Boston Injury Lawyer Blog

Just when you thought ghosts and goblins were your worst worries on Halloween, now there is news that there may be other dangers lurking in the shadows on an evening that should be best known for candy, trick or treating, and costumes.

The Food and Drug Administration is warning parents to be very careful when selecting a face paint for children to use. While a painted mask, as opposed to an actual mask, can make it easier for the wearer to see through, new findings indicate that some of the more popular face paints are made with toxins that are bad for the health and may even cause serious injuries.

According to the Campaign for Safe Cosmetics, the 10 face paints it examined all tested positive for lead. Nickel, chromium, and cobalt were found in several of the paints.

If you’ll recall from the massive toy recalls that the Consumer Product Safety Commission has issued over the last few years over products containing excessive levels of lead, lead poisoning is especially bad for kids. Exposure to lead can cause learning disabilities, aggressive behavior, impaired physical and neurological growth, and brain damage.

Product manufacturers can be held liable if someone gets hurt, sick, or dies because a product was defective, dangerous, or toxic. An experienced Boston products liability law firm can help you with your case.

Scary face paint isn’t the only horror kids and parents have to worry about when trick or treating. Safe Kids USA reports that children are over two times as likely to die in a pedestrian accident on Halloween than they are on any other night. Why, you ask?

• Trick or treating runs into the night, when pedestrians, especially child pedestrians, are harder for motorists to see. Dark costumes and children's generally smaller stature doesn’t help for driver visibility.

• The excitement of rushing from one house to the next for more candy can make a child careless, causing him or her to cross the street without looking or waiting to arrive at a pedestrian crosswalk.

• Adults like Halloween too. Some party participants may opt to get drunk and then drive.

• The usual careless or distracted driving habits: Drunk driving, speeding, failure to obey stop lights or traffic signs, texting while driving, cell phone use, etc.

If you or child was hurt in a Boston pedestrian accident, you may have grounds for a Boston injury case.

Warning: Halloween Face Paint Can Be Scary, The Daily Green, October 19, 2009

Real horror of Halloween: Pedestrian deaths, USA Today, October 26, 2009

Related Web Resources:
US Food and Drug Administration

Campaign for Safe Cosmetics

A teen driver has been charged with speeding and motor vehicle homicide over a fatal Boxford car crash that killed his friend last night. The single-auto collision claimed the life of 18-year-old Michael Doherty after the car they were riding struck a tree. The driver, 18-year-old Evan Wiendczak, survived the Massachusetts car accident with injuries.

The two teenagers were classmates at Masconomet Regional High School.

2008 Young Drivers (Ages 15 – 20) Facts (NHTSA):

• 58 people were killed in Massachusetts car crashes involving young drivers.
• 31 of the Massachusetts traffic crash victims were young drivers.
• 17 of the fatality victims were riding in the young drivers’ autos.
• 10 of the people that died were passengers in the other vehicles.
• Nationally, 5,864 young drivers were involved in deadly car accidents.
• 2,739 of these drivers died.
• 228,000 other young drivers were injured.

Motor vehicle crashes continue to be the number one cause of deaths for people ages 15 – 20. Driver inexperience, texting while driving, cell phone use while operating a car, drunk driving, speeding, distracted driving, defective auto parts, and poor road conditions are some of the leading causes of teen car accidents.

If you or someone you love was seriously injured in a Massachusetts car accident because a driver behaved recklessly, carelessly, or negligently, you should consult with a Boston injury law firm about your case as soon as possible.

It is important that you do not speak with the other party’s insurer or attorney before speaking with a Boston car crash lawyer first.

Teen killed in crash, classmate charged, MyFoxBoston, October 26, 2009

High School Senior Killed In Crash, The Boston Channel, October 26, 2009

Young Drivers, 2008 Traffic Safety Fact Sheet, NHTSA (PDF)

Related Web Resources:
Teen Drivers, Massachusetts Registry of Motor Vehicles

Teen Drivers, CDC

Continue reading "Massachusetts Teen Driving Accidents: 18-Year-Old Charged in Boxford Car Crash that Claimed the Life of Other Teenager" »

The mother of Makayla Hayes, 1, is suing the 93-year-old Peabody driver for the little girl’s injuries. Louis Vesprini accidentally drove his car into a Danvers Wal-Mart in June. Alaina Hayes, a Gloucester resident, was pushing her daughter in a stroller when the Massachusetts car accident happened. Makayla fractured her jaw and her skull.

Louis Vesprini reportedly stepped on the gas pedal instead of the brake when trying to park his car. He drove through two red posts before crashing through the Wal-Mart’s exit doors.

Now, Alaina his seeking unspecified damages from Walmart and the 93-year-old Massachusetts driver. While Wal-Mart obviously did not cause the Danvers car accident, the safety barriers it set up to keep cars from driving into the department store were allegedly spaced incorrectly.

Makayla has already had two surgeries and is expected to undergo another one. Because her head hit a cash register, doctors are concerned that the little girl may also have a traumatic brain injury. This would likely require additional medical care. While Alaina’s physical injuries are not as serious, she sustained mental trauma from the Wal-Mart accident.

Yesterday, Vesprini pleaded not guilty to one count of negligent operation of a motor vehicle.

Boston Injury Lawsuits
A driver accused of causing a collision can be held accountable in criminal court. Separate from that, he or she can also be held liable by the Boston car crash victim in civil court.

In Massachusetts, only adults can file a personal injury claim or wrongful death lawsuit. Minors can obtain compensation, but an adult or guardian will have to file the Boston injuries to minors complaint on their behalf.

93-year-old Peabody driver arraigned in Wal-Mart crash, Boston.com, October 23, 2009

Elderly Driver Crashes Car Into Danvers Wal-Mart, WBZ, June 2, 2009

Related Web Resources:
Head Injury, Age 3 and Younger - Topic Overview, Web MD, October 23, 2009

When is it time to put the brakes on elderly?, USA Today, May 2, 2009

A Massachusetts wrongful death settlement agreement has been reached between Boston Medical Center and the family of Catherine O’Donnell. The 86-year-old woman died on October 13, 2007 a week after she fell while being readied for transfer from an operating room table to her hospital bed.

O’Donnell sustained a massive head injury during the Boston fall accident. Last year, her family filed a Boston wrongful death lawsuit against the teaching hospital. In their Boston medical malpractice complaint, O’Donnell’s family accused operating room staffers of failing to provide the expected standard of care to O’Donnell and that this resulted in her fatal fall accident. The plaintiffs contend that the medical team was too busy and preoccupied when moving the elderly patient. They also take issue with how they were first told that the hip surgery was a success and were then notified about O’Donnell’s head injury.

Anesthesiologist resident Dr. Carlos Guzman, orthopedic resident Dr. John Pryor, and nurses Ingrid Rush and Harvinder Miller are among the defendants named in the Boston wrongful death lawsuit.

The Massachusetts Department of Public Health cited procedural deficiencies as factors leading to O’Donnell’s fall accident. The hospital also determined that the operating staff was not paying full attention when attempting to move the elderly woman and that the removal of the safety belt from her person was not properly communicated between staffers.

Operating room staffers, just like nursing home workers, must exercise the right amount of caution to prevent fall accidents when assisting patients between beds, to their wheelchair, down the hallway, to the bathroom, into the shower, etcetera. Patients who are under anesthesia, unconscious, or not fully lucid for any other reason are usually unable to assist or support themselves during this move and are even more reliant on those around them to ensure a safe transfer or move. Yet the Bureau of Heath Care Safety and Quality says that every year, at least 50% of the 800 medical errors resulting in serious injuries that happen in Massachusetts hospitals involve fall accidents.

Fall accidents can result in serious injuries and may be especially catastrophic for elderly people, whose health may deteriorate as a result.

Family, hospital settle after mother’s fatal fall in operating room, Boston.com, October 14, 2009

Boston Wrongful Death Lawsuit Is Filed After 86-Year-Old Dorchester Woman Sustains Fatal Head Injury In Operating Room Table Fall, Boston Injury Lawyer, January 30, 2008

Related Web Resources:
Boston Medical Center

Hospital Falls Study Suggests Ways to Reduce Risk, Washington University in St. Louis

Police say they are now treating their probe into the deaths of two people who attended a sweat lodge for two hours as a homicide investigation. 38-year-old Kirby Brown and 40-year-old James Shore died on Friday while attending a “Spiritual Warrior” program run by self-help expert James Arthur Ray at the Angel Valley Resort.

More than 50 people reportedly entered the makeshift lodge, which was a 415-square-foot space. 19 other participants sustained injuries during the ceremony, intended as a “spiritual awakening.” As of today, one person is still in the hospital in critical condition.

Yesterday, a search warrant was executed at James Ray International offices. Police are looking for any documents that may have provided instructions on properly constructing a proper sweat lodge. They also want to know whether participants were notified of the risks associated with participating in the ceremony. Authorities say they no longer believe the deaths were “accidental.”

Program participants each paid over $9,000 to attend the 5-day course. The Associated Press was able to obtain records indicating that in 2005, local fire officials arrived at Ray’s “Spiritual Warrior” retreat to treat someone who fell unconscious during the sweat lodge.

Tom McFeeley, a spokesperson for the Brown family says that a transcript of a teleconference call this week facilitated by Ray with a number of the sweat lodge participants claims that the self-help expert is “controlling” participants and had engaged in their “physical and mental mistreatment.”

On Monday, Jack Judd, Yavapai County’s building safety manager, said there were no records to indicate that the sweat lodge constructed at the retreat center for Ray's program had the required building permit or that anyone had applied for one.

Wrongful Death
Even if the person or entity responsible for your loved one’s death did not intend to inflict harm, the party may still be held liable in civil court for Massachusetts wrongful death if recklessness, carelessness, negligence, or inadequate supervision contributed to the fatality. A Boston injury claim, and its outcome, is separate from any criminal charges that prosecutors might decide to pursue.

Murder Probe in Sweat Lodge Deaths, CBS News, October 15, 2009

Sweat lodge deaths investigated as homicides, CNN, October 15, 2009

Ariz. sweat lodge lacked key permit, The Philadelphia Inquirer, October 13, 2009

Related Web Resources:
James Arthur Ray

Spiritual Warrior Program

Continue reading "Wrongful Death?: Police Probe of Sweat Lodge Fatalities Becomes a Murder Investigation" »

An 84-year-old woman sustained serious injured last week when she was struck by an SUV on Boston Street. Laura Camara was in the crosswalk when the Salem pedestrian accident happened.

Police have cited William Conway, the driver of the sport utility vehicle, for negligent operation and failure to yield to a pedestrian. He says that he didn’t see Camara. Conway told police he thought the driver of a landscaping truck that was stopped at the crosswalk was directing him to turn. The truck driver, however, says he was actually signaling Camara to cross the street.

The elderly pedestrian sustained bruises, abrasions, and a head gash during the Massachusetts traffic accident. She was initially transported to Salem Hospital and then later flown to Boston where she was admitted to Beth Israel Deaconess Hospital. Camara's son says her injuries are complicated by the fact that she has a heart condition and is being treated with blood-thinning medication.

The crosswalk where the Salem pedestrian accident occurred is located in an area that has been a common site for traffic crashes. Police records indicate that there have reportedly been 24 traffic crashes close to this intersection since 2004. Seven people reported injuries. In about 12 of these Salem motor vehicle accidents, a driver was attempting to turn left from Aborn onto Boston Street.

Often, on the section of Boston Street that runs from Howley to Aborn, drivers will pass other vehicles or go into another lane so they can turn. There are cars parked on the side of this busy street.

Although Massachusetts motorists are responsible for driving safely, it is up to those charged with designing roadways to make sure that there are no hazards or conditions that can cause pedestrian accidents, truck crashes, car collisions, bicycle crashes, motorcycle accidents, or bus crashes. Getting hit by a car, a motorcycle, a bus, or a large truck can result in serious injuries for the pedestrian.

More than 20 accidents near crossing where woman hit, The Salem News, October 12, 2009

Elderly Woman Hit by Car in Salem, WBZ, October 8, 2009

Related Web Resources:
Walking or rolling, safety rules, Boston.com, October 11, 2009

Focusing on the Senior Pedestrian, Federal Highway Administration

Continue reading "84-Year-Old Woman Injured in Salem Pedestrian Accident on Boston Street" »

In Bristol County, Massachusetts, District Attorney Sam Sutter announced that the 100-year-old woman who was found dead in her bed at a Dartmouth nursing home on September 24 was strangled. Elizabeth Barrows was a resident at the Brandon Woods nursing home. Now, the medical examiner’s office is ruling her death a homicide.

Barrow was found in her bed with a plastic bag over her head. Investigators at first thought that she committed suicide, but autopsy findings indicate that she died from asphyxiation caused by manual strangulation.

The Dartmouth, Massachusetts nursing home is working with the authorities on this case. Barrow’s relatives say that because of an error in communication, a press release was issued announcing that her death was a homicide before the family was notified.

Depending on the circumstances surrounding an injury or death at a Massachusetts assisted living facility, a nursing home can be held liable for nursing home abuse, nursing home neglect, wrongful death, or nursing home negligence. Massachusetts nursing homes are obligated to make sure that residents are not physically assaulted, sexually assaulted, robbed, or murdered. Failure to provide adequate security, perform criminal background checks on nursing home workers and patients, failure to closely monitor potentially dangerous residents (or keep them separate from other patients), and failure to monitor who enters and exits the facility can be grounds for a Massachusetts nursing home negligence lawsuit if someone gets hurt or dies.

Recently, The Centers for Medicare and Medicaid recently gave Brandon Woods a 4 out of 5 star rating and the assisted living facility satisfied 122 of 132 of the Massachusetts Department of Health’s key nursing home criteria. It’s total score, however, was 116, which is lower than the state’s 121 average.

Our Boston nursing home negligence lawyers represent clients and their families throughout the state of Massachusetts.

DA: Never Had A Case Like 100-Year-Old's Slaying, WCVB, October 8, 2009

Justice sought in strangulation of 100-year-old, Boston.com, October 8, 2009

Related Web Resources:
Massachusetts Nursing Homes

Massachusetts Department of Public Health

Nursing Home Compare, Medicare.gov

Former Boston Councilor David Scondras is suing Lawrence police for Massachusetts police brutality. Scondras, who was the city’s first openly gay city councilor, claims that Lawrence police beat him on October 9, 2006 when he arrived at a school parking lot to meet a man who he had been flirting with online.

The man, 20-year-old Michael Fornesi, pretended he was a 15-year-old during their Internet chats. Scondras, however, claims that he knew all along that Fornesi was a legal adult but that the two of them were playing out a fantasy.

In his Lawrence, Massachusetts police brutality lawsuit, Scondras says that during his arrest, police verbally abused him, threw him onto the ground, placed a gun to his head, and kicked him. He says he broke his tooth and that Sgt. Ryan Shafer allegedly called him an anti-gay name. Scondras claims that after the attack, the police wouldn’t take him to the hospital. Scondras’s attorney says that due to the encounter his client had brain swelling and he had to undergo surgery.

Scondras, in his Lawrence, Massachusetts personal injury complaint, admits that he tried to get away. He says this is because he thought police were going to physically assault him and he didn’t want to become the victim of what could be a “gay bashing" attack.

Fornesi and his father Officer John Fornesi, who was one of the arresting officers at the scene, are among the defendants in the Lawrence police brutality lawsuit. Schafer and Officer Eric Cerullo are also named.

In 2007, Scondras pleaded guilty to enticing a child under 16. He is now a registered sex offender.

Massachusetts Police Brutality
Physical assault, verbal abuse, emotional abuse, making threats, intimidation, and discrimination based on gender, race, or sexual preference are forms of police brutality that are illegal and can be grounds for a civil rights violation complaint against those involved.

David Scondras sues over arrest, October 5, 2009

Former Boston City Councilman, Convicted Pedophile, Now Claims Police Brutality, Edge Boston, October 6, 2009

Related Web Resources:
Lawrence Police Department

Massachusetts Police Brutality

At the US Department of Transportation’s Distracted Driving Summit this week, family members who lost loved ones in car accidents involving drivers who were distracted spoke to attendees about their tragedies. One woman lost her mother of a driver who was talking on his cell phone. Another woman, a motorcyclist, was killed when she was struck at a red light by a driver who was painting her nails. And of course, there are the accounts of loved ones lost because drivers were texting while driving, reaching for a cell phone, or glancing at a PDA to "quickly" read a text message.

According to the NHTSA, almost 6,000 people died in distracted driving accidents last year. Over 500,000 others survived these auto accidents with injuries. As one man who lost his mother told the summit, “distracted drivers destroy lives.” Yet many drivers continue to engage in some form of distracted driving.

Talking on a cell phone and texting while driving have proven especially dangerous, and calls for a nationwide ban on texting has become more urgent. The CTIA-The Wireless Association reports that 110 billion texts were sent out in December 2008. Compare this figure to the 10 billion texts that were transmitted in December 2005.

On Wednesday, the Obama Administration announced that federal workers will no longer be allowed to text message while operating a motor vehicle while on the job or in a government-owned auto. According to Transportation Secretary Ray LaHood, the government is also considering restricting truck drivers, train operators, and bus drivers from using cell phones.

In Massachusetts, there is still no ban on text messaging. Localities are allowed to decide whether to restrict cell phone use. Earlier this year, the Boston area’s transit authority announced a new policy change banning bus, trolley, and train operators from carrying cell phones and personal electronic devices while they are on the clock. The crackdown came after a trolley operator who was text messaging caused aBoston train accident that injured 49 people.

Boston car drivers are allowed to talk on handheld devices and text message while driving an auto. This can result in serious Massachusetts traffic accidents and personal injuries and wrongful deaths may ensue.

Cell Phone Ban After Boston Trolley Crash, Huffington Post, May 9, 2009

New regulation bans federal employees from texting while driving, Los Angeles Times, October 1, 2009

Related Web Resources:
Distracted Driving Summit, US Department of Transportation

State Cell Phone Driving Laws, Governors Highway Safety Association

An Examination of Driver Distraction as Recorded in NHTSA Database (PDF)

Continue reading "At Distracted Driving Summit, Families of Car Accident Victims Bring to Life the Deadly Consequences of Multitasking While Behind the Wheel " »