Boston Injury Lawyer Blog

Two years after a 1-year-old North Attleboro baby died from suffocation while entrapped between the frame and mattress of his crib, the Consumer Product Safety Commission is recalling the Simplicity full-size cribs (both drop-side and fixed-side cribs) that come with mattress support frames that are made with tubular metal. The crib defect may prove fatal if the frame detaches or bends, causing an area of the mattress to cave, which can then become an opening that a toddler or infant can get entrapped or stuck in or fall through.

The CPSC knows of 13 other incidents involving these cribs that have resulted in the infant furniture collapsing. Another child who became entrapped was lucky enough to survive without physical injuries. One child that fell from the crib sustained minor cuts to his head.

The CPSC is warning parents to stop using the recalled cribs immediately. The agency does not know how many cribs are included in the recall. It also doesn’t have a list of all the affected models because Simplicity and SFCA Inc., its successor company, are not in business any longer.

Crib Entrapment
Crib entrapment is frequently caused by poorly designed and manufactured cribs. Suffocation, strangulation, fall injuries, traumatic brain injuries, and deaths are among the catastrophic results.

If your child died or was seriously injured because of a crib defect or another product flaw, you may have grounds for filing a Massachusetts products liability lawsuit against the negligent manufacturer, seller, and/or other liable parties.

In the last few years, the CPSC has recalled millions of cribs over product defects that are a serious injuries to children risk. The CPSC announced its latest Simplicity recall (It has recalled other Simplicity products in the past) on the same day it recalled, along with LaJobi Inc., approximately 217, 000 Graco drop-side cribs. If the drop side fails, breaks, doesn’t lock, or detaches from the crib, a baby or toddler can become entrapped between the mattress (this can lead to strangulation or suffocation) or fall to the ground.

99 drop-side failure incidents have been reported. Two children became entrapped and six children fell out of their respective cribs. None of them were seriously injured, although one child did suffer a mild concussion.

Simplicity Crib and Graco Crib Recall, Modern Mom, April 30, 2010

CPSC announces 2 big crib recalls, Associated Press/Boston.com, April 29, 2010

Related Web Resources:
Consumer Product Safety Commission

Product Liability FAQ, Nolo

Continue reading "Death of Massachusetts Toddler from Crib Entrapment Leads to Latest Simplicity Crib Recall" »

An inquest will take place in the death of Daniel Ryan. The Mashpee man died three weeks after he was restrained at Cape Cod Hospital on October 9, 2009. The 35-year-old was there to visit his wife, who was a patient.

The hospital claims that they had to restrain him because he was a danger to patients, staffers, and himself. He fell into a coma before passing away. The state’s medical examiner's office representative is calling Ryan’s death a homicide, and the Department of Public Health cited Cape Cod Hospital for violating his rights and using inappropriate restraint methods, which led to his death.

Ryan reportedly was walking through the hospital without authorization and was stopped by a security worker. The hospital says that Ryan turned violent and tried to break away and run off. Their account is different from the video surveillance footage that shows him tripping on a sheet that was placed over his head and falling forward. A security officer escorting Ryan also fell before placing him in a headlock, flipping him over, and sitting on him in what looked like an attempt to restrain him.

According to the state’s report, at least two other hospital workers helped keep Ryan immobile. The state also says that it wasn’t until he needed emergency attention that the workers loosened his restraints or checked his condition. The state determined that security staff at the hospital hadn't been trained in appropriate and proper restraints.

Massachusetts Wrongful Death
If you believe that your loved one died because a party behaved negligently, recklessly, or carelessly, you may be entitled to obtain Massachusetts wrongful death compensation.It doesn’t matter whether the negligence was accidental or intentional.

ME Rules Death a Homicide, Cape Cod Times, April 27, 2010

Inquest set in fatal conflict at Cape Cod Hospital, Boston.com, April 27, 2010

Related Web Resources:
Cape Cod Hospital

Wrongful Death Action, Law.Cornell.Edu

Continue reading "Death of Mashpee man who was inappropriately restrained at Cape Cod Hospital is under investigation" »

Hilda Almonor, a nurse’s aide, is accused of raping a 68-year-old nursing home resident. The 46-year-old woman has pleaded not guilty to one count of indecent assault and battery and two counts of rape.

According to prosecutors, the alleged Massachusetts nursing home abuses occurred on April 3 and April 10 while Almonor was helping the patient shower at the Hancock Park Rehabilitation & Nursing Center in Quincy. “Terrified” that Almonor would assault her again, the woman reported the nursing home sex abuse to another nurse and the assisted living facility contacted police.

According to the victim, Almonor used her fingers and an unknown object to sexually assault her. A police investigation is under way.

Nursing Home Sexual Assaults
Unfortunately, incidents of sexual assaults at assisted living facilities throughout the US are all too common occurrences and it is usually the patients, who are often too frail, sick, vulnerable, or scared to fight back or report what happened that are the victims.

Sexual abuse, assault, rape, and molestation are crimes and acts of nursing home abuse when committed by a nursing home worker. Regardless of who sexually assaulted you or your loved one, if the crime occurred at a Quincy assisted living facility, you may have grounds for filing a Massachusetts nursing home negligence lawsuit.

Nursing homes are supposed to provide residents with the nursing care they require while making sure that they don’t come to any physical or emotional harm during their stay at the assisted living facility. Assisted living facility supervisors know that nursing home abuse, neglect, and sexual abuse can happen and it is their responsibility to must take the necessary steps to prevent such incidents from happening.

Quincy nursing aide held on $10k bail in alleged rape, Wicked Local/The Patriot Ledger, April 21, 2010

Nursing Home Aide Accused Of Raping Patient, The Boston Channel, April 20, 2010

Related Web Resources:
Nursing Homes, Health and Human Services, Mass.gov

Massachusetts (MA) Nursing Homes, UCompareHealthcare.com

Continue reading "Quincy Nursing Home Abuse?: Massachusetts Nurse’s Aide Charged With Raping Female Resident" »

Toyota is recalling the 2010 Lexus GX 460 sport-utility to fix the software in the sport utility vehicle’s stability control system. Testing by Consumer Reports and Toyota found the vehicle to be an SUV rollover risk, and the automaker has taken immediate action to fix the problem.

So far, there are no reports of injuries or deaths related to the auto defect. The problem became public knowledge after Consumer Reports issued a “Don’t Buy” warning to car buyers because its testers found that the GX40 was in danger of rolling over during certain emergency situations. Toyota immediately began conducting its own tests and suspended the sale and manufacturer of its SUV’s to determine if there was a problem and if so, how to fix it.

The need for a recall is the latest bad news for Toyota, which has recalled more than eight million autos for sudden acceleration-related defects and brake problems. Last week, the automaker recalled approximately 600,000 1998 -2010 Toyota Sienna minivans because of concern that if road salt causes the carrier cable to corrode excessively, the spare tire may fall off, potentially causing a traffic crash.

Toyota has been trying hard to regain consumer confidence, which has faltered in the wake of so many auto defects and resulting injuries and deaths. Since the mass recalls, dozens of people have filed auto products liability lawsuits and wrongful death complaints against the automaker.

On Monday, the auto manufacturer agreed to pay the $16.4 million fine imposed by US safety regulators because it waited too long to address the “sticky” gas pedal defect that prompted a mass recall in January. US Transportation Secretary Ray LaHood says that by not acting fast enough to notify the public and the government about the problem—Toyota automaker may have known about the problem in September—the automaker put people’s lives at risk.

Toyota Recalls Lexus GX 460 SUV Rated ‘Safety Risk’, BusinessWeek, April 20, 2010

Toyota to Pay $16.375 Million Civil Fine, National Highway Traffic Safety Administration, April 19, 2010

Related Web Resources:
Don't Buy: Safety Risk--2010 Lexus GX 460, Consumer Reports, April 13, 2010

Recall Information, Toyota

Continue reading "Toyota Motor Corp Recalls Lexus GX 460 to Remedy SUV Rollover Hazard" »

Bob Oliva, a former high school boy’s basketball coach has pleaded not guilty to two counts of child rape and one count of disseminating pornography to a minor. Oliva, 65, is charged with raping sexually assaulting a 14-year-old boy, who was a family friend, at the Boston Sheraton in 1976.

The alleged victim, Jimmy Carlino, is now 48-years-old. He reported the alleged sex crime to Boston police last year. Massachusetts prosecutors can prosecute Oliva for the 34-year-old sex assault case because the statute of limitations stayed frozen as long as the former coach lived outside the state.

Oliva, considered one of the top high school coaches in New York for almost 30 years, won more than 540 games and five city championships while coaching basketball at a high school in Queens.

Boston Sexual Assault Lawsuits
In addition to reporting a sex crime to the authorities, you may be able to file a Boston sexual assault lawsuit against your assailant or the entity that employed your perpetrator. Sexual assault can consist of rape, inappropriate fondling, molestation, unwelcome kissing, or other sexual acts.

Just last week, a jury awarded Kerry Lewis $1.4 million for the sex abuse he experienced at the hands of Timur Dykes during the 80’s. The 38-year-old former Boy Scout sued the Boy Scouts of America for his personal injuries. The jury will determine next week whether to order the defendant to pay up to $25 million in punitive damages. Dykes admitted to molesting 16 other boy scouts in addition to Lewis.

Sexual assault can be painful, traumatic, and may lead to lasting scars that can impede the victim’s ability to lead a normal, healthy, and happy life. The victim may end up with medical and therapy expenses because of physical, emotional, and psychological injuries brought about by the sex crime. Many instances involving Boston sexual abuse involve attackers that the victim knows or trusts, such as a family friend, a relative, a teacher, a priest, a coach, a doctor, a group leader.

Ex-high school coach pleads not guilty, ESPN, April 13, 2010

Former Christ the King coach Bob Oliva indicted on two counts of child rape by Mass. grand jury, NY Daily News, March 25, 2010
Former Boy Scout Kerry Lewis Wins Sex Abuse Case Against Boy Scouts, Gets $1.4 Million, CBS News, April 14, 2010

Related Web Resources:
U.S. courts allow sex abuse cases against Vatican to proceed in rare legal move, Washington Post, March 27, 2010

Child Sexual Abuse, American Academy of Child and Adolescent Psychiatry

Continue reading "Boston Sexual Assault: Former High School Basketball Coach Faces Criminal Charges for 1976 Rape" »

Kayla Lackey’s mother Erin has reached a $1.8 million wrongful death agreement with Community Health Care Inc., a for-profit Massachusetts methadone clinic in Chicopee. Kayla was just 8 when she died in a Marlboro truck accident in April 2005 on Route 9. Stephen Fairchild, the driver of the pickup truck that struck the truck that Erin, Kayla, and two of her cousins were riding, was a patient at the clinic. He died from injuries he sustained during the truck crash.

Autopsy findings indicate that at the time of the head-on truck crash, Fairchild’s methadone level was “peaking.” He also had recently used marijuana and cocaine.

In 2007, Kayla’s estate sued the clinic and Putney doctor Walter Slowinski over the truck crash that claimed the young girl’s life. Slowinski, who prescribed anti-anxiety medication to the Fairchild while he was taking methadone, settled with the estate earlier this year.

Fairchild, who had a history erratic driving and heroin addiction, also may have been taking trazodone and an anti-seizure drug. All of the drugs combined likely impaired his driving abilities on April 4, 2005.

According to the wrongful death complaint, the clinic failed to properly monitor the truck driver after giving him “take-home” methadone bottles. The clinic is also accused of failing to make Fairchild take blood tests even though he exhibited physical signs of someone who was abusing drugs. He also missed required sessions, including meetings for counseling, and reported that his prescription drugs had been stolen or lost—another red flag.

Erin, who sustained a severe arm fracture, has ongoing medical bills from the truck crash. Kayla’s cousins, Jacob O’Hearn, then 12, and Joshua O’Hearn, then 4, did not sustain any physical injuries, but they were traumatized.

Massachusetts Wrongful Death Cases
The best way to determine who should be held liable for your loved one's Boston wrongful death is to consult with an experienced injury lawyer about your case.

Mother of crash victim wins $1.8M from methadone clinic, Times Argus, April 10, 2010

Vermont woman awarded $1.8M from Massachusetts clinic, Boston Herald, April 9, 2010

Related Web Resources:
Community Healthcare of Chicopee MA

Wrongful Death, Nolo

A Massachusetts jury has awarded the parents of Antwoine Key $2.4 million for his Worcester wrongful death. The college basketball player died in 2005 after collapsing during the first quarter of a game at Worcester State College.

A Boston Doctor had examined the 22-year-old Eastern Connecticut State University student in 2001. According to the plaintiffs’ Boston medical malpractice lawyers, the doctor was supposed to determine whether Key was medically eligible to take part in college sports.

While examining Key at a Dorchester health center, the doctor discovered that there was a “slight systolic murmur” in his heart. Yet she signed a form clearing him to play sports. She noted that Key was in “excellent health” and did not impose any physical restrictions on him.

Autopsy results indicate that the college student’s cause of death was hypertrophic cardiomyopathy. The plaintiffs’ Boston wrongful death lawyers accused Abdulah of failing to conduct a complete examination of Key, which rendered her unable to give an accurate medical opinion. They contend that if the doctor had correctly diagnosed the heart murmur, Key’s life might have been saved.

The doctor’s attorneys argued that she did in fact order an electrocardiogram for Key but that he did not show up to take the test.

Key’s parents, Angela and Tony, were awarded $400,000 for pain and suffering and $600,000 each for the loss of their son. With interest, the Massachusetts wrongful death award goes up to almost $2.4 million.

Wrong Diagnosis
It is so important for doctors to correctly diagnose a patient’s condition. Failure to provide the correct diagnosis can result in health complications and even death. A patient who is incorrectly diagnosed may end up having to undergo more aggressive medical procedures in order to recover. Wrong diagnosis can be grounds for Boston medial malpractice.

Jury finds doctor negligent in death of basketball player, Boston.com, March 27, 2010

Jury Finds Doctor Negligent In Death Of ECSU Basketball Player, Courant.com, March 28, 2010

Eastern Connecticut player dies after collapsing at game, Chicago Flame, January 25, 2005

Related Web Resources:
Hypertrophic cardiomyopathy, MedlinePlus

Wrong Diagnosis

The dad of 19-year-old Julia Gauthier is suing her boyfriend and his mom for Massachusetts wrongful death. Gauthier died in a Lynn car accident on March 21 when the Toyota 4Runner SUV that her boyfriend, 19-year-old Christopher Maxson, was driving flipped over.

Maxson is accused of speeding, driving drunk, and driving through a stop sign before crashing his mother’s sport utility vehicle into three parked cars, which caused his vehicle to flip over. Gauthier was thrown from the Toyota. She went through the sunroof before landing on the pavement. Gauthier was pronounced dead at the Massachusetts car accident site.

Maxson, a Marblehead resident, has pleaded not guilty to charges of drunken driving, motor vehicle homicide while driving drunk, failing to stop, and driving to endanger.

In his Salem wrongful death lawsuit, Marc Gauthier is accusing Maxson and his mom of gross negligence and negligence. Marc is suing the Marblehead’s teen mother for letting her son drive the SUV.

Marc’s Boston injury lawyer says that the Massachusetts wrongful death complaint was filed quickly because it was necessary to get a temporary restraining order to preserve evidence on the Toyota. It is imperative that the vehicle not be sent to a body shop until an accident expert can examine it.

Car Crash Evidence
As the Boston, Massachusetts injury victim or the relative of the person that died, you will want all traffic crash evidence preserved. If you or someone you love were seriously injured in a Boston car accident, your Massachusetts injury lawyer can retain the services of accident reconstructionists that know how to analyze the traffic crash site and determine what caused the collision.

Reconstructionists can determine not only what caused a Salem car accident, but they can identify the contributing factors, such as any vehicle defects, the roles played by the motorists involved, and any road defects or traffic-related issues. Obtaining the police accident report and getting the victim’s medical records are also important.

Father files lawsuit in crash that killed his daughter, The Salem News, April 2, 2010

Accident reconstructionists vital part of police team, The Newsstar.com, April 5, 2010

Related Web Resources:
Car Accidents Overview, Justia

Personal Injury, Nolo

Pfizer has settled the Boston wrongful death lawsuit filed by the family of Hartley Shearer for $400,000. Shearer, 57, committed suicide 16 months after he started taking the epilepsy drug. In their Massachusetts dangerous drug complaint that they filed in federal court in Boston, the plaintiffs, Hartley's widow and son, had accused Pfizer of failing to warn doctors and patients that Neurontin can increase the risk of suicide.

Over 1,000 dangerous drug lawsuits have been filed accusing Pfizer of illegally marketing Neurontin for unapproved uses and contributing to the suicide deaths of a number of users. While the US Food and Drug Administration has approved Neurontin for treatment of epilepsy and shingles, the medication's off label uses have included:

• Reflex Sympathetic Dystrophy
• Attention Deficit Disorder
• Restless Leg Syndrome
• Post-Hepatic Neuralgia
• Drug Withdrawal Seizures
• Alcohol Withdrawal Seizures
• Trigeminal Neuralgia

Just last month, another Boston jury ordered the drugmaker to pay Kaiser Foundation Health Plan Inc. and Kaiser Foundation Hospitals $47.36 million, which, under the racketeering law, is tripled to over $140 million in damages.

Kaiser said that its doctors were misled into believing that Neurontin could be used for unapproved purposes. The insurer claims it had to pay $90 million more than it should have because of the drug.

Side Effects Associated with Neurontin:

• Paranoia
• Suicidal behavior
• Hostility
• Memory loss
• Depression
• Unsteadiness
• Abnormal thinking
• Severe mania
• Dizziness
• Nausea
• Lack of coordination
• Drowsiness
• Ataxia
• Vomiting
• Viral infection
• Fatigue

If you believe that your loved one’s death was caused by a dangerous drug or because the manufacturer failed to warn of possible side effects, you may have grounds for filing a Boston dangerous drug lawsuit against a negligent pharmaceutical company.

Pfizer Defends Epilepsy Drug Neurontin at Fraud Trial (Update3), BusinessWeek, March 23, 2010

Pfizer faces $142 million in damages for drug fraud, KBOI2.com/AP, March 26, 2010

Related Web Resources:
Pfizer

Neurontin