Boston Injury Lawyer Blog

Fisher-Price Inc. and the US Consumer Product Safety Commission are recalling over 10 million children’s toys because they pose a serious injury risk to kids.

Included in the recall:

• About 7 million Fisher-Price Trike and Tough Trike toddler tricycles: Fisher-Pricea nd CPSC know of at least 10 injury incidents, including six female toddlers who needed medical care after falling on the pretend plastic ignition key, which is located in front of the tricycle seat. A child that sits or falls on or hits the pretend ignition key risks serious injuries, including genital bleeding. 14 models are included in this recall. Another 150,000 tricycles are being recalled in Canada.

• Approximately 2.8 million Fisher-Price toys with inflatable balls:

--Baby Playzone™ Crawl & Slide Arcade™
--Baby Playzone™ Crawl & Cruise Playground™
--Baby Gymtastics™ Play Wall
--Ocean Wonders™ Kick & Crawl Aquarium™
--1-2-3 Tetherball™
--Bat & Score Goal™

Another 125,000 of these toys are being recalled in Canada.

The valve of the inflatable ball that comes with these toys for infants can come off and become a choking hazard. There are 46 reports of the valve coming off in the US. During 14 incidents, the valve was discovered in a child’s mouth. Three of the kids started to choke.

• About 100,000 Fisher-Price Little People Wheelies Stand 'n Play Rampway: If a wheel from one of the cars comes off, it could pose a choking hazard to young children.

• Approximately 950,000 Healthy Care, Easy Clean and Close to Me High Chairs: The pegs on the rear legs of the chairs can cause laceration injuries. The high chairs are also made by Fisher-Price.

There have been 14 reports of such incidents. Seven of the children involved needed stitches. Another 125,000 of the high chairs were recalled in Canada.

Boston Products Liability
Product designers, manufacturers, sellers, and others involved can be held liable for Boston products liability or wrongful death if their product was poorly designed, has a manufacturing defect, came with inadequate operating or assembly instructions, or did not warn about possible dangers and risks associated with using the product. In Massachusetts, a product manufacturer who didn’t do anything negligent can still be held liable if the plaintiff can prove that a product was defective or dangerous enough to cause serious Boston personal injury or death.

The Fisher-Price Recall: More than 10 Million Products, CPSC, September 30, 2010

Fisher-Price recall is complex. Here's how to sort it out, Christian Science Monitor, September 30, 2010

Related Web Resources:
SafeKids USA

Products Liability, Cornell University Law School

Continue reading " Fisher-Price Recalls Over 10 Million Toys " »

A recent recall of DePuy Orthopedics, Inc.’s Sr XL Acetabular Hip Replacement and ASR Hip Resurfacing Systems products could impact the approximately 93,000 people that have been implanted with one of these medical devices. The recall was announced after the National Joint Registry reported that 1 out 8 patients that had undergone a hip replacement procedure with one of these DePuy products had to go through another procedure within five years.

FDA Adverse Event Reports notes that in just the last two years, the regulatory agency has received over 400 reports involving the DePuy ASR products. The issues appear to be caused by design defects that can result in hip failure or other complications, including bone fractures, dislocation of the implant parts, or the loosening of the hip implant. The metal particles from the implant can also shed into the body, causing other health issues, including bone and tissue damage.

Signs that you may be experiencing problems with your DePuy ASR hip replacement include:

• Hip swelling
• Hip pain
• Difficulties walking

Learning to use any kind of hip replacement product is challenging enough without compounding any difficulties with further problems that could result in a second surgery or other health issues. Many patients that use a DePuy hip replacement device are older and may be suffering from other health issues, which makes them more vulnerable to complications anytime they have to undergo surgery. Already, there are plaintiffs seeking products liability compensation for their DePuy hip replacement injuries. DePuy Orthopedics is owned by Johnson & Johnson.

You may have a Boston products liability case on your hands

DePuy Orthopaedics Voluntarily Recalls ASR(TM) Hip System, Johnson & Johnson, August 26, 2010

Related Web Resources:
ASR Hip System Recall Guide, DePuy

Hip Replacment

Continue reading "Defective Medical Device?: DePuy Hip Replacement Recall Leads to Products Liability Lawsuits" »

According to The Tech, Massachusetts Institute of Technology’s oldest newspaper, the parents of Robert M. Wells have filed a Boston wrongful death lawsuit against MIT and the Delta Upsilon fraternity. Wells, a 22-year-old MIT student, died in 2008 after falling five stories from the DU fraternity and sustaining skull fractures, blunt impact to his head, brain contusions, lacerations, subarachnoid hemorrhage, and other injuries.

Michael and Laura Wells are alleging 26 counts of Suffolk County, Massachusetts wrongful death. They claim that the defendants did not remedy or warn about the condition of Wells’ living quarters, which had a heating system that was hard to control and had just one “unreliable thermostat.” As a result, the DU brothers would open the windows during the winter to regulate the temperature in their bedrooms.

However, per the lawsuit, all of the windows on the upper floor of the fraternity lacked bars, screens, locks, or other safety devices. Wells, a DU brother, fell after opening the window next to his bed.

The plaintiffs are also seeking damages for conscious pain and suffering.

DU and MIT have filed responses with the Court denying the allegations. They are also citing a Massachusetts law that limits liability of charitable organizations to $20,000. DU also contends that Massachusetts law bars habitability claims from wrongful death cases. The fraternity is arguing that Wells was over 50% at fault in causing his fatal injuries.

Wells is not the only Boston college student to die from a fall accident from a residence or another building. Also in 2008, Boston University student Michael Robertson died after falling out of a fourth floor window of his South Campus residence hall. In November 2007, Art Institute of Boston student Shawn Dow died after falling off the roof of a building’s black-top roof while attending a party. Also that year, MIT student James T. Albrecht died after falling five stories from the roof of a New York apartment building.

Premises Liability
Property owners can be held liable for Boston premises liability if their negligence contributed to a fall accident occurring. Fall accidents can result in broken bones, traumatic brain injuries, massive head trauma, internal injuries, and death.

Parents of dead student sue MIT, Delta Upsilon, The Tech, September 28, 2010

Fall off roof killed student, police say, Boston.com, November 18, 2007

Remembering Michael Robertson, BU Today, January 23, 2007

Obituary: James T. Albrecht ’08, The Tech, September 7, 2007

Related Web Resources:
Massachusetts Institute of Technology

Delta Upsilon Technology Chapter

A man who claims he was sexually molested by the headmaster of St. John’s School for the Deaf when he was a student there is suing the Vatican and Pope Benedict for clergy sexual abuse. Terry Kohut, who is deaf, says he was molested and assaulted by Father Lawrence C. Murphy, who was head of the boarding school from 1950 to 1974. Per CNN, Kohut, now 60, is the first plaintiff to sue Pope Benedict for clergy sex abuse.

Pope Benedict, previously known as Cardinal Joseph Ratzinger, used to head the Vatican’s Congregation for the Doctrine of the Faith. The CDF was tasked with investigating clergy sex abuse allegations involving minors. Per church records, Murphy molested and raped up to 200 deaf boys.

In Kohut's sexual assault complaint, Kobut says that the Vatican’s “policy of secrecy” and attempts to cover up the child sex abuse incidents contributed to causing him and others to become Murphy’s victims. Murphy allegedly would walk through the school’s dorm and rape and sexually assault boys in their bed. According to church documents, he also molested and assaulted victims in the church’s confessional.

It wasn’t until 1974, following years of allegations and reports of sexual abuse, that Murphy was removed from his post. He allegedly continued to molest others.

Ratiznger finally authorized a secret church trial in the 1990’s. The proceedings, however, were halted and Murphy remained a priest until his death in 1998. The Vatican says that when it dealt with his case, it took into consideration the fact that it had been more than 20 years since the sex abuse allegations had been reported and that Murphy was already in poor health.

In a CNN interview, Kohut and two other men who claim that Murphy sexually assaulted them when they were younger too say that some of the boys had attempted to tell police and the District Attorney in Milwaukee about the sex abuse but that no one believed them.

Sexual Abuse Lawsuits
There are many adults today that were the victims of clergy sexual abuse when they were children. Sex abuse of any kind is a crime that is punishable by law. It also can be grounds for a Boston personal injury lawsuit against the perpetrator or those that allowed the abuser to molest his/her victims.

Sexual abuse can result in physical injuries. The emotional wounds resulting from sex abuse often take a lifetime to heal while continuing to impact a victim’s well-being, relationships, and career.

Deaf victim of sex abuse is suing pope, and going public with his story for the first time, blogs, September 23, 2010

Pope Named in Lawsuit by Clergy Sex Abuse Victim, PoliticsDaily, September 23, 2010

Related Web Resources:
The Holy See: Benedictus XVI

The Vatican

Abuse in the Catholic Church, Boston.com

In 10 days, it will be against the law to text message while driving in Massachusetts. Teen drivers under age 18 won't be allowed to use mobile electronic devices at all. Emailing and using the Internet while driving will become illegal for everyone.

Meantime, the US Department of Transportation is continuing its nationwide campaign to stop distracted driving. Today, US Transportation Secretary Ray LaHood opened the Second National Distracted Driving Summit today in Washington DC. At the conference, legislators, transportation officials, researchers, automakers, law enforcement, and survivors of distracted driving crashes are addressing not just texting while driving but also other tasks that motorists have been known to do while driving, such as putting on makeup, eating, and toying with other electronic devices. Also this week, the US Department of Transportation released its 2009 data on distracted driving accidents.

2009 US Distracted Driving Facts:

• 959,000 US motor vehicle crashes last year reportedly involved distracted drivers.
• LaHood notes the actual number of distracted driving crashes could be a lot higher. Many incidents go unreported and police in many states don’t document when driver inattention is a factor in causing a collision.
• 4,898 of these auto crashes resulted in at least one fatality.
• There were 5,474 distracted driving-related deaths.
• Distracted driving was a factor in 16% of the total US traffic crash deaths in 2009.
• Some 500,000 auto crash injuries occurred during distracted-driving related accidents.

While the number of distracted driving-related traffic deaths did go down by 6% between 2008 and 2009, LaHood says that the latest figures still show that driving while multitasking continues to remain an epidemic. Just this year, the National Safety Council, in its January study, found that at least 200,000 US traffic crashes annually are caused by drivers while they text. Another 1.4 million collisions involve motorists using cell phones.

Massachusetts will be the 30th US state to pass a statewide ban on texting.

Boston motor vehicle crashes involving distracted driving have already claimed one too many lives.

As ban nears, state spreads word against driver texting, Boston.com, September 21, 2010

U.S. Transportation Secretary Ray LaHood Kicks Off Second National Distracted Driving Summit, NHTSA, September 21, 2010

Distracted-Driving Deaths Fall 6%, Remain at `Epidemic' Level, U.S. Says, Bloomberg, September 20, 2010

Related Web Resources:
Distracted Driving Summit, Distraction.gov

Cell Phone Laws, Insurance Institute for Highway Safety

National Safety Council

Continue reading "To Decrease the Number of Massachusetts Motor Vehicle Crash Deaths and Injuries the State is Banning Texting While Driving " »

Over the weekend, a pilot crashed the helicopter he was operating into a swamp near the MBTA’s commuter rail station in Halifax. As a result of the accident, the pilot suffered from broken bones and serious burns.

According to the authorities, the helicopter was “experimental” and may have been built from a kit.

The aviation accident occurred shortly before 1:30 p.m. on Sunday afternoon. The injured pilot has been identified as a 50-year-old resident of Scituate.

Continue reading "Helicopter Crash in Halifax Leaves Pilot Seriously Injured" »

According to a Burlington fire official, six people were injured yesterday afternoon when a deck collapsed at a local home. They had gathered at the residence following a funeral when the deck that they were standing on detached from the residence, falling eight feet.

Four of the injured were taken to hospitals for treatment of cuts, scrapes, and possible broken bones following the Massachusetts fall accident. Two people received treatment at the scene.

A local building inspector is investigating the Burlington, Massachusetts deck collapse. It appears as if the wooden deck rotted away at the section where it connects to the home. Fortunately, no one was standing underneath the deck.

Deck Collapses
Unfortunately, deck collapses are not uncommon. According to the North American Deck and Railing Association, since 2003 thousands of people have been injured and a number of others killed in deck collapse accidents. It is the responsibility of the parties that construct decks to make sure that they are made safely and without defects that could make them a danger to those standing on or under a deck. It is a property owner’s responsibility to make sure that a deck doesn’t pose a Massachusetts premises liability to others. Decks must also be properly maintained to ensure that they stay safe.

Common causes of deck collapses:
• Rotted wood
• Corroded hardware
• Missing or weak connections
• Excessive weight
• Poor manufacturing
• Failure to meet certain standards of safety

Deck collapses can result in serious injuries for those involved. A person standing on a deck that collapses risks sustaining scrapes, bruises, broken bones, internal injuries, traumatic brain injuries, back injuries, and other injuries. A person standing underneath a collapsing deck may sustain head injuries, crush injuries, or spinal cord injuries. Death is also a possibility in both scenarios.

Several Injured In Deck Collapse, WCVB Boston, September 16, 2010

6 hurt in Burlington deck collapse, Boston Herald, September 16, 2010

Related Web Resources:
North American Deck and Railing Association

Proving Fault in Accidents on Dangerous or Defective Property, Nolo

Continue reading " Massachusetts Fall Accident: Burlington Deck Collapse Injures Six" »

This past week, a Summerville man was rushed to the hospital after being struck by a street sign at the scene of a fire.

The Summerville resident peered out of his house to observe a fire at a neighbor’s house when he was struck in the head by the street sign. The incident took place on Fisk Avenue in Summerville.

A city spokesman outlined the events which lead to the man’s injury: The first fire truck that arrived at the fire attached a hose to a hydrant around the corner from the house. The second fire truck that arrived at the scene drove over the hose, which then wrapped around the axle of the truck.

Continue reading "Summerville Man Injured by Street Sign at the Scene of a Fire" »

According to the family of Rogerio Rodrigues, the man who was injured in a Boston car accident involving New England Patriots football quarterback Tom Brady, his condition has gotten worse. Their Brockton personal injury lawyer, the 49-year-old Fall River man will undergo more tests.

The Boston motor vehicle crash occurred on Thursday in the Back Bay at the intersection of Commonwealth Avenue and Gloucester Street when Brady's 2009 Audi S8 and a 1997 Mercury Villager collided. The football star was not injured.

Police say that Rodrigues’ son Ludgero allegedly ran a red light at the intersection. However, the 21-year-old maintains that he was the one with the green light.

Rodrigues, who was lying in the back seat when the Boston auto crash happened, fractured his nose and back. His family says that he has already had to undergo several surgeries.

Boston, Massachusetts Personal Injury
Proving who was negligent in causing a Boston car crash can be a complicated endeavor unless you have an experienced Boston injury law firm representing you. There may be conflicting witness accounts and evidence that has yet to be uncovered.

In some cases, the negligent party is a motorist. In other Boston car crash incidents, the entities responsible for creating a poorly designed roadway, failing to repair faulty traffic signals, neglecting to clear debris off the road, or put in place the proper safety measures when a highway construction zone has been set up may be at fault. Still other Boston car crashes happen because one of the vehicles involved malfunctioned. This can pave the way for a Boston auto products liability lawsuit.

Kin say man hurt in crash worsens, Boston.com, September 14, 2010

Family in Tom Brady's Car Accident Angry at Media, NFL Fanhouse, September 10, 2010

Related Web Resources:
Tom Brady, NFL

Car Accidents and Negligence, Nolo

Highlights of 2009 Motor Vehicle Crashes, NHTSA, August 2010 (PDF)

The Insurance Information Institute says that US home insurers spent 6.4% more on dog bite costs last year than they did in 2008. Dog bite injuries cost $412 million in 2009—up from $387.2 million the year before—with the average claim costing over $24,000. The number of dog bite claims also went up by 4.8% to 16,586 injury claims.

With more than 4.7 million people becoming dog bite victims every year in the US—close to 900,000 of them will require medical attention—dog bites make up one-third of homeowners’ insurance liability claims. Property and casualty insurer Liberty Mutual Group says that over 50% of dog attacks takes place on the pet owner’s property.

In Massachusetts, dog bite victims may be able to hold the dog’s owner liable for Boston personal injury. This is a strict liability state, which means the pet owner does not have to be negligent to be held financially responsible. Also, the dog doesn’t even need to have attacked anyone else in the past for the owner to be held liable. You will, however, have to prove that you or your loved one (as the injured party) did not provoke the dog and did not trespass on the grounds where the Massachusetts dog attack took place.

Dog Bite Facts
• Dog bite victims are twice as likely to be male than female.
• Dog bites are a leading cause of child injuries.
• 10-20% of dog bite victims were strangers to their animal attackers.
• Younger dogs and male dogs are more likely to bite than older and female canines.
• Chow Chows and German Shepherds are the pure bred dogs most often involved in dog bite accidents.
• Pit Bulls and Rottweilers are the breeds most involved in fatal dog attacks.
• Mixed breed dogs are more likely to attack than pure bread dogs.
• On average, a dog bite victim will spend about 3.6 days in the hospital.

Dog-Bite Costs for Home Insurers Rise to $412 Million, Bloomberg Businessweek, August 18, 2010

Insurance Information Institute

Related Web Resources:
Preventing Dog Bites, State Farm

Preventing and Avoiding Dog Bites, Ussartf.org

Continue reading "US Home Insurers Spend $412 Million on Dog Bite Costs Annually" »

The fatal explosion which occurred during a Massachusetts condominium construction project in July has led the state attorney general to investigate the delivery of faulty propane to locations across New England and New York.

Martha Coakley, the Attorney General, stated that the propane from a facility in Westfield lacks the necessary odorant which alerts homeowners and workers of a possibly dangerous gas leak.

Officials began to inspect propane supplies following the discovery that it was a propane leak which caused the death of a Norfolk construction worker this summer. Other construction workers stated that they did not smell a leak before the explosion occurred. The propane was traced back to a facility in Westfield.

Continue reading "Fatal MA Work Explosion Leads AG to Investigate the Delivery of Faulty Propane Across New England " »

According to The Herald News, although latest statistics show that there has been an increase in Massachusetts elder abuse and neglect cases in recent years, there aren’t enough resources to properly deal with these incidents.

During the year ending June 30, 2009, caseworkers investigated about 16,000 reports of Massachusetts elder neglect and abuse in private living environments. An Executive Office of Elder Affairs official cites poor economy and a growing senior age group as among the reasons for the increase in abuse and neglect incidents.

Massachusetts Elder Abuse and Neglect
State law defines elder abuse as emotional, physical, or sexual abuse, self-neglect, caretaker neglect, and the financial exploitation of a person belonging to the 60 and over age group. Elder abuse and neglect can take place in Massachusetts nursing homes and in private residences. Perpetrators of elder abuse or neglect have included nursing home workers, professional caretakers working in the patient’s home, family members, and others.

Our Boston, Massachusetts nursing home abuse and neglect law firm wants to remind you that not only is elder abuse and neglect a crime that can cause serious injuries or death to the victim, but as a victim of abuse or neglect your loved one may have grounds for a Massachusetts elder abuse or neglect lawsuit.

Some Signs that Someone You Love May Be a Victim of Boston Elder Abuse or Neglect:
• Unexplained bruises, broken bones, cuts, welts, or sprains
• Depression
• Restraint marks on wrists
• Signs of possible overmedication
• Sudden mood swings
• Unexplained paranoia
• Fear of caretaker or nursing home worker
• Complains of abuse or neglect
• Unexplained STDs
• Poor hygiene
• Malnutrition
• Bedsores
• Caretaker is unable to explain patient’s injuries

Elder abuse and neglect complaints are on the rise in Massachusetts, Herald News, September 6, 2010

Related Web Resources:
Nursing Homes, Massachusetts Health and Human Services

National Center on Elder Abuse

Financial Abuse, National Committee for the Prevention of Elder Abuse

Executive Office of Elder Affairs

Continue reading "Increase in Massachusetts Elder Abuse and Neglect Cases Reported" »

This past week, A Bristol County jury awarded $500,000 in damages to a New Bedford man who suffered injuries in a 2006 motorcycle accident. ( note to readers – the plaintiff was not represented by Altman and Altman LLP)

As a result of the crash, which occurred four years ago, the plaintiff required multiple surgeries and was unable to return to work for more than two years. The man works as a civil engineer with the Massachusetts Highway Department.

The collision occurred on August 8, 2006 in Fairhaven. On that day, the defendant in the case was making a left turn onto Huttleston Avenue from Weedon Road. The defendant claimed that he did not see the plaintiff on his motorcycle because his view was obstructed by another vehicle. The defendant was working in his capacity as a pizza delivery driver when the crash took place.

Continue reading "$500,000 Awarded to New Bedford man for Injuries Sustained in a Fairhaven Motorcycle Accident" »

Yesterday, a 12-year-old boy was struck by a car while riding his bicycle in Lowell. The local authorities have stated that the boy was riding his bike on Willard Street at approximately 2 p.m. when he was hit.

The bicyclist was struck by a red sedan, which allegedly sent the boy flying through the air. Neighbors that witnessed the accident claim that the crash sounded like two vehicles colliding. Witnesses further stated that the boy was not wearing a helmet when the impact occurred.

Following the collision, the boy was positioned on a stretcher and was placed in a neck brace. The victim was airlifted from the scene of the crash to Massachusetts General Hospital in Boston. According to the police, the boy suffered from serious head and neck injuries as a result of the collision.

Police stated that the bicyclist was not wearing a helmet when he was hit by the red sedan on Willard Street.

Continue reading "12-year-old Boy Hit by Car While Riding his Bike in Lowell" »