Boston Injury Lawyer Blog

In Chelmsford, Massachusetts, a multi-vehicle crash involving a tractor-trailer, a car, and a pickup truck on Interstate 495 today left one person dead. The traffic accident occurred when a Dodge Intrepid hit a Kenworth tractor-trailer.

The tractor-trailer driver then lost control of his truck, which crossed the median before hitting a Chevrolet Silverado pickup truck in a head-on collision. The driver of the pickup truck, Charles Butzer, died in the crash. Jody Anderson, the tractor-trailer driver, was treated for minor injuries at Lowell General Hospital.

Police are conducting an investigation to determine the cause of the crash. They say that thunderstorms may have contributed in causing the fatal auto collision.

With Massachusetts traffic accidents involving multiple parties, it is important to work with a Boston motor vehicle crash lawyer that has the resources and connections to work with experienced accident reconstructionist experts that can examine the vehicles involved and the accident scene to determine what caused the crash. There may be more than one party that can be held liable for injuries or wrongful death.

If someone you love has died because of a negligent driver or another liable party, Massachusetts’s wrongful death law allows you to sue for wrongful death.

1 Dead In Pickup, Tractor-Trailer Crash, WCBV.com, July 24, 2008

Related Web Resource:

Massachusetts Wrongful Death Law

Continue reading "One Fatality in Massachusetts Crash Involving Tractor-Trailer, Car, and Pickup Truck in Chelmsford" »

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Posted In: Car Accidents , Truck Accidents , Wrongful Death

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The Massachusetts family of Sean Lavalle, the Brookfield teenager who sustained second- and third-degree burn injuries on his right thigh during a 4th of July fireworks event at the beach on Walker Pond says that the exhibit, held by the Walker Pond Association, was handled by nonprofessionals.

Lavalle and his parents David and Brenda Brown says that friends invited them to attend the July 4 event, which is an advertised event that has taken place on the at Walker Pond for the past several years. Some 200 people were at the event.

According to David Brown, one of the men in charge of lighting the fireworks was drinking beer while igniting the explosives. At one point, the man reportedly stumbled, dropping the road flare he was using to light the fireworks onto a batch of explosives. It was at this point, Brown says, that one of the explosives flew up one of Sean’s pant legs.

Brown took Sean, who was on fire, to the pond to extinguish the flames. He says that he and his wife asked people to call 911, but most people ignored their requests. Sean was eventually transported by golf cart to the parking lot, where his wounds were treated, before he was taken to UMass Memorial Medical Center. Brown says that the Association restarted the fireworks display before Sean left for the hospital.

Sean has already undergone several (and there will likely be more) skin graft procedures. Police that are conducting the investigation say Walker Pond Association has not been very helpful. Law enforcement officers also say that there is no record showing that Walker Pond Association obtained the license that is required to hold a fireworks event.

Family not getting satisfaction after Fourth of July accident, Telegram.com, July 28, 2008

Fireworks-Related Injuries, CDC.gov

Related Web Resource:

Massachusetts Fireworks Laws

Continue reading "Brookfield Family of Teenager that Sustained Burn Injuries During July 4 Fireworks Says Walker Pond Association Did Not Run Exhibit Professionally" »

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Posted In: Personal Injury , Premises Liability

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On Wednesday, the Massachusetts Supreme Court issued a ruling that doctors can be held liable for medical malpractice if they do anything to lessen a patient’s chance of survival. The ruling upholds the “loss of chance” doctrine that holds medical professionals liable even if a patient’s recovery odds were already less than 50%.

While the ruling should allow certain malpractice victims to increase their chances of obtaining compensation from the liable parties, the state’s highest court was careful to emphasize that their decision only applied to claims where medical negligence/malpractice had decreased the victim’s recovery chances.

The ruling comes from the appeal of a case in which a jury ruled that a doctor’s negligence had prevented a plaintiff from having a less than even chance of surviving gastric cancer. Kimiyoshi Matsuyama reportedly told his doctor several times, over the course of several years, that he was experiencing stomach pains. His physician, however, did not order diagnostic tests until 1999. Matsuyama died five months after he received his diagnosis.

In Massachusetts, a jury awarded Matsuyama’s estate $160,000 for pain and suffering. They awarded his family $328,125 for loss of chance.

The defendants appealed the case saying the Massachusetts wrongful death statute does not take into account loss of chance. The Massachusetts Supreme Court, however, agreed with the jury.

Doctors, nurses, and other health care providers are supposed to provide patients with a certain level of care. When failure to provide that level of care causes injury or death, the victims or their families are entitled to file a medical malpractice claim or lawsuit against all liable parties. Wrong diagnosis, failure to diagnose, and delayed diagnosis are three kinds of medical malpractice that can cause a patient to have to undergo more invasive procedures to recover, become more ill, or die.

Mass. high court rules in patient survival case, Boston.com, July 23, 2008

Mass. High Court: Doctors Liable for Patient's Lessened Chance of Survival, Insurance Journal, July 24, 2008

Related Web Resources:

Massachusetts Bar Association

Massachusetts Supreme Judicial Court

Massachusetts Wrongful Death Statute

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Posted In: Medical Malpractice , Wrongful Death

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The family of Fernando Vargas, an East Boston teenager who died after his ventilator turned off during a power shortage last week, wants to know if his death occurred because the medical device was defective.

A preliminary police probe found that the ventilator’s backup battery failed during the two-hour power failure that occurred last week. The ventilator will be tested to find out what caused the malfunction. New England Home Therapies, the MassHealth Contractor that supplied Vargas with the ventilator, says it will send the device back to manufacturer Pulmonetic Systems for testing.

While Vargas’s ventilator has the same model number as one of four models included in the 2004 recall of about 10,000 Pulmonetic Systems ventilators, it is not clear whether the ventilator's serial number is also a match. The recall occurred following approximately 30 reports of the backup battery malfunctioning during a power outage.

Pulmonetic also had voluntarily recalled 1,129 cable adapters that were supposed to fix the defect that led to the ventilator recall after it received reports that the new device was not letting the ventilator repower after the internal battery had been drained.

Medical devices that have been the source of products liability lawsuits include:

• Guidant Pacemakers
• Dialysis Machines
• Hernia Patches
• Hip Prosthetics
• Cosmetic Implants
• Stents
• Orthopedic Implants

Late teen's stopped ventilator sent for tests, July Boston.com, July 21, 2008

Related Web Resources:

Pulmonetic Systems

Frequency, Causes, and Outcome of Home Ventilator Failure, ChestJournal.com

Continue reading "Parents of Deceased Boston Teen Want to Know if Product Defect Caused Ventilator to Shut Down" »

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In Massachusetts, Michael Faria, the man charged in connection with a fatal hit and run accident in Easton on Saturday may have been text-messaging when the accident occurred.

According to a Bristol County prosecutor, Faria told a friend that he was texting on his cell phone when his car struck John McCarthy. The 58-year-old pedestrian had been walking close to Washington Street when he was struck.

Prosecutor Jessica Lennon says that Faria’s failure to call for help may have been the cause of McCarthy’s death—who may have survived the accident if he had received medical help sooner. Another motorist contacted 911 about 25 minutes after the accident happened.

McCarthy was wearing a reflective vest when the accident happened. Easton police believe that he was on the shoulder of the road when Faria allegedly struck him. While no one witnessed the accident, police found a small fragment from what was the wheel well of a black Infinity SUV.

Easton police publicized the information, and they received an anonymous phone call on Monday that eventually led them to Faria, who turned himself in after several hours of negotiations over the phone.

Faria pleaded not guilty to homicide by motor vehicle, leaving the scene of the accident, and operating to endanger.

Driver negligence and inattention are common causes of catastrophic injury accidents to pedestrians and other motorists. All motorists are required to exercise a reasonable duty of care when behind the wheel. When failure to fulfill this care leads to serious injury or death, a driver can be held liable for personal injury or wrongful death.

Examples of motorist negligence:

• Failure to obey traffic signs or laws
• Drunk driving
• Speeding
• Failure to exercise caution on the road
• Text messaging or talking on the cell phone while driving
• Reckless driving
• Hit and run
• Leaving the accident scene

Prosecutor: Hit-and-run defendant was text-messaging, Boston.com, July 16, 2008

Fatal hit-run puts scrutiny on texting, BostonHerald.com, July 17, 2008

Related Web Resources:

Outlawing Text Messaging While Driving, US News and World Report, February 11, 2008

The Tragedy of Fatal Hit and Run Accidents on America's Deadly Roads, Deadly Roads.com

Continue reading "Massachusetts Man that Struck Pedestrian in Hit-and-Run Accident May Have Been Text Messaging" »

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Posted In: Car Accidents , Pedestrian Accidents , Wrongful Death

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In Massachusetts, 38 elderly residents and eight workers at the Taunton Nursing Home complex were sent to local hospitals after high levels of carbon monoxide was found in the building.

Firefighters had to removed approximately 80 people from the building, evacuating the home’s north and old wings. Fire Chief Leman W. Padelford said that carbon monoxide sensors detected levels of CO of up to 120 parts per million, which is a high level of potentially fatal gas. A normal reading is below 10 parts per million. The source of the gas is under investigation.

Nursing Home Administrator Chuck Crush says that he thinks the gas came from a generator on the property that automatically kicked in when a power failure affected the city and that several air conditioners may have sucked in the carbon monoxide.

Carbon Monoxide Poisoning
CO is a gas without color or odor. It is the number one cause of accidental poisoning deaths in the US and is called the “Silent Killer.”

According to the CDC, some 15,000 are hospitalized each year and about 500 people are killed because of exposure to carbon monoxide. Signs of carbon monoxide poisoning include fatigue, nausea, and headaches. Exposure to CO for a long time can result in brain damage and death.

Common Scenarios Where People Risk Exposure to CO:

• Using generators or heating sources when the power is out
• Backdraft from a boat
• Riding in the back of an enclosed pickup truck
• Working at the scene of a fire
• Working with combustible gases or combustion engines in an inside setting

Dozens taken to hospitals after Taunton carbon monoxide incident, Boston.com, July 15, 2008

Carbon Monoxide Poisoning, Emedicinehealth.com

Related Web Resources:

Protect Your Family and Yourself from Carbon Monoxide Poisoning, Indoor Air Quality

Carbon Monoxide Poisoning, CDC

Continue reading "Taunton Nursing Home Residents and Workers Sent to Hospitals After Exposure to Carbon Monoxide" »

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Posted In: Personal Injury , Premises Liability , Products Liability

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A recent WCBV report discussed the possibility that there could be over 30 million defective tire valve stems on motor vehicles currently in use. A valve stem is a rubber part that is inserted into a tire so that air can be pumped into it. If there is a flaw in the rubber, however, a tire can rupture or deflate, and a flat tire or an auto crash can result.

One man, 31-year-old Robert Monk, died last November when his SUV flipped over. The cause of the rollover, according to investigators, was tire failure due to loss of air pressure. As a result, Monk lost control of the vehicle. His family has filed a wrongful death lawsuit against Discount Tire Co. and Dill Air Controls Products, LLC.

Following the deadly crash, Dill Air Controls Products told service centers that the cracked valve stems had come from a factory in China. Motor vehicle drivers, however, were not notified of the problem. Another company that also obtained valves from the same Chinese factory recalled six million cracked valves. Dill says there could be 30 million defective valves out on the roads.

While the initial hazard was thought to involve only replacement tires, WCBV found that the tires on some brand new cars may also come with the same defect. Several weeks ago, the National Highway Transportation Safety Administration demanded that Dill turn over its list of customers.

Tire defects can result in flat tires, tread separation, tire blowouts, and vehicle rollovers that can lead to serious injuries if the vehicles becomes involved in an auto accident. Injuries can include broken bones, paralysis, anoxic brain damage, closed head injuries, spinal cord injuries, and death.

Potential Defect Threatens More Than 30 Million Tires, TheBostonChannel.com, June 23, 2008

Fatal Rollover Prompts Probe into Chinese-Made Tire Valve Stems Safety, Forbes.com, June 12, 2008

Related Web Resources:

Read the Wrongful Death Action (PDF)

Read the Summary of the NHTSA's Investigation (PDF)

Continue reading "Over 30 Million Motor Vehicle Tires May Have Defective Valve Stems" »

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Two people riding a 1995 Harley-Davidson were injured on Monday in Bridgewater after they were hit by a car while stopped at a red light at the intersection of Main and High streets. The driver of the motorcycle, Valdemar Cordeiro, sustained head trauma, and his passenger, Kelly O’Brien, sustained leg injuries. Both of the them were taken to local hospitals for medical attention following the Massachusetts motorcycle accident.

The driver of the car, 38-year-old Kevin Quigley, did not stop after striking the motorcycle. He was later apprehended by police, who claim that he at first gave a relative’s name and birth date and said he had not been at the accident scene.

Quigley was arrested and charged with one count of operating under the influence of alcohol for a fifth offense, two counts of operating under the influence of alcohol causing serious injury, failure to stop at a red light, negligent operation of a motor vehicle, a marked lanes violation, and giving a false name to a police officer.

Motorcycle Accidents
Motorcyclists and their passengers are prone to serious injuries when involved in a traffic accident with a car, truck, or bus. You are entitled to personal injury compensation if you are a motorcyclist injured because another party was negligent.

Injuries that can occur during a motorcycle accident:

• Broken bones
• Back injuries
• Spinal cord injuries
• Brain injuries
• Road Burns
• Disfigurement
• Coma
• Emotional and mental trauma
• Burn injuries

Two on motorcycle injured when hit by a car in Bridgewater, Enterprisenews.com, July 9, 2008

Related Web Resources:

Motorcycle Accident Cause Factors and Identification (PDF)

National Agenda for Motorcycle Safety

Continue reading "Two People Injured In Bridgewater, Massachusetts After Their Motorcycle is Hit by a Car" »

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In Norfolk Superior Court, the Roman Catholic Archdiocese of Boston filed a products liability lawsuit against Whirlpool seeking $10 million for compensation related to a seven-alarm refrigerator-caused fire that destroyed the Sacred Heart Church in Weymouth on June 9, 2005.

The lawsuit accuses Whirlpool of negligence and knowing that it was placing the 134-year-old church under unreasonable risk of harm. The Archdiocese is alleging that the company breached its implied warranty because the refrigerator was in a defective state and therefore hazardous and that the home appliance manufacturer should have known or knew that it had subjected the church to unreasonable risk.The complaint also accuses Whirlpool of violating the Massachusetts Consumer Protection Act.

It cost over $10 million to rebuild the church, which was burned to the ground. The Weymouth Fire Department, Weymouth Police Department, the Office of the State Fire Marshall, and the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted a joint investigation. A malfunction in an old refrigerator in the church basement was determined to be the cause of the fire.

Products can become defective during the design phase or while they are being manufactured. A manufacturer may also have breached its warranty for a specific product. Our defective products lawyers will work with experts to identify the defect and determine whether the manufacturer, designer, or retailer could have acted to prevent the defect. If product is not defective, and you are injured because of a malfunction, the manufacturer could still be held strictly liable.

Archdiocese files $10M suit agains Whirlpool in ’05 blaze, Boston Herald.com, July 2, 2008

Weymouth church destroyed, Boston.com, June 10, 2005

Related Web Resources:

Whirlpool Corp.

Archdiocese of Boston

Mass Law About Consumer Protection

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Posted In: Products Liability

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