Boston Injury Lawyer Blog

According to a report coauthored by the Western Massachusetts Coalition for Occupational Safety and Health and the Massachusetts AFL-CIO, 66 Massachusetts workers died last year while at work or because of illnesses they sustained while doing their jobs. Last year’s fatality figure is less than for 2008, when 80 Massachusetts workers died. Massachusetts Coalition for Occupational Safety and Health Executive Director Marcy Goldstein-Gelb says many of these fatalities could have been prevented if basic safety measures had been implemented rather than overlooked for profit.

Most Massachusetts worker deaths occurred in the construction industry. The 17 construction accident fatalities were a result of numerous causes, including fall accidents and machinery accidents. However, taxi drivers, firefighters, and fishermen were just some of the Massachusetts workers who died last year in work-related accidents.

Advocates are speaking out against the Occupational Safety and Health Administration for not doing enough to protect workers and inspect work sites. In 2008, OSHA fined Massachusetts companies about $9,939 for safety violations resulting in worker fatalities, which doesn’t give employers a lot of incentive to make sure that workers are kept safe. Work safety advocates also want more to be done to protect immigrant workers, who make up 24% of Massachusetts worker deaths, even though they only make up 17% of the state’s workforce.

Workers Memorial Day
Across the US, today is Workers Memorial Day, which is a day to remember workers that have died because they got injured or sick due to their jobs. Nationally, the AFL-CIO is reporting 5,657 worker fatalities in 2007 and over 4 million injuries or ailments—with 50,000 to 60,000 workers suffering from occupational diseases each year. It is important to note, however, that many work injuries and deaths may go unreported.

HR 2067, which has been introduced by US lawmakers, would implement tougher laws designed to protect workers and give them more rights when it comes to safety.
Also, fortunately, many workers who are injured or get sick on the job can avail of Massachusetts workers’ compensation benefits.

66 died on job in Mass. last year, Boston.com, April 28, 2009

Workers Memorial Day 2009 Materials Ready Now, AFL-CIO

Related Web Resources:
2009 Workers Memorial Day Celebration, Massachusetts Jobs with Justice

Western Massachusetts Coalition for Occupational Safety and Health

Massachusetts AFL-CIO

Continue reading "Boston Workers' Compensation Law Firm: 66 Massachusetts Workers Died Because of Work-Related Accidents and Ailments in 2008" »

In Massachusetts, the family of Charles F. Rondeau is considering filing a Massachusetts medical malpractice lawsuit for his wrongful death. Rondeau died on May 11, 2008.

UMass Memorial EMS paramedics arrived at his home after he complained that he wasn’t feeling well. The two paramedics walked him down three flights of stairs. He died three hours later from a massive heart attack.

Rondeau’s family filed a complaint asking why the 48-year-old, who had a history of heart disease and was having serious problems breathing and experiencing chest pains, was even made to walk down such steep steps. After conducting an investigation into the incident, Massachusett’s Department of Public Health made some disturbing discoveries.

Not only did Rondeau walk down the stairs but records were later falsified to make it appear as if he had been carried. The DPH’s Office of Emergency Medical Services blames UMass Memorial EMS paramedics Jonathan Hanson and Seth Peters for neglecting to give Rondeau the care he required in accordance with treatment protocols as outlined by the state of Massachusetts and for purposely falsifying the trip record and giving false information about the incident during interviews.

Peters told investigators that he wrote that Rondeau was carried down the stairs by accident out of force of habit and because he was in a rush to get the paperwork to the hospital. UMass Memorial EMS fired the two paramedics and the DPH’s Office of General Counsel is calling on the suspension of their EMT certifications.

Other deficiencies noted extended beyond the incident involving Rondeau, including failure to comply with state laws, failure to ensure the fulfillment of state regulations, failure to provide personnel with proper polices, and failure to keep up an effective quality assurance program. The ambulance service was also criticized for not ensuring the patient was immediately placed on advanced life support rather than waiting untll he was in the ambulance.

Examples of Paramedic Malpractice:

• Wrong diagnosis
• Delayed ambulance arrive
• Administering the wrong medication
• Not following proper procedures and protocols
• Negligent care

Paramedics accused of lying in Worcester death, Telegram.com, April 26, 2009

Related Web Resources:
Medical Malpractice Overview, Justia

UMass Memorial EMS

The vision of athletic girls dressed in short skirts, cheering, and performing acrobatic moves is a common sight at athletic events in schools and at professional sporting events throughout the US. Yet, cheerleading can be a dangerous activity, leading to serious personal injuries and wrongful deaths for some of its participants.

Last year, a Newton cheerleader died after performing at the Minuteman competition in Worcester. An autopsy determined lung collapse as Lauren Chang's cause of death after a teammate who had been thrown in the air accidentally kicked the 20-year-old's chest. At the time of the Massachusetts cheerleading accident, the emergency medical technician was away restocking her supplies.

Also in 2008, 14-year-old Haley Kozlowski sustained a serious head injury when she performed a double maneuver in the air, fell, and hit her head on the ground. Her mother, Kim, says she was the one who had to ask for an ambulance after she arrived at the cheerleading event some 20 minutes after her daughter got hurt. While Haley has learned to walk again, she missed months of school to recover. She still experiences pain, is more anxious, and struggles with school. Kim has filed a Massachusetts personal injury lawsuit on her daughter’s behalf.

In the fall of 2008, Ruth Burns filed a Massachusetts wrongful death lawsuit against East Elite Cheer Gym. Her 14-year-old daughter, Ashley, died in 2004, when she ruptured a spleen after hitting her stomach on another cheerleader’s shoulder. Instead of getting Ashley medical attention immediately, gym coaches told her to splash water on her face and raise her arms over her head.

These Massachusetts cheerleading accidents have spurred state lawmakers to work with victims to introduce legislation to form a committee that would be charged with making cheerleading safer.

According to Dr. Robert C Cantu, Boston University School of Medicine’s clinical professor of neurosurgery, cheerleading is the most dangerous sport that women in college and high school take part in. Over 50% of serious injuries and deaths to athletes between 1982 and 2007 involved cheerleading, with fliers the ones most likely to get hurt.

Raising alarm at sport's dangers, Boston.com, April 23, 2009

Cheerleader Death Highlights Dangers of Sport, ABC News, April 21, 2009

Lawsuit Filed Over Cheerleader's Death, WCVB, October 21, 2008

Related Web Resources:
Cheerleading accidents may fly under the radar, KHOU, September 5, 2008

Dangers of Cheerleading, CBS News, April 22, 2004

General Motors and the National Highway Traffic Safety Administration have announced the recall of 1,497,517 motor vehicles because of a a defect in the 3.8 liter engines of the autos that could lead to a car fire. The cars included in the recall are the Chevrolet Lumina (1998 to 2003 models), the Buick Regal (1997 to 2003), the Chevrolet Monte Carlo (1998 to 2003), the Chevrolet Impala (1998 to 1999), the Pontiac Grand Prix (1998 to 2003), and the Oldsmobile Intrigue (1998 to 1999).

The defect in the engine may cause oil to leak onto the exhaust manifold when hard braking. If the manifold is hot and the oil strikes the heat shield, there is the chance that an engine fire could occur.

Car Fires
Car fires are incredibly dangerous. They can emit toxic gas and lead to catastrophic burn injuries. Car fires can create heat as high as 1500 degrees Fahrenheit, with flames from burning vehicles emitting as far out as 10 feet or greater. A car fire can lead to a car explosion, resulting in debris from the car being flung outward. This could turn tire rims, axles, engine parts, and other car parts into deadly shrapnel. Air bags may deploy, battery acid can cause serious injuries, and the flammable fuel from gas tanks could end up spraying onto other vehicles and people in the area.

According to the National Fire Protection Association and the AAA:
• There were 266,000 car fires in 2004 resulting in 520 deaths.
• Over 1,300 people a year become the victims of car fires.
• 75% of car fires occur because of poor maintenance.
• Motor vehicles contain at least six flammable fluids under their hood that can leak onto hot surfaces, starting a fire.

This is why it is so important that any defect that can lead to a car fire be remedied immediately. And if you or someone you love was injured in a Massachusetts motor vehicle accident involving a fire that was a result of an auto defect, you need to speak with an experienced Boston products liability law firm to explore your legal options.

GM Recalls 1.5 Million Cars For Fire Hazard, Consumer Affairs, April 14, 2009

New Warning to be Issued About Deadly Car Fires, ABC News, October 12, 2005

Related Web Resources:
National Highway Traffic Safety Administation

Car Fires: What you need to know to be safe..., Kids-Safety

Continue reading "GM and NHTSA Announce Recall of 1.5 Million Motor Vehicles " »

The Boston Voice of the Faithful, the Survivors Network of those Abused by Priests, and BishopAccountability.org have sent letters to Cardinal Sean O’Malley of the Roman Catholic Archdiocese of Boston asking for the names of all of its priests who have been credibly accused of sexual abuse. The last count in 2003, conducted by the Massachusetts Attorney General, found allegations had been made against 237 Boston clerics. That was six year ago and the number of priests credibly accused of sexual abuse may have grown.

For example, in New Hampshire, the attorney general released its latest list of priests who have been accused of sex abuse. Compared to its 2003 figures, when there were 67 priests named, there are now 100 priests.

According to BishopAccountability.org, the groups are requesting an updated list of priests who have been "credibly accused" of sexual abuse—such as priests who have been accused of sexual abuse multiple times or of other clergy sex abuse allegations that the archdiocese deems credible. Unfortunately, many Massachusetts priests accused of sexual abuse will never be tried in criminal court because the statute of limitations has expired. Some of these priests may be living freely in communities throughout Massachusetts or still ministering to parishioners, including children, in Boston churches.

According to the US Conference of Catholic Bishops, clergy sex abuse cost $436 million in associated costs in 2008 and $615 million in 2007.

Sexual Abuse
Rape, molestation, incest, and other forms of sexual assault and abuse are violent crimes that can physically, emotionally, and mentally scar the victims for life. It is can sometimes be even more devastating when the abuser is a trusted priest, a teacher, a coach, a family friend, or a family member.

You may have grounds for filing a Massachusetts sexual abuse lawsuit against your perpetrator or the abuser of your son or daughter.

Groups ask Cardinal Sean O’Malley for accused priests’ names, Boston Herald, April 7, 2009

Catholic priest raised red flag a half-century ago, HamptonRoads.com, April 6, 2009

No time limit urged for clergy abuse suits, Seacoastonline.com, March 28, 2009

Related Web Resources:
Boston Voice of the Faithful

Survivors Network of those Abused by Priests

BishopAccountability.org

Archdiocese of Boston

Continue reading "Clergy Sex Abuse Victim Supporters Want Roman Catholic Archdiocese of Boston to Reveal Names of Local Priests Credibly Accused of Molestation and Sexual Assault" »

The Massachusetts wrongful death lawyer of a woman whose husband and two sons were killed in a fire at an illegal apartment is seeking to attach the assets of landlords Jinny Xiu Ma and Andy Huang. The two property owners are the defendants of the $10 million wrongful death lawsuit filed on behalf of 27-year-old Terri Knight. Knight, who survived the fire, remains in intensive care in Boston. The blaze, which occurred on March 25, claimed the lives of Knight’s spouse, 37-year-old Oudah Frawi, and the couple’s sons, Ali, 1, and Hussein, 1 month.

The fire took place in the family’s basement apartment which, authorities say, was illegally constructed. The unit did not have a safe escape route, lacked smoke detectors, and the house the apartment was in was illegal wired with just four utility meters when in fact six meters were needed because there were six units in the building. The blaze broke out when a sofa in the apartment caught fire, emitting toxic, thick smoke. Knight's Massachusetts wrongful death lawsuit contends that the family’s apartment was negligently maintained, illegal, and lacked rudimentary protections.

Following the tragic deaths of Knight’s family members, Quincy fire officials began cracking down on illegal apartments. On Freeman Street, they evacuated basement apartments in two houses after discovering six illegal units. They say the code violations at these buildings were some of the worst they had ever seen.

Unfortunately, the increase in home foreclosures and the loss of jobs are causing illegal apartments to becoming an issue of growing concern in cities throughout Massachusetts, including Boston, Lynn, Chelsea, and Milford, with immigrants an easy target for landlords and tenants wanting to make a few bucks. Now, safety officials in different cities are cracking down on these illegal residences to avoid future tragedies such as the one experienced by Knight and her family.

Landlords can be held liable for Massachusetts premises liability if they create or fail to remedy a hazardous condition on a property or in a building that causes personal injury or wrongful death.

Hearing held in Quincy wrongful-death suit, Patriot Ledger, April 9, 2009

Risks grow with spread of illegal apartments, Boston.com, March 27, 2009

Related Web Resources:
Wrongful Death, The General Laws of Massachusetts

Premises Liability, Justia

According to Massachusetts health officials, 338 medical mistakes occurred in hospitals throughout the state last year. Many of these errors could have been avoided. The findings are part of a study that documents “serious reportable events” in 2008.

Breakdown of the 338 serious reportable incidents occurring in Massachusetts hospitals last year:

• Fall accidents: 224
• Retained foreign objects: 32
• Wrong site: 24
• Serious bedsores: 12
• Medication mistakes: 12
• Sexual assault: 11
• Burn accidents: 6
• Incorrect procedure: 5
• Device or product malfunction: 3
• Attempted suicide or suicide: 3
• Air embolism: 2
• Restraint/bedrail incidents: 1
• Maternal death/disability: 1
• Hyperbilirubinemia in newborn: 1
• Wrong patient: 1

19 hospital fatalities were linked to these kinds of incidents. Nationally, about 90,000 fatalities a year can be attributed to hospital mistakes. The hospital that racked up the most incidents was St. Vincent Hospital, located in Worcester.

The five hospitals with the most events for 10,000 patient days:

• Massachusetts Eye and Ear Infirmary
• Fairview Hospital
• Martha’s Vineyard Hospital
• St Vincent Hospital, Worcester
• Nashoba Valley Medical Center, Ayer

Public Health regulators are quick to caution that consumers shouldn’t think of these results as a quality report card and to consider there may appear to be more serious reportable incidents at certain hospitals because some medical care centers may be more (or less) conscientious about documenting such events.

Some of the hospitals that have been noted for their quantity of serious reportable incidents have been making efforts to remedy the situation. The Department of Public Health began requiring Massachusetts hospitals to report any of 28 adverse medical events beginning January 1, 2008. For example, both St. Vincent Hospital and Norwood Hospital have implemented new measure to prevent fall accidents.

Hospital patient mishaps top 300, Boston.com, April 9, 2009

DPH report reveals hundreds of hospital errors, BostonHerald.com, April 8, 2008

Related Web Resources:
Massachusetts Department of Public Health

To read the full report, Mass.gov

Continue reading "Massachusetts Hospitals Racked Up Over 300 Medical Mistakes, Including Fall Accidents, Medication Errors, and Surgical Malpractice, In 2008" »

In Massachusetts, two serious Brockton motor vehicle accidents have left its victims with injuries. On Friday morning, two sisters from East Bridgewater got hurt when their compact car was involved in an accident with a tractor-trailer.

19-year-old Esther Martinez sustained a fractured skull, two spinal fractures, brain contusions, serious facial factures, and a broken collar bone. She had 32 stitches on her head. As of Monday, she was reportedly in critical condition at Brigham & Women’s Hospital. Her sister, 21-year-old Cristina Martinez, sustained a broken elbow and wrist.

The deadly Massachusetts tractor-trailer crash happened on Route 24 northbound close to exit 18. The sisters’ vehicle was totaled during the traffic collision. Fortunately, both women were using seat belts at the time of the accident.

In another Brockton traffic accident, a 60-year-old Massachusetts woman suffered serious injuries in a pedestrian accident when she was struck by a car on Monday. The pedestrian was pushed under the vehicle of another driver, whose vehicle was rear-ended by the first vehicle.

NHTSA: 2008 Motor Vehicle Crash Deaths
Motor vehicle crashes continue to be a leading cause of death in Massachusetts and the rest of the country. The US Department of Transportation, however, had some good news to report this week when it issued its 2008 motor vehicle crash death toll.

With 37,313 traffic fatalities occurring last year, there hasn’t been so low a motor vehicle fatality total since 1961 when there were 36,285 deaths. Massachusetts, unfortunately, was named prominently in the update as having the lowest state ranking for seat belt use. While the national average for seat belt use is 83%, Massachusetts’s 68.8% is low, down by 1.9% from 2007.

In Massachusetts, as in 21 other US states, police officers can’t stop a motorist for not using a seat belt. Police can only ticket drivers for not wearing safety belts if they apprehended them for other reasons.

Regardless of whether or not you were using a seat belt, if you were injured in a Massachusetts car collision, bus accident, truck crash, bicycle accident, or pedestrian accident because another motorist or another party was negligent, you have legal options for recovery.

Woman hit by car outside Brockton store flown to Boston hospital, Wicked Local, April 7, 2009

East Bridgewater sisters recovering after serious crash in Brockton, Wicked Local, April 6, 2009

Mass. ranks last again in US for use of seat belts, Boston.com, April 7, 2009

U.S. Transportation Secretary LaHood Announces Record Low Traffic Deaths, Improved State Seat Belt Use, NHTSA, April 6, 2009

Related Web Resources:
Early Estimates of Motor Vehicle Traffic Fatalities in 2008, NHTSA, March 2009 (PDF)

Seat Belt Use in 2008, NHTSA (PDF)

Executive Office of Transportation
, Mass.gov

Continue reading "Two Brockton, Massachusetts Traffic Accidents Result in Serious Injuries" »

Residents in Brockton are still reeling following Tuesday’s Massachusetts pedestrian accident that killed 3-year-old Christopher Mitchell and seriously injured his mom and two siblings.

The family was crossing North Main Street when they were struck by a black Toyota minivan. As of early this morning, Cindy Mitchell, 28, was reported to be in fair condition at Massachusetts General. Her two other children, 4-year-old Valentino and 6-year-old Angel, were reportedly in good condition.

The Plymouth County District Attorney’s Office says the driver of the minivan, Pierre R. Jeudy is charged with motor vehicle homicide and other charges. The Brockton motorist’s license has been revoked. In the past, Jeudy was cited for minor motor vehicle moving violations, including two citations for failure to stop.

Losing someone you love or watching them suffer as they cope with the losses and injuries they’ve sustained in a Massachusetts traffic accident is hard enough without having to worry about where you’ll get the financial resources to cover medical costs, funeral expenses, recovery costs, lost wages, and other damages. Personal injury recovery or wrongful death compensation can give you the funds you need to help you and your family obtain the services that you need.

While we cannot control the way another motorist drives, there are steps that adults can take to act defensively to prevent Massachusetts pedestrian accidents:

• Cross at pedestrian crossings
• Look in every direction to make sure no cars are approaching
• Make sure you have the right of way
• Stop when you reach a driveway and check that there are no cars coming in or going out
• If you are crossing the street with a child, hold his or her hand.

That said, Massachusetts pedestrian accidents can still happen despite our best efforts to prevent them because another party was negligent.

Brockton area residents mourn for 3-year-old killed in pedestrian accident, Wickedlocal.com, April 2, 2009

Van driver that struck Brockton family charged in fatal accident, Boston Herald, April 1, 2009

3 children, woman struck by van in Brockton, Boston Herald, March 31, 2009

Pedestrian safety, Raising Children Network

Related Web Resources:
National Highway Traffic Safety Administration

Pedestrian and Bicycle Safety, FHWA

Pedestrian Injuries to Young Children

Continue reading "Brockton Pedestrian Accident Kills 3-Year-Old Boy and Seriously Injures His Mom and Two Siblings" »