Boston Injury Lawyer Blog

According to the Boston Globe, close to 2,500 Massachusetts nursing home patients were given antipsychotic drugs last year even though the medication isn't recommended for treating their illness. Data gathered by the Centers for Medicare and Medicaid Services shows that 28% of the state’s nursing home residents were given the powerful medications and that 22% of these patients—that’s 2,483 people—had not been diagnosed with a medical condition that warranted this type of treatment.

The fact that so many patients were given antipsychotics without just cause is an issue of concern—especially because so many residents suffer from dementia. Dementia patients increase their fatality risk when they take antipsychotic meds, which are actually for treating patients with serious mental illnesses. Confusion and weight gain are two of the other unpleasant side effects that antipsychotic meds can have on a someone with dementia.

Other Possible Side Effects When Taking Psychotropics:

• Dizziness
• Drowsiness
• Increased risk of cardiac failure
• Skin rashes
• Sun sensitivity
• Muscle spasms
• Rigidity
• Menstrual problems

With such potentially serious side effects, choosing to administer this kind of powerful drug to a patient is a decision that cannot be made for the wrong reasons. Unfortunately, some nursing homes use psychotropics to sedate patients who exhibit “bothersome behavior” or they fail to follow up after prescribing the drugs to determine whether a resident’s dosage should be reduced or eliminated. Inadequate training, low staffing, and nursing home negligence are some reasons why patients who don’t need to psychotropic drugs are forced to take them.

Overmedication, prescribing the wrong drug, or sedating a patient solely for the convenience of the nursing staff can be grounds for a Boston, Massachusetts nursing home negligence lawsuit.

Nursing home drug use puts many at risk, Boston.com, March 8, 2010

Sane Elderly Given Antipsychotic Drugs at Mass. Nursing Homes, Fox News/AP, March 8, 2010

Related Web Resources:
Study Confirms Antipsychotics Pose Heart Risk, Wall Street Journal, January 15, 2009

Nursing Homes, Mass.gov

Continue reading "Massachusetts Nursing Home Negligence?: Almost 2,500 Assisted Living Facility Residents Given Antipsychotic Drugs Without Just Cause in 2009 " »

Now that Rebecca Riley’s parents have been convicted of her murder, the Boston wrongful death lawsuit accusing Dr. Kayoko Kifuji of Massachusetts psychiatric malpractice will move forward. Rebecca, 4, died after her parents overmedicated her with psychotropic drugs.

The drugs were prescribed by Kifuji who, in exchange for immunity, testified at the criminal trials of Carolyn and Michael Riley. During Michael’s trial, Kifuji said that she does not question the diagnosis she made that Rebecca, then 2, was suffering from attention deficit hyperactivity disorder and bipolar disorder.

Kifuji said her diagnosis was based primarily on Carolyn’s accounts of her daughter’s conduct. The psychiatrist prescribed Depakote and clonidine for Rebecca. She had prescribed the same drugs to Rebecca’s two older siblings, who were diagnosed with the same conditions.

Carolyn and Riley were accused of sedating their children to keep them quiet and using their kids’ illnesses to get money from the government. Upon Rebecca’s death, the little girl had three times as much clonidine in her system as she would have had if she’d taken her daily dose at one time.

Kifuji gave up her license in February 2007 after Rebecca’s parents were charged with her murder. After a grand jury and the state medical board cleared her, she began practicing psychiatry again at Tufts Medical Center in Boston.

In 2008, Rebecca Riley’s estate filed its Boston medical malpractice complaint against Kifuji. Per the estate’s Massachusetts wrongful death lawyer, Kifuji did not decrease Rebecca’s prescription even after a preschool nurse cautioned that the girl was overmedicated. The Boston, Massachusetts wrongful death lawsuit is seeking unspecified damages for the pain suffered by Rebecca and the loss her siblings have been forced to endure with her passing.

Examples of Psychiatric Malpractice
• Wrong diagnosis
• Failure to provide proper treatment
• Mental abuse
• Emotional abuse
• Sexual abuse
• Sexual assault
• Engaging in a sexual relationship with a patient
• Privacy violations
• False imprisonment
• Medication overdose
• Prescribing the wrong drug

With Riley murder trials done, spotlight turns to civil suit against psychiatrist, The Patriot Ledger, March 30, 2010

Doctor is sued in death of girl, 4, Boston.com, April 4, 2008

Related Web Resources:
Jury finds Riley guilty of first-degree murder, Wicked Local, March 29, 2010

Rebecca Riley Murder Case Timeline, My Fox Boston

Fall accidents and suffocation are two of the leading causes of injuries to young children. This is why in the last seven days, US Consumer Product Safety Commission, along with three manufacturers, have announced recalls of products that pose serious injuries to children. If your son or daughter is one of these victims, do not hesitate to request your free consultation with our Boston products liability lawyers. We are committed to making sure that child injury victims and their families receive the Massachusetts personal injury compensation that they are owed.

On March 18, the CPSC and Graco recalled approximately 1.2 million Harmony™ High Chairs following 24 reports of injuries to children, which included bruises, bumps, and scratches to the body and head, as well as an arm hairline fracture. At least 464 reports of screws coming loose and plastic brackets cracking have been reported to Graco. These defects can make the high chairs unstable.

If a chair tips over and a child is in it, a fall accident can occur. All Harmony™ High Chairs are affected by the recall and the CPSC wants people to stop using them right away.

Earlier this week, the CPSC and Infantino LLC recalled one million infant slings following reports of three child deaths that occurred last year. All three infants, a 7-week-old, a 3-month-old, and a 6-day-old, suffocated while being carried in the sling. The recall comes just days after the CPSC issued a warning that baby slings can pose a suffocation hazard if the baby’s breathing becomes obstructed. Visit our Boston Injury Lawyer blog site for more details about the warning.

Yesterday, the CPSC and Evenflo Co. recalled about 150,000 Evenflo Top-of-Stair™ Plus Wood Gates following a number of fall accidents that occurred. The manufacturer has received 142 reports of slats coming apart from the gate or breaking. Three kids were able to get through the gate and two fell down steps. Four kids sustained bruises and bumps to the head while seven kids suffered minor bruises, scratches, and scrapes. Consumers are to stop using the gates as soon as possible.

Evenflo Recalls Top-of-Stair Plus Wood Gates Due to Fall Hazard, CPSC, March 25, 2010

Infantino baby sling recall: Are any baby slings safe?, Christian Science Monitor, March 24, 2010

1.2 million 'unstable' Graco highchairs recalled, CNN, March 18, 2010

Related Web Resources:
Safe Kids USA

Childhood Injuries, CDC

During Brain Injury Awareness month, our Boston traumatic brain injury lawyers would like to remind you that you may have grounds for a Massachusetts personal injury lawsuit if your TBI was caused by another party’s reckless or negligent actions. Sustaining a traumatic brain injury can be extremely traumatic and challenging. Living with a permanent TBI is life-altering, as well as devastating for the patient and loved ones.

According to the Centers for Disease Control and Prevention, fall accidents and traffic crashes are the two primary causes of TBIs. About 1.7 million traumatic brain injuries happen every year, resulting in 52,000 fatalities. In its current report, "Traumatic Brain Injury in the United States: Emergency Department Visits, Hospitalizations, and Death," the CDC presents its latest figures on TBIs, including:

• TBIs are a factor in 1/3 of injury-related deaths.
• Assaults and getting hit by or hitting an object are among the other leading causes of TBIs.
• Seniors, teenagers in the 15-19 age group, and children under the age of 5 are at highest risk of suffering from a TBI.
• 75% of TBIs are mild traumatic brain injuries.

A brain injury is an injury that should be taken seriously. In some cases, failure to provide immediate treatment can result in death. Some brain injury victims may not even be aware that they are suffering from one. For instance, some people are diagnosed with having a concussion, which in most cases is a mild TBI. Findings from a recent study showed that kids who were diagnosed with a concussion, as opposed to a mild TBI—even though that is in fact what they were suffering from—were more likely to go back to school and resume their normal physical activities than children who were told that they had a TBI. This can lead to permanent disabilities.

There are ways to prove that your traumatic brain injury would not have occurred if only the responsible party hadn’t been negligent.

March is Brain Injury Awareness Month, Brain-Aware for Life

Traumatic Brain Injury in the United States: Emergency Department Visits, Hospitalizations, and Death (PDF)

Related Web Resources:
Traumatic Brain Injury Information Page

Brain Injuries Overview, Justia

Continue reading "Traffic Crashes and Fall Accidents Continue to be Leading Causes of Traumatic Brain Injuries" »

The family of Jeffrey Thompson is suing National Seating & Mobility Inc. for $10 million. They filed their Boston, Massachusetts wrongful death lawsuit alleging negligence in Suffolk Superior Court. Thompson, who is a quadriplegic, died after his wheelchair malfunctioned while it was being repaired in 3007. The 29-year-old broke his leg and went into “uncontrollable seizures.”

The plaintiffs contend that the repair technicians should have removed Thompson from the chair and taken out the device’s battery before beginning routine repairs on the electrical wiring. The chair malfunctioned and “jumped,” and the movement caused his legs to get pinned under a table.

The repairmen contacted Thomson’s personal care assistant, who told them to call 911. He was transported to a hospital and died the next day. The Boston wrongful death complaint contends that the technicians were inadequately trained.

According to Thompson’s father Charles, another technician that had come to do maintenance on the wheelchair had always removed his son from the $15,000 wheelchair before beginning to work.

Wheelchair Maintenance
Wheelchairs require regular maintenance to ensure full functionality. Axles, nuts, bolts, legrests, armrests, footrests, backrests, pivot points, ball bearings, the chair frame, and any electrical components need to be in proper working condition. Damaged parts should be replaced, certain parts should be properly lubricated, and any necessary repairs should be made. This is not a process that should cause injury to anyone.

Disability advocate's family sues after he dies during repairs to his wheelchair, StarTribune, March 17, 2010

Activist’s family sues over wheelchair death, Boston.com/AP, March 18, 2010

Related Web Resource:
National Seating & Mobility Inc.

Wrongful Death, Nolo

Continue reading "Boston Wrongful Death Lawsuit Seeking $10 Million for Wheelchair Fatality" »

Here is a warning for Massachusetts parents and guardians. According to the Consumer Product Safety Commission, baby slings can be deadly for your infants. Over the years, this carrier has proved to be a popular accessory, allowing parents to “wear” their kids while keeping them close so that they can bond or breastfeed. Yet the CPSC says that in the last 20 years, it has looked into at least 13 deaths that have been linked to these sling carriers.

12 of the babies that died were under the age of four months. Three of the fatalities happened last year. Consumer Reports noted in 2008 that there had been about two dozen serious injuries to children involving the baby slings.

The main hazards associated with the baby slings are fall accidents, which can lead to skull fractures and traumatic brain injuries, and suffocation, which can happen if the baby ends up in a “C-like” position close to the mom’s belly or chest or if the sling’s fabric ends up covering the infant’s mouth and nose. Both can make it hard for the baby to breath properly.

If your child died because of a defective product, you may want to consider filing a Boston, Massachusetts products liability lawsuit so that you can obtain compensation for the injuries to your child caused by a negligent manufacturer.

If you are going to continue to use your child’s baby sling, then it is important that you:

• Check with the doctor to make sure the sling is the right carrier to use for your baby.
• Follow directions for proper use.
• Make sure that your baby is securely in the sling and isn’t at risk of falling.
• Make sure that the sling fabric doesn’t cover your baby’s face.
• After feeding the infant, shift his/her position so that the head is facing up.
• Frequently check your baby’s position in the sling.

Unfortunately, there are furniture, clothing, accessories, toys, and other children’s products that are either defectively designed or poorly made to the point that they can cause serious injuries to children. Choking, strangulation, lead poisoning, fingertip amputation, and eye hazards are just some of the potential dangers that can cause Boston, Massachusetts injuries to minors.

Infant Deaths Prompt CPSC Warning About Sling Carriers for Babies, CPSC, March 12, 2010

Infant deaths prompt gov't warning on slings, Associated Press/The Boston Globe, March 12, 2010

Related Web Resources:
Strangulation and Suffocation, Parents.com

Child Injuries, Centers for Disease Control and Prevention

Continue reading "Baby Sling Carriers Can Cause Child Suffocation, Cautions CPSC" »

The family of Joshua Messier intends to file a Massachusetts wrongful death complaint against the state now that the medical examiner’s officer has issued a homicide ruling. Messier died from blunt head impact and “compression of the chest” last May after he was restrained by guards at Bridgewater State Hospital.

The 23-year-old psychiatric patient was treated at the Brockton Hospital ER on May 4 for heart failure. There was dried blood in his hair and nostrils. He also had facial bruises and ligature marks on his body. The Plymouth District Attorney’s Office is investigating Messier’s death.

Meantime, the officers involve claim that after patient assaulted two cops, other officers helped restrain him. Messier then went into cardiac arrest. According to The Boston Globe, Massachusetts Correction Officers Federated Union Steve Kenneway is calling the incident a “clean use of force.” He says that that the examiner’s finding that Messier’s death was a homicide is just a legal term noting that another person was involved in the fatality.

Messier was diagnosed with paranoia and schizophrenia about six years ago after he injured his head during a golf accident. He had been at Bridgewater State Hospital, which is a correction facility, for over a month when he died.

Messier’s mom, Lisa, said she had been scared for her son while he was at Bridgewater. She wants criminal charges filed in his death. She is accusing the officers of Massachusetts police brutality, in addition to failing to help and protect a man who was clearly mentally disabled. Her family has hired a Boston wrongful death attorney.

Boston, Massachusetts Police Brutality
While most police officers are well intentioned when doing their jobs, there are cops that abuse their authority or get caught in the moment and end up using excessive force when trying to apprehend someone. Unfortunately, use of too much force can cause serious injuries and death. Police violence is a violation of one's civil rights, and you may be able to obtain Boston police brutality compensation for your injuries.

Patient’s death after scuffle is ruled homicide, Boston.com, March 10, 2010

Man restrained at Bridgewater dies, Boston Herald, May 7, 2010

Related Web Resources:
Bridgewater State Hospital, Mass.gov

Cops and the Mentally Ill, Newsweek, July 31, 2008

Helen T. Van Dale was a patient at Wingate’s Silver Lake Rehabilitation & Skilled Nursing Residence in Kingston in 2007 when she hit her head during a fall accident. The 92-year-old nursing home resident died within 24 hours. Now, in an attempt to hold the assisted living facility liable for her mother’s wrongful death, Van Dale’s 74-year-old daughter, Dottie Hammond, has filed a complaint alleging Massachusetts nursing home neglect.

Hammond contends that during the five weeks her mother stayed at the Kingston long-term care facility, her health declined because the nursing home staff failed to diagnose that she was suffering from a UTI. The infection caused Van Dale to feel disoriented, which is why she fell off her wheelchair.

Last July, a Massachusetts superior court medical tribunal determined that there was enough evidence for Hammond’s Massachusetts medical malpractice complaint to go forward. Hammond is determined to hold the South Shore nursing home liable for nursing neglect so that other patients won’t “suffer.”

With Discovery Rule, you have three years to file your Boston nursing home negligence lawsuit. While this cannot make up for the pain and suffering experienced by your loved one, obtaining Massachusetts injury compensation allows you to hold the negligent parties responsible.

This is one reason why you should make sure that a nursing home resident doesn’t sign away his/her right to sue for Boston personal injury in the event of medical malpractice, nursing home abuse, neglect, or negligence. Considering that, per the Boston Sunday Herald, almost 40% of Massachusetts nursing homes performed below the average during their yearly inspections, a prospective resident will want to retain the right to file a lawsuit rather than be forced to resolve the dispute via arbitration.

According to studies, resolving a nursing home abuse case through arbitration significantly lowers payouts even when serious abuse or neglect was involved. Unfortunately, most patients and their families don’t even realize that included in the thick packet of forms to sign during admission is an arbitration agreement.

Woman sues after mom’s death, Boston Herald, March 7, 2010

Related Web Resources:
Nursing Homes, Health and Human Services

Older Adults and Falls, CDC

In Middlesex Superior Court, family of Donna Ames has filed a Massachusetts wrongful death lawsuit seeking damages for plastic surgery malpractice. Ames, 49, died last July while trying to get a face lift. The family’s wrongful death lawyers claim that the procedure killed her.

Ames paid $4,700 for the elective procedure, which was supposed to be an outpatient surgery that should have lasted only an hour. However, after she was administered a local anesthesia, she began to experience what may have been adverse side effects. The oxygen in her blood dropped and her body started to violently jerk around. She was already brain dead by the time the ambulance was called.

According to Ames’ Boston cosmetic surgery malpractice lawyer, there was no anesthesiologist present during Ames’ procedure, and no one had connected her to any monitoring equipment. He says that the staff therefore had no way of determining how much oxygen she was getting. They called the ambulance 48 minutes after giving Ames her first injection.

At a Cambridge, Massachusetts hospital, Ames’ heart stopped two times. A week after she was declared brain dead, her family took her off life support.

The wrongful death defendants cosmetic surgery company Lifestyle Lift and doctors James C. Alex and Sanchayeeta Mitra. While Lifestyle Lift has expressed its condolences over Ames’ death, the company maintains that its face lift is among the safest facial procedures because local numbing medication is used instead of general anesthesia. The company claims that it did not know that Ames was allergic to anesthesia or had suffered from seizures.

Plastic surgery, even as an elective procedure, is still a medical procedure. Doctors must exercise the same care that they would when conducting other medical services for patients. Boston, Massachusetts cosmetic surgery errors can lead to disfigurement, health complications, and/or death.

Cosmetic Surgery Malpractice Can Lead To:

• Scarring
• Hematoma
• Infection
• Lidocaine overdose
• Anesthesia mistakes
• Assymetry
• Nipple loss
• Dry eyes
• Breast implants that are the wrong size
• Disfigurement
• Nerve damage
• Medication reactions
• Scarring
• Chemical burns or blisters
• Too much skin removed during face lift
• Not being able to close eyes
• Under correction
• Over-correction

It can be traumatic to have to live with the results of a botched plastic surgery procedure.

Suit ties death of woman to face lift, Boston.com, March 4, 2010

Lawsuit: Cosmetic Surgery Killed Mom Of 3, WCVB TV Boston, March 5, 2010

Related Web Resources:
Lifestyle Lift