Boston Injury Lawyer Blog

Dennis and Kimberly Quaid have reached a $750,000 medical malpractice settlement agreement with the Cedars-Sinai Medical Center for the medication error that nearly killed their twin infants last year.

Zoe Grace and Thomas Boone Quaid were accidentally administered 1,000 times the recommended dose of heparin, a blood thinner. The medication mistake caused the newborn babies to bleed uncontrollably and placed their health in critical condition. Hospital officials have acknowledged that lapses in safety contributed to the twins’ heparin overdose.

Dennis and Kimberly have a drug litigation lawsuit pending against Baxter Healthcare Corp. The Quaids contend that the design and labeling of the drug caused the medication mistake. They are accusing Baxter Healthcare Corp. of products liability.

Heparin
Heparin is often used to prevent patients from experiencing blood clots. It can be used before a surgery, prior to dialysis, or for other medical reasons. Unfortunately, there have been many reported incidents of people sustaining injuries or dying while using heparin. In April 2008, the US Food and Drug Adminisrration discovered that over 100 patients had died since January 2007 while taking heparin. 62 of the deaths were a result of allergic reactions. A number of victims reportedly experienced an adverse reaction when they were given heparin contaminated with oversulfated chondroitin sulfate.

You are entitled to personal injury compensation if you were injured or your health grew worse because you were prescribed the wrong medication, administered the wrong dose, or the drug that you were given was dangerous for your health, defective, improperly packaged, or failed to warn of the adverse side effects that you experienced.

Dennis Quaid settles with Cedars-Sinai, Los Angeles Times, December 16, 2008

FDA Triples Tally Of Heparin-Linked Deaths, CBS News, April 8, 2008

Related Web Resources:

Cedars-Sinai Medical Center

Baxter Healthcare Corporation

Police in the Boston area say at least 11 motor vehicle crashes occurred over the weekend. According to the National Weather Service, some 8.8 inches of snow fell from the sky on Friday, with another 3.7 inches of snow falling on Saturday and 3.8 inches on Saturday. This made for poor driving conditions. Some 50 plows tried to clear the streets over the weekend. Fortunately, there were no serious injuries.

One auto accident left a Jeep with significant damage after its driver hit an NStar utility pole. The 37-year-old Dedham motorist was eventually cited for leaving the scene of property damage. In another Boston motor vehicle crash, an auto struck another motor vehicle as it was backing out of a driveway. Another accident occured when a plow driver backed his vehicle into a Bridge Street building.

Driving in Snowy Weather
Snow and ice on the road can make for hazardous driving conditions that can lead to serious Massachusetts injury accidents. Just because poor weather conditions may have been a major factor in causing a traffic collision, however, does not mean that there aren’t steps that you can take to drive safely and prevent auto accidents from happening. As the driver of a car, truck, or bus, you are supposed to exercise even greater care to avoid auto crashes from happening, including:

• Drive at a slower speed
• Give yourself more time than usual to arrive at your destination.
• Make sure that there is even more space between you and the vehicle in front/behind you.
• Make sure your lights are on so that other drivers can see you.
• Brake gently so that your vehicle doesn’t skid.
• Don’t drive using your cruise control when the roads are icy.
• Drive defensively.

You may be entitled to Massachusetts personal injury compensation if you were injured in a Boston car accident.

Storm card : 3 days, 15 inches and 11 accident, The Daily News Transcript, December 22, 2008

Driving Safety Tips, National Weather Channel

Related Web Resource:
Winter Driving Safety Tips, Mass.gov

Continue reading "11 Boston Area Motor Vehicle Crashes Reported During Weekend Snowstorm" »

Officials with the National Transportation Safety Board are investigating the cause of the Continental Airlines jet crash that occurred last Saturday as it took off from Denver International Airport. The plane accident took place a little after 6pm as the Boeing 737 was speeding down an airport runway.

Investigators say that an unusual ratting sound can be heard on the cockpit’s data recorder. They also confirm that the plane’s pilots tried to abort the takeoff to prevent it from veering off the runway.

The plane ended up skidding off the runway, shearing off its tires as it slammed into the ravine. As the jet's fuel tanks began leaking, a fire started.

All passengers and crew members aboard the jet survived the aviation accident. Over three dozen people, however, were injured, as they scrambled out of exit doors to escape. 2 people reportedly sustained critical injuries. Fortunately, no one suffered burn injuries.

The plane’s copilot says the jet began veering away from the center of the runway as it was reaching a speed of 103mph. The plane’s captain, who sustained serious back injuries and fractures, has yet to be interviewed about what happened.

According to The Flight Safety Foundation, over 1/3rd of all plane accidents involve planes taking off from a runway. Plane accidents can often result in catastrophic injuries and serious emotional trauma for those who survive.

Investigators: Pilots Aborted Takeoff, Wall Street Journal, December 23, 2008

At Least 38 Injured In Denver Plane Crash, CBS News, December 20, 2008

Related Web Resources:

Plane Accidents, Justia

National Transportation Safety Board

Continue reading "NTSB Investigate Continental Airlines Jet Crash that Injured Nearly 40 Passengers" »

In Massachusetts, three children and three adults were taken to Boston-area hospitals for evaluation after a heating malfunction at their Dorchester apartment building released carbon monoxide into their rooms. The sound of carbon monoxide detectors going off prompted a fast evacuation of the premise.

The CO levels at the building was close to 10 times greater than what is considered safe. Clifford Long, who owns the property, says that a chimney that was partially blocked caused CO that was in the heating system’s exhaust to enter into the building.

The six patients displayed elevated carbon monoxide levels. Their symptoms included weakness, dizziness, and nausea.

Carbon Monoxide Poisoning
CO poisoning is the number one cause of poisoning death. Just a few minutes exposure to high levels of carbon monoxide can result in deaths. Because carbon monoxide is a colorless, odorless gas, it can be hard to know when a person has been exposed to it.

Symptoms of carbon monoxide poisoning are frequently mistaken for food poisoning or the flu, and CO can exacerbate the condition of someone who already has heart problems or respiratory illnesses. The elderly, infants, and fetuses are especially sensitive to the effects of carbon monoxide.

Premise owners and property managers are supposed to make sure that all devices on a premise that could emit CO are properly maintained and taken care of so that people do not becoming the victim of carbon monoxide poisoning. Failure to exercise this duty of care can be grounds for a Massachusetts premises liability lawsuit.

Fireplaces, water heaters, wooden stoves, gas stoves, furnaces, kerosene heaters, and blocked chimneys are just some of the devices that can end up leaking CO by accident, and the manufacturers of these products must make sure that there are no defects that can lead to CO poisoning. Injuries or death could lead to a products liability or wrongful death claim.

Carbon monoxide sends six to hospitals, Boston.com, December 17, 2008

Related Web Resources:

Carbon Monoxide Safety, Mass.gov

Carbon Monoxide Poisoning, CDC

Continue reading "Six Massachusetts Apartment Residents Are Sent To Boston-Area Hospitals Following Exposure To Carbon Monoxide" »

According to the Boston Herald, T substance abuse test results in the last three years show that 77 MBTA trolley operators, bus drivers, and train operators had tested positive for alcohol or drug use. Despite these results, only 21 of these MBTA workers were fired, while 2 other employees resigned.

Substance abuse by MBTA workers became an issue of scrutiny last month after trolley operators involved in two separate Green Line trolley crashes were fired after they took drug tests after the accidents and failed them. The MBTA has a two-strike policy for workers caught using substances.

The T randomly tests all workers employed in positions considered “safety sensitive." Anyone who fails testing is suspended for 40 days without pay. However, unless a vehicle crash or train collision is a factor, the worker usually gets a second chance.

Out of the 77 workers that did not pass T’s random drug testing, 54 of them received the 40-day suspension penalty but kept their jobs. About 8,700 MBTA workers have undergone random testing since 2006. Of the 21 employees that were fired, three of them were street car operators, 12 of them were bus drivers, and two of them were train operators.

Critics of this two-strike policy say that the MBTA should have a zero-tolerance policy for alcohol or drug use. Some 1.3 million rides occur on MBTA buses, trains, and trollies each week. A drugged out bus driver or a drunken trolley operator can cause serious injuries to train passengers, motorists, and pedestrians if their impairment prevents them from operating their vehicle properly and safely.

MBTA passengers injured in bus collisions, train accidents, or trolley crashes may have grounds to file an MBTA injury claim if their accident occurred because the T operator acted negligently or carelessly. The MBTA is required to hire qualified workers who will do their jobs in a manner that protects passenger safety. Failure to fulfill this duty can be grounds for a Massachusetts personal injury case.

T Workers Who Failed Drug Tests Still On Job, WCVB, December 17, 2008

Review: 54 MBTA workers failed drug tests but still on job, Boston Herald, December 17, 2008

Related Web Resources:

Massachusetts Bay Transportation Authority

T suspends, will fire two after Green Line crashes, Boston Herald, November 22, 2008

Continue reading "54 MBTA Workers Kept Their Jobs After Failing Alcohol and Drug Tests" »

Two Massachusetts teenagers died in Middleborough on Thursday after the 18-year-old driver lost control of his car and struck a tree. Driver Joseph W. DeYoung and his 17-year-old passenger, Brian McMahon, died from their injuries. DeYoung had just earned his driver’s license on December 2.

Middleborough police says wet roads, driver inexperience, and speeding contributed to the fatal Massachusetts car crash, which occurred early in the morning on Purchase Street as the teens were headed to school. An initial investigation into the crash indicates that DeYoung lost control of the car. The two Middleborough high school teens were pronounced dead at the accident site.

NHTSA Young Driver Facts
- In 2006, there were 13 million young, licensed drivers, 15 – 20 years-of age, in the United States.
- In 2007, 6,982 young drivers were involved in deadly motor vehicle crashes.
- Motor vehicle accidents is the number one killer of people, ages 15 - 20.
- 3,174 drivers, ages 15-20, died in auto crashes last year.
- 252,000 were injured.
- 1,631,000 young drivers were involved in the 10,524,000 auto crash incidents that were reported to police.
31% of young drivers that died in traffic accidents last year had consumed alcohol.
-

In Massachusetts:
- 83 people died in Massachusetts motor vehicle crashes involving young drivers last year.
- 36 of the victims were young drivers operating one of the vehicles.
- 28 of the fatalities were occupants of vehicles driven by young drivers.
- 16 of the people that died were riding in other vehicles.
- 3 of the victims who died were not riding in any vehicles.

On their way to school, two teens die in crash, Boston.com, December 12, 2008

Young Drivers, 2007 Traffic Safety Facts, NHTSA

Related Web Resources:

A Comprehensive Approach to Teen Driver Safety

Statistics About Teen Drivers, Mass.gov

Continue reading "Two Middleborough Teens Killed in Massachusetts Car Accident" »

Unicef and the World Health Organization say that 830,000 children are killed around the world in accidents. Their report, the World Report on Child Injury Prevention, is the first report to gather all known information on child injuries and deaths around the globe.

The report’s estimates are acknowledged to be broad because so many poor countries are unable to collect many health statistics. The findings also take into account that there are many children who are injured or killed without receiving medical care.

According to the report, the most common causes of fatal child injuries around the world include:

• Motor vehicle accidents
• Burn injuries
• Drowning accidents
• Fall Accidents
• Poison

Other common causes of death include murder, serious illnesses, diseases, childbirth, and abortion.

The United Nations is encouraging governments to require safety measures, such as pool fences and bicycle helmets, that could save thousands of kids' lives each year. The UN Children's Fund and WHO report says use of lifejackets, childproof medicines, window guards, and smoke alarms, could also save many lives.

In the United States, according to the Centers for Disease Control and Prevention, 12,175 children are killed in accidents each year:

• US motor vehicle collisions continue to be the leading cause of death for kids 1 year of age or older.
• Suffocation is the number one cause of death among kids younger than 1.
• Drowning accidents is a leading cause of death for kids ages 1 to 4.

CDC injury prevention chief Ileana Arias says making kids younger than 8 ride in booster sides, passing graduated driver’s license laws in more US states, and barring teens from driving with other teens or at night could save lives.

In Massachusetts and other US states, these lists of common injuries and deaths can be grounds for personal injury and wrongful death lawsuits if another party was negligent in causing the motor vehicle crash, burn accident, dog attack, fall accident, suffocation accident, or another injury accident to occur.

Report Sounds Alarm on Child Accidents, NY Times, December 9, 2008

Preventable injuries kill 2000 children every day, WHO, December 10, 2008

Car Crashes, Falls Top List of Accidental Injuries for Kids, US News and World Report, December 10, 2008

Related Web Resources:

Read the World Report on Child Injury Prevention (PDF)

UNICEF

Continue reading "Leading Causes of Child Deaths Are Also Common Causes of Personal Injuries and Wrongful Deaths" »

The widow of a worker who died after he was crushed by 2,500 pounds of granite has settled her Massachusetts wrongful death lawsuit with a company for $1.2 million. As part of the agreement, the name of the company that settled the lawsuit will remain confidential.

Valdecir Rodrigues died after a number of granite slabs fell on him, crushing his chest and suffocating him during a work accident on October 3, 2005.The 38-year-old died from his injuries.

Valdecir had been employed at ASI Industries, LLC when the accident occurred. Another company, Atlantic Stone Industries LLC, had retained a safety expert to train and oversee ASI’s workers but did not pay him. The two companies are no longer in business, but Elisabete Rodrigues received $675,000 in workers’ compensation benefits for her husband’s death.

The wrongful death settlement report says that ASI did not have any training manuals and failed to conduct safety meetings. The company also is accused of failing to put in place the proper safety mechanisms. Meantime, employees, who were not trained, were expected to show new workers how to do their jobs.

Prior to Valdecir’s death, the Occupational Safety and Health Administration had cited ASI for numerous health violations. Following his death, a federal investigation discovered 15 serious safety and health violations at ASI, including the improper training for how to work with granite slabs and the improper storage of the slabs.

Elisabete’s Massachusetts wrongful death lawyers say Valdecir’s death could have been prevented if proper regulations had been implemented. They say that unfortunately, many immigrants who are unfamiliar with their rights as workers are hired to do dangerous jobs.

Storing, Unloading, Handling, and Transporting Stone, Marble, and Granite Slabs
Working with granite, stone, or marble slabs can result in serious injuries or death, which is why it is important that the proper safety precautions are in place to minimize any dangers. Workers must also be trained on how to work with the heavy slabs.

Widow of worker killed by granite slab settles for $1.2 million, Metrowest Daily News, November 23, 2008

Hazards of Transporting, Unloading, Storing and Handling Granite,
Marble and Stone Slabs, OSHA

Related Web Resources:

Department of Industrial Accidents, Massachusetts.gov

Workers' Compensation, Justia

Continue reading "Marlborough Worker’s Widow to Receive $1.2 Million for Massachusetts Wrongful Death " »

The attorney for the family of Jdimytai Damour, a seasonal Wal-Mart maintenance employee who died after being trampled by shoppers that were scrambling to enter the store during last week’s Black Friday sale, says that Wal-Mart Stores Inc. could have done more to prevent the 34-year-old’s death. Damour died of positional asphyxia, which means the position that his body was in prevented him from breathing.

The catastrophic work accident happened at about 5am, as some 2,000 shoppers broke the glass door and stampeded into the Wal-Mart store so they could avail of huge (but limited) discounts on computers, electronics, and other items. The United Food and Commercial Workers Union Local 1500 is calling for a full investigation into the incident. It also wants Wal-Mart to take action so that such a deadly accident never happens in one of its stores again. Already, Fritz and Jonathan Mesadieu are suing Wal-Mart for injuries they sustained during the shopping frenzy at the same store where Damour was trampled.

The Mesadieus' lawsuit is not the first time the retail chain has been sued for personal injury. In 2003, a female shopper filed a lawsuit after she was injured at a Wal-Mart when two other shoppers grabbed her neck and pushed her after she tried cutting in line. In 1999, five customers sued Wal-Mart because they claim that other shoppers who were scrambling for Furby dolls had injured them.

Wal-Mart insists that it put in place numerous safety precautions at the store where Damou died during last week’s post-Thanksgiving sale, including setting up barricades and making sure there were internal and external security teams present. The wrongful death lawyer for Damou’s three sisters, however, disputes these claims and says the Wal-Mart store did not have enough security personnel onsite who were properly trained.

Whether or not Damou’s family will qualify for death benefits under workers’ compensation law or are able to file a wrongful death lawsuit against Wal-Mart will depend on whether or not Damou, hired from a temporary work agency, is considered a company employee. The family is also considering whether to file third party lawsuits. Some people are critcizing local police for their failure to prevent the deadly work accident. Nassau County police, however, say that providing security at the Wal-Mart store was not their responsibility.

Wal-Mart Assailed on Death, The Wall Street Journal, December 2, 2008

Wal-Mart death preventable, union says, CNN, November 30, 2008

Related Web Resources:

Workers' Compensation, Justia

Continue reading "Wal-Mart Employee Trampled During Black Friday Shopping Sale Died From Positional Asphyxia " »