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February 28, 2011

Craigslist Murder: Victim’s Mother May Sue Copley Marriott Hotel for Boston Wrongful Death

According to the Boston Globe, the mother of Julia Brissman, the alleged victim of the man dubbed the Craigslist Killer, is considering filing a Boston wrongful death lawsuit against the Copley Marriott Hotel and a New Hampshire gun shop. Brissman was shot numerous times at the Back Bay hotel in 2009.

Philip Markoff, a Boston University medical student, was arrested on suspicion of being the Craigslist Killer. He was charged with Brissman’s murder. He later committed suicide while in jail and before his case could be tried.

Markoff was dubbed the Craigslist Killer because he allegedly met his victims through ads the women had placed on the popular Web site. The criminal case against Markoff was dropped after his death.

Now, Brissman’s mother, Carmen Guzman says she is frustrated with the Suffolk District Attorney’s Office for not releasing the case against Markoff. Guzman believes that the file could help her make a case for Boston wrongful death against both the Marriot hotel and the State Line Gun Shop where Markoff bought the gun that killed her daughter.

Guzman wants to see if the case files contain evidence that would show whether inadequate security—grounds for Boston premises liability—played a role in her daughter’s murder. She also believes the information could help her and her attorney determine whether the gun shop was negligent in selling the gun to Markoff.

Boston Premises Liability
Hotel and motel owners must make sure that they have adequate security on the premise so that robberies, sexual assault crimes, physical assault crimes, and murders do not happen to visitors or guests. Proper lighting, security cameras, security personnel, safes in the rooms, and locks on doors and windows are some of the ways that property owners can deter robbers, rapists, and murderers.

Mother awaits file on slaying, Boston.com, February 28, 2011

Craigslist Killer's Suicide Shock, The Daily Beast, August 16, 2010


Related Web Resources:
Craigslist

Copley Marriott Hotel


More Blog Posts:

$6.8 Million Boston Wrongful Death Judgment Awarded Over NU Student’s Fatal Fall Down Bar Stairs, Boston Injury Lawyer Blog, February 27, 2011

Revere Man is Fatally Shot in His Apartment Building, Boston Injury Lawyer Blog, January 31, 2011

Gloucester Teen Files Lynn Personal Injury Lawsuit Against MBTA Over Elevator Rape, Boston Injury Lawyer Blog, August 17, 2010


Continue reading "Craigslist Murder: Victim’s Mother May Sue Copley Marriott Hotel for Boston Wrongful Death " »

February 27, 2011

$6.8 Million Boston Wrongful Death Judgment Awarded Over NU Student’s Fatal Fall Down Bar Stairs

A judge has awarded the family of Jacob Freeman $6.8 million in Boston wrongful death damages. Freeman, a Northeastern University Student, died nearly four years ago after falling down a flight of stairs at Our House East, a Boston bar on Gainsborough Street.

In her Boston premises liability ruling, Suffolk Superior Court Judge Elizabeth M. Fahey noted that even though Freeman’s BAC was .208 when he fell down the stairs going to the basement in the early hours of April 1, 2007, the staircase was poorly lit, lacked a landing, possessed inadequate railings, and was hazardous in other ways. She also notes that vinyl stripes likely made it hard for Freeman to see that there was a staircase there.

Fahey says that she ordered Gainsboro Restaurant Inc. to pay damages on the grounds that not only did the bar ignore the safety hazards that the stairs presented—no repairs were made following two previous incidents of people falling there—but also for decades the bar had been violating the city’s permitting process, including never getting the permit required to run a bar.

Boston Stairwell Accidents
Fall accidents in stairwells can cause serious injuries, including spinal cord injuries, traumatic brain injuries, head trauma, back injuries, and neck injuries. It is the responsibility of property owners to make sure that there is proper lighting, sufficient handrails, a proper landing, and no slippery substances or objects on a step that can cause a Boston slip and fall or trip and fall accident. Also, any broken or uneven steps must be repaired.

A property owner can be held liable for a Boston fall accident down the stairs if his/her negligence/carelessness allowed or caused the injury accident to happen.

NU student’s kin awarded $6.7m, Boston.com, February 18, 2011


Related Web Resource:
Proving Fault in Accidents on Dangerous or Defective Property, Nolo


More Boston Injury Lawyer Blogs:
Boston, Massachusetts Wrongful Death Lawsuit Filed Against MIT and Delta Upsilon Fraternity for Student’s Fatal Fall, Boston Injury Lawyer Blogs, September 28, 2010

Man Suffers Head and Neck Injuries From Fall Down Fenway Park Stairs, Boston Injury Lawyer Blogs, August 5, 2010

Massachusetts Fall Accidents in Cambridge and Brookline Claim Two Lives, Boston Injury Lawyer Blogs, May 14, 2010

February 25, 2011

Injured last Month in New Bedford Oil Truck Accident, 84-Year-Old Wheelchair-Bound Man Dies from His Injuries

Last month, we reported on our Boston Car Accident Lawyer Blog that 84-year-old Joao Amaral, who is wheelchair-bound, was injured when he was involved in a New Bedford truck accident. Amaral was rushed to Massachusetts General Hospital in serious condition. Now, the news media are reporting that the elderly pedestrian has died from his injuries.

Amaral was on the crosswalk near the curb on Purchase Street when an oil truck owned by Star Oil Co. hit him. The driver of the truck, 74-year-old John Duarte, has been charged with failing to yield to a pedestrian. It is not known at this time whether more charges will be field against the trucker now that Amaral has died.

Elderly seniors are at higher risk of becoming involved in a Boston pedestrian accident than their younger pedestrian counterparts. Old age, injuries, and disabilities may make them slower to cross the street. Prescription meds can also dull their reaction time, while their reflexes may have slowed with age. Also, as the Federal Highway Administration reports, pedestrians in the 65 and over age group are two to eight times at greater risk of dying than younger pedestrians. One reason for this is because older people can have a harder time recovering from serious injuries.

While there are steps that pedestrians can definitely take to avoid becoming involved in a Massachusetts traffic crash, motorists must exercise the proper care and attention when driving so that they don’t accidentally strike anyone. Usually, it will be the pedestrian who suffers the more serious injuries.

Wheelchair-bound man, struck by oil truck, dies, South Coast Today, February 24, 2011

Wheelchair-bound Man Struck by Oil Truck in New Bedford, Boston Car Accident Lawyer Blog, January 13, 2011


Related Web Resource:
FMCSA


More Blog Posts:
Massachusetts Woman Dies in Tractor-Trailer Accident, Boston Car Accident Lawyer Blog, April 14, 2010

Medford Car Crash Kills Dracut Man, Police Investigating Accident, Boston Car Accident Lawyer Blog, December 20, 2010


Continue reading "Injured last Month in New Bedford Oil Truck Accident, 84-Year-Old Wheelchair-Bound Man Dies from His Injuries" »

February 24, 2011

Toyota Motor Corp. Recalls Another 2.17 Million Vehicles Over Floor Mat/Accelerator Pedal Entrapment Concerns

Upping the number of vehicles recalled since 2009 to over 14 million globally, Toyota Motor Corp. says it is recalling another 2.1 million motor vehicles in the US because of concerns that the accelerator pedal might get stuck in the driver’s side floor mat or carpeting. As you know, our Boston injury law firm has been reporting on this safety issue for some time. Now, following this latest recall, the US Transportation Department’s National Highway Traffic Safety Administration says it is satisfied with the automaker’s handling of the pedal entrapment problem and it is closing its investigation into this matter.

It was earlier this month when US regulators announced that they had determined that electronic issues were not the cause of the sudden, unintended acceleration problems that have led to hundreds of complaints, including auto products liability lawsuits and wrongful death claims. Rather, driver error (“pedal misapplication,” meaning the motorist accidentally stepped on the gas pedal instead of the brakes) and mechanical defects are the primary culprits.

Included in this latest pedal entrapment recall are:
• 600,000 400Runner SUVs (2003 – 2009 models)
• 17,000 Lexus LX 570s (2008 – 2011 models)
• 761,000 RAV4 compact SUVs (2006 – 2010 models)
• 372,000 RX330, RX 350, and RX 400H autos (2004 – 2007 models)
• 397,000 Toyota Highlander SUVs and hybrids (2004 – 2006 models)
• 20,000 GS300 and GS350 all-wheel drive autos (2006-2007 models)

Toyota says no injuries, deaths, or accidents related to this latest recall have been reported. Also, NHTSA says that of the 93 allegations of death in the approximately 3,000 reports of sudden acceleration incidents it has received, 5 of them have been confirmed. However, there are still dozens of auto products liability lawsuits waiting to be resolved.

Toyota recalls 2.17 million vehicles in US, Boston.com/AP, February 24, 2011

Toyota Recalls Another 2 Million Cars. Apology Needed, Bloomberg Business Week, February 24, 2011


Related Web Resources:
Toyota Motor Corp.

NHTSA


More Blog Posts:
U.S. Department of Transportation Releases Findings on Study of Toyota Unintended Acceleration, Boston Car Accident Lawyer Blog, February 9, 2011
Toyota Recalls More than Two Million Autos Over Gas Pedal Defect, Boston Injury Lawyer Blog, January 21, 2010

Family Suing Toyota For Massachusetts Auto Products Liability Claims Sudden Acceleration Caused Medford Woman's Wrongful Death, Boston Injury Lawyer Blog, February 28, 2010


Continue reading "Toyota Motor Corp. Recalls Another 2.17 Million Vehicles Over Floor Mat/Accelerator Pedal Entrapment Concerns " »

February 22, 2011

Boston Nursing Home Negligence Can Lead to Food Choking Accidents

Massachusetts nursing homes house many patients with special dietary and eating needs. While some patients cannot be fed certain foods as a result of food allergies, diabetes, high cholesterol and other health issues, still others have certain disabilities, problems swallowing, no teeth, problems or suffer from dementia and need helping eating, cutting up, liquefying, blending, or straining their food.

Unfortunately, choking accidents do occur because of Boston nursing home neglect. Nursing home workers can fail to make sure dietary restrictions are followed or fail to properly prepare or process the foods so that a resident can eat safely.

Choking incidents can prove catastrophic for nursing home residents. Extremely painful, uncomfortable, and traumatic, choking can deprive the victim of oxygen, which can result in a serious traumatic brain injury and even death. In Massachusetts, our Boston nursing home abuse and neglect law firm is here to help our clients prove that inadequate supervision, poor nursing care, or other acts of negligence contributed to the causing your loved one’s choking accident.

People stay at nursing homes because they need specialized care. Assisted living facilities know this and they also know that choking accidents do happen. There is no reason why proper procedures shouldn’t be in place so that preventable choking accidents are avoided. Also, there are some residents who are obviously more at risk of choking on their food than others and it is unacceptable when a nursing home fails to properly supervise these residents during meals.

Related Web Resources:
Massachusetts Department of Public Health

Boston Nursing Home Rankings


More Boston Injury Lawyer Blog Posts:
Danvers, Massachusetts Nursing Home Abuse: Lynn Woman Convicted of Assault and Battery on an Elderly Person, Boston Injury Lawyer Blog, February 4, 2011

Winter Weather Combined with Boston Nursing Home Neglect Can Cause Some Patients to Get Very Sick, Boston Injury Lawyer Blog, January 22, 2011

Victim of Alleged Sudbury Nursing Home Abuse Sexual Assault Crime Can’t Testify, Says Judge, Boston Injury Lawyer Blog, November 10, 2011

Continue reading "Boston Nursing Home Negligence Can Lead to Food Choking Accidents" »

February 20, 2011

Bicycle Injury Rates Go Down When Cities Have Bikes-Only Lanes, Says Study

According to a new study published in Injury Prevention, there is a 28% lower injury rate for bicyclists when they cycle in bike-only tracks that are physically separate from street traffic than when they ride right next to motor vehicles. Considering that designated bike lanes are not common in the United States—usually a painted stripe in the road is what separates a bicycle lane from the rest of traffic—these findings are important to consider.

The National Highway Traffic Safety Administration reported 51,000 bicyclists injured in collisions with motor vehicles in 2009. That’s a lot of people hurt. As our Boston bicycle accident lawyers have mentioned in the past, it doesn’t help that bicyclists only have helmets and protective clothing to keep them safe during a collision with a large truck or another vehicle.

The study’s team, headed by Harvard School of Public Health research associate Anne Lusk, reports that in the Netherlands, where there are about 18,000 miles of bicycle-only tracks, the bicycle injury rate is 26 times lower than in the US—where there are only about 20 miles of bikes-only lane. The researchers note that the lack of safe cycling tracks could be contributing to the car-favored culture in the US. Surveys show that many Americans—especially seniors, woman, and parents riding with kids—are scared to ride their bikes on roads where there is plenty of traffic.

Under state law, bicyclists injured in Massachusetts traffic crashes get up to $8,000 in personal injury protection regardless of who was at fault. That said, this may not be enough to cover surgery expenses, hospital bills, rehabilitation services, lost wages from time off work, and other costs and damages.

With the serious and costly injuries that can result, it is important that Boston bicycle accident victims and their families explore their legal options right away. This is a city that could still use more bike lanes. That said, according to the Boston Globe, 20 miles of bike lanes were added last year—that’s 35 miles of bike lanes added in three year. Also, another 1600 bike owned parking spaces on hitch racks have been installed in neighborhoods throughout the city.

Separate Bikes-Only Lanes in Cities Cut Injury Rate: Study, Business Week, February 17, 2011

Cyclists found a friendlier Boston in 2010, Boston.com, January 27, 2011


Related Web Resources:
Injury Prevention

Bike Safety, City of Boston


More Boston Injury Blog Posts:

74-year-old Bicyclist Killed in Boston, Boston Car Accident Lawyer, January 26, 2011

12-year-old Boy Hit by Car While Riding his Bike in Lowell, Boston Injury Lawyer Blog, September 2, 2010

Martha’s Vineyard Truck Accident Kills Bicyclist, Boston Car Accident Lawyer, July 9, 2010


Continue reading "Bicycle Injury Rates Go Down When Cities Have Bikes-Only Lanes, Says Study" »

February 18, 2011

Electrical Issue May Have Cause Fatal Westfield, Massachusetts Fire that Killed Elderly Couple

The Boston Herald is reporting that according to fire safety officials, an electrical problem appears to have caused the fire that claimed the lives of 82-year-old Douglas Anderson and his 84-year-old Gladys. The two were found inside their burning home in Westfield, Massachusetts yesterday afternoon.

Police say that smoke inhalation appears to have been the cause of death. There were no working smoke alarms in the house’s first or second floors. The fire appears to have started in a bedroom on the first floor where the damage seems to have been contained. However, the house’s interior sustained heavy smoke damage. Depending on what the electrical issue was, the Andersons’ adult children may have grounds for filing a Massachusetts wrongful death claim.

Common causes of house fires:
• Cooking accidents
• Smoking accidents
• Heating accidents
• Electrical accidents
• Faulty electrical wiring
• Machinery or appliance defects

Fires can lead to burn injuries, disfigurement, smoke inhalation, scarring, and death.

Smoke Inhalation
According to emedicinehealth.com, smoke inhalation is the number one cause of death. 50-80% of fire fatalities are caused by smoke inhalation. Signs of smoke inhalation may include coughing, shortness of breath, breathing issues, irritated eyes, change in skin color, soot in the throat or nose, headaches, confusion, seizures, fainting, or coma.

If you believe that a fire that resulted in injury or death was caused by another party’s negligence, you may have grounds for a Massachusetts personal injury case.

Westfield residents Gladys and Douglas Anderson killed in fire at their Overlook Drive home, MassLive, February 17, 2011

Elderly couple die in Westfield fire, Boston Herald, February 18, 2011


Related Web Resources:
Home Fire Safety Tips

Smoke Inhalation, emedicinehealth


More Boston Injury Lawyer Blog Posts:
Quincy Apartment Where Fire Killed Father and Two Children Was in Illegal Basement and Didn’t Have Sprinklers or Working Smoke Alarm, Boston Injury Lawyer Blog, September 3, 2009

58 Fire Fatalities in Massachusetts in 2007, Boston Injury Lawyer Blog, January 4, 2008

Continue reading "Electrical Issue May Have Cause Fatal Westfield, Massachusetts Fire that Killed Elderly Couple " »

February 17, 2011

Ex-Children’s Hospital Boston Pediatrician Sued for Boston Medical Malpractice and the Sex Abuse of Child Patients

Former Children's Hospital Boston pediatrician Dr. Melvine Levine is the defendant of a class action complaint accusing him of Boston medical malpractice and Massachusetts child sex abuse. The lawsuit blames the hospital for failing to properly supervise him during 40 cases over two decades and of knowing (or that it should have known) that Levine was not fit to treat minor boy patients or care for them without supervision. The hospital has denied the allegations and notes that the pediatrician has not practiced there for a quarter of a century. This is not the first lawsuit accusing Levine of medical negligence and child sex abuse. In 2009, he agreed to give up practicing medicine permanently.

This latest Boston sex abuse complaint, however, seeks to represent all the kids that Levine examined between 1966 through 1985, which includes about 5,000 boys. He allegedly performed unnecessary genital exams on patients.

Boston Sex Abuse as Massachusetts Medical Malpractice
Sexual abuse is a crime that causes serious physical, emotional, and psychological injury to adults and children. If you or someone you love has been the victim of sexual abuse, you may have grounds for a Boston injury lawsuit against your assailant and/or the party that allowed the abuse to happen. If your abuser is a medical professional, you also may have reason to sue for Boston medical malpractice.

A physician or another medical professional that uses his/her relationship to molest, sexually assault, or rape a patient is providing that patient with damaging and negligent medical care.

Former Children’s Hospital Boston Pediatrician Is Sued For Sexual Abuse And Medical Malpractice, Boston Injury Lawyer Blog, March 31, 2008

Suit: Doc molested 30 patients at Children’s Hospital, Boston Herald, February 17, 2011

Sex abuse allegations widen against former Children's Hospital doctor, Boston.com, February 17, 2011


Related Web Resources:
Children's Hospital Boston

Child Sex Abuse, American Academy of Child and Adolescent Psychiatry


More Boston Injury Lawyer Blog Posts:
Rebecca Riley’s Estate Reaches $2.5M Boston Medical Malpractice Settlement with Tuffs Medical Center Psychiatrist, Boston Injury Lawyer Blog, January 25, 2011

Boston Sexual Assault: Former High School Basketball Coach Faces Criminal Charges for 1976 Rape, Boston Injury Lawyer Blog, April 18, 2010

Massachusetts Clergy Sexual Abuse: Defrocked Priest Paul Shanley Challenges Conviction for Indecent Assault & Battery and Child Rape, Boston Injury Lawyer Blog, September 10, 2009

February 16, 2011

Boston Wrongful Death Lawsuit Filed Against American Medical Response After Ambulance Patient is Dropped on Her Head

Peter Zacarelli is suing American Medical Response for Boston wrongful death. Zacarelli is the brother of Barbra Grimes. The 68-year-old woman died from a brain bleed five days after an ambulance crew allegedly dropped her head-first on the ground.

At the time of the Boston fall accident, Grimes was being taken to a Plymouth hospital for her dialysis treatment. The Department of Public Health has said that she died as a result of human error. American Medical Response is the largest ambulance company in the US.

Whether a medical worker is transferring a patient from a bed to a wheelchair or transporting the patient via ambulance or down a way walkway, there are proper procedures that should be followed to ensure that a patient isn’t dropped or doesn’t fall onto the ground. Fall accidents can lead to broken bones, traumatic brain injury, back injuries, neck injuries, broken hips, and other health complications.

Paramedics can be held liable for Boston paramedic malpractice if their negligence, carelessness, or recklessness caused a patient to get hurt, more sick, or die.

Examples of paramedic malpractice:
• Failure to monitor the patient’s vitals
• Failure to protect a patient from getting hurt in a fall accident
• Wrong diagnosis
• Failure to provide the proper medical care
• Medication errors
• Delay in arrival of ambulance
• Failure to follow protocols
• Delayed diagnosis
• Failure to do everything possible to get a patient to the hospital ASAP

In Massachusetts, plaintiffs have three years to file a medical malpractice action over a death or an injury.

Family Of Ambulance Patient Dropped On Head Suing, WCVB, February 16, 2011

Family files wrongful death suit against ambulance company, NECN, February 16, 2011

Related Web Resource:
American Medical Response

Massachusetts Department of Public Health

February 15, 2011

Boston Personal Injury Lawsuit Accuses Police Motorcyclist of Assault and Battery in ’07 Marathon Pedestrian Accident

A Framingham woman claims Massachusetts police Sgt. Dennis Bertulli was negligent when he struck her with his motorcycle and drove off during the 2007 Boston Marathon. Norma Shulman, an avid marathon watcher, is now suing state police over the alleged assault and battery and the violation of her civil rights. Her Boston personal injury trial is currently underway in Middlesex Superior Court.

Shulman, now 65, claims that on April 16, 2007, she was standing behind the white line on Rte. 135—the same spot where she has watched the Boston Marathon for 26 years—when she was struck by Bertulli’s motorcycle. The impact of the Boston motorcycle accident knocked her backward and she sustained a bruise to her chest. Shulman says because she didn’t want to make a scene, she didn’t’ seek emergency medical help and instead drove herself to the ER several hours later. She says that not only did she experience physical pain for 6-7 weeks, but also that she continues to suffer from sleep problems while feeling powerless.

Shulman’s Boston lawyer claims that not only did Bertulli strike Shulman and then drive off, but also, another officer Lt. William Cederquist coerced a key witness to change his account of what happened. The incident was captured on video by WBZ-TV and posted on YouTube.

WBZ videographer Jim Haynes, who saw the Boston pedestrian accident, had initially called the incident “vicious” and intentional but later changed his mind after speaking with the lieutenant. Shulman’s legal team also contends that the authorities submitted an “improper” official report over what happened. No charges were ever filed.

Although police had told Shulman to file a claim under a state law provision that covers claims against the state and its employees, they refused to cover her approximately $1,000 in medical expenses.

If you were involved in or caused a Boston traffic crash, you must stop at the scene to check on the others involved, get help when necessary, and exchange contact information. An experienced Boston injury law firm can help you obtain your financial recovery.

Also, if you believe that you law enforcement officials caused you injury because of their negligence, you may have grounds for a Boston injury case or a civil rights violation complaint.

Marathon Lawsuit: Woman recalls motorcycle impact, aftermath, The Metrowest Daily News, February 15, 2011

YouTube Video Shows Massachusetts Motorcycle Trooper Struck and Injured 61-Year-Old Female Pedestrian On Patriots Day, Boston Injury Lawyer Blog, July 10, 2007


Related Web Resources:
Boston Marathon Course Guides

Massachusetts State Police


More Blog Posts:
Massachusetts Student’s Family to File $120M Wrongful Death Lawsuit Over Fatal Police Shooting, Boston Injury Lawyer Blog, January 17, 2011

Massachusetts Man Files Lawsuit Alleging Springfield Police Brutality, Boston Injury Lawyer Blog, January 3, 2011

February 12, 2011

Is the State Doing Enough to Prevent Massachusetts Car Crashes and Discourage Drunk Driving?

The National Transportation Safety Board says that Massachusetts ranks among the worst states when it comes to adopting federal drunk driving recommendations because it has only put into effect just 4 of the agency’s 11 recommendations for keeping repeat drunk drivers off the streets. This news raises the question, is the state doing enough to get drunk drivers off the road so that the number of Massachusetts car accidents that happen each year goes down?

Our Boston injury lawyers talk to families on a regular basis that have suffered inconsolable losses because a drunk driver got in a car and fatally struck a loved one. Adopting tougher measures to prevent drunk driving can only save lives.

Among the NTSB’s recommendations:
• The adoption of a dedicated drunk driving court
• Ignition interlock devices on first time offenders
• Not allowing an offender’s record to be scrubbed just because he/she underwent treatment
• Impounding a drunk driver’s vehicle
• Confiscation of license plates
• Long-term alcohol treatment
• Unannounced alcohol testing for drunk driver offenders

Drunk driving blurs the vision, slows reflexes, delays reaction time, and creates an altered state of reality that can make it impossible for a motorist to stay in control of his/her vehicle. Our Boston injury law firm knows how to pursue financial recovery against a drunk driver. Although nothing can be done to bring back a loved one that was killed or restore you or your life to the way it was before the collision that caused your catastrophic injuries, you still may have grounds for a civil case.

Feds: Mass. doing poor job vs. drunken driving, Boston Herald, February 10, 2011

Massachusetts faulted in fight against drunken driving, Gazettenet.com/AP, November 17, 2010


Related Web Resources:
National Transportation Safety Board

Massachusetts Laws About Drunk Driving


Related Blog Posts:
Alleged Drunk Driver Involved in Fatal Andover Car Crash Does Not Remember Striking Haverhill Pedestrian, Say Police, Boston Injury Lawyer Blog, December 14, 2010

Lynn Man Sustains Serious Injuries in Salem Car Crash Involving Alleged Drunken Driver, Boston Injury Lawyer Blog, August 30, 2010

Boston Wrong-Way Accident on Mass Pike Kills One Man and Seriously Injures His Friend, Boston Injury Lawyer Blog, December 29, 2009

February 11, 2011

Two Infant Deaths Spur Recall of 1.7M Summer Infant Video Baby Monitors

The Consumer Product Safety Commission is recalling approximately 1.7 Summer Infant baby monitors following two infant deaths by strangulation. Included are over 40 different models of digital, handheld, and color models. The company issuing the recall is called Summer Infant, which will provide users with better instructions.

If you have one of these baby monitors, our Boston products liability lawyers want to remind you to adhere to the instructions of Summer Infant and CPSC and make sure that the cameras and their cords are out of your child’s reach. Per the CPSC, one baby, 10 months, died last March when she was strangled after getting caught in a monitor camera’s cord. The monitoring device had been placed on top of the crib rail. In November, a 6-month-old-baby died from strangulation because of the monitor’s electrical cord. The baby monitor had been placed on the changing table next to his crib.

Also, a 20-month old toddler was almost strangled after the camera monitor’s cord ended up around his neck. Even though the monitor camera had been hooked to the wall, the boy was able to reach the cord.

The recalled monitors were sold between 2003 and 2011 at major retailers. Summer Infant is also recalling rechargeable batteries in another 58,000 video monitors that were sold at Babies R Us in 2010 and 2009. The batteries, which come with the Slim and Secure Video Monitors. can rupture, overheat, and cause burn injuries.

There have been at least six child strangulation deaths involving baby monitor cords since 2004. If your child was injured because of his/her baby monitor or another product, you should explore your options because you may have a Boston personal injury case. Even if a product did not malfunction, there may be design defects or inadequate warnings that warrant a Massachusetts products liability or wrongful death case.

Two Strangulation Deaths Prompt Summer Infant to Recall Video Baby Monitors with Cords; Firm to Provide New On-Product Label & Instructions, CPSC, February 11, 2011


Big recall of baby monitors linked to 2 deaths, AP, February 11, 2011


Related Web Resources:
Children Can Strangle in Baby Monitor Cords, CPSC (PDF)

Summer Infant


Related Blog Posts:
Boston Wrongful Death Lawsuit Filed in Toddler’s Fatal North Attleboro Crib Accident, Boston Injury Lawyer Blog, January 12, 2011

Boston Nonprofit WATCH Issues its Worst Toys List for 2010, Boston Injury Lawyer Blog, November 19, 2010

Massachusetts Products Liability?: Lowell Toddler Nearly Strangled by Window Blinds that are Part of Latest Ikea Recall, Boston Wrongful Death Lawsuit Filed in Toddler’s Fatal North Attleboro Crib Accident June 11, 2010

February 9, 2011

Pharmacy Error: Pregnant Woman is Accidentally Given Abortion Pill

As you know, our Boston personal injury lawyers sometimes reports on stories making the national headlines. One unfortunate incident that has recently garnered a lot of media attention involves a pregnant woman who was accidentally given an abortion pill by a Safeway pharmacist.

Mareena Silva, who is several weeks pregnant with her first baby, says that a pharmacy misfill caused her to accidentally take methotrexate, which is used in chemotherapy treatments and can end pregnancies. She says that she thought the pill was the antibiotic that had been prescribed to her. After she started to feel sick, she noticed on the label that the drug she had been given was the wrong one. Silva contacted her physician immediately.

She was then rushed to the hospital where she was given charcoal in an attempt to get her body to absorb the drug. Doctors, however, say that she could still miscarry or have a baby with serious defects.

Safeway has admitted to the medication mix-up. The abortion drug was supposed to go to an older woman that shares a similar name to Silva’s and has the same last name.

Massachusetts Pharmacy Malpractice
Medication mistakes can cause serious health complications. Unfortunately, pharmacy errors are also not uncommon. Common causes of pharmacy errors made by pharmacists and pharmacy technicians

• Inadequate training or experience
• Exhaustion
• Misreading a doctor’s prescription
• Pulling the wrong drug off the shelf
• Writing incorrect or vague directions on a drug label
• Getting drugs with similar drug names mixed up
• Understaffing
• Failure to make sure the correct drug and dose is given to the right patient

Pharmacy errors can be grounds for a Boston pharmacy malpractice lawsuit. It can be a challenge to prove that a medication mistake occurred, which is why it is important that you work with an experienced Boston injury law firm that knows how to prove who made the mistake and what type of medication error occurred.

Expectant mother mistakenly given abortion pill by supermarket pharmacist, NY Daily News, February 9, 2011

Pharmacy mix-up leads to pregnant woman taking methotrexate. What does this drug do?, Los Angeles Times, February 9, 2011


Related Web Resources:
Empowered Patient: How to avoid errors at the pharmacy, CNN, February 9, 2011

Pharmacy, Safeway

February 8, 2011

Massachusetts Dangerous Drug Lawsuit Says Raptiva Caused Serious Infections

Gerald Sylvia is suing Xoma LLC and Genentech, Inc. for Massachusetts personal injury. In his dangerous drug lawsuit, he claims that the drug Raptiva caused him to develop acute retinal necrosis and meningitis. He is now legally blind.

Genentech recalled Raptiva in 2009 after the drug, used to treat psoriasis, was linked to three suspected cases of progressive multifocal leukoencephalopathy (PML), a deadly brain infection that can turn fatal. In addition to attacking the central nervous system, PML can cause paralysis, speech impairment, vision loss, weakness, cognitive deterioration, and death.

Raptiva, a subcutaneous injection, increased the risks of life-threatening infections, lymphoma, neurological complications, malignancy, and death. Sylvia claims that the drug manufacturers knew about the health risks posed by the drug yet failed to warn physicians or patients. He says that the defendants allowed the defective drug to remain in the market when they knew there were safer options.

Unfortunately, each year, thousands of Americans are killed because of adverse side effects from taking prescription drugs and over-the-counter medications. In some cases, a defective drug is allowed to remain in the marketplace even after the medication has caused serious side effects in users. Failure to warn of possible side effects has resulted in health complications that could otherwise have been avoided.

It is a drug maker’s responsibility to make sure that their medications don’t cause catastrophic injuries or serious health issues. When a drug manufacturer fails in this duty, the victim or his/her family may have grounds for a Boston dangerous drug lawsuit.

Sylvia et al v. Genentech, Inc. et al, Justia Dockets & Filings

Raptiva is withdrawn from the US market, UPI.com, April 9, 2009


Related Web Resources:
Raptiva, National Institutes of Health

Genentech


Other Dangerous Drug Blog Posts:
Boston Dangerous Drug: Taking Darvocet or Darvon Can Cause Heart Problems, Boston Injury Lawyer, January 28, 2011

Boston, Massachusetts Personal Injury: Are Dietary Supplements Dangerous Drugs?, Boston Injury Lawyer, August 4, 2010

Pfizer Settles for $400,000 the Massachusetts Dangerous Drug Lawsuit Filed by Family of Neurontin User who Committed Suicide, Boston Injury Lawyer, April 5, 2010

Continue reading "Massachusetts Dangerous Drug Lawsuit Says Raptiva Caused Serious Infections" »

February 4, 2011

Danvers, Massachusetts Nursing Home Abuse: Lynn Woman Convicted of Assault and Battery on an Elderly Person

A jury has found an ex-certified nursing assistant guilty of assault and battery on a person 60 or older. Nancy Aiguobargueghian was accused of Massachusetts nursing home abuse in 2006. The Massachusetts Department of Public Health investigated the alleged assault on a patient at the Hunt Nursing and Retirement Home in Danvers.

Aiguobargueghian is accused of physically assaulting the elderly resident, who was in a wheelchair. Other employees witnessed the incident.

Last year, she pleaded not guilty to the criminal charge in criminal court. This month, however, a Salem jury found her not guilty.

Massachusetts Nursing Home Abuse
Massachusetts nursing home abuse causes injuries and deaths. The victim and his/her family may be able to obtain liability from the assisted living facility where the abuse happened by claiming negligent hiring, improper supervision, or some other act of negligence. Nursing homes owe patients a certain standard of care and when failure to provide that care results in nursing home abuse or neglect occurring, an experienced Boston nursing home negligence law firm can work with you to file your injury claim or lawsuit.

Physical violence is one of the more obvious forms of Boston nursing home abuse. Examples of kinds of abuse include verbal abuse, emotional abuse, psychological abuse, improper or unnecessary restraint, unnecessary sedation, force-feeding, denying food or drink, sexual assault, inappropriate touching, bullying, or harassment.

Your Boston nursing home abuse law firm will know what evidence and documentation to collect to prove liability. There may be medical records that need to be collected and other patients and workers to interview about what happened. Immediate steps may have to be taken to immediately remove a loved one from an abusive situation.

Former Hunt nursing assistant convicted of assault and battery, Wicked Local, February 2, 2011

Woman guilty of assaulting patient, The Salem News, February 3, 2011


Related Web Resources:
Massachusetts Advocates for Nursing Home Reform

Massachusetts Department of Public Health

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