The 23-year-old psychiatric patient was treated at the Brockton Hospital ER on May 4 for heart failure. There was dried blood in his hair and nostrils. He also had facial bruises and ligature marks on his body. The Plymouth District Attorney’s Office is investigating Messier’s death.
Meantime, the officers involve claim that after patient assaulted two cops, other officers helped restrain him. Messier then went into cardiac arrest. According to The Boston Globe, Massachusetts Correction Officers Federated Union Steve Kenneway is calling the incident a “clean use of force.” He says that that the examiner’s finding that Messier’s death was a homicide is just a legal term noting that another person was involved in the fatality.
Messier was diagnosed with paranoia and schizophrenia about six years ago after he injured his head during a golf accident. He had been at Bridgewater State Hospital, which is a correction facility, for over a month when he died.
Messier’s mom, Lisa, said she had been scared for her son while he was at Bridgewater. She wants criminal charges filed in his death. She is accusing the officers of Massachusetts police brutality, in addition to failing to help and protect a man who was clearly mentally disabled. Her family has hired a Boston wrongful death attorney.
Boston, Massachusetts Police Brutality
While most police officers are well intentioned when doing their jobs, there are cops that abuse their authority or get caught in the moment and end up using excessive force when trying to apprehend someone. Unfortunately, use of too much force can cause serious injuries and death. Police violence is a violation of one's civil rights, and you may be able to obtain Boston police brutality compensation for your injuries.
Patient’s death after scuffle is ruled homicide, Boston.com, March 10, 2010
Man restrained at Bridgewater dies, Boston Herald, May 7, 2010
Related Web Resources:
Bridgewater State Hospital, Mass.gov
Cops and the Mentally Ill, Newsweek, July 31, 2008
]]>Hammond contends that during the five weeks her mother stayed at the Kingston long-term care facility, her health declined because the nursing home staff failed to diagnose that she was suffering from a UTI. The infection caused Van Dale to feel disoriented, which is why she fell off her wheelchair.
Last July, a Massachusetts superior court medical tribunal determined that there was enough evidence for Hammond’s Massachusetts medical malpractice complaint to go forward. Hammond is determined to hold the South Shore nursing home liable for nursing neglect so that other patients won’t “suffer.”
With Discovery Rule, you have three years to file your Boston nursing home negligence lawsuit. While this cannot make up for the pain and suffering experienced by your loved one, obtaining Massachusetts injury compensation allows you to hold the negligent parties responsible.
This is one reason why you should make sure that a nursing home resident doesn’t sign away his/her right to sue for Boston personal injury in the event of medical malpractice, nursing home abuse, neglect, or negligence. Considering that, per the Boston Sunday Herald, almost 40% of Massachusetts nursing homes performed below the average during their yearly inspections, a prospective resident will want to retain the right to file a lawsuit rather than be forced to resolve the dispute via arbitration.
According to studies, resolving a nursing home abuse case through arbitration significantly lowers payouts even when serious abuse or neglect was involved. Unfortunately, most patients and their families don’t even realize that included in the thick packet of forms to sign during admission is an arbitration agreement.
Woman sues after mom’s death, Boston Herald, March 7, 2010
Related Web Resources:
Nursing Homes, Health and Human Services
Ames paid $4,700 for the elective procedure, which was supposed to be an outpatient surgery that should have lasted only an hour. However, after she was administered a local anesthesia, she began to experience what may have been adverse side effects. The oxygen in her blood dropped and her body started to violently jerk around. She was already brain dead by the time the ambulance was called.
According to Ames’ Boston cosmetic surgery malpractice lawyer, there was no anesthesiologist present during Ames’ procedure, and no one had connected her to any monitoring equipment. He says that the staff therefore had no way of determining how much oxygen she was getting. They called the ambulance 48 minutes after giving Ames her first injection.
At a Cambridge, Massachusetts hospital, Ames’ heart stopped two times. A week after she was declared brain dead, her family took her off life support.
The wrongful death defendants cosmetic surgery company Lifestyle Lift and doctors James C. Alex and Sanchayeeta Mitra. While Lifestyle Lift has expressed its condolences over Ames’ death, the company maintains that its face lift is among the safest facial procedures because local numbing medication is used instead of general anesthesia. The company claims that it did not know that Ames was allergic to anesthesia or had suffered from seizures.
Plastic surgery, even as an elective procedure, is still a medical procedure. Doctors must exercise the same care that they would when conducting other medical services for patients. Boston, Massachusetts cosmetic surgery errors can lead to disfigurement, health complications, and/or death.
Cosmetic Surgery Malpractice Can Lead To:
• Scarring
• Hematoma
• Infection
• Lidocaine overdose
• Anesthesia mistakes
• Assymetry
• Nipple loss
• Dry eyes
• Breast implants that are the wrong size
• Disfigurement
• Nerve damage
• Medication reactions
• Scarring
• Chemical burns or blisters
• Too much skin removed during face lift
• Not being able to close eyes
• Under correction
• Over-correction
It can be traumatic to have to live with the results of a botched plastic surgery procedure.
Suit ties death of woman to face lift, Boston.com, March 4, 2010
Lawsuit: Cosmetic Surgery Killed Mom Of 3, WCVB TV Boston, March 5, 2010
Related Web Resources:
Lifestyle Lift
Gerald was also injured in the Massachusetts car accident. Their children were in the car with them.
According to the family’s Massachusetts wrongful death lawsuit, as Gerald removed his foot from the gas pedal to exit off the interstate on October 18, 2009, the Camry accelerated instead of slowing down. Gerald tried to slow down the car by stepping on the brakes, but the vehicle kept picking up speed until it struck the rails. The family contends that by the time the tragic Toyota runaway car crash happened, the auto manufacturer had already received a number of complaints that some of its vehicles were accelerating out of control.
Gerald is also seeking Medford, Massachusetts personal injury damages from Toyota. He claims he has suffered emotionally and physically from the tragic crash, and he may be permanently disabled.
The federal government has come down on Toyota for the acceleration problems that have led to the recall of over 8.5 million autos in less than 6 months. Problems with ill-fitting floor mat and a sticking gas pedal are the main issues that have caused a number of vehicles to accelerate out of control, and Toyota auto products liability complaints and wrongful death lawsuits are being filed by car crash victims and the families of those that have died.
On Friday, the National Highway Traffic Safety Administration announced that it had purchased a Lexus ES350 from a woman who was involved in a sudden acceleration Toyota accident. NHTSA says they will examine the vehicle.
Local Family Sues Toyota For 'Wrongful Death', The Boston Channel, February 27, 2010
NHTSA will test runaway Toyota vehicle, The Detroit News, February 27, 2010
Related Web Resources:
NHTSA
Toyota Motor Corporation Global Site
The idea that sexual offenders who are likely to strike again are living with other nursing home patients or providing them with nursing care is very disturbing to our Boston nursing home neglect and abuse lawyers. Their presence is a danger to the other residents, who risk becoming the victims of sexual assault, rape, molestation, uninvited fondling, harassment, and other sexually inappropriate behavior.
According to Team 5, there are two level 3 sex offenders living at the Old Soldier’s Home, a Chelsea nursing home. While the two men reportedly have not reoffended, A Perfect Cause, an organization committed to protecting nursing home residents throughout the US, says it has documented over 60 incidents of sexual and physical assault committed by molesters against nursing home residents.
In 2005, John Enos, a 69-year-old level 3 sex offender and nursing home patient in a wheelchair, allegedly raped his 90-year-old roommate. Prior to the incident, Enos had sexually assaulted his 9-year-old daughter. He died before he could be tried over the nursing home sexual assault.
Although it is illegal in Massachusetts for level 3 sex offenders to “knowingly and willingly” reside in nursing homes, the statute provides a loophole. Also, nursing homes don’t’ have to notify anyone that there is a level 3 sex offender working or living at the assisted living facility.
Boston, Massachusetts Nursing Home Negligence
Not only is it the responsibility for Boston nursing homes to provide the proper nursing and medical care to residents, but they must also protect their residents from becoming the victims of any type of crime. This means ensuring that prospective nursing home workers and patients do not have histories that could make them likely to abuse or neglect other residents. Also, any nursing home patients with violent physical or sexual histories must be kept away from other residents.
Sex Predators Live, Work Inside Local Nursing Homes, WCVB TV, February 18, 2010
Information for Sex Offenders, Mass.gov
Related Web Resources:
Commonwealth of Massachusetts Sex Offender Registry
In Suffolk Superior Court, Massachusetts trooper Vincent Cila’s widow is suing the turnpike and Bechtel/Parsons Brinckerhoff for Boston wrongful death. Her Boston, Massachusetts motorcycle accident complaint claims that the sharp edges that support the handrails have the same effect on a person as would blades from a shredder. Cila was riding a motorcycle when he hit a handrail post in 2005. He severed his arm and broke his neck.
The handrails have earned the nickname “ginsu guardrails” after the ginsu knives. They were installed in the Big Dig System to prevent workers from falling into traffic.
The defendants in the Cila case claim that the handrails satisfy industry, federal, and state guidelines. However, the Boston Globe reports that experts they consulted with agree that the handrails’ design is flawed. They cite the handrails’ bars as being too widely spaced apart, which can cause a motorist to becoming entangled in the event that his/her vehicle hits the barrier. They also say that the railings should be placed higher up.
Currently, the handrails are placed a little under three feet above the ground. This is the approximate height of a car window or a motorcycle seat. The experts did say that recklessness and human error, such as speeding, and failure to wear seat belts, also contributed to the grisly Big Dig auto crashes.
Review of tunnel handrails is urged, Boston.com, February 22, 2010
Crash Deaths Spark Big Dig Tunnel Lawsuit, WCVB, February 22, 2010
Related Web Resources:
The Big Dig, MassDot
One Toyota car crash involved a Harvard University professor who died after striking another auto because he was unable to control his 2005 Toyota Highlander. Two of the professor’s loved ones and the other driver also died.
In other Toyota collision news, a woman has filed a wrongful death lawsuit against the automaker. She claims that her husband died because his Prius accelerated suddenly before crashing. Just last week, Toyota recalled 437,000 hybrids (Prius, Sai, and Lexus ) over anti-lock braking system problems. That same day, the automaker recalled 7,300 Camrys over a brake defect. On February 12, Toyota recalled 8,000 Tacoma trucks (2010 model) over possibly cracked front drive shafts.
Now, the federal government says it will open a formal probe into the over 150 complaints it has received regarding the Toyota Corolla (’09 and ’10 models) and possible steering problems. One consumer reported problems with the vehicle weaving around in the lane when it reached speeds of over 60 mph. The complaint noted that this problem has already caused four near collisions.
In 2009, the Corolla was the number one selling car in the world and ranked five on the US car bestseller list.
Our Boston auto products liability lawyers are offering free case evaluations to discuss your Toyota acceleration accident case. Auto defects that cause a motorist to lose control of a vehicle can lead to catastrophic car collisions that endangers the people in the vehicle as well as those who are on the road and in other cars.
U.S. government plans formal investigation into Toyota Corolla complaints, The Washington Post, February 18, 2010
U.S. Gets Additional Complaints of Crashes of Toyotas, New York Times, February 15, 2010
Toyota Recall News Reveals Tacoma and Prius Lawsuit, Newsoxy, February 15, 2010
Related Web Resources:
Toyota Motor Corp.
Toyota, National Highway Traffic Safety Administration
]]> If you or someone you love was seriously injured in a Boston car accident that you believe occurred because of an auto defect, it is important that you contact our Boston injury law firm immediately. ]]>If a Boston slip and fall accident happens, not only is there a possibility that the victim can get seriously hurt—broken bones, hip injuries, back injuries, spinal cord injuries, neck injuries, joint injuries, and traumatic brain injuries are not uncommon—but the premise owner may find that he/she has become a defendant in a Massachusetts slip and fall lawsuit. Granted, Massachusetts landowners are not obligated to clear snow or ice that naturally accumulates on their property. However, if a defect exists that, along with the snow or ice, contributed to causing the Boston premises liability accident, the injury victim may have grounds to sue.
Slip and Fall Accidents
Property owners are not supposed to allow any hazard to remain on their property that can cause slip and fall, trip and fall, or step and fall accidents. Other offending fall accident dangers include spilled liquids or foods, floors that have been just mopped with water/cleaning liquid but have yet to dry, stairwells that lack handrails, uneven surfaces, exposed cables or power cords, item that are left on the ground, cracks on the floor, torn carpeting, loose floorboards, and inadequately lit stairwells.
A slip and fall hazard is a premises liability. If you were injured because a property owner was negligent, you have three years to file a Boston slip and fall lawsuit against the liable party.
Massachusetts slip and fall accidents can take place anywhere. It is important that you get medical help as soon as possible and that you or someone else takes photographs of the accident site while the evidence is still intact.
Snow and ice removal a matter of safety and liability, The Sun Chronicle, February 10, 2010
Related Web Resources:
Slip and Fall Accidents: Proving Fault, Nolo
Tips to reduce slipping and falling in icy and snowy conditions, Dhhs.Mo.gov
]]> Contact our Boston, Massachusetts slip and fall lawyers to request your free case evaluation.]]>According to their Boston police brutality lawsuit, Detective Timothy Cook Sr. and Timothy Cook Jr., also a father and son, physically assaulted the Robinsons during the arrest. Robert Robinson was charged with leaving a crash site where personal injury is involved, aggravated assault and battery by means of a dangerous weapon, and negligent operation. Mario was charged with disorderly conduct and assault and battery on a police officer. The criminal charges against both of them were eventually dismissed.
In the Robinsons’ Boston police brutality complaint, which claims that their civil rights were violated, the plaintiffs say that Timothy Cook Jr. choked Mario and struck him on the face. Timothy Cook Sr. “menacingly” placed his weapon on a table, making Robert Robinson worry about his safety. Robert also claims that Cook Sr. shoved him against an elevator wall and made “derogatory” remarks in an attempt to spark a physical altercation.
The Robinsons are suing the city of Attleboro for its failure to properly train and supervise the cops—especially in cases involving victims that are the children of cops. They are seeking compensatory and punitive damages and other associated costs.
Police brutality can be grounds for a Massachusetts injury lawsuit. Examples of police violence include:
• Verbal abuse
• Intimidation
• Emotional abuse
• False arrest
• Sexual assault
• Unnecessary use of a Taser
• Unnecessary use of a gun
• Excessive use of physical force
Father, son claim excessive force was used, The Sun Chronicle, February 10, 2010
Related Web Resources:
Attleboro Police Department
Police Brutality, Human Rights Watch
]]>Peixoto, 34, relocated to Florida in March 2004. Earlier that year, he pleaded guilty to motor vehicle homicide in the death of a 79-year-old man. He was sentenced to five years probation. Peixoto's driver's license was suspended for 10 years, and he was ordered to perform 100 hours of community service.
In their Massachusetts wrongful death lawsuit, Kozak’s family is accusing the state of negligence for letting Peixoto move to Florida while he was on probation. They claim probation officials in Massachusetts violated an interstate agreement that required them to obtain the consent of Florida authorities before letting the former Cambridge resident move there. Their complaint contends that by letting Peixoto leave the state, probation officials neglected to follow the law, which required them to get the consent of the Malden District Court.
Massachusetts Wrongful Death
You may be able to hold certain parties that were not directly responsible for causing your loved one’s death liable for Boston, Massachusetts wrongful death if their negligence, carelessness, or recklessness contributed to the fatality. Wrongful death recovery may include compensation for funeral and burial costs, as well as losses of income, care, protection, services, companionship society, comfort, counsel, guidance, advice, and other associated damages.
Family, state near settlement in 2007 slay suit, Boston Herald, January 28, 2010
Before suicide leap, ex-cop left trail of deceit, rage, The Palm Beach Post, June 3, 2007
Former City Council candidate, girlfriend found dead in suspected murder-suicide, Wicked Local, June 2, 2007
Related Web Resource:
Wrongful Death, Nolo
Massachusetts Law About Sentencing, Probation and Parole, Massachusetts Trial Law Library
]]>If these proposals become law, Massachusetts would be the 20th state, in addition to Washington DC, to ban texting while driving and the 7th state to ban handheld phones. Drivers under the age 18 would be prohibited from using any kind of cell phone when there are behind the steering wheel of a car.
The National Safety Council says that at least 1.6 million US car accidents occur every year because a motorist was talking on a cell phone or texting. While texting is even more dangerous than talking on a phone, because so many more people talk on the phone while driving it is the cause of more motor vehicle accidents. Drivers who text message cause 200,000 car crashes annually, while motorists who talk on cell phones cause 1.4 million auto collisions.
Distracted Driving Accidents
Talking on the phone and text messaging while operating a vehicle are now considered distracted driving activities that can be cited as grounds for a Boston injury lawsuit or a Massachusetts wrongful death complaint.
This latest Massachusetts measure also calls for drivers older than 75 to undergo a vision test every five years before they can renew their driver’s license. The AARP disagrees with any rules that single out elderly motorists solely based on age. However, concern has been growing in the state over the recent number of Massachusetts car accidents that have involved elderly drivers whose waning mental and sensory faculties appeared to have contributed to causing traffic collisions that injured others.
Mass. House OK’s driving safety bill, Boston.com, February 5, 2010
National Safety Council Estimates That At Least 1.6 Million Crashes Are Caused Each Year by Drivers Using Cell Phones and Texting, PR Newswire, January 12, 2010
Related Web Resources:
National Safety Council
Cell Phone Laws, Insurance Institute for Highway Safety
]]> Our Boston accident lawyers represent clients throughout Massachusetts. ]]>Although one study reports that since the warning went out there has been a 19% drop in the use of atypical antipsychotics to treat elderly dementia patients, researchers say that antipsychotics still comprised 9% of all prescription meds given to these nursing home patients in 2008. Not only are antipsychotics used to treat schizophrenia and bipolar disorder, they are also used for “off label” purposes, such as controlling problem patients' conduct.
Dr. E. Ray Dorsey, the lead author of one of the studies and an assistant professor of neurology at the University of Rochester Medical Center, believes that most of the use that he documented was for “off label" purposes.The co-author of the second study, University of Massachusetts Medical School associate professor of medicine Becky A. Briesacher, notes that there is a disconnect between the prescribing patterns and the evidence.
Her study found that one-third of nursing home patients who are treated with antipsychotics are not suffering from psychosis or dementia. Also, elderly persons admitted to assisted living facilities with high antipsychotic prescription rates were more likely to also receive prescriptions for these meds.
While some nursing home patients benefit do benefit antipsychotic drug treatment, treating a patient with antipsychotics without proper cause can be harmful to the resident and may be grounds for the victim to file a Boston nursing home abuse lawsuit. Antipsychotics drug use can lead to serious side effects, such as seizures, severe lethargy, permanent involuntary muscle movements, and sudden death.
It is illegal for nursing home to administer antipsychotics to a resident unless the doctor has prescribed it and the patient has consented to the treatment. You can read more about these two studies in the Archives of Internal Medicine's January 11 issue.
Antipsychotics Still Widely Used in U.S. Nursing Homes, Business Week, January 11, 2010
Compromised Care: Psychotropic drugs given to nursing home patients without cause, Chicago Tribune, October 27, 2009
Related Web Resources:
Archives of Internal Medicine
This prohibition is part of the Obama Administration’s efforts to curb distracted driving. Talking on a cell phone and texting while driving have proven particularly dangerous, and people have died in motor vehicle crashes throughout the US as a result.
Just last May 49 people were injured in a Boston MBTA trolley accident because the 24-year-old conductor was texting his girlfriend. While MBTA operators of buses, trains, and streetcars are no longer allowed to carry cell phones while on the job, among the rest of the Massachusetts driver population only school bus drivers are prohibited from talking on a cell phone while driving. Unlike a number of other US states, Massachusetts currently does not have a law banning drivers from texting or talking on handheld cell phones. However, yesterday the Joint Committee on Transportation approved a bill banning all drivers in the state from texting. It also bans drivers under 18 from talking on a cell phone. The Massachusetts Senate and House must approve the bill before it can become law.
Truck drivers who text reportedly increase their Massachusetts truck crash risk by up to 23 times. Truckers and bus drivers who text inevitably have to take their hands off the steering wheel and their eyes off the road. When this occurs, a public bus, a school bus, a tractor-trailer, a semi-truck, or an 18-wheeler truck turns into a dangerous and deadly fast-moving vehicle. Meantime, Some US Senators are calling on the US Transportation Department to extend its federal texting ban to all motorists.
It is never a good idea to text message or surf the Web while driving. In the event of a catastrophic Massachusetts motor vehicle collision, the negligent driver can become the defendant of a Boston injury case.
Mass. lawmakers propose law to ban text messaging while driving, Masslive.com, January 28, 2010
Senators urge expansion of federal ban on texting by truckers, bus drivers, StarGazette, January 26, 2010
U.S. Transportation Secretary Ray LaHood Announces Federal Ban on Texting for Commercial Truck Drivers, US Department of Transportation
MBTA: Conductor in Boston trolley crash was texting his girlfriend, Boston.com, May 8, 2009
Related Web Resources:
Cell Phone Driving Laws, Governors Highway Safety Association
Thibault, who is Danielle’s identical twin, was mentally ill. She had received treatment for her condition at McLean Hospital. Psychiatrists at the Harvard-affiliated psychiatric facility had diagnosed the 39-year-old with bipolar disorder in 2007. After discharging her from the Belmont hospital they recommended outpatient therapy and prescribed psychotropic drugs. However, the Lamberts claim that McLean’s doctors failed to warn them that Marcelle might be a danger to herself and those close to her.
On the night of the tragic incident, four months after she was discharged from the mental hospital, Thibault arrived at the Lamberts home to pick up the kids for a sleepover. Earlier in the evening, Massachusetts State Police almost detained her for a psychiatric evaluation. She reportedly was behaving strangely on an I-495 median and she even hit a motorist who tried to help her.
Thibault took her nephew and niece back to the median where she stopped her vehicle, parking it in the wrong direction. She took off the kids’ clothing, as well as her own clothes, and ran with them into oncoming traffic. A week after her death, the Middlesex district attorney’s office ruled the Lowell pedestrian accident a murder-suicide.
Other defendants in the Massachusetts wrongful death lawsuit are Katryn Healy, a licensed social worker, and psychiatrists Dr. Mia D. Pfleging and Dr. Matthew E. Bernstein.
A party does not have been the direct cause of Massachusetts wrongful death in ordered to be named as a defendant. A defendant can be held liable if their allegedly negligent actions contributed to causing the death.
Parents' suit blames hospital in children's Lowell I-495 deaths, January 27, 2010
Lawsuit faults McLean in death of 2 innocents, Boston.com, January 26, 2010
Related Web Resources:
Wrongful death, the General Laws of Massachusetts
Howe was accused of striking one state trooper and trying to flee the scene. Police arrested him after a brief pursuit and he was charged with assault and battery on a police officer.
The family’s Massachusetts injury attorney says that Howe never attempted to resist arrest. According to the driver of the pickup truck that the Worcester man was riding in, the trooper pulled Howe from the vehicle and started yelling out that she had been assaulted. 10 – 20 cops then surrounded Howe, who afterwards was unable to stand up unassisted. Police picked him up and dragged him to a cruiser.
While in the booking room at Andover State Police Barracks, Howe became unconscious. He was transported to Lawrence General Hospital where he was declared dead.
Howe’s relatives have said that the “blunt force” injuries to the chest and head that killed Howe were a result of police beating him during his arrest. This week, the Chief Medical Examiner’s office ruled that the Worcester man’s death was a homicide, with “beating” as the cause of the victim’s fatal injuries. However, the medical examiner’s office was quick to point out that it is not assigning criminal wrongdoing or blame. Final forensic and autopsy findings are still pending.
Massachusetts Police Brutality
If you believe that your loved one sustained injuries or died while in police custody because a Massachusetts police officer used excessive force when apprehending, questioning, arresting, or interrogating him/her, you should not be afraid to report the incident. Police brutality is a violation of a person’s civil rights. Even if no wrongdoing is found on the part of an officer or a police department, you may have grounds for filing a Massachusetts police brutality complaint.
Medical Examiner: Death in cop custody a homicide, Boston Herald, January 23, 2010
Man Dies In State Police Custody After Arrest, WBZ, November 27, 2009
Related Web Resources:
Office of the Chief Medical Examiner's Office, Mass.gov