February 29, 2008

Supreme Court Considers Whether To Provide Drug Manufacturers Injury Lawsuit Protection

The US Supreme Court heard oral arguments this week in a case that could determine whether drug makers should receive a similar protection from lawsuits to the one the court granted to medical device makers last week.

The main issue, according to Justice Stephen Breyer, is whether a drug, “on balance,” will save people or hurt people. Breyer says he believes that the Food and Drug Administration, and not a jury, is solely responsible for policing the pharmaceutical industry. He expressed concern over allowing a jury of 12 people randomly selected to rule on such lawsuits.

If the Supreme Court rules along with Breyer, thousands of personal injury lawsuits filed against drug manufacturers could be thrown out.

The issue in this case, Warner-Lambert v. Kent, is restricted to examining a Michigan statute that prevents personal injury lawsuits against drug manufacturers unless the injured person can prove that the company purposely kept information from the FDA that would have then barred the drug from the marketplace. A majority of the arguments on Monday centered on whether (and how much) of the Michigan law should be struck down.

The Supreme Court, however, is also scheduled to hear arguments in Levine v. Wyeth. It is during this case that the will be asked to rule on whether FDA approval bars personal injury lawsuits.

Last week, the Supreme Court ruled 8-1 in favor of medical device maker Medtronic Inc. The court said that FDA approval of a medical device trumps state tort lawsuits filed against medical device makers for products that have already passed a rigorous FDA approval process.

The ruling may benefit other medical device manufacturers that have been named in products liability and wrongful death cases by injured patients.

If you or someone you love has been injured by a medical device or by a dangerous or a defective drug in Massachusetts, one of our Boston, Massachusetts products liability lawyers can explore your legal options with you.

U.S. Supreme Court considers extending protections to drug makers, International Herald Tribune, February 26, 2008

Top court rules for Medtronic in devices case, Washington Post, February 20, 2008


Related Web Resources:

Warner-Lambert Co. v. Kent, Oyez.org

Riegel v. Medtronic, Justia US Supreme Court Center


Continue reading "Supreme Court Considers Whether To Provide Drug Manufacturers Injury Lawsuit Protection" »

February 28, 2008

Waltham Nursing Home Under Investigation for Problems with Patient Care

Piety Corner Nursing Home, a Waltham, Massachusetts nursing home, has been placed on a federal government list of facilities that have serious issues with patient care. The 34-bed facility must now undergo government reviews more often.

In 2006, Piety Corner was cited for over two dozen violations—eight of which were considered actions that placed patients in immediate danger or harm, including:

• Failing to prevent neglect.
• Failing to prevent abuse.
• Failing to maintain maintenance and housekeeping services.
• Failing to promote and enhance quality of life.

Piety Corner also reportedly has failed to properly notify residents and their family members and physicians of changes in patient care and of any accidents that occurred. In one incident, Piety Corner reportedly failed to quickly notify the doctor of a resident of medical test results.

In 2005, a complaint was filed against the facility for its unnecessary use of physical restraints during medical care. Another complaint was filed because residents were not given sufficient liquids to stay properly hydrated.

Piety Corner must pass garner satisfactory results on three surveys in a row.

Nursing home abuse and neglect is an unfortunate problem that occurs in Massachusetts and the rest of the United States. Residents at nursing homes and other resident care facilities are entitled to a certain quality of medical and personal care. When failure to receive this care leads to abuse or neglect, a nursing home resident may be entitled to personal injury compensation.

Common kinds of abuse and neglect include:

• Medical neglect, including failure to provide proper and timely medical care
• Physical neglect, including failure to assist in personal hygiene, create a clean living space, or properly freed or hydrate
• Physical assault
• Sexual Assault
• Overmedication
• Unnecessary physical restraints
• Unnecessary medical restraints

Patient care in question at nursing home, DailyNewsTribune.com, February 14, 2008

Waltham nursing home added to list of problem facilities, Boston.com, February 12, 2008


Related Web Resources:

Nursing Home Abuse and Neglect

1987 Nursing Home Reform Act

Piety Corner Nursing Home, Hospital-Data.com

Continue reading "Waltham Nursing Home Under Investigation for Problems with Patient Care" »

February 27, 2008

Judge allows $105 Million Wrongful Death Lawsuit Against NBC’s ‘Predator’ for Suspect’s Suicide

A federal judge is allowing a $105 million wrongful death lawsuit against Dateline NBC: “To Catch a Predator” to proceed. The lawsuit, brought by Patricia Conradt, alleges that her brother, Dallas prosecutor Louis William Conradt Jr. committed suicide because a sting operation accused him of having an online sexual conversation with someone pretending to be a 13-year-old boy.

Patricia is also accusing NBC of “steamrolling” police into arresting Louis, 56, after he did not appear at the sting operation site. She is blaming NBC for causing her brother’s suicide and ruining his reputation.

NBC conducts the sting operation with Perverted Justice. Police officers pose as underage kids during the chats. The disguised officers try to persuade the men to come to a house with hidden cameras under the pretense that they will be having is sex together. At the house, the program’s host confronts them and police make their arrests.

In his ruling, U.S. District Judge Denny Chin said that there were enough facts brought by the lawsuit that suicide was foreseeable. Chin says that it was the responsibility of the police to prevent Louis from committing suicide and that they, along with NBC, were deliberately indifferent.

Chin says that it was not necessary for a heavily armed swat team to take Louis from his home when he had never been accused of committing any act of violence and there was no evidence that he was armed. An NBC television crew was there to shoot the arrest. At the scene, one police officer reportedly told a Dateline producer that the arrest would make “good TV.”

Chin noted that NBC involved itself in a police operation and persuaded officers to act in a manner that would help create more drama for its TV show. The judge allowed the case to move forward based on the plaintiff’s claims of violation of civil rights and emotional distress.

Critics have called “To Catch a Predator” a form of entrapment.

In Massachusetts, our personal injury law firm represents clients who have suffered physical and emotional harm caused by the negligence or recklessness of others. We also represent families who wish to file wrongful death cases against the party or parties that caused the deaths of their loved ones.

Judge approves "Predator" lawsuit against NBC, Reuters, February 26, 2008

Lawsuit proceeds vs. NBC's 'Predator' by family of suicide victim, USA Today, February 26, 2008


Related Web Resources:

Dateline NBC: To Catch a Predator, MSNBC.com

Perverted Justice

Continue reading "Judge allows $105 Million Wrongful Death Lawsuit Against NBC’s ‘Predator’ for Suspect’s Suicide " »

February 22, 2008

Boston Couple Sues Funeral Home for Losing Stillborn Baby’s Remains

In Suffolk County Superior Court in Massachusetts, the civil trial between a Boston couple and J.S. Waterman and Sons funeral home began on Thursday. Robert and Therese Bellisimo Benedict are suing the Boston funeral home for losing their stillborn son’s remains and possibly cremating him with the body of an adult woman.

The boy, named Lourdes, was a twin who died in Therese’s womb at Brigham and Women’s Hospital in April 2003. His brother, Cole, survived.

The Benedicts retained the services of the funeral home to take care of their son’s remains while they took care of Cole, who had been born premature. A casket was purchased for the body, and they intended to eventually lay their son to rest in an Everett cemetery.

On July 28, 2003, the funeral home contacted the couple to report that Lourdes’s remains could not be found. Funeral home employees checked a medical waste disposal system, an elevator shaft, coffins with corpses in them, and a nearby dumpster.

Several months later, the Benedicts sifted through the remains of a woman who had been cremated to see if they could find their son. DNA testing proved that there was a male presence in the ashes but could not confirm that it was Lourdes.

During his testimony on Thursday, Robert expressed sorrow that they have never been able to confirm if the ashes belonged to their son. The couple says they have suffered emotional anguish from the loss of their son’s body and their inability to receive closure.

Our Boston, Massachusetts personal injury law firm represents clients who have suffered physical or emotional injuries because of the negligence of another party. We also handle cases involving property damage.

Court hears of a grief compounded, Boston.com, February 22, 2008

Trial begins in case where Boston funeral home lost remains of couple's stillborn child, Boston.com, February 21, 2008


Related Web Resource:

JS Waterman & Sons-Waring

Continue reading "Boston Couple Sues Funeral Home for Losing Stillborn Baby’s Remains " »

February 21, 2008

Woman Files Products Liability Lawsuit Against Contact Lens Solution Manufacturer Advanced Medical Optics

A Texas woman has filed a products liability lawsuit against Advanced Medical Optics Inc. for its contact lens disinfectant Complete Moisture Plus Multi-Purpose solution’s failure to properly disinfect her contact lenses.

Kimlyn Cline, a contact lense wearer for 35 years, says she always cleans and disinfects her contact lenses properly and that the infection in her left eye occurred because she used the solution. The damages she is seeking include medical costs, loss of income, pain, vision problems, mental and emotional trauma, disfigurement, and legal fees.

A corneal specialist diagnosed Cline’s condition as Acanthamoeba Keratitis. She must now undergo corneal transplant surgery, but she cannot do this until her infection clears.

In her defective products lawsuit, Cline claims that the risk of infection from using Complete Moisture Plus Multi-Purpose solution is grossly disproportionate to the risks associated with using other solutions. She says that Advanced Medical Optical should have acted to reduce or eliminate these higher risks.

41N6VLHA3zL._AA280_.jpg

Cline alleges that the company was aware the solution was defective but still designed, manufactured, marketed, and sold its lens solution to wearers without including a failure to warn of the risk of infection or providing proper instructions for use. Grounds for the lawsuit include strict liability involving design, manufacturing, and marketing, negligence, and breach of implied warranties.

In November 2006, Advanced Medical Optical recalled 18 lots of Complete Moisture Plus Multi-Purpose solution and then announced a full recall of the product line last May after the Center for Disease Control and Prevention found that the solution was a high risk for causing eye infections.

Acanthamoeba Keratitis is a rare eye condition that occurs primarily in contact lens users. Failure to treat the infection can lead to vision loss and severe scarring.

Our Boston, Massachusetts products liability law firm represents clients injured because of a defective product.

Kilgore woman claims contact solution failed to disinfect, files product liability suit against maker, The SouthEast Texas Record, February 20, 2008

Acanthamoeba Keratitis, EyeMDLink.com

Related Web Resources:

Update on Serious Eye Infections Associated with Soft Contact Lens Solution, CDC.gov

Advanced Medical Optics Inc.

Continue reading "Woman Files Products Liability Lawsuit Against Contact Lens Solution Manufacturer Advanced Medical Optics " »

February 18, 2008

New England Patriots Sued $100 Million for Allegedly Taping Rams Practice

A lawsuit has been filed against the New England Patriots and their coach Bill Belichick for $100 million. The plaintiffs, former St. Louis Rams football player Willie Gary, a Rams seat license holder, and two 2002 Super Bowl ticket holders, claim that the Patriots defrauded St. Louis players and fans when they allegedly taped the Rams practicing. The Patriots won the 2002 Super Bowl against the rams.

The lawsuit claims that the alleged taping helped the Patriots win the Super Bowl, which defrauded Rams players and fans of millions of dollars. A Patriots employee allegedly recorded a Rams walk-through practice the Saturday before the Super Bowl, which took place at the Louisiana Superdome.

The final score was 20-17, and the plaintiffs believe that the Rams might have won the Super Bowl if the alleged taping never happened. The Patriots deny that the taping ever happened.

However, Matt Walsh, an ex-Patriots employee, says that he shot the tapes and has video evidence. His attorney says he will turn in the tapes if he is given immunity from any criminal charges.

The plaintiffs are asking for $35 million in damages. They want compensation for the Super Bowl rings, the $400 for tickets paid by $72,922 fans, and endorsements and bonuses that the 45 Rams players did not receive as a result of the loss.

Attorneys for the plaintiffs are tripling the amount of damages sought, based on the Civil Rico laws, which is why the lawsuit is asking for $100 million. They want the complaint to be considered a class action lawsuit and to include three classes—the fans, the Rams football players, and the 2001-20002 Rams seat licenses owners.

This isn’t the first lawsuit blaming the Patriots for taping another team. In another lawsuit against the Patriots, Carl J. Mayer, a New York Jets fan, filed a lawsuit against the football team for all Jets season-ticket holders because the team had videotaped a 2007 New York Jets game for the signals. The Patriots were fined $250,000 and docked a first-round pick. Bill Belichick was fined $500,000.

If you have suffered damages, injuries, or losses as the result of the carelessness, negligence, or recklessness of another party in Massachusetts—whether the actions were intentional or not, you may be able to file a lawsuit for financial recovery with the help of a Massachusetts personal injury lawyer.

Missing Walsh seeks protection, Boston.com, February 16, 2008

Missing $100M lawsuit filed against Patriots, Boston Herald, February 15, 2008

Missing Player Seeks $100M For Alleged Patriots Taping, WJZ.com, February 15, 2008


Related Web Resources:

Gary et al v. New England Patriots et al, Justia.com

Missing Civil Rico Overview, Lectlaw.com

Missing New England shocks St. Louis to win Super Bowl XXXVI, CNN, February 3, 2002

Missing St. Louis Rams

Missing New England Patriots

Continue reading "New England Patriots Sued $100 Million for Allegedly Taping Rams Practice" »

February 15, 2008

FDA Warns of Connection Between Botox and Botulism-Related Deaths

The Federal Drug Administration wants people to know that the anti-wrinkle drug Botox has been linked to several botulism related-deaths. A number of these victims were children. The warning comes three weeks after
Public Citizen, a consumer advocacy group, cited 180 reported incidents—including 16 deaths—where people who had used Botox experienced pneumonia, difficulty swallowing, or fluid in the lungs. Botox Cosmetics and its competitor Myobloc were named in last week’s FDA warning.

Botox causes nerves to relax because the botulinum toxin injected into a specific area of the body blocks nerve impulses. Sometimes, however, the toxin can spread to other areas of the body, which can weaken or paralyze the muscles needed to breathe or swallow. This can be fatal.

The children who died after using Botox were given the drug to treat spasticity problems in their legs. The FDA is also looking at other reported incidents involving adults that used Botox. One woman who used Botox to hide her forehead wrinkles reportedly had to be hospitalized.

Many adults use Botox injections on their faces to minimize the presence of wrinkles. Botox is also used to treat a number of spasm conditions, such as severe neck spasms or cervical dystonia.

Although Botox labels include a warning about possible botulism toxin and how this can lead to death, the labels only link these potential side effects to people with neuromuscular illnesses.

The FDA is warning Botox users to seek medical attention immediately if they experience any botulism symptoms, including:

• Slurred speech
• Problems swallowing
• Problems breathing
• Problems holding up one’s head
• Muscle weakness

Drug manufacturers are supposed to provide proper warning of any and all potential side effects from taking a drug. When failure to provide sufficient warning results in injury or death, the drug maker can be held liable in a products liability or wrongful death lawsuit. One of our Massachusetts defects products lawyers would be happy to speak with you about your case.

FDA: Botox linked to kids’ deaths, MSNBC/AP, February 8, 2008

Related Web Resources:

Group seeks Botox warning following 16 deaths, MSNBC/Reuters, January 24, 2008

Botox, FDA

Continue reading "FDA Warns of Connection Between Botox and Botulism-Related Deaths " »

February 14, 2008

Thousands of Massachusetts Drivers Have Been Involved In Multiple Motor Vehicle Accidents

Approximately 87,000 Massachusetts drivers have been in at least two motor vehicle accidents from 2002 through June 2007. 8,400 of these drivers have been in three crashes. Some 1,100 were in four auto collisions. Some 220 people have been in at least five accidents. Yet a number of these drivers continue to return to the roads. There are 4.7 million Massachusetts drivers.

The Boston Globe looked at 750,000 accident records from the Registry of Motor Vehicles. According to the study:

• Males are more frequently involved in motor vehicle accidents than females.
• Drivers 25 years of age and under are involved in 30% of the crashes.
• Fridays, after midnight, and after rush hour are the times when accidents are most likely to occur.

According to state and public safety officials, common causes of motor vehicle accidents in Massachusetts include:

• Negligence
• Aggressive driving
• Driver inexperience
• Bad road designs
• Bad weather

In one recent deadly hit and run accident, the driver, Craig P. Bigos had at least six tickets and two motor vehicle crashes on his driving record. He was also driving with an expired license. Bigos allegedly hit a 13-year-old pedestrian while text messaging. He faces a motor vehicle homicide charge.

In 2004, a repeat offender heading to a methadone clinic struck a 55-year-old man in Kingston. In 2005, a 76-year-old Upton farmer, who has been in five accidents in six years, drove his tractor into a truck driven be an off-duty cop.

The people who suffer the most in car crashes, bus accidents, truck collisions, and pedestrian accidents are usually the ones who had nothing to do with causing the accidents. The injuries, deaths, and pain and suffering of the victims and their loved ones cannot be measured. They can, however, speak to a Massachusetts personal injury lawyer to determine whether they are entitled to receive compensation for the harm that was done to them.

Accidents waiting to happen, Boston.com, February 10, 2008


Related Web Resources:

Massachusetts Registry of Motor Vehicles

2004-2006 Massachusetts Crash Statistics


Continue reading "Thousands of Massachusetts Drivers Have Been Involved In Multiple Motor Vehicle Accidents " »

February 12, 2008

Jury Awards Brain Damaged-Massachusetts Woman Hit by MBTA Bus $10 Million Personal Injury Verdict

A jury in Massachusetts has awarded Louise Scialdone, a 58-year-old Somerville resident, $10 million in her personal injury lawsuit against the Massachusetts Transportation Bay Authority (MBTA). The total sum, interest included, is nearly $12.8 million.

Scialdone sustained a traumatic brain injury when an MBTA bus hit her on February 4, 2004. Scialdone used work with the Massachusetts Department of Transitional Assistance as a clerk.

Scialdone had a walker because she suffers from arthritis. She was struck while waiting for the bus at the stop on McGrath Highway.

The driver apparently lost control of the bus, which then struck Scialdone. She flew five feet before her head struck a parked car. One witness said the driver was operating the bus at about 30mph and was moving too fast for the icy road conditions.

The driver was suspended for one day and continues to be employed with the MBTA.

Scialdone can no longer work and has memory and balance problems. Once a voracious reader, she can only absorb reading material up to the level of a third grader, and she is sensitive to noise and light.

Because of her condition, she only appeared in court for part of the trial. Her daughter, Stephanie Mackesy, says Scialdone can no longer take part in the same activities she used to enjoy with her 14-year-old granddaughter.

Scialdone will use the recovery awarded by the Middlesex County jury to pay get better 24-hour care, which she requires because of her TBI. This care costs about $200,000 annually. She will relocate to a brain injury rehabilitation center. Scialdone currently lives in a nursing home.

MBTA’s insurance will only cover the damage amount over the first $7.5 million. It is not yet known whether the MBTA, which has been having financial problems, will appeal or find a way to pay Scialdone.

If you have suffered a traumatic brain injury in an accident caused by another party’s negligence, or if you have been seriously injured in a motor vehicle accident anywhere in Massachusetts, our Boston personal injury law firm would be happy to speak with you.

T policy falls short on injury award, Boston Globe, February 12, 2008

Woman struck by MBTA bus awarded $10 million in damages, Boston Herald, February 12, 2008


Related Web Resources:

Massachusetts Bay Transportation Authority

What is Traumatic Brain Injury?, National Institute of Neurological Disorders and Stroke

Continue reading "Jury Awards Brain Damaged-Massachusetts Woman Hit by MBTA Bus $10 Million Personal Injury Verdict" »

February 8, 2008

$67 Million John Ritter Wrongful Death Lawsuit Goes to Court

This week, attorneys involved in John Ritter wrongful death lawsuit began jury selection. The case finally goes to court more than four years following the September 2003 death of the beloved actor.

The late actor’s wife, actress Amy Yasbeck, and his children are suing cardiologist Joseph Lee and radiologist Matthew Lotysch, who both treated the actor. The trial will take place at Los Angeles County Superior Court in California.

Lotysch saw the actor in 2001. After conducting a body scan, the radiologist reported that there was nothing wrong with Ritter’s aorta but recommended that he see a cardiologist. Ritter did not pursue further treatment after Lotysch’s diagnosis. Ritter’s family says that Lotysch should have noticed that his aorta was enlarged.

In 2003, Ritter was on the set of his hit TV series, “8 Simple Rules for Dating My Teenage Daughter,” when he started to experience nausea, chest pain, and vomiting. He was rushed to the ER of Providence St. Joseph Medical Center in Burbank.

An x-ray of his chest was ordered but never happened. Dr. Joseph Lee diagnosed the 54-year-old actor as having a heart attack and treated him for one. According to the lawsuit filed by Ritter’s family, the treatment he received for the heart attack was the exact opposite kind of care that he needed. The family contends that he would have survived longer if he had been correctly diagnosed and received the proper treatment.

The family is suing both doctors for failing to properly diagnose and treat the actor, as well as for negligence.

The amount that the family is suing for--$67 million—is partially based on the amount of money the actor could have made had he lived.

In other wrongful death claims related to Ritter’s death, his family has received some $14 million in settlements from several medical entities. Providence St. Joseph Medical Center settled their wrongful death case with the Ritter family for $9.4 million.

Our Massachusetts medical malpractice attorneys can determine whether injuries were sustained because of the negligence or carelessness of a doctor, nurse, surgeon, dentist, radiologist, cardiologist, or any other medical health care provider.

John Ritter's Medical Treatment Disputed, AP.com, February 5, 2008

John Ritter’s widow talks about wrongful death suit, MSNBC.com, February 4, 2008


Related Web Resources:

John Ritter wrongful death lawsuit settled, MSNBC.com, March 15, 2006

Actor John Ritter dead at 54, CNN.com, September 12, 2003

Continue reading "$67 Million John Ritter Wrongful Death Lawsuit Goes to Court" »

February 7, 2008

8-Year Old Massachusetts Girl in Medically Induced Coma After Being Struck by Elderly Voter in Car

8-Year-old Brittany Noel suffered internal injuries and a fractured skull after being struck by an SUV in the schoolyard at E.G. Lyons Elementary School in Randolph, Massachusetts on Tuesday. She was placed in a medically induced coma at Boston Medical Center last night.

The man driving the 2001 Ford Escape was 86 year-old William Geisler, who was trying to park his car at the school so he could vote. He appears to have lost control of his SUV, which he drove through a grassy area before it hit the second grader.

About 70 students witnessed the accident. Some of them had to jump out of the way to avoid being struck by Geisler's vehicle. A number of the children were reportedly traumatized from watching the motor vehicle accident. Emergency personnel had to pull the SUV off Brittany.

Geisler already has had two citations for speeding. He received one citation in Norwood in 1987 and another citation in 1995 in New Hampshire.

Our Boston, Massachusetts personal injury law firm handles injury accidents involving injuries to minors that were caused by another party’s negligence.

Elderly Drivers
Although elderly drivers are generally less inclined to speed or drive aggressively, their reflexes can slow down. While many elderly drivers are perfectly able to drive their motor vehicles into their 80’s or 90’s, there are senior drivers whose driving abilities start to fail.

Problems That Can Occur to Senior Drivers:

• Hearing problems
• Visual problems
• Drowsiness
• Brain impairment
• Dementia
• The side effects that come from taking prescription medication

Although these side effects are not the fault of the elderly driver who is experiencing them, when any of these problems are the reason that an elderly driver loses control of a car, runs over a pedestrian, or strikes another motor vehicle, he or she may be held liable for personal injury or wrongful death.

If your child was injured in a car accident, a bus accident, a truck crash, or a motorcycle collision. You and your family may be entitled to recover personal injury compensation.

Girl, 8, hit by car at school poll, Boston Herald.com, February 6, 2008

Children scatter as SUV crashes at school, injuring girl, Boston.com, February 6, 2008

Related Web Resources:

Elderly Drivers, Insurance Information Institute

Senior Citizen Driving: Warning Signs and Helping an Unsafe Driver Stop Driving, Helpguide.org

Continue reading "8-Year Old Massachusetts Girl in Medically Induced Coma After Being Struck by Elderly Voter in Car" »

February 5, 2008

90-Year-Old Boston Woman Dies in Pedestrian Accident While Crossing Massachusetts Avenue

Bert Hirschberg, a 90-year-old Boston grandmother and women’s rights activist, died while crossing Massachusetts Avenue when she was struck by a car.

Hirshberg used a walker to get around. She was crossing the avenue, located close to her apartment, when she was hit by a Toyota. Heavy rains were pouring onto the roads at the time the Boston pedestrian accident occurred.

Hirshberg was transported to Boston Medical Center, where she died the next day. The 90-year-old activist also championed local arts and underprivileged children. Police gave the driver of the Toyota that struck Hirschberg a citation for failing to yield to a pedestrian.

The National Highway Traffic Safety Administration says that of the 4,784 pedestrian deaths that took place in 2006, 966 of the victims were elderly persons, ages 65 and over. Some 6,000 seniors were also injured in pedestrian accidents that year.

One of the reasons that older pedestrians are at high risk of being struck by a motor vehicle is because their reflexes, perception, and eyesight can deteriorate the older they get. Older people also take a long time to recover from any injuries.

Safety Tips for Elderly Pedestrians:

• Cross the street at the corner or crosswalk.
• Continue to watch both sides of the street even when crossing at a crosswalk.
• Watch for oncoming traffic as you cross the street.
• Wear bright clothing that makes it easy for drivers to see you.

Although pedestrians must exercise caution when crossing the street, car drivers, motorcyclists, truckers, and bus drivers are responsible for exercising the proper care when operating their motor vehicles on the roads. It is important for drivers to be on the lookout for any pedestrians—especially at night or during rain or snow storms. When a driver's carelessness or negligent actions, such as drunk driving, speeding, driver inattention, or driver error, leads to the serious injury or death of a pedestrian, the driver can be held liable in a Massachusetts personal injury or wrongful death case.

Activist Bert Hirshberg, 90, killed in tragic accident, Boston Herald, February 5, 2008


Focusing on the Senior Pedestrian, U.S. Department of Transportation


Related Web Resources:

Traffic Safety, NHTSA

Street Smarts for Seniors, Canada Safety Council

Crash Statistics, PEDSAFE

Continue reading "90-Year-Old Boston Woman Dies in Pedestrian Accident While Crossing Massachusetts Avenue" »