Boston Injury Lawyer Blog

In Massachusetts, a Taunton woman is suing the city of Taunton and police officer Robert Kramer for personal injuries she sustained from an alleged police brutality incident. In her federal lawsuit, Celine Kaye is seeking unspecified damages for broken ribs, facial fractures, and emotional trauma. She claims Officer Kramer violated her civil rights when he engaged in police brutality, and she is accusing the city of Taunton of neglecting to properly supervise him.

Kaye contends that on August 2007, while watching police officers arrest her daughter’s boyfriend, Kramer beat and kicked her after telling her to go back into her home. The attorney for the city of Taunton disputes Kaye’s claims, maintaining that Kramer is one of the city’s best police officers and that he did not use excessive force on the plaintiff.

Police Beatings
Police officers are never supposed to use excessive force when apprehending or detaining or interacting with anyone. This type of behavior is a violation of one’s civil rights and can be grounds for a personal injury claim or a civil rights violation lawsuit.

Unfortunately, police brutality continues to be a problem in the United States, with way too many suspects and innocent bystanders accusing police of excessive use of force. According to a December 2007 USAToday.com article, the number of incidents involving police violence reportedly grew following September 11, 2007. Prior to the World Trade Center attacks, police agencies began dropping standards to fill vacancies, and cost-cutting measures have also resulted in less training.

Unfortunately, police brutality cases can be extremely difficult to criminally prosecute. Juries tend to believe police officers and the credibility of many victims can be easily challenged. It is important however, to note that there are civil remedies available to you to allow you to obtain compensation from a negligent police officer or a Massachusetts city for the violation of your civil rights.

Woman sues city of Taunton, police detective, Boston Herald, March 23, 2009

Police brutality cases on rise since 9/11, USA Today, December 18, 2007

Related Web Resource:
Taunton Police Department

Top 5 Police Brutality Videos, Huffington Post

According to the Quincy building commissioner, the apartment where a man and his two children were killed in a fire on Wednesday was illegally constructed in a basement that did not contain sprinklers or a working smoke detector. Three other families who live in the apartment building say that the smoke alarms in their units also do not work.

The white building, made in 1927 on Robertson Street, was only authorized to house four apartment buildings, yet additional apartments had been constructed in the basement and attic. While there were smoke alarms in building’s hallways, per state law, they had accidentally been deactivated.

Investigators are still trying to find out what caused the fire that ignited a sofa in the basement at around 3am, filling the apartment with thick smoke. While the man, Oudah Frawi, and his two sons, Ali Oudah, 1, and Hassan, 2-months-old, died, firefighters transported his wife Terri Night to Massachusetts General Hospital where she was admitted to the burn trauma unit with critical injuries.

The fire has damaged the building and many residents are currently unable to return to it.

Premises Liability
Apartment landlords are responsible for making sure that all safety devices are installed and are proper working condition on the premises and there are no hazardous or dangerous conditions that could cause injury or death to residents, visitors, or patrons. They also must make sure that there are no inadequate security conditions that could allow for violent crimes to occur on the property.

Some conditions on a premise that could be grounds for landlord negligence if someone gets hurt or dies:
• Lead paint
• Asbestos fibers
• Broken window
• Lack of security measures
• Defective pool drain
• Nonworking smoke alarms
• Electrical hazards

Quincy fire victims died in illegal apartment, BostonHerald.com, March 25, 2009

Quincy fire consumes life made anew in US, Boston.com, March 26, 2009

Related Web Resources:
Inspectional Services Department, City of Boston

Premises Liability Overview, Justia

Continue reading "Quincy Apartment Where Fire Killed Father and Two Children Was in Illegal Basement and Didn’t Have Sprinklers or Working Smoke Alarm" »

A woman has won a $6.4 million Massachusetts medical malpractice verdict in court. Kimberly Monson, a Blackstone resident, claims that her doctor neglected to treat her properly when she developed a potentially dangerous condition when she was pregnant and as a result, suffered brain damage. Her medical malpractice lawsuit named Dr. Elizabeth Konig and the obstetrician’s former medical practice, Dedham Medical Associates, as defendants.

Monson was 38-years-old and 35 weeks pregnant with her second child when she saw Konig. Monson was experiencing preeclampsia, which affects pregnant woman and can result in high blood pressure.

Preeclampsia is treatable but Monson contends that because Konig neglected to treat her condition correctly, it became so serious that Monson experienced brain bleed. Her baby, fortunately, was delivered safely.

Obstetricians and gynecologists are supposed to provide pregnant and new moms with a certain standard of care. When errors result in injury to the mom, fetus, or newborn baby, the injured parties may have grounds for filing a Massachusetts medical malpractice lawsuit. Errors may include:

• Screening or testing mistakes involving CAT-scans, pap smears, ultrasounds, etc.
• Failure to diagnose cervical cancer
• Failure to treat eclampsia
• Failure to diagnose gestational diabetes
• Abortion-related medical mistakes
• Mistakes when treating gestational hypertension

Preparing for the birth of your baby is an exciting and important time. If you or your baby were injured in Massachusetts because your obstetrician, gynecologist, or another medical professional made a mistake, there are legal remedies available to you that can allow you to receive medical malpractice compensation.

Woman wins $6.4M verdict in malpractice suit, Boston.com, March 20, 2009

Related Web Resources:
Preeclampsia Foundation

Prenatal Care, Medline Plus

Movie Star Natasha Richardson’s death from a traumatic brain injury she sustained when she fell during a beginner’s ski lesson is a tragic reminder of not just how important it is to use a helmet when skiing or snowboarding, but of how what might appear to be a simple head injury can quickly turn into one that is catastrophic.

The actress was injured on Monday while skiing at a Quebec resort. Though Richardson appeared to be fine after the fall, laughing and talking and walking, she began to complain of feeling pain after arriving back at her hotel room.

She was rushed to the local hospital before being flown back to the US. Richardson died today. She was 45.

A CNN.com article quotes Dr. Carmelo Graffagnino, of Duke University Medical Center’s Neurosciences Critical Care Unit, as explaining how patient might look “deceivingly normal” after hitting his or her head when in fact the person is experiencing bleeding in the brain.

The delay in exhibiting traumatic brain injury symptoms can range from five minutes to three hours after an accident. This type of injury is called an epidural hemorrhage, and doctors have been known to refer to this experience as the “talk and die” syndrome.” It is important that a patient receive medical attention right away to decrease the chances that the brain injury might become permanent or fatal.

If you have hit your head during a car accident, a slip and fall accident, during an assault, or any kind of accident where you suffered a blow to the head—even if you feel fine—it is important that you seek medical attention so that in the event that you are suffering from a more serious brain injury, steps can be taken to treat you immediately . You also may be entitled to personal injury compensation from a negligent party.

Natasha Richardson dies after ski fall, CNN, March 18, 2009

'Minor' head injuries can turn serious rapidly, experts say, CNN Health, March 18, 2009

Related Web Resources:
Natasha Richardson, IMDB

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

Continue reading "Natasha Richardson’s Death a Reminder of How a Seemingly Minor Head Injury Can Prove Fatal " »

According to the Emergency Care Research Institute, out of the 50 million medical operations that take place in the US, about 600 of them result in accidental surgical fires. The outcome can be catastrophic for the patient, who may sustain serious burn injuries.

According to the Bostonchannel.com, one woman sustained second- and third-degree burns on her face, eyes, nose, mouth, and back when a surgical fire broke out while she was undergoing a tracheotomy. Her injuries prevented her from eating, walking, or talking. Meantime, in Massachusetts, there has been one surgical fire since 2007.

Surgical Fires
Surgical fires occur when oxygen is flowing and a spark is created by a surgical tool that can cause anything flammable to catch fire. If the flammable item is close to the patient, it can cause the nasal canula or mask to ignite as if it were struck by a blowtorch. This may explain why these fires appear to have a greater chance of happening during neck and head procedures that require heat, air, and fuel to be in close proximity.

According to safety advocates, there are ways that operating room fires can be prevented. The patient or doctor may opt for less or no oxygen to be used during the procedure. Non-alcohol based skin preparations can also be used.

According to Surgicalfires.org, some of the fuels that are often encountered during surgical procedures include:

• GI tract gases
• Human hair
• Alcohol
• Degreasers
• Tinctures
• Gauze
• Adhesive tape
• Sponges
• Surgical gowns and masks
• Ointments
• Paraffin
• Anesthesia components
• Gloves
• Smoke evacuator hoses

The hospital and surgical team are required to make sure that a surgical patient is not exposed to any hazards before, during, or after a surgical procedure that can cause injury or death. Failure to exercise this duty of care can be grounds for a Massachusetts medical malpractice lawsuit.

Surgical Fires Rare, But Catastrophic, WCVBTV, March 16, 2009

Surgical Fire

Related Web Resources:
Fires during surgeries a bigger risk than thought, Boston.com, November 7 2007

Medical Malpractice Overview, Justia

Continue reading "Surgical Fires Can Be Grounds for Massachusetts Medical Malpractice" »

An outside inspection of the Boston Fire Department’s 44 fire trucks found that the department practices shoddy fleet maintenance across the board. Some of the deficiencies noted by the report:

• Not enough driver training.
• Vehicle abuse or misuse.
• Weak vehicle specification when determining how to handle and care for specific models and makes.
• Inadequately defined procedures and polices for repairing, maintaining, and procuring Boston fire trucks.
• Failure to complete adequate daily truck inspections.
• Poor maintenance records.
• Poor preventive maintenance.
• Allowing firefighters without the proper training and knowledge to maintain the department's trucks.

The review comes following a deadly Boston fire truck accident last January that killed one firefighter. The fire truck’s brakes malfunctioned, which caused the truck operator to lose control of the vehicle as it flew down a hill, striking a Mission Hill apartment building. Maintenance records show that the brakes on the vehicle had not undergone an inspection for almost a year, even though the fire truck manufacturer suggests that they are inspected every 90 days.

Boston Fire Commissioner Roderick Fraser agreed with the report’s findings and is working to hire a professional fleet manager as well as licensed mechanics. He requested the review following the fatal truck crash. The findings in the 19-page report come from interviews with firefighters, fire department officials, union officials, and a review of documents related to maintenance and costs.

Boston firefighters that are injured on the job are entitled to Massachusetts workers’ compensation benefits.

Boston fire chief: Hire civilian mechanics, Boston Herald, March 11, 2009

Related Web Resources:
Review slams Boston Fire's 'loosey-goosey' approach to firetruck maintenance, Boston Globe, March 11, 2009

Crash survivors fault the brakes, Boston.com, January 11, 2009

Maintenance Practice Assessments for the Boston Fire Department

Continue reading "Following Deadly Boston Fire Truck Accident Caused by Brake Failure, City Fire Department Criticized for Poor Fleet Maintenance" »

The families of Brian and Beverly Mauck have notified the state of Massachusetts that it is going to be one of the defendants that will be sued for the couple’s wrongful deaths. The Maucks were shot to death on November 17, 2007 by convicted murderer Daniel J. Tavares, Jr.

Tavares, 42, had been released from prison four months before the Maucks’ murders. Tavares, who is mentally ill and has a drug addiction problem, had just finished a lengthy prison sentence for murdering his mother with a carving knife when he was set free. At the time, he was facing new assault charges and a prosecutor had warned that he might flee.

According to the families’ wrongful death attorneys, the state of Massachusetts failed in its duty to protect others from Tavares, who is an “incredibly severe danger.” The couple’s estates also plan to sue a number of Massachusetts public safety officials, as well as the Worcester district attorney’s office, the Department of Correction, Executive Office of Public Safety and Security, and the state police. The families are accusing the defendants of negligence in the way they handled Tavares’s release.

On July 16, 2007, a Massachusetts Superior Court judge waived Tavares’s bail before releasing him. Judge Kathy M. Tuttman released him without knowing that over 100 serious disciplinary complaints had been filed against him while he was serving his murder sentence. Tavares also had reportedly told prison mental health counselors that he was going to move to Washington state to meet a woman he had met through the Internet.

State Police tried to get permission to arrest him after finding out he had left for Washington State, but it took the Worcester district attorney’s office six weeks to respond to the arrest warrant request. The warrant that was finally issued was only applicable upon Tavares's return to New England.

A disciplinary committee had suggested he remain behind bars for another two years. Prison officials in Massachusetts have admitted that a bureaucratic mistake led to his release.

The Maucks, who were newlyweds, were Tavares's neighbors. Last year, Tavares reached a plea agreement with the state of Washington over two counts of aggravated murder. He chose to serve a life prison sentence over the death penalty.

Mass. faces wrongful death lawsuit, Boston.com, March 6, 2009

Survivors of Daniel Tavares slay victims to sue state agencies, Boston Herald.com, March 8, 2009

Tavares pleads guilty, gets life sentence for murder of Graham couple, Seattle Times, February 15, 2009

Related Web Resources:
Massachusetts Attorney General Martha Coakley

The District Attorney's Office of Worcester County

Massachusetts Department of Correction

Executive Office of Public Safety and Security, Mass.gov

The US Supreme Court has upheld a $6.7 million civil awarded to a woman whose arm had to be amputated after receiving a botched injection of Phenergan, an anti-nausea medication. The woman, Diana Levine, was injured in April 2000 when she went to a local clinic for treatment of a migraine.

The clinic administered the drug, also known as promethazine, to her using an IV-push, which allows for a greater volume of medication to enter her body at a faster pace. Although the needle was supposed to go straight into her vein, it accidentally struck her artery and Levine developed gangrene.

Doctors had to amputate her hand and forearm, which put an end to Levin’s career as a guitarist and a pianist. Not only did she lose a main source of financial livelihood but she began to accrue expensive medical bills. Levine sued Wyeth, accusing the pharmaceutical company of insufficient product labeling. She contended that the drug maker did not provide enough warning about the potential dangers of using the drug.

After a civil jury ruled in her favor, Wyeth appealed the verdict. The drug maker has argued that because the Food and Drug Administration approved Phenergan for consumer use, this should pre-empt any dangerous drug lawsuits against it.

However, the Supreme Court, with its 6-3 decision, rejected the drug maker’s claim that Wyeth did not have the right to sue the company and gave Levine the right to collect her jury award. In writing for the majority, Justice John Paul Stevens said it was possible for Wyeth to comply with both federal and state laws in this matter.

This ruling is considered a victory not just for Wyeth but for other injury plaintiffs who wish to sue pharmaceutical companies over dangerous drugs that have caused personal injury or wrongful death.

Musician gets high court OK to sue Wyeth, CNNMoney.com, March 4, 2009

No Legal Shield in Drug Labeling, Justices Rule, New York Times, March 4, 2009

Related Web Resources:
Wyeth V. Levine, Supreme Court Opinion (PDF)

Wyeth

Wyeth Comments on U.S. Supreme Court Ruling in Levine Preemption Case, Wyeth, March 4, 2009

In Massachusetts, a man who used to work at the Sudbury Pines Extended Care nursing home has been charged with sexually molesting a 62-year-old stroke patient while another resident was sleeping in the room. Following the alleged incident, the former nursing home worker, Kofi Agana, was fired from his job.

The alleged Massachusetts sexual assault incident was discovered after another nursing home aide noticed that the victim would act strangely when she was around the 46-year-old worker. Because of her stroke, the victim’s ability to communicate is impaired, but she is capable of saying yes and no and was able to point to different parts of her body to indicate what happened to her.

According to reports, Agana entered the woman’s bedroom in Early February and started rubbing her breast. He is also accused of holding down her arms while he touched her private parts.

Charges against the Massachusetts nursing home worker include one count of assault and battery on a disabled person older than 60 and two counts of indecent assault and battery on a disabled person older than 60. Judge Robert Greco, who set Agana’s bail at $10,000, said allegations have also been made that Agana may have fondled another patient while transferring her to a wheelchair from her bed. No charges have been filed related to that incident.

Sexual Abuse in Nursing Homes
Sexual abuse in US nursing homes is a problem. Patients who may be too sick or frail to fight back or report the incident can be easy prey for nursing home workers and other patients.

US nursing homes are supposed to conduct background checks of nursing workers before hiring them to find out if they have a criminal record or were let go or disciplined at another long-term care facility for misconduct.

Nursing home workers are frequently in close physical contact with patients—especially the residents that need help bathing or getting dressed. Turning a patient to prevent bedsores or entering a patient’s room to check on them or provide them with the medical care they need are examples of other scenarios that involve a nursing home worker having easy, physical access to residents.

Sexual abuse, molestation, assault, or rape of a patient by a nursing home worker is nursing home abuse.

Sudbury nursing home aide charged with patient assault, Boston Herald, February 13, 2009

Nursing home employee charged with sexual assault on patient, Wicked Local, February 12, 2009

Continue reading "Former Sudbury, Massachusetts Nursing Home Worker Charged With Sexually Molesting Patient" »