Boston Injury Lawyer Blog

Massachusetts state troopers are investigating the circumstances surrounding the accidental shooting death of 8-year-old Christopher Bizilj at a gun show in Hampden County over the weekend. Bizilj was attending the Machine Gun Shoot and Firearms Expo, an annual event at the Westfield Sportsman’s Club, when he accidentally shot himself in the head with a 9mm micro submachine gun.

A certified instructor was supervising the boy when the tragic accident happened. Christopher’s older brother and dad were also with him. According to police, Christopher lost control of the weapon during the recoil. It was the first time the 8-year-old had shot a fully automatic machine gun.

In Massachusetts, it is legal for a child to fire a gun if he or she has parental or guardian consent and is supervised by a certified instructor. Hampden County District Attorney William Bennett however, has said that he hasn’t found any law that would let a young child own or shoot a machine gun. He is trying to find out whether letting Christopher fire the gun violated Massachusetts’s firearms statute.

State troopers have started interviewing people associated with the shooting to see if anyone acted wantonly and recklessly, allowing the tragic accident to happen. An attorney for the Brady Campaign to Prevent Gun Violence believes that Massachusetts law makes it illegal to provide a machine gun to anyone under 18.

Christopher will be buried during a private ceremony tomorrow.

State probes gun death, BostonHerald.com, October 29, 2008

DA: Criminal charges possible in boy’s Uzi death, BostonHerald.com

Related Web Resources:

Chapter 140, General Laws of Massachusetts

‘Micro Uzi’ fires 1,700 per minute, Boston Herald, October 28, 2008

Premises Liability and Wrongful Death
If your loved one was killed at an event on a public or private premise because of what you believe may have been the responsible party’s negligent or careless actions, you and your family may be able to file a Massachusetts wrongful death claim against all negligent parties.

Premise owners and event supervisors are supposed to make sure that there are no dangerous conditions on a premise that could cause injury or harm to visitors. In the event that there are dangerous conditions on a premise, safety precautions must be put in place and patrons must be made aware that the hazards exist. Otherwise, an injured party may have grounds to file a premises liability lawsuit.

Continue reading "8-Year-old Boy Dies After Accidentally Shooting Himself with Machine Gun at Massachusetts Gun Show" »

A Massachusetts construction worker sustained moderate crush injuries after getting hurt at T & K Asphalt Sealing in Whitman on Monday. The worker, 32, was under the cab of a bobcat when the bucket arms of the heavy machinery came down and crushed him. A co-worker lifted the construction equipment off the injured worker.

According to Whitman Fire Chief Timothy Grenneo, the man was in great pain. The victim was transported to Beth Israel Hospital for treatment of his injuries. The Department of Public Safety and the Occupational Safety and Health Administration are investigating the cause of the construction accident.

If you or your loved one is a worker who was injured in a Massachusetts construction accident, it is important that you know about your rights to receive workers’ compensation benefits or personal injury recovery from any negligent third parties.

Examples of Construction Accidents that Can Result in Serious Injuries:

• Gas explosions
• Fires
• Welding accidents
• Fall accidents
• Trench collapses
• Electrocution accidents
• Hazardous leaks
• Electric shock accidents
• Motor vehicle accidents
• Construction machinery accidents
• Operating equipment accidents
• Scaffolding accidents
• Crane accidents
• Accidents involving defective construction equipment

Construction injuries can lead to costly medical and recovery bills. In some instances, a construction worker may be so seriously injured that he or she may no longer be able to work again and support the family. Ongoing medical and nursing care can take a toll not only on the victim but also on the family’s financial livelihood.

Man trapped by constuction machinery in Whitman, Wicked Local, October 27, 2008

Construction worker injured in Whitman, 7 Boston, October 27, 2008

Related Web Resources:

Occupational Health and Safety Administration

Massachusetts Department of Public Safety

T & K Asphalt Sealing

Continue reading "Massachusetts Construction Worker Sustains Crush Injuries After Getting Trapped Under Machinery in Whitman Accident " »

A Medford mother is suing East Elite Cheer Gym for her daughter’s 2005 wrongful death. Ashley Burns, then 14, died from a lacerated spleen after she fell during a routine cheerleading stunt at the gym.

Ashley was taking cheerleading lessons at the gym, along with other members of the Medford High School cheerleading team when the accident happened. According to Ruth Burns’s Massachusetts wrongful death lawsuit, filed in Middlesex Superior Court, her daughter fell while attempting to perform a double twist dismount while being “popped up” by two other cheerleaders.

Ashley was Ruth’s only child. Ruth says that she continues to take medication and is unable to work because of Ashley’s death.

Also named as defendants in the wrongful death lawsuit are the American Association of Cheerleading Coaches and Administrators and the US All Star Federation for Cheer and Dance Teams. Ruth Burns says she hopes her daughter’s death and the wrongful death lawsuit will result in new nationwide cheerleading safety standards that will prevent more injuries and deaths. Her Medford wrongful death lawyer accused the cheerleading industry of placing the lives of cheerleaders at risk for profit.

Sporting Accidents
If you or someone you love was injured in a sporting accident because the trainer, coach, or supervisor failed to provide proper supervision or implement the proper safety measures, you and your family may be able to file a Massachusetts personal injury lawsuit against all negligent parties to obtain compensation.

Common sporting injuries include:

• Head injuries
• Traumatic brain injuries
• Broken bones
• Knee injuries
• Sprains
• Strains
• Fractures

Ruptured Spleen
A ruptured spleen can occur when there is a blow to the left lower chest or upper abdomen. Common causes of ruptured spleens include physical assaults, motor vehicle crashes, and sporting accidents. A ruptured spleen can be fatal if the patient experiences life-threatening bleeding as a result of the injury.

Massachusetts Woman Sues Over Daughter's Cheerleading Death, Fox News, October 21, 2008

Mom files lawsuit in cheerleader’s ’05 death, Boston Herald, October 21, 2008

Related Web Resources:

American Association of Cheerleading Coaches and Administrators

US All Star Federation for Cheer and Dance Teams

Last week, the 1st U.S. Circuit Court of Appeals upheld a $3.1 million award against the US government for the wrongful death of a Massachusetts fisherman who was murdered in Boston by Winter Hill gang leaders Stephen Flemmi and James “Whitey” Bulger after an FBI agent leaked information to them. John McIntyre was murdered in 1984.

The US government has argued that ex-FBI agent John Connolly was a “rogue” agent who acted outside the scope of his job when he ignored the criminal activities of Bulger and Flemmi, who were his informants. The 1st Circuit Court, however, says that even though Connolly’s actions were illegal and went against FBI policy, they did fall within the scope of his job because the government allowed what it knew (or should have known) was going on for “the greater good of bringing down La Cosa Nostra.”

The court said that McIntyre’s wrongful death occurred because of the FBI’s attitude. McIntyre, also a government informant, was tortured to death after Connolly told the two gang leaders that the fisherman was going to implicate them over their involvement in an Irish Republican Army arms-smuggling ring.

Flemmi, who is serving a life sentence after pleading guilty to 10 murders, acknowledges that after Connolly gave him the information, he convinced McIntyre to go to a house in South Boston, where the 32-year-old was interrogated and murdered. Connolly is currently on trial for the murder and conspiracy to commit murder related to the 1982 death of business consultant John B. Callahan, whose slaying was also an alleged Bulger-orchestrated hit.

In 2006, the FBI was ordered to pay McIntyre’s mom, 80-year-old Quincy resident Emily McIntyre, $3.1 million.

Wrongful Death
A wrongful death is when someone dies because another party engaged in an act that was negligent, careless, or reckless. In Massachusetts, family members can file a wrongful death claim or lawsuit in order to recover compensation for their loved one's death.

Court upholds $3.1M judgement for mom of Whitey Bulger victim, BostonHerald.com, October 17, 2008

Court upholds decision, US liable in killing, Boston.com, October 17, 2008

Related Web Resources:

The myths of 'Whitey' Bulger, Boston.com, July 19, 1998

The Attorney General's Guidelines Regarding the Use of Confidential Informants, USDoj.gov

Bulger's ex-girlfriend testifies in Connolly trial, Boston.com, October 17, 2008

Out of the 417 Massachusetts traffic deaths in 2007, the National Highway Traffic Safety Administration says that 61 of those fatalities were pedestrians. Nationally in the US, there were 4,654 pedestrian deaths last year, with one pedestrian dying every 13 minutes.

2007’s national total is a 13% decrease from 10 years prior when 5,321 pedestrians died in 1997. 70,000 pedestrians survived traffic accidents with injuries last year.

Other 2007 NHTSA US Pedestrian Facts:

• 73% of pedestrian deaths happened in urban areas.
• 77% of pedestrian fatalities took place at non-intersections.
• Over 70% of the pedestrians that died last year were male.
• 721 elderly pedestrians, ages 70 and over, died in the US last year.
• 8% of pedestrian fatalities were children ages 15 and younger.
• 23% of pedestrian injury victims were also children in this age group.
• 85% of nonoccupant fatalities were pedestrians.
• 13% of nonoccupant fatalities were pedalcyclists.
• The remaining 3% were roller skaters, skateboarders, etc.
• In 49% of traffic accidents resulting in pedestrian deaths, at least one of the parties involved—whether the motorist or the pedestrian—had been drinking.

Under the General Laws of Massachusetts, motorists are supposed to yield the right-of-way to pedestrians crossing the streets in crosswalks, whether or not they are marked or unmarked. Both drivers and pedestrians are expected to exercise caution on the roads to prevent traffic accidents.

Pedestrians are at high risk of getting seriously hurt or dying anytime they are involved in an accident with a car, truck, bus, or motorcycle.

2007 Pedestrian Traffic Safety, NHTSA

Chapter 89: Section 11. Marked crosswalks; yielding right of way to pedestrians; penalty, The General Laws of Massachusetts

Related Web Resources:

Pedestrian Safety, Federal Highway Administration

Pedestrian and Bicycle Information Center, WalkingInfo.org

Continue reading "NHTSA Records 61 Pedestrian Deaths in Massachusetts" »

In Massachusetts, a construction accident on the AstraZeneca campus in Waltham on Sunday has left one worker, 40, dead and another, age 30, with serious injuries. According to Waltham Police, the work accident occurred at around 11 in the morning while the men were installing aluminum panels to the side of the lab that is under construction.

The two workers plunged to the ground some 25 feet when the hydraulic lift that the two men were on tipped over. While the older man died at the accident site, the younger worker was admitted to Beth Israel Deaconess Medical Center.

Police, who are investigating the crash, say that the lift, which was on an incline, became unstable. The Occupational Safety and Health Administration is also investigating the fall accident.

The two construction workers worked for Lymo Construction. An earlier accident at the Lymo site resulted in one worker hurting his knee. The company, however, says that it has an “excellent” safety record on the project. Lymo was cited three years ago for not having enough fall protection at a construction site in Pembroke.

Fall Accidents
Due to the nature of construction work, workers do risk getting hurt in fall accidents. This is why it is so important that construction companies implement and enforce the proper safety precautions and that workers use the correct protection gear.

Examples of Construction Falls:

Falls from roofs: Examples of this leading cause of death at construction sites include falls through skylights and openings in roofs, as well as falls from communication towers and rooftops.

Falls from cranes: Workers have been known to fall from great heights when a crane falls over. A series of crane collapse accidents in the US have led critics to question whether the proper safety precautions are being taken to prevent crane accidents.

Falls from elevator shafts: A worker doesn’t have to fall from a great height through an elevator shaft in order to sustain serious injuries or die.

Scaffolding falls: A common cause of scaffolding fall accidents is faulty construction.

Falls through Holes in Construction Site Floors: Weak floors or holes in flooring can lead to serious injuries for workers.

1 killed, 1 hurt in accident at job site, Boston.com, October 11, 2008

Man dead, another critical after lift collapse in Waltham, The MetroWest Daily News, October 10, 2008

Related Web Resources:

Lymo Construction

Occupational Safety and Health Administration

Continue reading "One Massachusetts Construction Worker is Dead and Another is Injured in Fall Accident From Lift at a Waltham Job Site" »

In Massachusetts, a wrongful death lawsuit filed in Plymouth County Superior Court alleges that the doctors of the woman who accidentally drove her car into Brockton Hospital last year are also responsible for her husband's wrongful death. Kathleen Vasa is suing Compass Medical, Dr. George Clairmont, Dr. Michelle Beaupre, Dr. Ersan Yalcin, and Dr. Jonathan Ellis for the death of her husband, Dr. Mark Vasa.

Vasa and another victim were killed last year after the vehicle driven by patient Jane Berghold crashed into the hospital. Berghold was a breast cancer patient who was being treated at the hospital.

Local police say the 77-year-old woman stepped on the gas pedal when she meant to step on the brake while parking her car. Instead of stopping her car, she drove her vehicle through the hospital’s radiation department. Vasa was the chief of radiation therapy at the hospital.

Berghold has since pleaded guilty to two counts of homicide by negligent operation of a motor vehicle and one count of negligent operation of a motor vehicle. She was sentenced to 18 months probation. She has also settled Kathleen Vasa's wrongful death claim against her.

Kathleen’s lawsuit against Compass Medical contends that Berghold had told doctors that she was experiencing dizzy spells when driving. The lawsuit accuses the doctors of negligence because of their alleged failure to warn Berghold that she shouldn’t drive while taking the powerful medications she had been prescribed. The elderly woman was receiving treatment at Compass Medical for diabetes, hypertension, and other ailments.

Kathleen Vasa is seeking unspecified punitive damages for negligence and wrongful death.

Abington doctors sued in fatal hospital crash, PatriotLedger.com, October 9, 2008

Suit Claims Hospital Crash Driver Had Dizzy Spells, WBZTV.com, October 9, 2008

Related Web Resources:
Widow sues driver in hospital crash, Boston.com, November 1, 2008

Car crashes into door at Brockton Hospital, Boston.com, October 16, 2007

Compass Medical, PC

Key evidence in the Massachusetts medical malpractice case filed by a woman who went blind after undergoing sinus surgery at Cape Code Hospital has disappeared. The medical malpractice trial is slated to begin next week.

The missing evidence consists of absorbent gauze, sutures, and a latex glove finger that were involved in the surgical malpractice incident. Plaintiff Jeannine Cullen underwent sinus surgery at the hospital in November 2001.

During the procedure, the packing material was inserted in Cullen's throat and experienced a loss of oxygen that eventually resulted in her loss of vision. The packing material, considered key evidence in the case, was being held in a safe in the hospital’s Pathology Department.

Last week, however, hospital officials discovered that the evidence was no longer n their possession. At a hearing in Barnstable Superior Court on Tuesday, a physician’s assistant in the hospital’s pathology lab expressed worries that a cleaning crew may have thrown out the surgical packing material last year.

Leaving Surgical Tools in Patients
The Center for Devices and Radiological Health and the Food and Drug Administration say that at least 1500 surgical patients a year leave the hospital with surgical tools that were accidentally inserted inside them during operations.

Surgical tools that have been found in patients following a procedure include clamps, tweezers, medical gauze, gloves, sponges, electrodes, and other medical equipment. Having these tools in the body can be dangerous to the patient, who could end up with serious personal injuries, including infection, organ damage, and death.

Hospital loses lawsuit evidence, Cape Cod Times, October 8, 2008

Surgical Tools Left in 1,500 Patients Per Year, ChiropracticSearch.org

Related Web Resources:

Cape Cod Hospital

Medical Malpractice Overview, Justia

The Boston widower and children of a woman that died in July 2006 when 26 tons of concrete fell from the Big Dig tunnel ceiling onto the car she was riding, will receive over $28 million for her wrongful death. The settlement resolves the family’s claim against all the defendants, including the Massachusetts Turnpike Authority, Modern Continental Co., Gannett Fleming Inc., Bechtel/Parsons Brinkerhoff, Newman Associates, and Powers Fasteners. The family is represented by Denner & Pellegrino, LLP.

39-year-old Milena Del Valle was crushed by the weight of the concrete slabs that fell onto the motor vehicle she was in. Her husband Angel, who was driving the car at the time of the accident, sustained minor injuries in the tunnel ceiling collapse.

A report released by the National Transportation Board last year found that a different kind of epoxy should have been used in the tunnel’s construction. The report placed blame for the deadly collapse on designer Gannett Fleming, construction contractor Modern Continental, Big Dig project manager Bechtel/Parsons Brinkerhoff, and Powers Fastener, which provided the epoxy.

The Massachusetts Turnpike Authority has called the 2006 tunnel collapse a colossal oversight failure by previous administrations and says that now that it is in charge of the tunnel, it has finished a detailed overview of the construction project and developed an inspection plan to prevent future fatal accidents.

Since construction of the Big Dig tunnel began, the project has had experienced a number of construction problems, including failing debris and leaks. Earlier this year, Bechtel/Parsons Brinckerhoff and 24 design companies reached a $458 million settlement agreement with the state of Massachusetts so they would not be criminally charged.

Massachusetts wrongful death cases can be complex cases to prove, and there may be more than one party liable for you death caused by another person's negligence in a motor vehicle crash or because of a defective product.

$28M settlement reached in Big Dig death lawsuit, AP, October 2, 2008

Family to get $28m in Big Dig death, Boston.com, October 1, 2008

:Related Web Resources:

Concrete falls, and a couple's joy is destroyed, Boston.com, July 12, 2006

The Big Dig, Massachusetts Turnpike Authority