Boston Injury Lawyer Blog

The state’s highest court is getting ready to take a formal look into whether Massachusetts drunk driving acquittal level at the district court level is too high. The announcement of the inquiry comes following a report by the Boston Globe that the judges had a 30% greater acquittal rate than juries in the state.

Former chief trial counsel for the Suffolk district attorney’s office Jack Cinquegrana, who also previously served as Jack Cinquegrana and Boston Bar Association president, has been tasked with figuring out the acquittal rate for jury-waived OUI cases and how that compares with the national average.

According to the Globe’s Spotlight Team, certain counties have acquittal rates that continue to rise. In Suffolk County, judges are acquitting OUI defendants in 88% of cases. The acquittal rate by judges is Plymouth County for 86%. Some district court judges say that one reason the conviction rate is low is that prosecutors are often reluctant to drop OUI cases that don’t have enough evidence.

Our Boston injury lawyers represent victims of Massachusetts drunk driving accidents that wish to obtain recovery from the negligent motorist. In certain instances where there was an establishment that served alcohol to the intoxicated driver before he/she got into the car and caused the car crash, you may be able to also pursue damages from that entity under Massachusetts’ dram shop liability laws.

On a positive note, federal officials say there has been drop in Massachusetts drunk driver fatalities between 2005 and 2009. The 27% decline is attributed to safer vehicles and tougher enforcement. The RMV is also reporting that the ignition interlock locks now required for chronic offenders have helped reduce the number of OUI accidents in the state. Only 115 of the 10,000 motorists ordered to install the devices in their vehicles were again convicted for drunk driving.

Drunken driving down in Massachusetts, Boston Herald, October 28, 2011

For drunk drivers, a habit of judicial leniency, Boston.com, October 30, 2011

Related Web Resources:
MassDOT, RMV

Massachusetts Law About Drunk Driving, Massachusetts Trial Court Law Libraries

More Blog Posts:
Is the State Doing Enough to Prevent Massachusetts Car Crashes and Discourage Drunk Driving?, Boston Injury Lawyer Blog, February 12, 2011

More Wrongful Death Lawsuits Filed in 2009 Wrong-Way Driving Crash on Taconic State Parkway that Killed Eight, Boston Injury Lawyer Blog, July 31, 2011

Drunk Driver Kills Two Teens Not Wearing Seatbelts in Somerville, Boston Car Accident Lawyer, April 25, 2011

In Sisson et al. v Lhowe et al., the Massachusetts Supreme Judicial Court has ruled that a plaintiff can modifiya medical malpractice lawsuit to seek damages for wrongful death rather than personal injury even though the expiration date to make the claim has already passed. However, this change can only be made if the civil trial has not started, the original lawsuit was filed during the state’s allowed statute of limitations, and the liability allegations for wrongful death are the same as the ones for personal injury.

The Massachusetts medical malpractice case that the court ruled on was filed in 2006 prior to the death of Dawn Sisson from osteosarcoma. The complaint accused one of Dawn’s doctors of providing her with substandard care. Dawn died in 2007. A year later, the Massachusetts wrongful death claims were added to the lawsuit. This was after the 7 under the law allowed to file such a claim had passed.

In its 4-1 ruling, the state’s highest court overturned a lower court’s ruling throwing out the claims. It said that the wrongful death claims could be included because the circumstances surrounding the case were not in alignment with the reasons why the Legislature chose to have a law limiting how much time plaintiffs can seek such damages. The court also noted that the damages sought after and before Dawn’s passing were not very different in their amount or nature.

Massachusetts Medical Malpractice
Medical mistakes can cause serious injury, including death. Sometimes, a person who gets sick or hurt because of medical negligence may not pass away immediately. However, that doesn’t mean that the medical errors did not cause the death. Surviving loved ones should be allowed to obtain Massachusetts wrongful death recovery.

Lawsuit can be amended after deadline to include wrongful death, American Medical News, October 26, 2011

Sisson et al. v Lhowe et al. (PDF)

More Blog Posts:
Boston Wrongful Death Lawsuit Accuses Hospital and Wareham Hospital and Nurse of Massachusetts Medical Malpractice, Boston Injury Lawyer Blog, September 24, 2011

$7M Boston Medical Malpractice Verdict Awarded in Newborn’s Massachusetts Wrongful Death, Boston Injury Lawyer Blog, August 31, 2011

Framingham Woman Dies A Day After Undergoing Breast Augmentation Procedure, Boston Injury Lawyer Blog, August 12, 2011

Continue reading "State’s Supreme Judicial Court Rules that Massachusetts Medical Liability Lawsuit Can Include Wrongful Death Claim Despite Deadline’s Passing" »

A man who was sexually abused by two clergymen when he was a teenager during the 1960’s will receive $100,000 from the Augustinian Order. His abusers, Rev. Alfred Murphy and a Brother John, are also accused of molesting other boys. The victims belonged to the St. Mary parish Catholic Youth Group.

According to the Massachusetts sex abuse complaint, the plaintiff, who is now in his 50’s, was molested about 25 times. He was one of a number of boys that the clergymen would take kayaking and swimming so they could abuse them during the trips.

The victim’s Boston injury lawyer says that the clergy sex abuse caused his client emotional injury, mental trauma, anxiety, nightmares, and depression. As a result, the plaintiff has spent a lot of money on therapy and medical bills.

The Boston clergy sex abuse attorney went on to say that that this compensation does not make up for what happened to the client. Rather, it is a validation that the plaintiff isn’t to blame for what happened to him.

The victim didn’t come forward until after he saw a newspaper article in the mail a couple of years ago reporting on how Murphy had been accused of abusing a 17-year-old during a 3-week camper trip. Although the plaintiff hadn’t forgotten he’d been abused, reading the story made him realize that problems he was suffering from in the present was because of the Lawrence clergy sex abuse he suffered.

Also mentioned in his lawsuit was a third party. Although not named in court papers, this person was accused of failing to properly supervise Brother John and Rev. Murphy.

Unfortunately, for years the Roman Catholic Church turned a blind eye to the fact that many of its priests were molesting young children. Many of these kids were too ashamed or scared to come forward right away or had suppressed the memories. Now, as adults, a number of them are remembering and/or garnering the courage to speak out and hold their abusers and the Church liable.

Religious order pays $100K to Andover man in abuse case, Eagle-Tribune, October 29, 2011

Rev. Alfred Murphy, BishopAccountability.org

More Blog Posts:
$3M Boston Clergy Sex Abuse Judgments Awarded to Two Victims, Boston Injury Lawyer Blog, October 25, 2011

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

Continue reading "$100K Lawrence, Massachusetts Clergy Sex Abuse Lawsuit Awarded to Andover Man" »

The family of 58-year-old delivery man who was murdered in 2010 is trying to hold Domino’s Pizza and Deutsche Bank liable for his Boston wrongful death. Nova was dispatched by a franchisee of Domino’s to a broken down residential structure on September 1, 2010. Deutsche Bank owns that property.

Nova, a father of three was stabbed 16 times after he entered the building. His assailants also robbed him of $143, as well as stole the pizzas, chicken wings, and drinks that the murderers had ordered.

In their Boston wrongful death lawsuit, the plaintiffs contend that a a co-worker at Domino’s responded in the affirmative when the people placing the order tasked if Nova would be carrying cash. The co-worker also did not confirm the callback number, which the family believes increased the chances of an assault crime happening. They say that sending Nova to the back of the building where no one could see him also placed him at risk. Per the family’s Boston injury lawyer, Domino’s didn’t have in place addressing security for delivery drivers and that this was a “proximate cause” of Richel Nova’s assault, false imprisonment, and murder.

The civil complaint accuses Deutsche of negligent security. The building, which had been vacant for the two years before Nova’s death, did not have any Do Not Trespass signs.

Meantime, three people have confessed to the murders. They have, however, pleaded not guilty to the charge of first-degree murder.

Boston Wrongful Death
As you can see, with this Boston wrongful death complaint, the family is suing two parties. Domino’s, which is accused of failing to provide adequate security and the necessary safety protocols for delivery drivers, and Deutsche Bank, as the premise owner of the property where the crime occurred. While both parties played no direct role in Nova’s murder, the plaintiffs contend that the defendants’ negligence allowed for his death to occur.

Domino’s Pizza and Deutsche Bank sued for $15 million by family of murdered pizza delivery man, Boston.com, October 26, 2011

Boston Mayor Thomas Menino suggests 'torture' for pizza delivery murder suspects, AP/Mass Live, September 23, 2010

More Blog Posts:
Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer Blog, October 15, 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

Taylor Meyer's Family Settles Norfolk Wrongful Death Lawsuit with Two of the Defendants, Boston Injury Lawyer Blog, April 6, 2011

Continue reading "Deutsche Bank and Domino’s Pizza Sued in $15M Boston Wrongful Death Lawsuit Over Pizza Delivery Man’s Death" »

Two adults who were sexually abused by a former priest have been awarded $3 million—$2M and $1M judgments, respectively— in their Boston clergy sex abuse case against John Dority. The two victims were 10 and 13 when the ex-clergyman molested them during the early’s 70’s and late ‘60’s while they were members of a West Roxbury parish. The Massachusetts sex abuse occurred over several years.

Dority has admitted to abusing the plaintiffs. Now, 70, he is a registered sex offender who has already served time behind bars for child molestation.

The judgments were issued to the victims after Dority failed to respond to the Boston child sex abuse lawsuit and chose not appear in court. Suffolk Superior Court Judge Janet Sanders, who issued the award, said no amount could fully make up for the plaintiff’s suffering. Dority, however, likely does not have $3 million to pay the plaintiffs. The plaintiffs’ Boston child sex abuse case against the Order of Friars Minor Province of the Most Holy Name, is still pending.

According to the Boston Globe, Survivors Network of Those Abused by Priest Director David Clohessy has said that significance of the award amount is that it publicly validates the degree of suffering that the victims experienced because they were sexually abused. This is understandable, seeing as the effects of sexual abuse can last a lifetime.

In addition to prosecutors filing criminal charges against the perpetrators, a victim may be able to sue his/her abuser for damages. Even if the Boston child sex abuse happened years ago, you may still be able to recover compensation.

While winning your Massachusetts sex abuse lawsuit cannot erase what happened to you or the devastation it has created in your life, it could help you in your healing while holding your assailant liable.

Priest abuse victims get $3m ruling, Boston.com, October 22, 2011

$3 Million Awarded In Mass. Priest Sex Abuse Case, CBS Boston/AP, October 21, 2011

Database of Publicly Accused Priests in the United States, BishopAccountability.org

Abuse in the Catholic Church, The Boston Globe

More Blog Posts:
Kingston, Massachusetts School Psychologist Placed on Leave Over Clergy Sex Abuse Allegations, Boston Injury Lawyer Blog, June 23, 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

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

Continue reading "$3M Boston Clergy Sex Abuse Judgments Awarded to Two Victims" »

Pfizer Inc. has agreed to pay $14.5 million to the federal government, the District of Columbia, and 49 states to settle claims that the drug manufacturer not only improperly marketed its bladder control medication Detrol but also cheated Medicaid. The allegations were made by former sales representatives Marci Drimer and David Wetherholt, who filed their Massachusetts whistleblower lawsuit in Boston in 2006 on behalf of the US, 49 states, and the District of Columbia.

Wetherholt and Drimer contended that even though Detrol had only been approved for treating overactive bladders, the company violated federal regulations by promoting it for use that government agency hadn’t been approved, such as for treating impeded urine flow caused by benign prostatic hyperplasia, lower urinary tract symptoms, and bladder outlet obstruction. The two men claimed using Detrol had no therapeutic benefits for some of these conditions.

In their whistleblower lawsuit, Drimer and Wetherholt accused Pfizer of purposely embarked on a path of “unlawful conduct” that it knew would cause pharmacists and physicians to submit thousands of claims that Medicaid didn’t cover. The two men contend that they were pushed out of their jobs by the drug maker after they complained about the marketing practices.

Off-Label Marketing
This type of pharmaceutical fraud involves the marketing of a medication for uses not approved by the Food and Drug Administration that results in a company doing so to get the government to subsidize a medication that it isn’t supposed to cover. Granted, it is not against the law to use medicines for off-label purposes. However, if these prescriptions are billed to Medicaid or Medicare then fraud is being committed.

Under the False Claims Act’s qui-tam provision, which allows for whistleblower awards of up to 30% of what the government recovers, in the wake of their case against Pfizer, Drimer and Wetherholt will get 27% of the federal government’s share of the $14.5 million. They will receive a percentage of the $2.62 million that she states are getting.

Even in settling, Pfizer continues to deny wrongdoing. The company said it chose to settle to avoid the costs that come with litigation.

Pfizer Settles Whistle-Blower Suit Over Detrol Marketing, Bloomberg, October 20, 2011

Pfizer Pays $14.5M To Settle Detrol Off-Label Suit, Pharmalot, October 20, 2011

Related Web Resources:
What is the False Claims Act & Why is it Important?,The False Claims Act Legal Center

Detrol, Pfizer

More Blog Posts:
Whistleblower Lawsuit Accuses Southern Care of Charging Medicare While Fraudulently Enrolling Patients in Hospice Care, Boston Injury Lawyer Blog, September 27, 2011

Massachusetts Whistleblower Lawsuits, Hospice Neglect, and Medicare Fraud, Boston Injury Lawyer Blog, July 26, 2011

Pharmaceutical Fraud May Be Grounds for Filing a Massachusetts Whistleblower Lawsuit, Boston Injury Lawyer Blog, July 23, 2011

Continue reading "Pfizer Settles Whistleblower Claim Alleging Pharmaceutical Fraud Related to Detrol " »

A city worker died this morning after the bucket truck he was working in was hit by an 18-wheeler truck. The impact of the Quincy truck crash caused Robert DeCristofaro to fall out of the bucket and into the road.

The 58-year-old Braintree man was taken to Boston Medical Center where he was pronounced dead. Police are trying to figure out which truck driver caused the Quincy tractor-trailer accident. Meantime, OSHA is also looking into the crash.

Massachusetts Workers’ Compensation
City workers and their families are entitled to Massachusetts workers’ compensation benefits in the event of injury or death on the job. It is important that you file your Quincy work injury claim right away. It is also a good idea to consult with a Boston workers’ compensation law firm about your case. You want to make sure you receive all of the benefits that you are owed.

Although it would be nice to think that this is what automatically happens, this isn’t always the case. An employer’s insurer may choose to reduce, delay, or deny your benefits. Considering that employees and their families generally cannot sue the employer for Quincy personal injury, this can take a financial toll on the victim and loved ones, who may have to contend with lost wages, medical benefits, and other expenses.

Your Quincy workers’ compensation lawyer can protect your right to receive everything that you are owed.

Third Party Lawsuits
Obtaining work injury benefits from your employer doesn’t stop you from filing a third party lawsuit and vice versa. Although you cannot sue your employer, there may be third parties that are not your employer who can and should be sued. For example, right now, the facts of what happened in the Quincy work accident that killed DeCristofaro are not clear at this time. However, if it was the driver of the semi-truck that struck the bucket truck he was on, then the Braintree man’s family may have grounds for pursuing a Quincy wrongful death case against the trucker and his/her employer.

Quincy worker thrown from bucket after crash dies, Boston Herald, October 18, 2011

Massachusetts Workers' Compensation, The Commonwealth of Massachusetts

Related Web Resources:
Labor and Workforce Development, Mass.gov

Occupational Safety and Health Administration, US Department of Labor

More Blog Posts:
Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber, Massachusetts Workers' Compensation Lawyer Blog, October 5, 2011

$7.7M Boston Personal Injury Verdict Awarded to Boiler Repairman Burned by Defective Water Heater, Boston Injury Lawyer Blog, October 6, 2011

Boston Hospital Gives Full Face Transplant to Man Burned in Construction Accident, Boston Injury Lawyer Blog, May 9, 2011

Continue reading "Quincy 18-Wheeler Truck Crash Kills Worker Who is Thrown from Bucket" »

A jury has awarded the family of Robin Aleo $20.6M in its Essex County, Massachusetts wrongful death verdict against Toys “R” Us. Aleo died after she hit her head on the end of a swimming pool. The injury accident occurred in 2006 when the Banzai Falls in-ground slide she was going down headfirst bottomed out.

The Andover swimming pool accident caused her to break her neck and sustain spinal cord injury that left her a quadriplegic who couldn’t breathe on her own. Aleo later was taken off life support and died at age 29. Her 18-month-old daughter witnessed her mother being rescued while unconscious from the pool.

In their Andover wrongful death lawsuit, the family claimed that Toyquest Banzai slide, which was made in China, hadn’t been tested to see if met federal standards. The slide had been purchased at Toys “R” US, which had imported it.

Lawyers for the toy company had argued that because the Banzai Falls slide was inflatable, Toys “R” Us was not required to test the product to make sure it complied with federal regulations. Per federal safety standards, pool slides must be able to support 350 pounds without giving way or deforming. According to an expert witness for the plaintiffs, not only does the Banzai Falls slide deform under any weight, but as a person’s weight shifts on the slide while going down it, the air becomes displaced and renders the slide unable to support any load.

The $20.6 million products liability verdict included $18 million in punitive damages, $100,000 for Aleo’s pain and suffering before she died, and $2.5 million in lost income. The other defendants in this Massachusetts products liability lawsuit, Amazon.com and SLB Toys USA, have already settled with Aleo’s husband Michael.

Aleo is not the first person to allegedly become paralyzed after riding down a Banzai Falls slide. One man claims he became a paraplegic after going down one. The slide he got hurt on was bought at Walmart. He is suing the retailer and the Chinese manufacturers for his spinal cord injury.

The Consumer Product Safety Commission established minimum standards for swimming pool slides because they have been linked with so many serious injuries, including paraplegia, quadriplegia, leg fractures, and deaths. Examples of common defects involving pool slides include material failures, environmental incompatibilities, and surface material flaws.

$20.6M award in pool slide death, Eagle Tribune, October 15, 2011

Toys 'R' Us hit with Mass. lawsuit damages, UPI, October 16, 2011

Safety Standards for Pool Slides, Consumer Watch

Related Web Resources:

Toys 'R' Us

Consumer Product Safety Commission

More Blog Posts:
Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011

Massachusetts Products Liability: CPSC Recalls More Pourable Gel Fuels Following Burn Injuries and Two Deaths, Boston Injury Lawyer Blog, September 9, 2011

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

Continue reading "Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident" »

In the wake of securities lawsuits accusing Bank of New York Mellon Corp. of defrauding investors and overcharging them on billions of dollars in currency trades over 10 years, now comes news that the government had been working with a secret whistleblower. Grant Wilson, who worked at the bank’s small trading desk in Pittsburgh, has reportedly been assisting with currency-trading probes into BNY Mellon for the last two years.

Last week, the US Justice Department and New York’s attorney general submitted separate civil lawsuits accusing BNY Mellon of misleading or defrauding public and state pension funds, universities, private companies, and banks with their foreign exchange scam. The US Attorney is also claiming mail and wire fraud. Meantime, the New York Attorney General Eric T. Schneiderman wants the bank to pay up $2 billion for the alleged securities fraud. A spokesman for BNY Mellon denies that clients were given the “least favorable” currency rates.

State attorneys general in Florida and Virginia have made similar allegations against BNY Mellon. They too have filed lawsuits based on the information from Wilson's whistleblower case.

Wilson and the whistleblower group that he belongs to could receive up 25% of whatever BNY Mellon ends up paying for lawsuits stemming for the information he provided. Wilson’s role was kept so secret that the bank’s lawyers never discovered him. He no longer works there.

According to the Wall Street Journal, Wilson kept his involvement a secret by using a shell partnership and holding meetings on the weekends and in different restaurants. In addition to telling attorneys and law enforcement officials about the financial scam and how it worked, he also gave them internal documents that charted BNY Mellon’s profits.

Whistleblower Lawsuits
Filing a Massachusetts Qui-Tam actions , also known as whistleblower lawsuit, on behalf of the government because of fraud that is being committed against it may result in financial recovery for the whistleblower.

Secret Informant Surfaces in BNY Currency Probe, Wall Street Journal, October 12, 2011

The "Secret" Whistleblower at BNY Mellon: How Grant Wilson and his New Partner in No-Crime, Harry Markopolos, Are Changing the Game, Forbes, October 13, 2011

More Boston Injury Lawyer Blogs:
Whistleblower Lawsuit Accuses Southern Care of Charging Medicare While Fraudulently Enrolling Patients in Hospice Care, Boston Injury Lawyers Blog, September 27, 2011

Massachusetts Whistleblower Lawsuits, Hospice Neglect, and Medicare Fraud, Boston Injury Lawyers Blog, July 26, 2011

Pharmaceutical Fraud May Be Grounds for Filing a Massachusetts Whistleblower Lawsuit, Boston Injury Lawyers Blog, July 23, 2011

Continue reading "Whistleblower in Bank of New York Mellon Corp. Probe to Receive Reward for Helping the Justice Department" »

A 22-year-old driver has been charged in the Worcester, Massachusetts car crash that left two people dead. A prosecutor says that Robert J. Curran was allegedly driving at 80-100 mph at around 2am when he struck the vehicle transporting 19-year-old Joel Rodriguez and 18-year-old Andres Guzman. Also injured in the Massachusetts car accident was 19-year-old Jesus Molina, who was riding in the car with Guzman and Rodriguez.

Curran, a Grafton resident, is accused of then stopping at the Worcester County traffic accident site but then leaving. He faces charges involving negligent driving, motor vehicle homicide, leaving the scene of an accident where there has been a fatality, personal injury, and property damage, speeding, and operating a vehicle while having a suspended license.

Curran, who is hospitalized at UMass Memorial Medical Center—University Campus over his injuries, has pleaded guilty to all the charges. He reportedly left the Worcester motor vehicle accident site after paramedics arrived. He then went to a Webster hospital where he told staff that he was hurt during a brawl at a bar.

Motorists are not supposed to leave a Massachusetts car accident. This means that they cannot stop momentarily and then take off—especially if anyone else involved in the crash got hurt or died.

If you or someone you loved was injured in a traffic accident that was caused by another party, you should speak with a Boston injury lawyer right away. Massachusetts motor vehicle accidents can cause traumatic brain injuries, spinal cord injuries, organ damage, disfigurement, back and neck injuries, and wrongful death.

You may be entitled to Boston personal injury compensation for medical bills, lost wages, property damage, funeral costs, burial expenses, and other damages.

Driver in double fatality is held on $20,000 bail, Telegram.com, October 11, 2011

Related Web Resources:
Car accidents, Nolo

Speeding, Advocates for Highway and Auto Safety

MASSDOT

More Blog Posts:
Can Cell Phone Addiction Cause Boston Car Accidents?, Boston Injury Lawyer, August 27, 2011

Driver in Head-On Collision Pleads Guilty to Driving to Endanger, Boston Car Accident Lawyer Blog, September 28, 2011

Foxboro Man Seriously Injured in Rollover Accident, Boston Car Accident Lawyer Blog, August 10, 2011

Continue reading "Worcester, Massachusetts Car Crash Kills Two" »

A jury has awarded 22-year-old Christopher Trejo $48.1 million in his products liability lawsuit against McKesson Corp., McNeil Consumer Healthcare, and Johnson & Johnson. Trejo claimed he developed Stevens-Johnson Syndrome and Toxic Epidermal Necrolosysis as a teenager after taking Motrin for his fever in 2005.

Soon after, skin developed lesions and blisters and he was treated for injuries similar to second-degree burns. His vision and internal organs also became damaged.

In 2008, Trejo filed a dangerous drug lawsuit accusing the defendants of negligence, design negligence, and failure to warn about certain complications. Motrin finally included warnings on its label that rashes, blistering, and reddened skin were possible risks in 2006—a year after Trejo took the pain reliever.

Trejo is not the only one to suffer severe injuries from taking Motrin. Earlier this year, a jury awarded Brianna Maya’s family $10 million in their dangerous drug lawsuit against J & J’s McNeil Consumer Healthcare.

The 13-year-old was just 3 when she took alternating doses of Children’s Tylenol and Children’s Motrin to help quell her fever. Soon after, she developed burns and blisters inside and outside her body, became blind in one eye, and was treated for burn injuries. Doctors determined that her symptoms were a reaction to taking Children’s Motrin.

When rendering its Motrin lawsuit verdict, the jury found that the Johnson & Johnson subsidiary did not properly warn consumers about the possible risk of developing SJS and TEN. In the wake of developing both illnesses, Brianna has had to undergo recurring eye surgeries, suffers from periodic lung and eye infections, and now experience seizures. She also won’t ever be able to experience normal sexual relations or have kids.

It is imperative that drug manufacturers warn of serious health complications that can result from taking any kind of medication, whether over-the-counter or prescription. While the prescription version of Motrin has always included references to TEN and SJS and potentially fatal reactions, the nonprescription version, which is the one that both Trejo and Maya took, did not specifically mention either condition by name.

Man awarded $48 million in Motrin illness case, Contra Costa Times, October 3, 2011

Motrin Lawsuit: Jury Awards Girl $10 Million for Burns and Blindness, ABCNews, June 3, 2011

Related Web Resources:
Motrin

Stevens-Johnson Syndrome , Mayo Clinic

More Blog Posts:
Boston Personal Injury Lawsuit Blames Prenatal Exposure to DES for Breast Cancer, Boston Injury Lawyer Blog, September 29, 2011

Boston, Massachusetts Accutane Lawsuits Blame Acne Drug for Severe Intestinal Problems, Boston Injury Lawyer Blog, August 2, 2011

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

Continue reading "Man Awarded $48.1M Dangerous Drug Verdict in Products Liability Lawsuit Over Motrin" »

In Middlesex County Superior Court, a jury awarded a boiler repairman $7.7 million for his Boston burn injuries that he sustained while on the job. The defendant in the case was the Falmouth condominium complex where the victim had been doing work on an industrial water heater.

The worker sustained burns to 50% of his body in November 2008 when the heater, which was supposed to be depressurized and empty, emanated steam and very hot water. The repairman was treated at a burn unit for a few weeks and he had to undergo four skin graft procedures. He also developed PTSD because of the work accident and was not able to go back to work.

According to the Boston personal injury complaint, the boiler had been inadequately maintained. The heater tank’s gauges indicated to him, as had the condo manager, that was empty, the pressure had been released, and it was ready to be repaired.

The condo complex had tried to settle the Falmouth personal injury lawsuit for $200,000.

Work Injuries
You may not be able to pursue damages from your employer for injuries sustained on the job, but third parties that played a role in causing your work accident can be held responsible for your Boston personal injury. In addition to receiving Boston workers’ compensation benefits from your employer, you may also be entitled to civil damages. There is no reason why you shouldn’t receive both.

It is important that you file your Massachusetts workers’ compensation claim right away so that you can start receiving benefits as soon as possible. You can also start working with a lawyer right away to start exploring other legal options.

The outcome of this Massachusetts injury case is an example of why you shouldn’t settle right away because you may be entitled to receive so much more for the harm that you suffered.

Workers' Compensation, Massachusetts

The International Society for Burn Injuries

More Blog Posts:
Family that Obtained Massachusetts Workers’ Compensation Over 2005 Plum Island Construction Accident Wants Newburyport Wrongful Death and Injury Recovery, Boston Injury Lawyer, April 11, 2011

Salem Construction Accident at Massachusetts Courthouse Last Summer Caused by Wrong Screw, Boston Injury Lawyer, January 19, 2011

Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber, Massachusetts Workers' Compensation Lawyer, October 5, 2011

Continue reading "$7.7M Boston Personal Injury Verdict Awarded to Boiler Repairman Burned by Defective Water Heater" »