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August 31, 2011

$7M Boston Medical Malpractice Verdict Awarded in Newborn’s Massachusetts Wrongful Death

A jury has awarded the South Hamilton family of Katherine Bellerose $7 million in Boston wrongful death damages. Bellerose, a newborn twin, passed away 8 days after being born two months premature at Beth Israel Deaconess Medical Center. Her parents, John and Danielle, claimed she died because of inadequate staffing and the negligent medicare care she received while the hospital’s neonatal intensive care unit.

Katherine and her sister Alexis were born on June 13, 2004. She soon developed necrotizing enterocolitis, which is a bowel condition that kills internal tissue.

Her family’s Boston medical malpractice lawyer contends that seeing as babies that are born premature are at greater risk for developing the bowel condition, the staff at the hospital should have been monitoring Katherine more closely for possible signs. Instead, it wasn’t until they went to visit their girls on June 20 and noticed that she was unresponsive and discolored and the monitors showed that there were problems with her oxygen levels and heart that anything was done. Even then, they say it took an hour for anyone to act on their concerns and over four hours before surgeons were contacted. Katherine died the following morning.

The jury awarded each of Katherine’s parents $3.5 million each and $50,000 was allotted for the suffering she went through prior to her death. A nurse and four doctors found not responsible for Katherine’s Massachusetts wrongful death.

Premature Birth Risks

Premature births can come with significant risks, which is why it is so important that preemies are properly monitored after delivery. Complications that can occur when a baby is born too soon:

• Respiratory distress
• Developmental disabilities
• Cerebral palsy
• Increased risk of diabetes
• Increased risk of heart disease
• Brain bleed
• Brain injury

Medical errors that occur before, during, and after delivery can cause serious injury or health complications to any baby, which is why all necessary precautions must be taken to prevent these. When medical mistakes or failure to provide adequate care causes injuries, the baby's family may be able to pursue Boston medical malpractice compensation.

Jury finds Beth Israel at fault in baby death, Boston Herald, September 1, 2011

Parents awarded $7 million in death of newborn, Boston.com, August 31, 2011

Related Web Resources:
Care for Premature Babies, American Pregnancy.org

Premature Birth Complications, Mayo Clinic

More Blog Posts:
$7M Massachusetts Medical Malpractice Settlement Awarded to Parents Whose Child Was Born with a Genetic Defect, Boston Injury Lawyer Blog, May 6, 2011

Ex-Children’s Hospital Boston Pediatrician Sued for Boston Medical Malpractice and the Sex Abuse of Child Patients, Boston Injury Lawyer Blog, February 17, 2011

Boston Medical Malpractice?: Three Wrong-Site Surgeries Performed at Beth Israel, Boston Injury Lawyer Blog, January 11, 2011

Continue reading "$7M Boston Medical Malpractice Verdict Awarded in Newborn’s Massachusetts Wrongful Death" »

August 30, 2011

Boston Products Liability?: FDA Considering Tougher Review Process for Mesh Products

Last month, our Boston injury lawyers posted a blog notifying our readers that the Food and Drug Administration had put out a public notice warning that mesh products can cause serious injuries to women when surgically implanted in their vaginas. This medical device is used in procedures for treating Stress Urinary Incontinence (SUI) and Pelvic Organ Prolapse (POP). While the FDA had put out an advisory in 2008 warning that complications could arise, now the federal agency is saying that serious side effects from transvaginal mesh procedures actually aren’t rare. In fact, the federal agency is questioning whether these medical devices are actually safe. Last week, consumer advocacy group Public Citizen called on the FDA to recall all transvaginal mesh products.

So far, no recall has been issued. However, the FDA is now considering reclassifying mesh products used for treating pelvic prolapse to the category of Class III medical devices, which means that their manufacturers would not be able to fast track them through the 510(k) premarket approval program. Instead, transvaginal mesh products would have to undergo tougher testing first. Companies that make transvaginal mesh products include American Medical Systems, Sofradim, Boston Scientific, Mentor, Caldera, Johnson & Johnson, CR Bard, Inc., Gynecare, and Ethicon.

In addition to concern over complications from pelvic prolapse, including organ perforations, problems with sexual intercourse, bleeding, pain, recurring incidents of POP, and post-surgery complications, the FDA is now saying it is not sure that undergoing a transvaginal mesh procedure to repair POP offers added benefits than more traditional procedures to repair POP. Also, in the event that a patient suffers complications requiring that the mesh product be removed, this may require multiple surgeries and the process can be extremely painful and debilitating.

If you are someone who suffered health complications after undergoing a transvaginal mesh procedure you may have reason for filing a Boston products liability lawsuit against the medical device manufacturer.

Read the FDA's executive summary (PDF)

Surgical Mesh in Pelvic Repair Procedures Should Be Recalled, Public Citizen Tells FDA, Public Citizen, August 25, 2011


More Blog Posts:

Defective Medical Device?: Transvaginal Mesh to Treat Pelvic Organ Prolapse May Cause Health Complications, Warns FDA, Boston Injury Lawyer Blog, July 15, 2011

Boston Products Liability: Defective Zimmer NexGen CR-Flex Knee Replacement Devices Can Cause Painful Injuries, Boston Injury Lawyer Blog, June 9, 2011

Boston Products Liability Lawsuits Filed Over DePuy ASR Hip Devices, Boston Injury Lawyer Blog, January 4, 2011

August 29, 2011

Law Prohibiting Dangerous Sex Offenders From Living in Massachusetts Nursing Homes is Unconstitutional, Rules Supreme Judicial Court

Earlier this month, the Massachusetts Supreme Judicial Court unanimously decided that a state law banning Level 3 sex offenders from living in nursing homes is unconstitutional. The state’s highest court said that the rights of “John Doe,” an offender, were violated with Boston police invoked the law last year and ordered him to leave the assisted living facility where he resided. John Doe, who was convicted of assaulting two kids nearly two decades ago, suffers from seizures and Aspberger's syndrome. The justices say that to enforce the law would cause the plaintiff to become homeless.

While technically the court’s ruling is only applicable to the John Doe in this case, advocates for elderly sex offenders that need nursing care are hoping that administrators might be persuaded to admit Level 3 offenders into their assisted living facilities. Attorney General Martha Coakley, however, doesn’t think the ruling will have a wide impact. She noted that the current law is important for protecting other nursing home residents and their visitors.

Massachusetts Nursing Home Sexual Abuse
Unfortunately, sexual assault and abuse are dangers that have been known to occur to assisted living facility patients. In some incidents, the assailant is an assisted living facility worker committing Boston nursing home abuse or someone visiting the nursing home. Patients have also been known to sexually assault, rape, molest, or sexually harass other residents—especially ones who may be too weak, sick, frail, scared and/or mentally ill to fight back or report what happened.

It is the responsibility of Massachusetts assisted living facilities to protect patients from becoming the victim of Boston nursing home neglect, abuse, or other crimes. This may mean keeping anyone with a history of physical or sexual violence away from the rest of the nursing population and closely supervising him/her. This may even mean keeping a registered sexual offender out of the facility.

Mass. high court says ban on sex offenders living in nursing homes is unconstitutional, Boston.com, August 5, 2011

High Court Overturns Ban On Sex Offenders In Care Facilities, WBUR, August 5,2 011

Elder Abuse in Nursing Homes, Nolo

Elder Affairs, Mass.gov

Nursing Homes, Mass.gov


More Blog Posts:
Boston Nursing Home Negligence Can Lead to Wandering and Elopement, Boston Injury Lawyer Blog, August 26, 2011

Preventing Massachusetts Nursing Home Abuse and Neglect: Are Assisted Living Facilities Doing Enough When Screening Employees Before Hiring Them?, Boston Injury Lawyer Blog, April 28, 2011

Revere Wrongful Death Lawsuit Filed by Family of Mental Health Counselor Allegedly Murdered by Patient at Massachusetts Group Home, Boston Injury Lawyer Blog, April 21, 2011

Continue reading "Law Prohibiting Dangerous Sex Offenders From Living in Massachusetts Nursing Homes is Unconstitutional, Rules Supreme Judicial Court " »

August 27, 2011

Can Cell Phone Addiction Cause Boston Car Accidents?

According to some experts, the constant use of mobile devices may soon end up classified as an addiction similar to alcoholism or drug addiction. This is bad news, considering that most people won’t go anywhere without their cell phones, and dangerous when you think about how many accidents occur every year because people can’t stop talking on their phones or texting while driving.

Our Boston injury lawyers want to reemphasize that talking or texting on a cell phone while driving can cause Massachusetts car crashes. If you or someone you love was involved in a cell phone driving collision that resulted in serious injuries, do not hesitate to contact us right away to request your free case evaluation.

In the Gettysburg Times, psychologist David Greenfield says that continual and frequent use of PCs, laptops, and phones actually triggers a chemical response in the body similar to the one activated by gambling. This type of reaction can make it hard for the person to stop. Also referenced in the same media outlet is psychologist Michael Breus, who is also a sleep specialist. Breus says that some people get so worried that they might miss out on a call or a message that they have to sleep next to their phones.

Now why would cell phone addiction be a concern in terms of motor vehicle safety? Because even though a person addicted to his/her mobile devices might know that talking or texting on a cell phone or checking emails while driving is dangerous, he/she might not be able to resist sending or receiving messages and making phone calls. A cell phone addicted driver might be so distracted while driving that he/she could end up causing a catastrophic Boston car accident. Then again, one doesn’t have to be addicted to mobile devices to be become distracted just long enough for there mere seconds it takes to strike another vehicle or a pedestrian.

As the National Safety Council recently noted, cell phone use is a factor in at least 1.3 million US collisions a year. About 1.2 million likely involved people talking on cell phones. Also, texting while driving can up the chances of a collision by at least 23 times.

Granted, outside the context of driving a motor vehicle, constant use of a cell phone seems harmless enough—although some critics believe that this behavior can have a negative impact on personal relationships and sleep and may possibly up the risk of cancer. However, anytime a driver has at least one hand off the steering wheel, both eyes off the road, and his/her focus/concentration elsewhere, the chance of Boston personal injury and wrongful death on Massachusetts' roads goes up.

Are cell phones the newest addiction?, Gettysburg Times, August 3, 2011

National Safety Council Estimates that At Least 1.6 Million Crashes Each Year Involve Drivers Using Cell Phones and Texting, National Safety Council, January 12, 2010

Related Web Resources:
Distraction.gov

Cell Phone and Texting Laws, Governors Highway Safety Association

More Blog Posts:
90-Day Review of Massachusetts Distracted Driving Law, Boston Car Accident Lawyer Blog, February 18, 2011

At Distracted Driving Summit, Families of Car Accident Victims Bring to Life the Deadly Consequences of Multitasking While Behind the Wheel, Boston Injury Lawyer Blog, October 2, 2009

OSHA Pushes for Safer Occupational Drivers, No Texting for Drivers on the Job, Massachusetts Workers Compensation Lawyer Blog, April 26, 2011

August 26, 2011

Boston Nursing Home Negligence Can Lead to Wandering and Elopement

Assisted living facilities in Massachusetts are supposed to make sure that their residents that need supervision are not allowed to wander off unattended. Failure to do so can be grounds for a Boston nursing home neglect lawsuit because, unfortunately, wandering, also known as elopement, can cause serious injuries and even deaths.

Many nursing home residents suffer from dementia, Alzheimer’s or some other type of illness that can make them a danger to themselves should they wander on or off the nursing home grounds on their own. A patient who wanders may not know how to get back and he/she may become disoriented or confused. If the assisted living facility resident elopes at night, it could be hours before anyone even knows that he/she is gone. By then, the patient may have been involved in a Massachusetts fall accident and suffered serious head, back, or hip injuries, developed hypothermia, gotten hurt in a pedestrian accident, drowned in someone’s pool or another body of water, or become the victim of a violent crime, such as murder or rape.

There is no reason why a patient should be able to wander out of a nursing home without workers’ noticing. Wandering/elopement is preventable. Steps that assisted living facilities can take to prevent patient wandering:

• Hire enough staff members
• Closely monitoring of patients who are known risks for wandering because of their health issues
• Install and activate bells and alarms on doors
• Lock doors or windows that patients can exit through
• Install working surveillance cameras on the property
• Hire security guards
• Properly train staff on wandering prevention

Contact our Boston nursing home abuse and neglect law firm to request your free case evaluation.

Boston nursing home rankings

Nursing home compare, Medicare.gov

Dangerous wandering: elopements of older adults with dementia from long-term care facilities, PubMed.gov


More Blog Posts:

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

Preventing Massachusetts Nursing Home Abuse and Neglect: Are Assisted Living Facilities Doing Enough When Screening Employees Before Hiring Them?, Boston Injury Lawyer Blog, April 28, 2011

Threat of a Massachusetts Nursing Home Neglect and Abuse Lawsuit May Not Be Enough to Improve Facility Care, Boston Injury Lawyer Blog, March 31, 2011

Continue reading "Boston Nursing Home Negligence Can Lead to Wandering and Elopement" »

August 23, 2011

Andover Personal Injury Lawsuit Seeks Damages for Student’s Sexual Assault During European Trip

The family of an ex-Andover High School Student are suing the town, two teachers, and EF Travel Inc., which is an agency located in Cambridge, for Massachusetts personal injury. The plaintiffs contend that the ex-student was raped during a school trip abroad in 2008 when she was 16.

In their Andover personal injury complaint, the victim is accusing the defendants of not properly monitoring the students during the European trip and of family to prevent them from consuming alcohol on the evening of the alleged rape. They are also accusing the teachers, Brian Shea and Josephine Goldin, of stopping the girl from calling police and failing to get her medical help after the alleged sex assault.

The plaintiffs say that the alleged rape occurred in a Germany hotel on the last night of the trip. Because the students knew when the teacher-chaperones were going to check on them that night, they planned their drinking party for after. The alleged victim, referred to as Jane Doe, was among those who got drunk and she claims that this was when a male student from another school restrained and sexually assaulted her.

Jane Doe says that when Goldin and Shea were notified of the alleged rape, they made her stand in front of the accused attacker and other students and questioned her about what happened and whether she’d been drinking. It wasn’t until she returned to the US and told her parents about the sexual assault that the police were contacted. A medical exam at a Boston hospital showed that she was the victim of nonconsensual sex. Also, The Massachusetts Department of Social Services, which conducted an investigation into the matter, says that Jane Doe’s allegations are credible.

If your son or daughter sustained serious injuries while under the supervision of another adult, group, organization, or institution, you may have reason for filing a Boston personal injury lawsuit not just against the person that caused the injury, but also against the party that was supposed to be responsible for safeguarding your loved one’s safety during that time and/or had the duty to prevent such an incident from happening.

Many Boston sexual assault victims don’t realize that they may be entitled to civil damages for the harm that they’ve suffered. In addition to serious personal injuries, there also may be psychological and emotional damage from such a violation.

Ex-student’s suit faults Andover High teachers in alleged rape on Europe trip, Boston.com, August 22, 2011

Girl sues Andover High teachers over alleged rape on European field trip, Eagle Tribune, August 21, 2011


More Blog Posts:

Cape Cod Sex Abuse: Woman Sues Camp Attended by US Senator Scott Brown, Boston Injury Lawyer Blog, August 18, 2011

Ex-Children’s Hospital Boston Pediatrician Sued for Boston Medical Malpractice and the Sex Abuse, Boston Injury Lawyer Blog, February 17, 2011

Boston Sexual Assault: Former High School Basketball Coach Faces Criminal Charges for 1976 Rape, Boston Injury Lawyer, April 18, 2011

Continue reading "Andover Personal Injury Lawsuit Seeks Damages for Student’s Sexual Assault During European Trip" »

August 18, 2011

Cape Cod Sex Abuse: Woman Sues Camp Attended by US Senator Scott Brown

Cheryl A. Madden has filed a Barnstable sexual abuse lawsuit against the same Cape Cod camp where US Senator Scott Brown claims he was sexually abused as a boy. Madden, 45, says that a janitor at the camp raped her more than once and that officials at Camp Good News failed to protect her.

The defendants of her Cape Cod sex abuse case are the camp, two of its executives, the man who allegedly assaulted her, and a counselor. Madden claims that the counselors failed to take action even though she was in the girls’ bathroom during one of the rapes. Madden says that the janitor raped her multiple times during the summers of 1973 (when she was 7), 1974, and 1975. Camp Good News says there is no merit to Madden’s claim.

Madden claims that memories of the abuse surfaced two years ago after her dad, who died, left Camp Good News $111,000. She believes that the defendants either knew or should have known that the janitor was molesting her. Madden is accusing camp officials of concealing, suppressing, and purposely preventing the disclosure of the child sex abuse incidents that occurred there.

After Senator Brown went public with his experience of sexual abuse at the camp, other campers also came forward with similar allegations. One camp employee, Charles “Chuck” Devita, killed himself after he was accused of sexually abusing campers.

Recovered Memories of Sexual Abuse
Sometimes, a victim of sex abuse may “forget” what happened and not remember until years later. The forgetting may be an attempt to cope with and protect oneself from the trauma. Yet forgetting doesn’t mean that there aren’t repercussions for the victim.

Child sex abuse can cause severe emotional, sexual, and psychological damage for victims, and these injuries should be acknowledged. You should work with a Boston injury lawyer that knows how to handle cases involving Massachusetts sex abuse so that you can hold the abuser and those that enabled/allowed the abuse responsible.

Woman sues camp where Scott Brown was allegedly abused, Boston.com, August 18, 2011

Woman allegedly repeatedly raped by a janitor at Camp Good News, Cap Cod Today, August 18, 2011

Not unusual to forget childhood sexual abuse, Harvard.edu, October 12, 2006


Related Web Resources:

Camp Good News

Stop It Now

Child Sex Abuse, National Center for Post Traumatic Stress Syndrome


More Blog Posts:
Kingston, Massachusetts School Psychologist Placed on Leave Over Clergy Sex Abuse Allegations, Boston Injury Lawyer Blog, June 25, 2011

Former Campers Step Forward Claiming They Were Victims of Massachusetts Child Sexual Abuse at Camp Good News in Sandwich, Boston Injury Lawyer Blog, April 13, 2011

Clergy Sexual Abuse Lawsuit: Victim Sues the Pope, Boston Injury Lawyer Blog, September 24, 2010

August 16, 2011

Boston Slip and Fall Accidents in Stores Can Lead to Massachusetts Injury Lawsuits

As our Boston injury lawyers have written in the past, Massachusetts slip and fall accidents can cause serious personal injuries for those involved. Hip fractures, back injuries, spinal injuries, and traumatic brain injuries, and even death can result. It is the responsibility of property owners to make sure that there are no slick, slippery, or wet surfaces/floors on their premises than can cause someone to slip and fall.

Four common types of Boston slip and fall accidents:

• The typical “slip and fall,” which involves someone losing traction, slipping on a surface, and falling.
• The “step and fall,” which involves a person falling into a hole or stepping into another type of defect on the flooring/another type of surface and falling.
• The “stump and fall,” which involves an individual stumbling over an obstruction on the ground and falling.
• The “trip and fall,” which can occur when someone trips over an object and falls.

Slip and fall accidents can occur anywhere. Today, however, our Boston premises liability lawyers today would like to report on a number of recent US slip accidents lawsuits over incidents that occurred in stores.

Last month, a woman filed a slip and fall accident case against Walmart. Jennifer Lombrana says she got hurt last March when she slipped and fell in a puddle of water on the ground close to the girls’ clothing section. In another premises liability lawsuit, Crystal Lewis is suing a Family Dollar store for injuries she says she sustained in 2009 when she slipped and fell on a slippery substance that had been left on the store floor. A third woman, Leslie Douglas, is suing Kroger because she says she slipped and fell on water that left on the ground in the grocery store in 2009. Douglas says that she injured her hand, shoulder, and hip.

Storeowners must make sure that any wet/slippery surfaces are wiped/mopped dry right away. In the event that it will take some time before the floor is no longer wet, employees must post warnings to notify people that the ground is slippery. Even if the area where the wet surface is located isn't frequented by a lot of traffic, you never know who could end walking through the area. The slip hazard must be removed to decrease the chances of injury.

Kroger blamed for slip and fall, Ultimate Pasadena, August 11, 2011

Family Dollar

Kroger


Related Web Resources:

Slip and Fall, Nolo

Premises Liability Overview, Justia


More Blog Posts:
Boston Slip and Fall Accidents Usually Require the Attention of an Experienced Injury Attorney, Boston Injury Lawyer Blog, January 26, 2011

Winter Weather Tests Massachusetts Slip and Fall Ruling by SJC, Boston Injury Lawyer Blog, December 23, 2010

Supreme Judicial Court’s Massachusetts Slip and Fall Ruling in Lawsuit Against Target Ruling Dissolves Distinction Between Unnatural and Natural Ice and Snow Accumulations, Boston Injury Lawyer Blog, July 26, 2010

Continue reading "Boston Slip and Fall Accidents in Stores Can Lead to Massachusetts Injury Lawsuits" »

August 12, 2011

Framingham Woman Dies A Day After Undergoing Breast Augmentation Procedure

A Framingham woman who underwent breast augmentation surgery right before her 40th birthday has died. Adriana Paula Da Silva Toledo, who was a single mom, leaves behind three children.

Da Silva Toledo, a south side housekeeper, had the 90-minute operation done at the Destination Beauty MedSpa in Framingham on Saturday. The next afternoon, she became dizzy, fell in her parents’ bathroom, and struck her head. She died later that day. Although autopsy results are still pending, her parents have retained a Boston injury lawyer in the event that Massachusetts cosmetic surgery was a factor.

Da Silva Toledo is a Brazilian native. According to her sister-in-law, the doctor who heads up the medical spa is popular in the Brazilian community. The spa’s website warns that patients who undergo breast augmentations may feel tired on day one and should stay home.

If the breast augmentation procedure was a factor in Da Silva Toledo’s death, her family may have grounds for a Framingham cosmetic surgery malpractice lawsuit.

Massachusetts Plastic Surgery Malpractice

Like any other type of operation, plastic surgery comes with certain risks. It is the responsibility of the plastic surgeon and the other medical professionals involved with the procedure to make sure that no errors occur that could cause serious injury, disfigurement or death. In addition to the usual risks of anesthesia complications, adverse reaction to medications, wrong-site procedures, blood clots, or infection that come with an operation, plastic surgery complications can include (depending on the procedure and where on the body it is performed):

• Disfigurement
• Over-correction
• Under-correction
• Nerve damage
• Asymmetry
• Scarring
• Wrong size implants
• Breast implant deflation, leakage, or rupture
• Encapsulation
• Loss of breast skin cover
• Change in nipple sensation
• Rippling
• Loss of nipple cover
• Dry eyes
• Too much skin removal
• Lidocaine overdose
• Burning
• Blistering
• Pulmonary embolism

Death after surgery draws concern, Boston.com, August 12, 2011

Plastic surgery doctor expresses sorrow over Framingham patient death, Wicked Local, August 12, 2011


Related Web Resources:

10 Plastic Surgery Mistakes No One Talks About, Total Beauty

Living With Plastic Surgery Mistakes, ABC News, July 29, 2009


More Blog Posts:
Family’s Boston, Massachusetts Wrongful Death Suit Alleges Cosmetic Surgery Malpractice, Boston Injury Lawyer Blog, March 5, 2010

Coronor Says Rapper Kanye West’s Mother May Have Died From Cosmetic Surgery or Anesthesia, Boston Injury Lawyer Blog, November 17, 2007

Mother’s Massachusetts Medical Malpractice Lawsuit Accuses Springfield Hospital of Sterilizing Her Without Consent, Boston Injury Lawyer Blog, January 4, 2010

Continue reading "Framingham Woman Dies A Day After Undergoing Breast Augmentation Procedure" »

August 9, 2011

Westport Cop Settles Case Alleging Bristol County, Massachusetts Excessive Use of Force

A Massachusetts personal injury settlement has been reached in the federal lawsuit between Westport Police Officer Francis Napert III and Berkley resident Carl Conforti over the alleged use of excessive police force. Under the terms of the agreement, Officer Napert will pay Conforti $50,350.

Per court records, on January 30, 2010, Napert, who was off-duty at the time, apprehended Conforti, a 46-year-old paraplegic in a wheelchair, who was going through a Westport neighborhood to gather fallen tree branches so he could heat his sister’s home. Napert, who was wearing civilian clothes and following him in a pickup truck, identified himself to Conforti as a cop and told him that he was watching him because he was making his way slowly through the neighborhood and peering into people’s residences.

Conforti asked Napert for police identification and that is when the latter allegedly started yelling at him, forced him to the ground, broke his glasses, and arrested him. Witnesses say that Conforti, who had wires in his chest after undergoing tracheal resection surgery, called for help. The criminal charges of disorderly conduct, larceny of wood, and resisting arrest that had been filed against Conforti were later dropped.

The Westport police say that the decision to settle was one done for practical reasons and not because they believe that Napert did anything wrong.

Boston Police Brutality
The use of unnecessary and excessive physical, verbal, or emotional force by a cop when dealing with members of the public is an abuse of authority and power, which can be grounds for a Boston personal injury lawsuit alleging Massachusetts police brutality. Excessive use of police force is also a violation of the victim’s civil rights.

Unfortunately, it can be virtually impossible to get a police officer or his department to admit that police brutality occurred. Often, unless the incident of excessive use of police force is a blatant one, charges likely won’t be filed against the cop. This doesn’t mean, however, that you cannot hold the police officer liable in civil court and obtain Boston injury damages for the harm that you or your loved one suffered.

Westport officer settles civil rights lawsuit alleging excessive force, South Coast Today, August 9, 2011


Related Web Resource:

Westport Police Department

More Blog Posts:
Massachusetts Personal Injury: Two Women Sue Barnstable County Sheriff’s Office Over Dog Attack by K-9, Boston Injury Lawyer Blog, May 27, 2011

Wrongful Death: Parents of Easton, Massachusetts Man Fatally Shot by NY Police Officer File Lawsuit, Boston Injury Lawyer Blog, April 23, 2011

Boston Personal Injury Lawsuit Accuses Police Motorcyclist of Assault and Battery in ’07 Marathon Pedestrian Accident, Boston Injury Lawyer Blog, February 15, 2011


Continue reading "Westport Cop Settles Case Alleging Bristol County, Massachusetts Excessive Use of Force " »

August 4, 2011

Newton Van Crash Involving Stopped Garbage Truck Injures Special Needs Passengers

13 people were injured when a Newton motor vehicle crash on Monday when a van drove into a stopped garbage truck at around 9am. Three of the special needs passengers sustained serious injuries. The Jaws of Life had to be used to remove the passenger in the front seat. At the time of the Middlesex County traffic crash the van was taking the adult special needs passengers to the Price Center where they were going to avail of rehabilitation and employment services.

Police have charged the driver of the van, Addis Gabriel Woldeguiorguis, with driving while driving under the influence of drugs. Woldeguiorguis, who was also injured in the Newton van accident, told police that he took oxycodone pills a few hours before the Newton traffic crash because his foot hurt and he suffers from diabetes, prostate cancer, and tuberculosis. However, police also say that they found a crack pipe, and a bag with what they think might be crack cocaine.

The company that Woldeguiorguis, was operating the van for is called AART Transportation. The Boston Globe says that Woldeguiorguis had an extensive traffic history in New York going back to the 1980’s, including a notation for drug possession in 2005. However, because regulators only check a driver’s Massachusetts record when assessing the credentials of contracted drivers, these out-of-state violations went undetected.

It is the job of employers to make sure that any drivers that they retain have a solid driving record and are good, experienced, and safe drivers. Employers can be held liable for Boston personal injury if the person that they hired was negligent in causing a collision that resulted in someone getting hurt or dying. There may also other parties affiliated with the vehicle or the service provided by the driver who should also be held financially liable for the victim's injuries or death.

Van crash shocker: Charged driver has spotty record, Boston Herald, August 2, 2011

Driver of special needs van faces OUI charge after Newton crash injures 13, Boston.com, August 1, 2011


Related Web Resources:

Massachusetts General Laws

The Price Center


More Blog Posts:

Is the State Doing Enough to Prevent Massachusetts Car Crashes By Discouraging Drunk Driving?, Boston Injury Lawyer Blog, February 12, 2011

Drunk Driver Crashes Stolen Car After Police Chase on Interstate 93, Boston Car Accident Lawyer, June 17, 2011


Continue reading "Newton Van Crash Involving Stopped Garbage Truck Injures Special Needs Passengers" »

August 2, 2011

Boston, Massachusetts Accutane Lawsuits Blame Acne Drug for Severe Intestinal Problems

Plaintiffs blaming Accutane for severe intestinal issues are continuing to submit their dangerous drug lawsuits to the courts. Our Boston products liability lawyers represent Massachusetts clients who have suffered serious health complications from taking pharmaceutical products. If you or someone you love has developed Crohn’s disease, inflammatory bowel disorder, Stevens-Johnson syndrome, ulcerative colitis, hair loss, depression, and suicidal tendencies you may have reason for filing a Massachusetts dangerous drug complaint against Roche and generic makers of this medication, which is often used to treat acne. Accutane is no longer sold in the United States.

In New Jersey state court alone—where all of the actions pending in the state were consolidated into one mass action—a least 5,169 Accutane injury lawsuits have been filed as of last month. That’s almost two thousands new complaints since early May. All of the dangerous drug cases accuse LaRoche and generic drug manufacturers of not doing enough research on the medication and failing to warn about the risk of serious side effects. Seven of the first nine cases have been decided in favor of the plaintiffs. To date, Roche has been ordered to pay over $55 million.

One of the largest Accutane injury damages awarded to a plaintiff so far is $25 million. Andrew McCarrell started taking Accutane isotretinoin in June 1995 when he was a college football player. He stopped taking the medication after about four months. The next summer, he developed inflammatory bowel disease and then later Corhn’s disease. In December 1996 he had to have his rectum and colon. McCarrell has undergone several surgeries because of his IBD. A jury initially awarded him $2.62 million in 2007. Hoffman-LaRoche appealed the verdict and the case was remanded to back to trial. This time, the court awarded McCarrell $25.16 million.

Unfortunately, every year there are patients who suffer serious injuries and side effects from taking a medication. Sometimes the drug manufacturer wasn’t aware that the drug wasn’t safe for use or posed such serious risks. In another instances, pharmaceutical companies may have known about the risks but chosen to conceal

Accutane, New Jersey Courts

Roche

Accutane (Isotretinoin), National Center for Biotechnology Information


More Blog Posts:

Study Reports that Epilepsy Drugs May Up Pregnancy Risks, Boston Injury Lawyer Blog, June 15, 2011

Propecia Lawsuits: Plaintiffs Claim Hair Loss Drug May Cause Permanent Impotence, Boston Injury Lawyer Blog, June 6, 2011

Massachusetts Dangerous Drug?: FDA Pulls Avandia Because of Cardiovascular Risks, Boston Injury Lawyer Blog, May 23, 2011

Continue reading "Boston, Massachusetts Accutane Lawsuits Blame Acne Drug for Severe Intestinal Problems" »