 95 caused traffic to stall. By the time police arrived at the scene, however, the fight was already over.

On 495N in Andover, one person died in a three-motor vehicle collision. State police are also reporting a series of minor collisions on Route 95 in North Attleboro, Mansfield, and Foxboro. More motor vehicle crashes also occurred in Chelmsford on Route 93, while a tractor-trailer rollover slowed traffic on Route 97 in Georgetown. Another three-car collision occurred on the Masspike eastbound in Framingham.

If you were injured or sustained serious property damage in a motor vehicle collision anywhere in Massachusetts, you should speak with a Massachusetts personal injury attorney immediately.

In motor vehicle accidents involving more than one vehicle, it can sometimes be difficult to determine on your own who was responsible for causing the accident. One of our experienced Boston, Massachusetts motor vehicle crash lawyers can investigate your accident and identify the liable party. We represent personal injury clients in the Greater Boston area and in the other cities of Massachusetts.

Steps To Take If You Are In A Motor Vehicle Crash In Massachusetts:

• Stop your vehicle.
• Pull off to the side of the road.
• Notify police of the accident so that they can arrive at the scene and file a report.
• If you are injured, allow medics to assist you at the scene.
• Get the contact and driver’s information of the other drivers involved in the crash.
• Get the contact information of any witnesses.
• Write down as many details as you can about the accident.
• Contact your insurance company right away.
• If you sustained serious injury or property damage, contact a Massachusetts personal injury attorney.

You have three years from the time of the accident to file a car accident lawsuit in Massachusetts.

Breakdown brawl, crashes stall Monday morning commute, Boston Herald, January 28, 2008

Related Web Resources:

Limitations of Personal Actions, General Laws of Massachusetts

Motor Vehicle Accident Statistics

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Calais Weber and Cecilia Chen, both 17, are now college students studying in Massachusetts. Calais is a Wellesley College undergraduate, while Chen studies at Harvard. The two students are also burn injury survivors of a chemistry experiment gone bad when they were high school students at Western Reserve Academy, a private boarding school in Ohio.

This month, the two students and their families settled their personal injury lawsuit with the school for $18.9 million. Weber and her family received $13.1 million, and Chen and her family received $5.8 million.

46% of Weber’s body sustained burn injuries. She became very depressed after the accident and considered committing suicide. She has had at least 16 surgeries to treat her injuries so far and says she was unrecognizable to herself after the accident.

Chen still has more procedures to undergo even though she already has had three of them.

The two students were burned after a chemistry experiment caught on fire. They were watching their teacher show the class how chemical salts, when burned, exhibit different colors. Methanol was being used. A flash fire resulted.

Prior to taking the class, all of the students had signed contracts stipulating the use of safety equipment. Even though protective gear was available in the classroom, they weren’t used.

The families say that the teacher acted negligently because she did not implement safety measures when conducting the experiment. The family’s Ohio personal injury lawyer says that the teacher should have conducted the experiment at least 10 feet away from the students, as well as used a safety shield and vent system.

The girls plan to use part of their settlement to hire a specialist to improve school safety conditions.

Also injured in the fire were a teacher and her son, 11, who were visiting the classroom at the time of the accident.

Burn Injuries
Burn injuries caused by another party’s negligence can be grounds for a burn accident claim or lawsuit. If you were injured in a burn accident in the Greater Boston area or anywhere in Massachusetts, you should contact a Massachusetts personal injury lawyer right away.

Recovering from a burn injury can be very costly. Burn injuries are extremely dangerous and can lead to infection, complications, excruciating pain, and scarring. Emotional trauma frequently accompanies a burn injury and medical costs can be very costly—especially if multiple and ongoing surgeries are involved.

Students in fire at Western Reserve Academy settle lawsuit, The Plain Dealer, January 18, 2008

Related Web Resources:

Western Reserve Academy

Burn Injury Information, Phoenix Society for Burn Injuries

Continue reading "Two Massachusetts Students Get $18.9 Million Personal Injury Settlement For Burn Accident Caused By Chemistry Experiment" »

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The U.S. Consumer Product Safety Commission and Battat Inc. are recalling 125,000 Battat Magnabild Magnetic Building Systems due to concerns that if young children swallow more than one of the magnets, they may experience intestinal blockages or perforations or even die.

Two sets are affected by the recall: the 180-piece Magnabild Magnetic Building System (BB1431H) and the 293-piece Magnabild Magnetic Building System (BB1502H).

So far, no injuries connected to these toy items have been reported. There have, however, been 16 reported incidents of the smaller magnets falling out of the building pieces.

An earlier recall in March 2006 involving a different magnetic building set brand highlights the hazards that magnetic toys can pose to young children. That recall, involving, all 3.8 million Magnetix Magnetic Building Sets by Mega Brands Inc. was issued after one child died and 34 others were injured.

Magnetic toys can become dangerous to a child if he or she swallows more than one magnet. Once in a child’s intestine, the magnets can be drawn to one another, which can result in blocks or perforations that can be deadly. Young children and toddlers who are prone to put things in their mouths are at highest risk of serious injuries.

If your child suffered serious injuries or died because he or she swallowed a magnetic toy or another item, you should speak with a Boston, Massachusetts products liability lawyer right away.

In 2007, the CPSC named magnets as one of the five hidden home hazards. Over eight million magnet toys have been recalled since 2005.

Toy manufacturers are supposed to make sure that their toys will not cause injury or death to children. When a defect in the products or in the product design causes serious harm, the manufacturer, distributor, or retailer may be held liable through products liability claims and lawsuits.

Battat Toy Magnet Sets Recalled in the U.S., Reuters, January 23, 2008

New recall of magnetic toys highlights warning on dangers, Consumer Reports.org, January 24, 2008

Related Web Resources:

Magnetic Dangers, Washington Post, April 20, 2007

U.S. Consumer Product Safety Commission

Continue reading "CPSC Recalls Toy Magnetic Construction Sets to Protect Children from Personal Injury" »

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Dubbed Boston’s “most dangerous intersection,” the corner of Walk Hill Street and American Legion Highway has been the scene of 97 motor vehicle accidents in four years. Residents in the area think that this calculation is on the low end and they call the busy intersection “Kamikaze Way.”

The most recent major vehicle collision at the intersection occurred last December between an SUV, another motor vehicle, and an MBTA bus. Seven people were injured.

The intersection, located in Roslindale, is nestled in between a nature preserve, a cemetery, and strip malls. Neighbors, however, say that the intersection is a popular location for late-night drag races.

Speeding during the day reportedly occurs frequently—as drivers try to beat traffic lights before they turn red. Crossing the intersection is considered by some to be a life threatening experience and some residents say that the sounds of cars colliding several times a day is not uncommon.

For years, residents have been asking Boston officials to improve the intersection. But a disagreement between the state of Massachusetts and the city of Boston on how to make the improvements had delayed the process.

Last year, the Boston Transportation Department began implementing its own improvements, securing its own funding without the help of the Massachusetts Highway Department. Since the project began, Turn lanes have been added, traffic lights are being replaced, roads have new surfaces, curb roads have been heightened, and new bike lanes and street lanes are being added. The project will cost the city of Boston $9 million.

The Boston Police Department has extra troopers patrolling the area to keep drivers on their best behavior while crossing the intersection. Boston Police Captain Frank Armstrong, however, says that the 30mph speed limit sign on American Legion is poorly lit at night.

State and city officials are supposed to make sure that streets, avenues, freeways, intersections, turn lanes, curb roads, traffic signs, and traffic lights are in the safest working condition possible to minimize the chances of a Massachusetts traffic accident occurring.

If you live in Boston or any other city in Massachusetts and you were seriously injured in a car accident, bus collision, motorcycle crash, truck collision, or pedestrian accident because another motorist was careless, a Massachusetts personal injury lawyer can help you file a claim or lawsuit.

If your accident occurred because the design of an intersection is faulty, a traffic sign was not working properly, or any other reason that could have been avoided had state or city officials taken the proper steps to ensure that conditions of the road where your injury collision occurred were safe and in proper working order, you may be able to file an injury claim or lawsuit against Massachusetts or the city where the accident occurred.

Help on way for city's most dangerous intersection, Boston.com, January 22, 2008

Related Web Resources:

Massachusetts 2006 Five Percent Report, FHWA Safety

Boston Transportation Department

Continue reading "Boston, Massachusetts Shells Out $9 Million to Fix Its Most Dangerous Intersection" »

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Kenneth McClain, a Denver, Colorado resident, has filed a personal injury lawsuit because he says that the artificial butter flavoring on microwave popcorn gave him bronchiolitis obliterans, also called “popcorn lung.” He filed his lawsuit against Kroger Company, Inter-American Products Inc., and Dillon Companies Inc, which owns the King Soopers grocery store.

McClain would eat two bags a day. He is the only consumer who has been diagnosed with “popcorn lung,” which can sometimes develop in factory workers involved in the testing of microwave popcorn.

Ingesting flavoring chemicals is believed to be one cause of bronchiolitis obliterans. People with this type of lung damage have problems breathing because their lung’s airways have been destroyed.

At the Gilster Mary Lee Factory in Missouri, 10 workers had to be put on lung transplant waiting lists. 30 workers injured at the plant filed personal injury lawsuits. One of the workers, Eric Peoples, was awarded $18 million. His wife was awarded $2 million in compensatory injury damages.

The artificial butter flavoring that is believed to sometimes cause “popcorn lung” is called Diacetyl, which is a naturally occurring compound. In December, the countries four largest microwave popcorn manufacturers said they were changing their recipes and removing Diacetyl from almost all of its products.

Products Liability
The product manufacturers are legally obligated to make sure that no one is harmed by their products. An person injured by a defective product can file a products liability claim on the grounds of strict liability, negligence, or breach of warranty.

“Products” includes all consumer products, from tangible products, such as electronic devices, motor vehicles, and toys, to pets, real estate, writing and instructional materials, gases, and chemicals.

Product retailers and distributors can also be named as defendants in defective products lawsuits.

In the Boston area and everywhere else in Massachusetts, a Massachusetts products liability lawyer can help you with your case.

Denver Man Files Lawsuit Claiming Microwave Popcorn Damaged His Lungs, Fox News, January 15, 2008

$20 million awarded in popcorn lawsuit, AP, March 15, 2004

Related Web Resources:

Popcorn May Cause Lung Disease, ABCNews.com, September 6, 2007

Products Liability Law, Cornell Law School

Continue reading "Man Files Personal Injury Lawsuit Claiming that Eating Microwave Popcorn Injured His Lungs" »

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An 87-year-old man from Norfolk County is the third elderly person to die in connection with drinking contaminated milk. Health officials are citing Whittier Farms, a dairy located in Massachusetts, as the source of the tainted milk. The other two people who died were also elderly men, ages 78 and 75. They were both Worcester County residents.

The three men had listeriosis, which is a bacterial infection that can be contracted from drinking tainted milk and raw foods and certain processed foods that are not properly cleaned or prepared. Two other listeria cases also being linked to the contaminated milk from the dairy involve pregnant women. One woman, 34, miscarried. The other woman, a 31-year-old Middlesex County resident, had the infection but delivered a healthy baby.

The Center for Disease Control and Prevention (CDC) describes listeriosis as a “serious infection that can be caused by eating food contaminated with the bacterium Listeria monocytogenes.” Symptoms of listeriosis can include muscle pains, fever, diarrhea, nausea, balance problems, neck problems, confusion, and convulsions.

Newborn babies, pregnant mothers, the elderly, and other adults with weakened immune symptoms are the ones most susceptible to contracting listeriosis. A pregnant woman with listeriosis can end up miscarrying, delivering prematurely, or delivering a stillborn baby.

The contaminated milk from Whittier Farms is believed to have come from the dairy’s Shrewsbury plant, just 35 miles from Boston. Health inspectors are examining the dairy’s cooling and bottling machinery to try and determine the source of the contamination. Whittier Farms is family owned and operated and is known for delivering people’s milk in glass bottles to their doorsteps.

Some 2,500 people are afflicted with listeriosis every year, with 500 of these people dying from the infection.

Manufacturers and producers of food products must ensure that their food products are properly processed or prepared. If failure to do leads to injury or death, the injured party or surviving family members can have grounds for a products liability claim or a wrongful death lawsuit. A Boston, Massachusetts products liability lawyer can handle your claim or lawsuit for you.

Bacteria-Contaminated Milk from Massachusetts Dairy is Blamed for 3 Deaths, Miscarriage, FoxNews.com, January 8, 2008

Listeriosis, CDC.gov

Infection tied to tainted milk kills a 3d man, Boston.com, January 8, 2008

Related Web Resource:

Whittier Farms

Continue reading "Norfolk County Man is Third Fatality Linked to Tainted Milk From Whittier Farms Dairy in Massachusetts" »

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In Massachusetts, Middlesex Superior Court Judge Paul Chernoff is suing the state of Massachusetts and Norfolk County for the injuries he sustained when he slipped and fell on the steps of the Norfolk County Courthouse in Lowell in 2004. The commonwealth of Massachusetts, the Norfolk County Commission, and the Division of Capital Asset Management were named as the parties held liable for not making sure that the building was maintained properly.

In his premises liability lawsuit, Chernoff alleges that his slip and fall accident occurred because the county and the state did not repair the cracks in the steps of the court building or add handrails. As a result of the unsafe conditions, Chernoff says that he slipped and broke his left kneecap. Since Chernoff’s accident, new handrails have been added to the staircase.

Slip and Fall Accidents
Slip and fall accidents usually occur because the grounds of a premise are not safe—either because of disrepair, failure to clean up a slippery/condition or pick up debris or objects off the ground, poor lighting, uneven flooring, or other circumstances that could easily have been prevented if the area was properly maintained. Because of the unsafe conditions, a person may slip and/or trip and then fall, sustaining injuries as a result.

In 2001 The National Safety Council named fall accidents as the number one cause of non-fatal injuries requiring immediate medical treatment, with thousands of people getting hurt. Fall accidents, however, can also be fatal—especially when someone drops from a higher level to a lower one. In 2002, some 14,500 people died in fall accidents. Bruises, broken bones, sprains, torn ligaments, dislocated limbs, spinal cord injuries, traumatic brain injuries, head and neck injuries, are among the injuries that can occur.

Slip and fall injury cases fall under the area of premises liability law, which holds the owner or manager or other person in charge of a property liable for allowing the unsafe conditions that caused the injury accident to exist on the premise.

Slip and fall accidents can occur on private and public premises, including parks, parking lots, sidewalks, outside steps, restaurants, grocery stores, apartment buildings, and office buildings.

A Massachusetts slip and fall accident law firm can help you file your case against the negligent party or parties.

Judge slips and sues the county, Daily News Transcript, January 10, 2008

Related Web Resources:

Slip and Fall Injury Statistics, Safety Today

National Safety Council

Slip and Fall, Nolo.com

Continue reading "Middlesex Superior Court Judge Sues Massachusetts and Norfolk County for Slip and Fall Accident" »

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In Massachusetts last month, at about 12:30am on, 13-year-old Earman Machado was riding his bicycle next to a friend, who was walking on the shoulder of the road that runs parallel to Route 24, when he was plowed down by a car. The driver of the motor vehicle did not stop at the accident scene.

Instead, Craig P. Bigos, the driver of the car, turned himself in to New Bedford police the next day. He claims he did not intend to hit-and-run and was not aware that he had struck anyone. Bigos said he had been text messaging on his cell phone when his car swerved off the road and hit what he thought was a mailbox. It wasn’t until the following day when he noticed the accident site that he realized that he might have struck someone.

Machado died from serious head trauma caused by the injury accident.

If you are a bicyclist who was seriously injured in an accident involving a negligent car driver, bus driver, motorcyclist, or truck driver, you should contact a Massachusetts bicycle accident lawyer immediately.

Bicycle accidents can lead to serious injuries, such as broken bones, road burns, severed limbs, major internal injuries, spinal cord injuries, head injuries, neck injuries, traumatic brain injuries, and death.

The Bicycle Helmet Safety Institute says that:

• 85 million people ride bicycles in the US.
• Of the 773 bicycle fatalities that occurred in 2006, 92% of them involved motor vehicle collisions.
• 50% of the victims were children younger than 15 years of age.
• 2/3 of the deaths were due to fatal traumatic brain injuries.
• Some 540,000 bicyclists are sent to hospitals for treatment following motor vehicle crashes.
• Approximately 67,000 injured bicyclists are treated for head injuries each year.

A good Massachusetts bicycle accident lawyer will know how to properly investigate the accident scene and any evidence that will prove that another party’s negligence was responsible for your injury accident. If your loved one is a bicyclist who died after being struck by a motor vehicle, you are entitled to receive wrongful death compensation.

Fatal hit-run driver was texting, Boston.com, December 29, 2007

Helmet-Related Statistics, Bicycle Helmet Safety Institute

Related Web Resources:

Massachusetts Laws Pertaining to Bicyclists, The Massachusetts Bicycle Coalition

Massachusetts Bicycle Helmet Law

Continue reading "13-Year-Old Massachusetts Bicyclist Dies After Being Struck by Driver Who Was Text Messaging" »

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Out of the 58 people that died in Massachusetts due to fires in 2007, 11 of these fatalities took place in Boston and 11 of the year’s fatalities occurred in December. The death toll from fire accidents could rise if any of those who survived accidental fires but sustained serious burn injuries end up dying.

While some fire accidents can be caused by personal negligence, such as when a lit cigarette butt is left unattended or a towel is accidentally tossed onto a space heater, there are accidents where injuries can occur because another party was negligent. For example:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Faulty electrical wiring
• Fires that are not properly supervised
• Plane crashes
• Work-related accidents
• Defective products
• Cooking accident

Accidents involving fires can lead to serious burn injuries that can be very painful and traumatic for the victim. Medical care can be very costly. A burn injury victim may have to undergo multiple surgeries, including plastic surgery, skin graft surgery, and reconstructive surgery. You may have to be treated at a special burn unit.

A person may sustain first-degree burns, second-degree burns, and third degree burns. Some scars and internal injuries may be impossible to heal or recover from.

If your burn injuries occurred because someone else was negligent, there are steps that you can take to sue for personal injury compensation. A Massachusetts burn injury lawyer can assist you.

The American Burn Association says that 500,000 people are treated for burn injuries in the United States every year. 4,000 burn-related deaths occur annually.

Fire Deaths Jumped 32% in 2007, Boston NOW, January 3, 2008

Burn Incidence and Treatment in the US: 2007 Fact Sheet, American Burn Association

Related Web Resources:

Burn Prevention Foundation

Types of Burns, Strong Regional Burn Center

Continue reading "58 Fire Fatalities in Massachusetts in 2007 " »

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Medtronic Inc. will settle 2682 lawsuits filed by plaintiffs who claim that the implantable biomedical device maker knew that its Marquis line of implanted cardiac defibrillators was defective but didn't do enough to pull the devices off the market or let patients know there were safer alternatives.

As part of the agreement, Medtronic will settle the cases for $95.6 million and pay $18.5 million in lawyers’ fees. Medtronic, however, says it is not admitting liability or affirming to the plaintiffs’ claims by settling the products liability lawsuits.

In a statement made by Medtronic's Cardiac Rhythm Disease Management Unit President Pat Mackin affirmed that Implantable defibrillators made by Medtronic are “the most reliable ICD’s ever manufactured."

Implantable defibrillators are tiny devices that deliver shocks so that the heart doesn’t beat too fast. They are implanted in the chests of patients that are at risk of a fatal heart attack—the number one cause of death in America.

In 2005, Medtronic announced that its Marquis line defibrillators could have a battery shorting problem. 11,000 patients had these defibrillators surgically removed and replaced. 2,000 similar surgeries took place overseas.

In 2004, Medtronic recalled two heart defibrillators that could have been related to at least one injury and four deaths because of the defibrillators’ failure to charge properly.

In 2007, Medtronics announced a global recall of its heart-defibrillator wires because the lead used to connect the defibrillators to the heart was fracturing. 235,000 patients were affected by this recall.

If you have been injured or your health has suffered or someone you love has died because they used a defective product anywhere in the Boston, Massachusetts area, you should contact a Boston products liability lawyer immediately.

Medtronic to settle ICD lawsuits for $114 million, Reuters, December 21, 2007

Medtronic to Pay $114 Million In Settling Heart-Device Suits, WSJ, December 21, 2007

Related Web Resources:

Medtronic

A Pivotal Medical-Device Case, The New England Journal of Medicine, January 3, 2008

Continue reading "Medtronic to Pay $114.1 Million to Settle Implanted Cardiac Defibrillator Lawsuits" »

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