Boston Injury Lawyer Blog

Three teenage residents in a Canton Group home had to be taken to the hospital on Friday after they were injured during a group brawl. About six staff members were also involved in the altercation. The home is run by the Judge Rotenberg Educational Center, which is known for using electrical skin shock to discipline students. Police and center officials say these shocks were not used on Friday.

Injuries from the brawl included a broken hip, wrist, and nose. The brawl may have broken out when one of the students ignored a staff member’s instructions that it was time to go to bed. Some of the staffers who were involved in the fight had put on helmets.

Most of the 200 students at the center have autism, behavioral disorders, or intellectual disabilities. About half of them wear electrodes on their skin, which allows staffers to trigger 2-second shocks using a handheld device. The electric shock procedure is sanctioned by the state of Massachusetts.

Earlier this year, the US Justice Department launched an investigation to examine of some of the residential school’s methods. According to a letter signed by over two dozen advocacy groups last year, residents at the center who have state-approved plans giving permission for electric shock as a behavior-control method are given these painful shocks if they interrupt others, stop working for over 10 seconds, whisper, or get out of their seats.

Schools and other facilities responsible for minors under their care can be held liable for Boston personal injury if negligence, carelessness, or recklessness contributes to causing a student, resident, or participant to sustain injuries or die. Physical abuse, neglect, failure to properly supervise, failure to protect, violent disciplinary methods, verbal threats, and failure to remove or repair hazards from the premise are some reasons why a student and his/her family might decide to file a Massachusetts injuries to a minor claim.

3 injured in brawl at group home, Boston.com, June 29, 2010

Feds Launch Probe Of School That Uses Electric Shock, Disability Scoop, February 25, 2010

Related Web Resources:
Judge Rotenberg Educational Center

Types of Personal Injury Damages, Justia

Continue reading "Three Teens Injured in Canton Group Home During Brawl" »

By refusing to hear an appeal from the Vatican, the US Supreme Court has allowed a sexual abuse lawsuit against the Holy See to move forward. The clergy sexual abuse complaint accuses the Vatican of working with US church officials to transfer a priest to different cities in the wake of allegations that he was abusing a number of young people.

The sexual abuse complaint, John V. Doe v. Holy See, was filed in 2002. The plaintiff, who is now a grown male, says that Rev. Andrew Roman molested him on a number of occasions during the 1960’s. He claims that that the Vatican, the Archdiocese of Portland, and others protected the priest from having to be held accountable for his crimes by transferring him to different locations.

Per the clergy sex abuse complaint, Ronan starting molesting boys in the mid-1950’s when he was a priest in Ireland. He was then sent to Chicago and later transferred to St. Albert’s Church in Portland, Oregon, where he allegedly sexually abused the plaintiff. Prior to Ronan’s passing in 1992, the priest admitted that he molested three boys while in Illinois.

The Vatican’s US attorney has attempted to have the federal courts toss out the complaint on the grounds of sovereign immunity. Under the Foreign Sovereign Immunity Act, sovereign states are immune from lawsuits. However, the lower federal courts have ruled that there may be an exception in this case. One judge ruled that the connection between Ronan and the Holy See was strong enough that under state law he could be considered an employee of the Vatican. The 9th U.S. Circuit Court of Appeals upheld the ruling. Meantime, the Vatican continues to maintain that it should not be held responsible for priests’ individual actions.

Massachusetts Sexual Abuse
Victims of sexual abuse are often left with permanent emotional and psychological scars for life. Sexual abuse is a crime. Over the years, the clergy sex abuse has injured many across the globe. In many cases, the Church looked away, and did not protect the victims—most of them children. Instead, the priests that were the abusers were the ones who were protected, which allowed many of them to continue molesting more people.

Court lets Vatican-sex abuse lawsuit move forward, Washington Post, June 28, 2010

Vatican Bid to Dismiss Suit On Abuse Won't Get Review, The Wall Street Journal, June 29, 2010

Related Web Resources:
Abuse in the Catholic Church, Boston Globe

John V. Doe v. Holy See, C9uscourts.gov (PDF)

Vatican: The Holy See

Continue reading "US Supreme Court Allows Sexual Abuse Lawsuit Against the Vatican to Proceed" »

According to emergency room doctors, the fear of ER medical malpractice is what prompts some of them to overtest and overtreat patients. As a result, CT scans, blood tests, and prescription drugs may be ordered even though a patient actually doesn’t need them. Unfortunately, health complications can arise as a result of medical overtreatment.

Because of the fast-paced nature of Massachusetts emergency rooms, doctors don’t have the luxury of sitting down and extensively interviewing each patient. By ordering additional tests or providing more care than what a patient’s initial symptoms may indicate, many ER physicians are covering their bases. They also may feel pressure from patients who come into the ER demanding that they get an X-ray or a CT scan with results that can actually be verified instead of just a visual exam by a doctor.

However, what many patients don’t realize is that overtesting and overtreatment not only results in more expensive medical bills, but they also can increase health risks. For example, taking unnecessary prescription drugs can up the chances of complications. A CT scan not only only stresses out the body, but it also can infuse it with three years worth of radiation. The ER physician that ordered the unnecessary test or provided excessive medical care may later end up the defendant of a Boston medical malpractice lawsuit.

Emergency Room Facts (from AP):
• More than 116 million ER visits take place in the US every year.
• Chest pain and abdominal pain are two of the most common reasons why adults go to ERs.
• In nearly 50% of ER visits in 2006, ER doctors ordered CT scans, X-rays, and other imaging tests.
• 75% of ER patients were given medication, including antibiotics.
• 1/3rd of ER patients were given blood tests.
• From 2006 – 2008 more than 600 medical malpractice lawsuits were filed against ER doctors—that’s approximately 3% of their patients.

The Associated Press, which recently conducted an extensive review of medical overtreatment, reports that excessive medical care is an issue of concern not just in the ER arena, but also in other medical fields. Back pain, which is considered the leading overtreated condition, often results in repeated MRI scans and unnecessary spinal surgeries. Tens of millions of antibiotics are prescribed for colds and other viruses that medication can't cure. Thousands of patients that have had stents inserted in them for blocked heart arteries could have been treated with medication instead.
ER doctors: Lawsuit fears lead to overtesting, AP/Google, June 21, 2010

Medical Overtreatment May Be Making Us Sicker, CBS News, June 7, 2010

Related Web Resources:
Malpractice and the emergency room, Wrong Diagnosis

Hospitals and Medical Centers, Search Boston

Continue reading "ER Doctors Say They May Overtest and Overtreat Patients Because of Fear of Medical Malpractice Lawsuits " »

The Massachusetts Senate and House have come up with a compromise proposal to combat distracted driving. Included in this agreement is a statewide ban on texting while driving, as well as a ban on cell phone use for drivers under the age of 18. Adults, however, will still be allowed to use handheld cellular phones while driving.

Prior to reaching this agreement, the House and Senate had separately passed two bills. The compromise bill will also include a new requirement that older drivers renew their licenses in person and start taking an eye test every five years beginning at age 75.

Already, 28 other states have passed texting while driving bans, and Massachusetts has been behind other states when it comes to law enforcement and educational efforts in the fight against distracted driving. Unlike 43 other states, Massachusetts still does not record data to determine what role distracted driving may have played in causing traffic crashes.

The new bill will go to state legislators for a final vote. If approved it will go to the desk of Massachusetts Gov. Deval L. Patrick, who is expected to sign it. The new law would then take effect in 90 days.

Our Boston injury lawyers are aware of the dangers that distracted driving can pose. Texting, talking on the cell phone, reading, watching movies on a laptop, scrolling through an iPod, and surfing the Internet on a Blackberry, iPhone, or other device while operating a motor vehicle are all activities that fall under the category of distracted driving.

People can actually get thrown in jail for causing a Boston car crash that resulted in injuries or deaths because they were distracted. Massachusetts motor vehicle crash victims may also have grounds for a Boston personal injury lawsuit against the motorist.

Mass. moves closer to ban on texting while driving, Bloomberg Business Week, June 22, 2010

Mass. lawmakers agree to ban texting while driving, Boston, June 22, 2010

Related Web Resources:
Cell Phone and Texting Laws, GHSA

Distracted Driving, Distraction.gov

Continue reading "Preventing Massachusetts Car Accidents: Statewide Texting While Driving Ban Likely to be Implemented" »

Nearly two years after David Woodman’s death, his family have reached a $3 million Massachusetts wrongful death settlement with Boston police. Woodman, a 22-year-old Celtics fan, stopped breathing after police apprehended him for drinking in public during the 2008 NBA championship festivities on June 18, 2008.

Reportedly, after police wrestled Woodman from the wrought-iron fence he was clinging to, he lay on the ground and for the five minutes or so that no one, including the nine cops at the scene, was in charge of him, this was when he may have stopped breathing.

The medical examiner says that Woodman’s heart stopped because he suffered an arrhythmia and that this occurred not because of Boston police brutality but due to his preexisting heat condition. At the hospital, Woodman suffered another arrhythmia before dying.

An independent report released last November cleared the Boston police in Woodman’s death—despite several “missteps” made by the police officers. However, the report recommended that the police department enhance its training for dealing with large crowds, streamline the investigative process to relieve some of the burden placed on family members, revise its policy regarding releasing statements to the press, as well as six other changes. The report also noted that there was a lack of supervision on the scene when Woodman was apprehended.

Despite the report’s findings, Woodman’s parents remain convinced that someone should be held legally accountable for his death. After the report came out, they called it a cover up.

Boston Wrongful Death
Even if the parties that contributed to your loved one's passing never intended to inflict harm, you may still be able to hold them financially liable for Boston wrongful death if he/she was reckless, careless, or negligent in any way. Even if no criminal charges are filed, you may still be able to hold them responsible in civil court.

Parents of late Celtics fan David Woodman, from Southwick, settle with Boston for $3 million, MassLive.com, June 17, 2010

Report clears police in Celtics fan's death, but parents see a coverup, Boston.com, November 10, 2009

Related Web Resources:
Boston Police Department, City of Boston

Wrongful Death, Nolo

Elder abuse is not just a problem in US nursing homes, it is a crime that is happening in private homes and in other assisted living facilities around the globe. Today, June 15, 2010, is the Annual World Elder Abuse Awareness Day. Throughout the world, people are using the day to increase awareness about elder abuse and neglect.

Unfortunately, elder abuse incidents are often not reported. In the US alone, over 2 million people are suffering from psychological abuse, physical abuse, neglect, and financial abuse. Yet, according to experts, only one out of every six elder abuse cases are reported.

Our Boston nursing home abuse and neglect lawyers know how important it is to remain aware that elder abuse is an important issue of concern not just today but everyday.

Some signs that your loved one may be a victim of elder abuse or neglect:

• Unexplained bruises on the body
• Unexplained scratch marks, cigarette marks, and pinch marks
• Black eyes, broken bones, fractures
• Injuries to the genital area
• Unexplained STDs
• Poor hygiene
• Feces or urine on the elderly person’s body
• Bedsores
• Confusion, disorientation, or withdrawal
• Depression, angry outbursts, sudden apathy, agitation
• The caregiver or private nurse begins restricting access to the elderly patient
• You aren’t allowed to spend time alone with your loved one
• More money is suddenly being withdrawn from your loved one’s bank account
• Sudden changes to your loved one’s will or trust

Massachusetts elder abuse and neglect can lead to serious injuries, health complications, and even death.

Department of Justice Observes June 15 as World Elder Abuse Awareness Day, PR Newswire/US Department of Justice, June 15, 2010

Related Web Resources:
Massachusetts (MA) Nursing Homes / Skilled Care Facilities by County, Carepathways

Nursing Homes, Health and Human Services, Mass.gov

Continue reading "World Elder Abuse Awareness Day a Reminder that So Many Boston Assisted Living Facility Patients Are Vulnerable to Massachusetts Nursing Home Abuse and Neglect" »

The Consumer Product Safety Commission and Ikea are recalling 3.4 million shades and window blinds. The recall, which involves Roman shades, roll-up blinds, and roller blinds that were sold at IKEA stores in the US between January 1998 and June 2009, comes following news that an 18-month Lowell, Massachusetts boy nearly died from strangulation.

The blinds are a strangulation hazard for young kids because their necks can get tangled in the cords or chains. The roller blinds have a beaded chain that isn’t always attached to the floor or wall with a tension device. Meantime, the roll-up blinds have adjustment loops that can prove dangerous in the event that they end up sliding off the blind. As for the Roman shades, the inner cord and the back of the shade is a place where a young child’s neck can get easily caught. Some of the shades may have pull chains that are not attached to the floor or wall.

According to the CPSC, about 500 children have been strangled on the cords of shades and blinds in the last two decades. It was just last year that retailers voluntarily recalled all Roman shades and roll-up blinds—that’s about 50 million products.

Consumers should stop using the blinds right away and send them back to IKEA for a full refund. The danger that window blinds and roman shades continue to pose to young children is no joke—as evidenced by the too many fatalities that have resulted. You may be able to sue negligent manufacturer for Boston products liability if a product defect caused personal injury or wrongful death.

In the meantime, if you have window blinds or shades in your home, here are a number of safety guidelines to follow (Selectblinds.com):

• Keep large furniture that kids can climb on top off away from windows, blinds, and shades.
• Make sure any cords are kept out of children’s grasp.
• Cut cords so that they are short, wrap them around a cord cleat, tie knots in them, tie the cords together, or keep them anchored or attached to a the ground or the wall.
• Lock cords on shades and blinds so that they don’t fall low enough that they are easy for kids to reach.
• Think about buying shades and blinds that don’t have cords.

Ikea recalls over 3 million window blinds, shades, AP/Google, June 10, 2010

IKEA Recalls Roller Blinds, all Roman Blinds and all Roll-Up Blinds Due to Risk of Strangulation, CPSC, June 10, 2010

Child Safety and Blinds, Selectblinds.com

Related Web Resources:

Ikea

Cords on window blinds can be strangling threat to kids, USA Today, November 30, 2009

According to a study recently published in the Journal of the American Medical Association, in the year after sustaining a traumatic brain injury, about half of TBI survivors experienced an eight times greater risk of suffering from serious depression accompanied by greater mobility problems, more pain, and a harder time accomplishing their usual tasks.

559 people took part in the study. All of them displayed brain trauma signs and complications, such as disorientation and loss of consciousness. Researchers interviewed the participants over the phone several times over the course of the first year after each TBI was sustained to assess their ability to function and mood.

During the study follow-up, 53.1% of participants experienced major depression and were also more inclined to suffer from anxiety disorders. Yet only 44% of TBI patients who suffering from depression received care for this condition. Charles H. Bombardier, the lead author of study and a University of Washington School of Medicine professor, says that depression often began during the first three months and went on for at least a year or longer.

Boston Traumatic Brain Injury Cases
Our Boston, Massachusetts traumatic brain injury lawyers are familiar with the havoc that having a TBI can wreak on the patient and his/her loved ones. Living with a TBI and its resulting consequences can be traumatic, debilitating, financially draining. Personal relationships are often affected.

Car accidents, fall accidents, blunt injuries to the head, penetrating head injuries, and medical mistakes, such as birthing errors, are some of the more common causes of TBIs. Unfortunately, depression is just one of the many effects that can result from living with a TBI.

Major Depression Often Follows Brain Injury, Businessweek, May 18, 2010

Traumatic brain injuries linked to depression, Los Angeles Times, May 24, 2010

Related Web Resources:
Journal of the American Medical Association

Brain Injury Basics, Nolo

Continue reading "Boston Traumatic Brain Injury Survivors Are More Likely to Suffer from Clinical Depression" »

The family of Michael Addesa has filed a Lynn wrongful death lawsuit against the city. The 34-year-old was shot to death by Lynn Police Officer Paul Holey on the evening of May 27, 2008.

According to the Lynn Police Department, Holey saw the East Boston man behaving strangely at the intersection of Commercial and Alley streets. The police officer exited the vehicle and told him to stop. Addesa ignored the order and the police officer began chasing him on foot. At some point, Addesa stopped when he was some distance ahead of Holey and turned around to face him with a knife in hand. Holey ordered Addesa to drop the knife but, according to the authorities, the suspect ignored the order and kept advancing toward the police officer. It was at this point that Holey shot him in the chest.

The family’s Massachusetts wrongful death lawsuit is accusing Holey of failing to employ alternative approaches when dealing with Addesa that didn’t have to result in his shooting death. Other measures could have included Inflicting a gunshot wound that didn’t have to be fatal, calling for police backup, or abandoning the pursuit at that time and waiting to make an arrest later.

Following the shooting, Holey, who has been with the police department for 14 years, was placed on administrative leave while an investigation was conducted. The District Attorney’s Office found that the police shooting was justified.

Massachusetts Police Brutality
If you believe that police used excessive force when apprehending you or someone you love and that their actions caused injury or death, you may have grounds for filing a Masachusetts police brutality complaint. Even if prosecutors decide not to charge the officer involved in your case, you may still be able to obtain Massachusetts personal injury recovery in civil court.

Family files suit vs. Lynn, Itemlive.com, June 4, 2010

Police: Knife-Wielding Man Killed By Officer, WCVB TV Boston, May 27, 2010

Related Web Resources:

Lynn Police Department

Top 5 Police Brutality Videos, The Huffington Post