Boston Injury Lawyer Blog

A Massachusetts three-car collision close to the Mendon town line this weekend left two Milford men with serious injuries, while four others were also treated for minor injuries at a local hospital. The auto crash happened on Saturday afternoon on Hartford Avenue when a Ford pickup truck hydroplaned, colliding with two cars.

Preliminary details indicate that the pickup truck driver turned sideways and drove into the path of the other two vehicles after hydroplaning. The pickup truck driver, 32-year-old Milford resident Nelson Pacheco, and his passenger, Kenneth Doyle sustained serious injuries from the crash.

The two passengers of the Toyota Sequoia that struck Pacheco’s pickup suffered minor injuries, as did the two people riding the black Hyundai that was also involved in the multi-vehicle collision. All of the victims were treated at Milford Regional Medical Center.

Bellingham say that weather was a factor in causing the auto injury accident and an investigation is ongoing. The Central Massachusetts Accident Reconstruction Team is also looking into the cause of the crash.

Insurance.com Offers a Number of Tips for Driving in Wet Weather, Including:

• Don’t drive too fast.
• Do NOT slam on the brakes if your car skids.
• Make sure there is a safe amount of distance between you and other cars.
• Make sure that you pay extra attention when driving.
• Make sure your tires are in good condition.

Negligent driving even when weather conditions are bad can be grounds for a Boston personal injury claim or lawsuit if anyone is injured as a result.

Two Milford Men Injured in Crash, The Milford Daily News, September 28, 2008

Wet-Weather Driving Tips, Insurance.com

Related Web Resource:

Safe Family: Driving in wet weather, KXII.com, August 19, 2008

Continue reading "Two Massachusetts Men Seriously Injured in Multi-Crash Near Mendon Town Line" »

The US Coast Guard has released the latest statistics involving boating accidents in Massachusetts and throughout the United States.

Statistics Include:

• 685 boating fatalities throughout the US in 2007.
• 9 of these deaths occurred in Massachusetts, where 36 boating accidents occurred.
• There have been at least 6 Massachusetts boating fatalities so far this year.
• There have been 101 boating accident deaths in the state over the last 10 years.
• A total of 5,191 recreational boating accidents occurred throughout the US in 2007.
• 3,673 people suffered injuries in these accidents.

Massachusetts Environmental Police Capt. George Agganis says that while the exact number of deaths may vary from year to year in the state and throughout the US, the causes of boating fatalities tend to stay the same and include:

• Drunk driving
• Driver inattention
• Speeding
• Careless or reckless operation of the vessel

More Boating Accident Facts from the US Coast Guard Study:

• The cause of death of over 2/3rds of all boating accident deaths is drowning.
• 90% of the victims were not wearing life jackets when they died.
• Alcohol is a main factor in 21% of all boating deaths.

Safety instruction key to fewer boat fatalities, Telegram.com, August 22, 2008

Accident Statistics, US Coast Guard

Related Web Resources:

Department of Conservation and Recreation, Mass.gov

Massachusetts Boats, DMV.org

Continue reading "US Coast Guard Reports 9 Massachusetts Recreational Boating Accidents in 2007" »

While the Food and Drug Administration has done extensive study on psychiatric drugs to see whether they increase the risk of suicide, they are now taking a look at whether other medications, such as drugs to treat seizures, smoking, and asthma, also pose a similar risk.

Drugs that experts are worried could lead to suicidal thoughts if ingested included:

• Paxil, Zoloft, and all other antidepressants
• Neurontin, Lyrica, and other anti-convulsives
• Chantix, which is used to help people quit smoking
• Asthma and allergy drug Singulair
• Accutane, for acne

Drug companies say there is no cause-and-effect evidence to confirm that these drugs increase the chances of someone committing suicide. However, one family claims that their 15-year-old son, Cody Miller, killed himself last year after he started taking Singular to treat his allergies. Two months later, Merck & Co. revised its prescription literature to include the information that some patients have experienced suicidal actions and thoughts while taking the allergy drug. The drug manufacturer, however, is quick to point out that with over 40 controlled clinical trials showing no connection to suicide, this link may just be a coincidence.

In another incident, reported by the Boston Globe, the family of Dr. Douglas Briggs is suing Pfizer for his wrongful death. Briggs began taking Neurontin to alleviate severe back pain in February 2004. He committed suicide on Christmas Day later that year.

Pfizer has prescribing literature that includes “suicidal gesture” and “suicidal” as adverse but rare side effects that were reported from its clinical trials for Neurontin. The drug maker, however, says that it doesn’t believe the suicidal reactions are connected to taking the drug.

The FDA and drug manufacturers are supposed to make sure their medications are safe for users. They are also required to notify the public of any adverse side effects that could result from taking the drug. Failure to warn can be grounds for a products liability or wrongful death lawsuit.

Suicide risks studied in drugs for physical ills, Boston.com, August 31, 2008

List of drugs with suicide concerns, Boston.com, August 31, 2008

Related Web Resources:

Paxil

Singulair

Five years after a pyrotechnics display at a nightclub killed 100 people during a rock concert, the Great White band has reached a $1 million settlement agreement with survivors and victims families. Over 200 people were injured in the fatal fire. Great White band member Ty Longley also died in the blaze, which has been called the 4th worst nightclub blaze in US history.

The fire broke out at The Station, a Rhode Island nightclub, when band tour manager Daniel Biechele ignited pyrotechnics at the start of the concert. The packaging foam used by the club to soundproof around the stage caught on fire. Biechele pleaded guilty to 100 counts of involuntary manslaughter, as did nightclub owners Jeffrey and Michael Derderian.

Dozens of plaintiffs have been named as defendants in lawsuits filed by fire victims and family members.

By agreeing to settle, the band members are not admitting to wrongdoing or misconduct. The settlement calls for the over 300 plaintiffs to endorse the agreement. A distribution plan for the funds also must be first worked out. Biechele, lead singer Jack Russell, the band’s management company, the record label, and several others are part of this settlement agreement with the fire victims.

Several other parties have settled their cases with the victims and family members including, the town of West Warwick and the state of Rhode Island. Both have agreed to settle with the plaintiffs for $20 million. Anheuser-Busch and a Rhode Island beer distributor will pay $21 million, and several foam manufacturers have agreed to pay $30 million. Other parties that were also sued for personal injury include a local fire marshal and the radio station that promoted the concert.

Settlements roll in over deadly nightclub fire, CNN.com, September 3, 2008

Great White offers $1m in nightclub fire, Boston.com, September 3, 2008

Related Web Resources:

Great White to Offer $1 Million to Victims of “Hot” Club Concert, EfluxMedia.com, September 3, 2008

Great White, Mistabone.com

The Massachusetts family of Visar Luzha, a 19-year-old teenager who died in a chimney collapse accident at a party in 2005, is suing the party host for wrongful death. The plaintiffs, who are seeking $3 million in damages on behalf of Luzha’s estate, filed their lawsuit in Salem Superior Court in August.

The fatal freak accident occurred at a house party in Beverly on August 19, 2005. Luzha, an immigrant from Kosovo, was sitting in a hammock that was hanging between a chimney and a tree. The chimney gave way, causing cinder blocks to fall onto Luzha and hit him on the head. He died from his injuries.

The lawsuit contends that Rachel Halupowki invited people to the home but did not obtain permission from the property owners to have the party guests over. The plaintiff says that Halupowski, now 21, had a duty to protect her guests and she failed in that duty when she did not warn Luzha that it might not be safe to sit in the hammock.

Luzha’s family is seeking compensatory and punitive damages for pain and suffering, wrongful death, and gross negligence.

Who can file a claim for wrongful death in Massachusetts:

• Husband or wife
• Children
• If there is no spouse or children, then next of kin are entitled to wrongful death recovery

Property owners and those overseeing a property or event are required to ensure that there are no unsafe conditions on a premise that can cause serious injury or death. They can be held liable for premises liability or wrongful death if someone is injured or killed on the premise and they knew (or should have known) that the unsafe condition existed and did nothing to repair, remedy, or remove the hazard.

$3M lawsuit filed over teen's death, SalemNews.com, August 9, 2008

Victim of hammock accident mourned, Boston.com, August 22, 2005

Related Web Resource:

Massachusetts, Summary of State Wrongful Death and Intestacy Statutes

Some 2,000 Massachusetts nursing home residents suffering from traumatic brain injuries may soon leave the homes. The move could be the result of an all-but-final court settlement stemming from a lawsuit filed last year by advocates estimating that at least 25% of the 8,200 TBI patients residing in nursing home want to live somewhere else.

The plaintiff’s contended that federal law grants TBI residents the right to live as normal a life as they can. However, until recently, brain injury patients that needed Medicare to cover their long-term intensive support could only receive that care at nursing homes. That is, except for the Medicaid “wavier” granted to 100 people to receive community care.

The settlement is expected to increase how many people can receive this community care exception and redirect Medicaid funds from nursing homes to community care. New living arrangements for TBI patients could range from group homes to residing with families, as well as in special apartments.

The settlement is expected to be approved soon. The settlement would give the state of Massachusetts six months to get permission from the federal government to grant 300 TBI nursing home residents the option of moving into new living situations. Some 200 other residents would receive help from a broader Medicaid program each year.

Some specialists say that nursing homes don’t necessarily provide TBI patients with the resources they need for their condition to improve. Thrust into nursing homes because there are no other options, the condition of some TBI patients may even suffer.

Approximately 5 million Americans are suffering from traumatic brain injuries. Many of these injuries are a result of personal injury accidents that are caused by other parties’ negligence, including motor vehicle accidents, slip and fall accidents, construction accidents, and medical malpractice accidents.

Many brain injury patients poised to quit nursing homes for freer lives, Boston.com, August 14, 2008

Settlement would move some brain-injured from nursing homes, BostonHerald.com, June 2, 2008

Related Web Resources:

NINDS Traumatic Brain Injury Information Page, National Institute of Neurological Disorders and Stroke

Traumatic Brain Injury, CDC

Continue reading "Massachusetts Traumatic Brain Injury Patients Seek to Leave Nursing Homes" »

A group of Massachusetts teenagers that say Nantucket police officers applied “excessive force” when arresting them without probable cause have filed a federal lawsuit. Troy Sullivan, Nicholas Phillips, David Loveberry, Adeane Watty, and Terrance Johnson, ages 13 to 18 and all African-American, say they were riding their bikes on August 8, 2007 at around 10:30 at night in Nantucket when Police Officer Taylor Noll told them to “move to the other side of the street.”

The teenagers say that they asked why the police officer did not ask the Caucasian tourists and workers that were there to move also. Noll then requested police backup and all the police officers that were on the island responded. A number of them reportedly chased the teenagers, with one cop ordering the boys to get on the ground. Officers Michael Nee, Richard Aprea, and Briand Ketcham then jumped on three of them and forced them onto the ground.

13-year-old Terrence Johnson’s shoulder became separated during the incident. Troy Sullivan fell of his bike after Officer Nee hit him with his police car. In front of a crowd, the five teenagers were restrained, frisked, and according to the plaintiffs’ lawyers, illegally arrested.

Nantucket Police Chief William Pittman, who has said the police men used excessive force, has ordered a full probe into the incident. None of the officers involved were disciplined.

Police Brutality Statistics
According to the Department of Justice, incidents involving excessive use of force and other tactics by law enforcement officers have increased by 25% between 2001 and 2007. Federal records indicate that most reported incidents do not lead to anyone being prosecuted for police brutality.

Injuries caused by police brutality can be grounds for a personal injury lawsuit.

Five black teens sue Nantucket police, Boston.com, August 30, 2008

Police brutality cases on rise since 9/11, USAToday.com, July 18, 2007

Related Web Resource:
Police Brutality and Accountability in the United States, HRW.org

General Motors has announced the recall of 944,000 motor vehicles due to concerns that a fire could break out in the vehicles’ heated windshield washer fluid system. 850,000 of the vehicles recalled are in the US. According to GM, If the circuit board that controls the system experiences a short circuit, a grounding wire could overheat. This could lead to other electrical components malfunctioning and in rare instances, a fire could break out.

The auto manufacturing giant says that it knows of at least three incidents in which fires broke out in GM motor vehicles because of this problem. Two vehicles belonged to GM’s fleet of test automobiles. No injuries have been reported. The Chicago Tribune, however, is reporting nine fires stemming from the auto parts defect. As part of the recall, GM dealers will install a device that will allow the system to shut down if a short circuit happens.

Car Fires
Car fires can cause serious injury to drivers, passengers, and others. They can result in toxic or deadly gases, such as carbon monoxide, being emitted from a vehicle.
Car fires can generate heat as hot as 1500 degrees Farenheit, with flames from that potentially extending as far out as 10 feet and beyond. A motor vehicle fire can lead to a deadly explosion, especially when fed by the gas in an automobile's tank.

According to the US Fire Administration, in 2006:

• There were 278,000 auto fires.
• 490 people died in these fires.
• 1,200 others were injured.

GM recalls 850,000 vehicles over fire risk, ChicagoTribune.com, August 30, 2008

Electric fault spurs big GM recall, Reuters, August 29, 2008

Car Fires: What You Need to Know to Be Safe, Kids Safety Klub

Related Web Resources:

Electric fault spurs big GM recall, Reuters.com, August 29, 2008

The Recalls Summary (Includes the list of GM Vehicles that are part of the recall), NHTSA

General Motors

US Fire Administration

Continue reading "Fire Hazard Prompts General Motors to Recall 944,000 Motor Vehicles" »

Massachusetts State Police say that all 13 people riding a 15-passenger van were injured on Thursday when the vehicle crashed into a tollbooth barrier after driving onto a median. The accident victims were transported to Tufts Medical Center, Massachusetts General Hospital, and Boston Medical Center following the collision.

The accident occurred at around 6:30 at night as the van was going to Boston from Home Made Brand Foods, the Newburyport company that employs the van’s passengers. During the crash, both front-seat airbags were deployed in the Ford E-350 Super Duty XLT.

Chelsea Deputy Fire Chief Robert Better says that the lack of skid marks indicates that there may have been a problem with the van’s breaks. Massachusetts State Police and a reconstruction team have yet to conclude their investigation into the cause of the crash.

The tollbooth employees (employed by the Massachusetts Port Authority) that were in the booth when the motor vehicle collision happened did not get hurt but were upset by the accident.

Motor Vehicle Crashes
There are may reasons why a Massachusetts motor vehicle crash can happen, including:

• Auto defect
• Driver negligence
• Defective traffic lights
• Improper signage or insufficient safety precautions on a road
• Debris on the road

Crash on the Tobin Bridge injures 13 who were in van, Boston.com, August 29, 2008

Van crashes into toll plaza on Tobin Bridge, WHDH, August 29, 2008

Related Web Resources:

15-Passenger Van Safety Hazards, Public Citizen

Tobin Bridge, Massport.com

Continue reading "15-Passenger Van Accident on Massachusetts's Tobin Bridge Leaves 13 People Injured" »