Boston Injury Lawyer Blog

In recent years, student incited violence has made national headlines as injuries and deaths have resulted. From the Columbine High School massacre in 1999 to the suicide of Phoebe Prince, the South Hadley High School girl who was bullied online in 2010, the country has been a witness to how youth violence can lead to adult consequences. With schools now more than aware of what can happen, are they doing enough to protect their students?

Recently, Just North of Boston, 29 Lynn English High School students were suspended after videos of two girls brawling were posted online. Dozens of kids surrounded them, cheering the brawlers, while others used their cell phone cameras to record the fight. Criminal charges will likely be filed against the two girls.

Gone are the days when the idea of two girls fighting conjured up only images of hair pulling and shoving, which, our Boston injury lawyers would like to note, can also result in at least one, if not both persons, getting hurt. Just last Friday, a 10-year-old California girl suffered a fatal traumatic brain injury after she and another girl, age 11, fought each other in a nearby alleyway over a boy.

Meantime, the country is also reeling after Monday’s deadly student shooting at an Ohio high school where 17-year-old Lane gunned down high school students who were at a cafeteria table. Three of the victims have died. Two others are recovering from their injuries. Lane has confessed to the shootings. He says he chose his targets at random.

Can schools be held liable when violent crimes happen under their watch? Depending on the specifics of what happened, the answer can be yes. For example, Prince’s family settled their Hampshire County, Massachusetts wrongful death lawsuit with the South Hadley Public School District.

Mass. high school girls fight on tape, dozens suspended, charges loom, CBS News, February 28, 2012

Girl who died after school fight was bleeding inside skull, Los Angeles Times, February 28, 2012

Ohio Shooting Suspect Confesses, Prosecutor Says, The New York Times, February 29, 2012

More Blog Posts:
Hampshire County, Massachusetts Lawsuit in Phoebe Prince’s Bullying Settled for $225K, Boston Injury Lawyer Blog, December 31, 2011

Andover High School Confirms Hazing Allegations, Boston Injury Lawyer Blog, November 30, 2011

Three Teens Injured in Canton Group Home During Brawl, Boston Injury Lawyer Blog, June 30, 2011

Continue reading "Are Massachusetts Schools Doing Enough to Prevent Student Violence?" »

According to a recent study, poor people are less likely than people with more money to file a medical malpractice complaint. This finding contradicts the “unconscious bias” possessed by many doctors who wrongly think that low-income patients are more likely to sue.

The researchers of the study say that this type of bias might make a doctor less willing to treat low-income patients, out of fear of not getting paid, or if he/she were to provide medical care then the quality or type of service might be different than what would be rendered to a patient with more money. Per Monterey Orthopaedic and Sports Medicine Institute in California Dr. Ramon Jimenez, who is the author of the study, says that it is important that doctors become aware of this bias.

More on the study can be found in the journal Clinical Orthopaedics and Related Research. Jimenez and his team looked at social and medical studies to determine the difference in medical malpractice claims and litigation rates among patients that are socially disadvantaged compared to those that are not. Jimenez is recommending that physicians become more culturally competent, which should help them better relate to or treat someone belonging to a different ethnicity, race, socio-economic status, sex, or sexual orientation.

One reason poor people are not as likely to file a complaint is that they believe they lack the resources to make this happen. Our Boston injury lawyers want you to know that your first consultation with a Massachusetts medical malpractice law firm is free. Should you decide to work with an attorney, you will only have to pay legal fees if a settlement or verdict is reached and that amount will come from the money you recover and not out of your own pocket.

It is the patient that suffers when medical mistakes are made or inadequate medical care is provided. Do not be intimated about exploring your legal options or worry that filing a Boston medical malpractice case is an action that you cannot afford.

Poor Patients Less Likely to Sue Doctors, Analysis Shows, US News, February 28, 2012

Clinical Orthopaedics and Related Research

More Blog Posts:
Did Boston Surgical Error Cause Red Sox Relief Pitcher to Miss Baseball Season?, Boston Injury Lawyer Blog, February 24, 2012

Massachusetts Dentist Gets Year in Jail for Using Paper Clips in Root Canals, Boston Injury Lawyer Blog, January 30, 2012

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

The Centers for Disease Control says that there is a chemical in certain paint removers used to stripping bathtubs that is being linked to 13 deaths. The fatalities occurred in 10 states in residential bathrooms that didn’t have enough ventilation. The CDC’s Morbidity and Mortality Weekly report said the chemical, methylene chloride, is considered potentially deadly to factory workers and furniture strippers but had not been previously linked to bathtub refinishers. The federal agency is urging manufacturers, trade groups, and public health agencies to warn employers, consumers, and workers about the risks.

If you believe your loved one died from exposure to methylene chloride while on the job, you may be able to obtain Massachusetts workers’ compensation death benefits from his/her employer. While you cannot pursue civil damages from the company or person that your family member worked for, you may have grounds for a Boston wrongful death case or a Massachusetts products liability claim against the manufacturer of the product that contained the high levels of methylene chloride yet didn’t include a warning of the potential dangers or provide instructions on how to ensure proper protection.

10 products containing 60 to 100% of the chemical methylene chloride have been linked to the 13 fatalities. The products were marked to the aircraft industry or for use on metal, wood, masonry, or glass. The product labels don’t say anything about bathtub refinishing.

According to the CDC, the death toll could be higher, because the current count doesn’t factor into account self-employed workers and those believed to have died of heart disease when, actually, exposure to methylene chloride was the cause. The CDC is cautioning that it is best not to use the chemical in the bathroom, which can linger in bathtubs after it is applied. Proper ventilation and protective equipment is also recommended when one has to be exposed to methylene chloride.

CDC: Common Bathtub Refinishing Chemical Can Be Deadly, Time, February 24, 2012

New CDC Alert to Consumers: Bathtub Refinishing Products Deadly, EmaxHealth, February 25, 2012

More Blog Posts:
Judge Upholds $20M Massachusetts Products Liability Lawsuit in Woman's Pool Slide Death, Boston Injury Lawyer Blog, February 22, 2012

Landlords Found Guilty in Quincy Fire that Killed a Father and Two Sons, Boston Injury Lawyer Blog, January 28, 2012

Easthampton Police Officer Faces Forced Retirement After Work Injury, Boston Workers' Compensation Lawyer Blog, January 17, 2012

Continue reading "Products Liability?: 13 Deaths Linked to Bathtub Refinishing Chemicals" »

Bobby Jenks, the Red Sox relief pitcher, claims that a Boston medical mistake during spinal surgery caused him to have to undergo an emergency procedure 18 days later. Now, Jenks may not be able to pitch this season.

Jenks underwent spinal decompression surgery at Massachusetts General Hospital last December. The procedure was supposed to alleviate a back condition. The urgery was performed by Dr. Kirkham Wood, who heads up MGH’s orthopedic spine service.

Jenks says that following the first procedure, he was leaking spinal fluid, suffered severe headaches, experienced severe pain, and developed an infection in his incision wound. 18 days after the surgery, he underwent an emergency procedure while in Arizona. Jenks says that if he didn’t have the second surgery the infection might have spread to his brain. (If, in fact, a medical error caused the complications that Jenks experienced, the Red Sox baseball player may have grounds for a Boston medical malpractice case against the Massachusetts hospital)

According to the Boston Globe, Jenks’ experience is once again raising questions about the type of care the Red Sox provides its team members. Jacob Ellsbury, the Red Sox center fielder, claims that the team made a wrong diagnosis of a rib injury he sustained in 2010 (this is an allegation that the team denies). After outfield prospect Ryan Kalish suffered a torn shoulder labrum last year, he was told to go to rehab. Several months later, he ended up requiring surgery.

In addition to the bills that can pile up because of a medical mistake, there may be other damages, including pain and suffering, lost wages, and career setbacks that have to be considered. Working with an experiencd Boston injury lawyer can increase your chances of getting the maximum financial recovery possible.

Jenks: Error was made in surgery, Boston Globe, February 24, 2012

Red Sox restructure medical staff, ESPN, January 19, 2012

More Blog Posts:
Massachusetts Dentist Gets Year in Jail for Using Paper Clips in Root Canals, Boston Injury Lawyer Blog, January 30, 2012

State’s Supreme Judicial Court Rules that Massachusetts Medical Liability Lawsuit Can Include Wrongful Death Claim Despite Deadline’s Passing, Boston Injury Lawyer Blog, October 30, 2011

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

According to news reports, explosions were heard this morning before a two-alarm fire roared through a Winthrop home, damaging the house and injuring family members inside. Around 8:30am, neighbors called 911 and the Winthrop Fire Department responded to the scene. A father was home with his two adult stepdaughters at the time. The all were able to escape the house without assistance. However, the father suffered serious, though thankfully not life-threatening, burns and was rushed to Mass General. The women were primarily treated for respiratory conditions. Our sympathies are with the family as they recover.

This fire is one in a series of fires that have occurred in the Greater Boston area (Back Bay, Dorchester, etc.) in the last several weeks. Here, however, authorities are unsure what caused the explosions and flames—heard and seen by neighbors— that damaged the home. Unlike a fire in Dorchester earlier in the week, there is no lit cigarette to blame (as least yet). Investigators have considered the possibility of gas leaks and shut off gas supply to the house, though all is still very speculative. It appears that firefighters were able to halt the fire before it made its way to other homes in the neighborhood.

Responsibility for a fire can rest on numerous individuals, including landlords, building designers, contractors, manufacturers, owners, tenants, or guests. If you or a loved one has been injured in a fire you believe was caused by the negligence of another, it is important to contact an attorney to seek optimal financial recovery for personal injuries and property damage.

Three hurt in fire, explosions at Winthrop house, The Boston Globe, Metro, February 23, 2012

Three people injured after fire and ‘multiple explosions’ damage Winthrop home; cause under investigation, Boston.com, February 23, 2012

A judge has upheld the $20M Andover wrongful death verdict awarded to the family of a woman who died after she was injured while going down an inflatable pool slide. Robin Aleo, 29, sustained fatal injuries when the slide partially collapsed as she descended head first and she struck her head on the pool deck.

After the Andover swimming pool accident, Aleo, who suffered a spinal cord injury and broke her neck, became a quadriplegic that couldn’t breath without help. She was later removed from life support.

Her family filed an Essex County, Massachusetts products liability complaint against Toys “R” Us, which imported the Banzai Falls in-ground slide that was made in China. They contended that the slide was never tested to see if it fulfilled federal standards.

Safety standards dictate that pool slides have to be able to safely carry up to 350 pounds without deforming or collapsing. Attorneys for the defense contended that because the slide was inflatable, it isn't subject to the testing that is generally required for other pool slides.

Last year, a jury awarded the family $20.6M in Andover wrongful death damages. Toys "R" Us filed a motion asking that the verdict be lowered and a new trial take place. A Superior Court judge denied both requests.

While no money can make up for the death of a loved one, it can provide family members with some financial relief while allowing them to hold any responsible parties liable for wrongdoing. Product manufacturers, sellers, distributors, and importers must make sure that the consumer goods that they sell meet all safety standards so that the chance of serious injury or death is decreased. Even if the party didn’t manufacture the product but played a role in the chain of distribution that allowed consumer goods to enter the market, that person or entity could be ordered to pay damages.

$20 million verdict upheld in pool slide lawsuit, Boston, February 17, 2012

$20M Verdict Upheld in Massachusetts Pool Slide Lawsuit, Insurance Journal, February 20, 2012

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

“Metal-on-Metal” Hip Replacement Devices May Increase Cancer Risk, Says Study, Boston Injury Lawyer Blog, February 13, 2012

Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol, Boston Injury Lawyer Blog, January 11, 2012

Continue reading "Judge Upholds $20M Massachusetts Products Liability Lawsuit in Woman's Pool Slide Death" »

It’s no secret that high school kids host parties with underage drinking. It’s also no secret that sometimes these parties don’t always end well—news reports of underage drunk driving accidents, and even deaths, speak for themselves. You’re all familiar with the incredibly tragic scenario. A high school party. Underage binge drinking. 3am car crash. The case on which today’s decision was based stems, not surprisingly, from a similar tragic fact pattern that occurred in 2007.

Who can be held responsible? Who pays in liability suit or a wrongful death suit? The teenagers who held the party? The friends or parents who supplied the alcohol? The hurt teenager himself, who was drinking illegally?

The Massachusetts Supreme Judicial court unanimously ruled today that teens who host parties where underage drinking occurs cannot be held civilly liable—usually meaning responsible for monetary damages—if they did not supply the alcohol. The court “reaffirm[ed] that liability attaches only where a social host either serves alcohol or exercises effective control over the supply of alcohol.”

This case centers on the concept of social host liability. There is no national tort standard on liability in this type of situation. In the current case, the court decided not to expand tort liability to teenagers who are just providing a location for the party to take place.

The Massachusetts Social Host Liability Law provides that adults who own a home where minors—other than a child or grandchild—are drinking can be charged with a misdemeanor punishable by a $2000 fine and a year in jail. This is even the case if the adult homeowner (or an adult in control of the home) did not provide the alcohol to underage individuals.

Law requires parents to take responsibility, Boston.com, January 29, 2012

SJC rules that teens who host underage drinking parties but don’t supply alcohol can’t be held liable in civil lawsuits, Boston.com, February 21, 2012

A three-alarm fire at 5:45am, apparently caused by a cigarette on the second floor porch, caused several injuries and left nine individuals homeless when it destroyed a three-story home on Harvard Avenue in Dorchester. A 13-year-old boy was rushed to Massachusetts General Hospital with burns on his head. Five firefighters were also taken to local hospitals with cuts and chest pains. According to reports, no injuries are life-threatening.

The estimated damage caused by the fire is $500,000. A white van parked outside the home was also destroyed by the spreading fire.

Responsibility for a fire can rest on numerous individuals, including landlords, building designers, contractors, manufacturers, owners, tenants, or guests. In this case, beyond being caused by a cigarette, it is currently unclear who was involved in starting the fire and how exactly the fire began—including who lit the cigarette, whether it was left unattended, if it thrown on the porch while still lit, whether the building was up to code, etc. The owner of the home has not yet been reached.

If you or a loved one has been injured in a fire you believe was caused by the negligence of another, it is important to contact an attorney to seek optimal financial recovery for personal injuries and property damage.

Dorchester fire injures five firefighters and 13-year-old boy, Boston.com, February 20, 2012

A Massachusetts in her 90’s died Sunday morning when her clothes caught fire while she was making coffee in the kitchen of her Somerville home that is located on Boston Avenue. The woman passed away before firefighters were able to arrive at the scene.

According to Somerville Fire Deputy Chief Jim Lucia, the fire appears to have sucked up the majority of oxygen in the kitchen. Although the fire was contained to that area of the three-bedroom house, some $75,000 in property damage was sustained. Lucia says that the victim appears to have died from severe burns and smoke inhalation.

At this time, our Boston injury lawyers do not know what caused this deadly fire. However, if a product defect allowed the clothing to catch fire too easily, then the woman’s family could have grounds for a products liability case against the manufacturer, distributor, and/or seller of her clothes and/or its fabric.

There is a federal standard in place to ensure that clothing is made with materials that prevent them from being highly flammable. Unfortunately, there are some fabrics that ignite more quickly than others, which means that once they catch fire they can spread more easily over the rest of the fabric and the body of the person wearing them, making it difficult for the victim to get away from the flames. Serious second- and third-degree burn injuries and even death may result.

If the clothing caught fire because another product, such as an appliance, malfunctioned, the victim or his/her family may be able to pursue Boston products liability damages from those responsible for the chain of manufacture and distribution of that particular consumer good. Another possible liable party might be the owner of the property where the fire occurred if he/she could/should have prevented the accident from happening.

Elderly woman dies in Somerville kitchen fire, Boston.com, February 19, 2012

Somerville woman, 94, dies in fire, Boston Herald, February 19, 2012

More Blog Posts:
Landlords Found Guilty in Quincy Fire that Killed a Father and Two Sons, Boston Injury Lawyer Blog, February 19, 2012

Seven Boston University Students Injured in Allston Apartment Fire, Boston Injury Lawyer Blog, January 22, 2012

Worcester Building that Collapsed During Fire, Killing One Firefighter and Injuring Another, May Have Been Poorly Maintained, Boston Injury Lawyer Blog, December 10, 2011

Continue reading "Elderly Somerville Woman Dies After Clothes Ignite in Massachusetts Kitchen Fire" »

An hit-and-run accident this week in Fall River left a 52-year-old woman with a broken leg and other serious injuries. Police allege that 32-year-old Antonio Martis hit Donna Adams as she was crossing the street after leaving a bakery, got out of the car and looked at her, then backed up—driving over Adams’ legs as he did so—and sped away. According to news reports, one car stopped to let Adams cross the street, but Martis’ vehicle was traveling so quickly on the wet roads and he was unable to stop in time. Witnesses to the accident began to chase Martis, who ended up striking a parked car and then a utility pole—leaving Martis’ face bleeding from the airbags that deployed. Martis has been charged with an leaving the scene of an accident, OUI, and assault and battery.

A witness to the accident took out his cell phone and began recording the accident after he saw Adams struck by the vehicle. He apparently captured Martis’ vehicle driving over Adams’ legs before he sped away.

The Massachusetts legislature and courts take hit-and-run accidents very seriously. Adams’ injuries could have been even more serious, and even fatal, and our sympathies are with Adams and her family.

Luckily, Martis could be tracked down and arrested by the police. In many hit-and-run accidents, the driver cannot be located, which can complicate insurance issues and a plaintiff’s chances of recovery. However, Martis’ failure to post $500 cash bail is certainly not a great sign for Adams’ civil recovery prospects, since defendants with deep pockets tend to heighten a plaintiff’s chances of compensation. Information on the extent of Martis’ insurance coverage (or lack thereof) has not been disclosed.

Man Accused of Driving Drunk, Hitting Same Woman Twice In Fall River, CBS Boson, February 14, 2012

Alleged OUI driver charged in Fall River hit-and-run being held, HeraldNews.com, February 15, 2012

Local woman survives horrific hit & run, WPRI.com, February 15, 2012

As our Boston injury lawyers have mentioned before, sometimes we cover cases and incidents occurring outside of Massachusetts. In this post, we would like to address whether or not a state can be sued for injury or death when a child placed under its supervision gets hurt.

In Maine, the mother of a missing 20-month-old daughter says she plans to sue the state of Maine for civil damages. Trista Reynolds says that the state’s Department of Health and Human Services didn’t’ do enough to protect Ayla Reynolds.

Social service workers had sent the toddler to live with Justin DiPietro, who is Ayla’s dad, when Reynolds had to go to rehab for alcohol addiction. Ayla disappeared from DiPietro’s home in December. He says she was nowhere to be found one morning.

Reynolds says that background checks were supposed to be conducted on
everyone in DiPietro’s residence. Well-child visits were also supposed to happen on a frequent basis. Yet despite expressing concerns to DHHS on several occasions about her daughter’s well-being, Reynolds says that no one looked into her concerns.

Reynolds claims that the week that Ayla was given to DiPietro, he took out a life insurance policy on their daughter. Reynolds says she also plans to sue social services. Last month, blood found in DiPietro’s home was confirmed to be Ayla’s.

When the state exercises the ability to place someone’s child—whether with a family member, a foster home, or with someone else—it can be held liable in certain instances if failure to exercise the necessary care allowed the child to get seriously hurt or die. A negligent party doesn’t need to have been the direct cause of Boston personal injury or wrongful death in order to be liable for damages. Sometimes, it is a failure to act or actions that allowed the incident to happen that can be grounds for a case.

Mother Of Missing Maine Toddler Considers Lawsuit Against State, CBS Boston, February 14, 2012

Report: Ayla Reynolds' father took out life insurance on toddler before she disappeared, CBS News, February 15, 2012

Ayla Reynolds Case: Blood Found in Home Belongs to Missing Girl, ABC, January 30, 2012

More Blog Posts:
Hampshire County, Massachusetts Lawsuit in Phoebe Prince’s Bullying Settled for $225K, Boston Injury Lawyer Blog, December 31, 2011

Dorchester Toddler Dies After Driver Accidentally Leaves Him in Day Care Van for Several Hours in 80 Degree Weather, Boston Injury Lawyer Blog, September 17, 2011

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

Continue reading "Missing Toddler’s Mom Intends To Sue the State " »

The CPSC and BSH Home Appliances Corp. are recalling approximately 835,000 Tassimo Single-Cup Coffee Makers in the US over concerns that the product poses a burn injury hazard. Some 140 reports have already been filed about the coffee makers spraying coffee grounds, hot liquid, or tea leaves onto people. Already there have been 37 reports of people suffering second-degree burns. One of the victims was a 10-year-old girl who was hospitalized after sustaining burns to her neck and face.

Please contact one of our Boston injury lawyers if you sustained burn injuries because of a consumer product. Altman & Altman LLP represents clients throughout Massachusetts.

Second-degree burns can be painful, cause swelling, redness, blisters, and pain. They can impact hair follicles and sweat glands. Failure to properly treat a deep second-degree burn can cause it to become a third-degree burn, which can affect the dermis, epidermis, and hypodermis. The skin may become charred and numb. Skin tissue and structures can sustain permanent damage and there may be severe scarring. Depending on the severity of the third-degree burns, muscle, fat, and the bone may also be affected.

Burns most associated with defective or malfunctioning products include:
• Scalds from liquids that are hot
• Thermal burns from flames or objects that are hot
• Electrical burns caused by a faulty electrical product
• Burns sustained in a car fire caused by a malfunctioning auto part

Manufacturers can be held liable for Boston products liability if a product proves defective, unsafe, or malfunctions. Other potentially responsible parties may include the distributor, retailer, or the owner of the product if the one who was injured is not that person.

Burn injuries can be painful, traumatic, and debilitating. Treatment can be very painful and costly. There is no reason why you should have to carry the financial burden that come with getting the necessary medical care.

Tassimo Single-Cup Coffee Makers Recalled by BSH Home Appliances Due to Burn Hazard, CPSC, February 9, 2012

Burns, MayoClinic

More Blog Posts:
“Metal-on-Metal” Hip Replacement Devices May Increase Cancer Risk, Says Study, Boston Injury Lawyer Blog, February 13, 2012

Consumer Groups Urge Recall of Bumbo Baby Seat, Boston Injury Lawyer Blog, February 8, 2012

14,200 Britax Child Safety Seats Recalled Over Defective Harness Straps, Boston Injury Lawyer Blog, January 27, 2012

According to The Telegraph, early findings from a British study on “metal-on-metal” devices indicates that using an all-metal hip implant may up the risk of a patient developing cancer and sustaining genetic damage. Per the study, conducted by orthopedic consultants in England and run by the University of Bristol, the bladders of over one in five patients who were monitored appear to have undergone cellular changes after they received the implant devices.

Obviously, this is more bad news for patients that with “metal-on-metal” hip devices. As our Boston injury lawyers have mentioned before, these hip implant users already have had a lot to contend with over concerns involving early failure rates and the risks of metal poisoning, which could occur should traces of metal enter a patient’s blood stream (this also may increase the chance of cancer), inflammation, and destroyed bone and muscle from metal pieces breaking off because of the friction created by the metal cup and ball.

For this latest study, 72 patients were studied. Genetic damage was found in the bladders of 17 participants. Three of them ended up developing cancer. That this many people experienced changes to their DNA is important to know because it is this damage that could eventually turn into cancer.

If you believe your injuries or health complications may be a result of your all-metal hip implant device, our Boston products liability law firm wants to hear from you. According to the New York Times, as of December more than 5,000 defective implant lawsuits had been filed over all-metal replacement hip implants. Some 3,500 of the products liability complaints involve DePuy hip implants. Johnson & Johnson is DePuy's parent company. In 2010, the medical device manufacturer recalled some 40,000 DePuy all-metal implant devices. Also, although DePuy's Pinnacle all-metal hip implants haven’t been recalled, there are some patients who are reporting similar problems.

Hip replacement patients could face increased risk of cancer, The Telegraph, February 4, 2012

The High Cost of Failing Artificial Hips, The New York Times, December 28, 2011

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

Defective Medical Device?: DePuy Hip Replacement Recall Leads to Products Liability Lawsuits, Boston Injury Lawyer Blog, September 29, 2010

Transvaginal Mesh: FDA Wants Manufacturers to Conduct Three-Year Studies on Complications, Boston Injury Lawyer Blog, January 14, 2012

Continue reading "“Metal-on-Metal” Hip Replacement Devices May Increase Cancer Risk, Says Study" »

A Cambridge, Massachusetts resident was killed in a snowboarding accident on Saturday when he hit his head on the ground, swerved off the trial, and crashed into a tree. He appears to have been wearing a helmet at the time. Unfortunately, according to news reports, 29-year-old Sylvan Walton suffered severe injuries to the chest and brain and could not be revived. Walton was staying at a resort in Vermont with friends. It appears that he was an experienced snowboarder—although he hadn’t snowboarded in the last two years—and was on a black diamond trial at the time of the accident.

Skiing and snowboarding fatalities due to collisions with off-trail trees are not all that uncommon. And, as this tragic incident suggests, even precautions like wearing a helmet do not ensure protection from accidents that occur in what can be considered a relatively high-risk sport. Our sympathies are with the friends and family of Mr. Walton.

Cambridge man dies in snowboarding accident at Jay Peak Resort in Vermont, Boston.com, February 12, 2012

This week, patient advocates went to the State House to press lawmakers into backing a proposed law that mandate that the Massachusetts Department of Public Health set up minimum standards for assisted living facilities with dementia care units. This would include requiring all nursing homes that care for patients with dementia and Alzheimer’s provide dementia-specific training for supervisors, direct-care workers, and activities directors. Activities designed specifically for dementia patients would also be required.

Considering that over half or Massachusetts nursing home patients have dementia, it is important that the workers and staff that provide them with care understand their special needs. However, although similar legislation has been proposed over the last several years, no law has been put in place. In 2005, 44 other states already had specific requirements about staff training and security at facilities that provide specialized dementia care.

Not only do dementia patients have specific symptoms and needs for care, but as their condition progresses they continue to become easy targets for Boston nursing home abuse and neglect. Many dementia patients are suffering from severe and permanent memory loss. They may have trouble remembering people, places, and events, find it difficult to perform routine tasks without help, experience problems communicating, and suffer from other challenges.

Our Boston nursing home negligence lawyers represent assisted living facilities and their families seeking damages for the neglect and abuse they have suffered.

Contact Altman & Altman LLP and ask to speak with one of our Boston injury lawyers today.

Proposal requires minimum standards for dementia care in Mass. nursing homes, Boston.com, February 7, 2012

Massachusetts Department of Public Health, Mass.gov

Nursing Home Compare, Medicare.gov

More Blog Posts:
Proactively Choosing the Right Assisted Living Facility for Your Loved One Can Decrease The Chances of Boston Nursing Home Abuse and Neglect, Boston Injury Lawyer Blog, November 28, 2011

Law Prohibiting Dangerous Sex Offenders From Living in Massachusetts Nursing Homes is Unconstitutional, Rules Supreme Judicial Court, Boston Injury Lawyer Blog, August 29, 2011

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

The issue of child sexual abuse continues to make headlines in the US. This week, the spotlight is on Massachusetts, where an ex-Newton elementary teacher has been charged with allegedly sexually assaulting a child that he babysat and a Woburn Little League coach is accused of committing sex acts via the Internet with boys he met online.

As our Boston injury lawyer blog has mentioned in the past, Massachusetts child sexual abuse is a serious problem that can lead to devastating physical and emotional injuries for victims. You may be able to pursue compensation from the perpetrator and others that may have been involved—even if they didn’t play a direct role in the abuse or assault but could/should have prevented it.

In these latest incidents, David Ettlinger, the 34-year-old former teacher, pleaded not guilty to multiple charges, including those for counts of aggravated indecent assault and battery on a child under the age of 14, child pornography possession, posing a child in a nude state, posing a child in sexual conduct, and secretly recording someone that was partially nude. Prosecutors say that Ettlinger had images of him “indecently assaulting” the victim stored on his computer.

While he had been registered with Sittercity.com, the Boston Globe could not confirm whether he obtained the babysitting job through the service. If he did, depending on other specifics, the alleged victim’s could sue the company for Massachusetts personal injury for allowing David Ettlinger to offer himself as a sitter through its site. Ettlinger recently pleaded not guilty to other Massachusetts child sex abuse charges that are unrelated to this case.

Meantime, Raymond W. McAllister, 20, has pleaded not guilty to child enticement, posing a child in a nude state, and putting out material that could harm a minor. The Little League coach for a boys’ team of 12- to 14-year-olds allegedly admitted to police that he frequented Web sites that were popular with teen boys. He would then allegedly use Skype to persuade some of them to take part in mutual sex activity via the Internet. (According to a State Police report, in addition to Little League coaching duties in the past McAllister has volunteered at a kid’s Bible camp and also teaches Jujitsu to children and young teens)

The Massachusetts sex abuse allegations come just a couple of days after the entire teaching staff at a California elementary school was replaced because two of its teachers were accused of sexually abusing students. The alleged abuse incidents are said to have taken place in classrooms during school hours. One teacher is accused of “playing games” with both boys and girls, binding and gagging some of them, and getting the girls to swallow spoons filled with his sperm.

Woburn Little League coach held on sex charges, Boston Herald, February 8, 2012

David Ettlinger, former Newton teacher, faces new child porn, indecent assault charges; allegedly attacked girl he babysat, Boston.com, February 8, 2012

California: More Sex Abuse Charges, New York Times, February 7, 2012

More Blog Posts:
New England Conservatory Hired Videographer Who Was Convicted Sex Offender, Boston Injury Lawyer Blog, January 17, 2012

Man Sues City of Waltham for Massachusetts Child Sex Abuse Allegedly Committed by Former Assistant High School Football Coach, Boston Injury Lawyer Blog, December 19, 2011

Dorchester, Massachusetts Child Sex Abuse?: Teacher's Assistant Accused of Lewd and Lascivious Behavior Involving Disabled Student, Boston Injury Lawyer, December 13, 2011

Continue reading "Massachusetts Child Sex Abuse Allegations Lead to Charges Against Former Newton Teacher and Woburn Little League Coach " »

A set of consumer advocate groups has recommended the Consumer Product Safety Commission (CPSC) to recall the Bumbo Baby Sitter Seat, a device intended to help babies sit up earlier than they could on their own. At first glance, the product—millions of which have been sold in the United States by the South African Company, Bumbo, since 2003—seems ideal. Maybe even perfect.

The Babies R Us website describes the Bumbo Baby Sitter Seat, available at $44.99 in a variety of colors, as follows:

cleverly designed to support babies and allows little ones to sit up independently. Made from a single piece of latex-free, low-density, lightweight foam, the Bumbo Seat provides a snug and comfortable environment for your baby to sit during feedings, play time or quality time with the family. The Bumbo Baby Seat requires no straps or fasteners to hold your baby in place and helps babies make the transition to sitting upright.

Lightweight, snug, and comfortable? The Bumbo seat was initially a huge hit among parents and its popularity continues today. Yet as ideal and cost-effective as it sounds, the Baby Sitter may be much less than you bargained for.

Complaints about baby injuries from the product, including skull fractures, have been filed for months. The CPSC even issued a warning last November that the seats should only be used at ground level and not on elevated surfaces like tabletops. The warning also emphasized that the product does not have a safety belt. Moreover, the product was already recalled once in 2007 after a series of reported injuries. However, despite warnings, recalls, and products liability lawsuits here and there, serious injuries have apparently continued. The current set of consumer groups advocating recall includes U.S. Public Interest Research Group (U.S. PIRG), Kids in Danger, and the Consumer Federation of America.

Baby seats, particularly baby car seats, are a highly important concern among parents and consumer safety groups, for good reason. Our sympathies are with the children and parents who have suffered physical and emotional pain due to injuries from the Bumbo seat. We urge parents to carefully weigh the pros and cons of baby seats and other equipment for their little ones before making purchases.

Bumbo recall urged by consumer groups, Boston.com, February 7, 2012

Did Bumbo ignore child safety in favor of profits? Reuters, December 14, 2011

In a story making national headlines, the two sons of a missing Utah woman have died in a blast engineered by their father, Josh Powell, who died along with them in Washington State. Powell had lost custody of his two sons, Braden, 5, and Charles, 7, and had just been ordered to undergo psychosexual testing. The tragic ending caps a sad story of a family that entered the media spotlight when Josh’s wife, Susan Cox, disappeared in 2009. Although Josh was never charged in her disappearance, he has remained under investigation.

A social worker had brought the brothers to Josh’s home for a supervised visit. That was when things went awry, as Josh shut her out of his home. It was as the social worker was calling her supervisor to report smelling gas that the residence exploded.

Police have said that Josh first tried to kill the boys with a hatchet. Although they sustained serious injuries from the assault, it was the smoke in their lungs from the gas-infused blast that killed them. In e-mails Josh sent out prior to the murder-suicide, Powell said he couldn’t live without his sons.

Now, however, some are asking, did the state of Washington do enough to protect the Braden brothers? Why, even though he was a “person of interest” in their mother’s disappearance and had been ordered to undergo a psychosexual evaluation, was Josh allowed to see them? Why were the supervised visits allowed to take place in his home rather than at a neutral meeting place?

An attorney for Susan’s parents says they don’t believe the state mishandled the custody case of the boys.

However, it is important that you know that if you believe your son or daughter was injured or killed because the party responsible for supervising your child and his/her care at the time was negligent in fulfilling the obligation to protect him/her, you may have valid grounds for filing a Boston injuries to a minor or wrongful death case.

Obviously, each case is different—depending on the circumstances and specifics involved, but you won’t know for sure whether you have a valid claim unless you speak with a Boston injury lawyer first.

Blast kills husband of missing Utah woman, 2 boys, Boston Herald, February 6, 2012

Josh Powell Tried to Kill Sons With Hatchet Before Fatal Explosion, ABC News, February 6, 2012

Did authorities do enough to protect Powell boys?, CBS, February 6, 2012

More Blog Posts:
Landlords Found Guilty in Quincy Fire that Killed a Father and Two Sons, Boston Injury Lawyer Blog, January 28, 2012

Middleborough, MA Woman Dies on Royal Caribbean Cruise Ship, Boston Injury Lawyer Blog, January 30, 2012

Saugus Police Arrest Suspect in 2010 MA Crash that Killed Christos Agganis, Boston Injury Lawyer Blog, January 30, 2012

According to media reports, an elderly woman struck a Concord family on Commonwealth Avenue in Concord around 9 a.m. on Saturday, sending the family to the hospital and causing serious injuries to the 20-month-old child who was being pushed in a stroller at the time. The mother, 39-year-old Laura Labriola, and her 5-year-old son were released from Emerson Hospital that evening, but the 20-month-old child and the elderly woman—who had been on her way to dialysis at the time of the accident—continued to be hospitalized due to more serious injuries. After the woman hit the family, she plowed into a garage. The accident occurred at the intersection near the Route 2 rotary and the MCI-Concord prison.

Investigation into the accident is ongoing. However, investigators believe the accident may have occurred because the driver hit the gas instead of the break.

Concerns about elderly drivers and whether they should be subject to tighter restrictions and regulations are continually debated in Massachusetts. According to the Massachusetts Department of Transportation, the Medical Affairs Branch of the RMV “sets its driver license policies without regard to age and therefore has no policies based on age alone.”

Although many drivers tend to self-regulate by being aware of their driving abilities, restricting one’s driving—or stopping driving altogether—can be incredibly painful because it means an incredible loss of independence. If you are concerned about the driving ability of an elderly person, the state offers frequent free “elder driver workshops.”

Pedestrians and drivers injured in car, truck, and bus accidents should seek immediate medical attention and contact a skilled personal injury lawyer to determine their best avenue of recovery.

Cops: 2 injured in Concord accident, BostonHerald.com, February 5, 2012

Concord family hit by a car is recovering, myfoxboston.com, February 5, 2012

Elderly driver hits family in Concord, 20-month-old seriously injured, police say, Boston.com, January 4, 2012