Boston Injury Lawyer Blog

Massachusetts Governor Deval Patrick has signed a bill that widens the medical authority to nurse-midwives. Under the new law, midwives will be allowed to order and interpret tests and therapeutics, as well as write prescriptions. It also gets rid of the requirement that a nurse-midwife has to practice with a team that includes a licensed doctor with admitting privileges. Nurses will have to, however, have a clinical relationship with an obstetrician-gynecologist that can give consultations, as well as practice within a health care system.

The state’s Department of Public Health will be responsible for registering the names of nurse-midwives who can issue prescriptions. The public health department will also work with the Board of Registration in Medicine and the Board of Registration in Nursing to authorize the controlled substances for which a nurse-midwife can receive certification.

Boston Midwife Malpractice
Every state has its respective laws regarding nurse-midwives, which is the term given to midwives who have authorization to work in a hospital environment. Unlike lay midwives, nurse-midwives have to be medically trained. Regardless of whether a person is a lay midwife or nurse-midwives, midwives are there to assist a woman during the birth while overseeing the care of both mother and child afterwards.

While working with a midwife can provide a pregnant woman and her child with support and services normally not obtained through an obstetrician/gynecologist, there are certain risks involved. Midwives, like other medical professionals, can be held liable for Boston medical malpractice if failure to act as a reasonable midwife results in serious injury or death to the mother or child.

Contact our Boston injury lawyers to find out whether you have grounds for a Massachusetts nurse-midwife malpractice case.

Law gives Mass. midwives greater medical authority, Boston, February 2, 2012

Massachusetts Nurse Midwives

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

Aspirin Causes Some People More Harm than Good, Says Study, Boston Injury Lawyer Blog, January 21, 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

50 years after her birth, Arline MacCormack believes that the DES drug that her mother took while she was pregnant has caused her to now develop breast cancer. MacCormack, a Newton resident, is one of more than 50 women in the US have filed products liability lawsuits against the drug manufacturers for marketing diethylstilbestrol to women who were expecting babies between 1938 and the early 70’s. Millions of women in different countries took the drug to prevent birth problems, include premature births and miscarriages.

It wasn’t until 1971, after a studied showed that taking DES increased the chances that the female babies might develop vaginal cancer years later, that the FDA told physicians to stop prescribing the drug to women who were pregnant. Since then, thousands of dangerous drug lawsuits have been filed by DES daughters who claim the drug caused their infertility issues, cervical cancer, and vaginal cancer. A lot of these products liability cases were settled before going to court.

MacCormack’s Boston DES lawsuit is considered the first significant lawsuit claiming a connection between breast cancer and DES in women over 40. She is blaming 14 drug manufacturers, including Bristol-Myers Squibb Co. and Eli Lilly and Co,. for not letting the FDA and doctors know that DES came with serious safety risks and actually did not stop miscarriages from happening.

The Newton woman was 44 when she was diagnosed with the disease. She says the type of breast cancer she has is more associated with women over 60.

MacCormack’s claims are supported by a recent study involving National Cancer Institute researcher Dr. Robert Hover. The study suggests that DES daughters older than 40 have a 1 in 25 risk of developing breast cancer, while other women in that age range (until they turn 55) have a 1 in 50 chance. Drug manufacturers have disputed this.

Earlier this month, a federal judge in Boston heard the drug makers’ motions claiming that the opinions of the experts the female plaintiffs’ have cited aren’t based on reliable science. They want any testimony from the experts excluded from the case. U.S. Magistrate Judge Marianne Bowler, however, turned down their motions and has told the drug manufactures to go into mediation with the women plaintiffs.

Boston lawsuit claims DES-breast cancer link, USA Today, January 10, 2012

Judge orders talks in DES-breast cancer case, MassLive, January 20, 2012

More Blog Posts:
Aspirin Causes Some People More Harm than Good, Says Study, Boston Injury Lawyer Blog, January 21, 2012

Adverse Reactions to Diabetes Meds, Antiplatelet Drugs, Blood Thinner, and Insulin Linked to Elderly Seniors Ending Up in the ER, Reports New Study, Boston Injury Lawyer Blog, November 26, 2011

Man Awarded $48.1M Dangerous Drug Verdict in Products Liability Lawsuit Over Motrin, Boston Injury Lawyer Blog, October 7, 2011

Continue reading "Another Boston Injury Lawsuit Blames DES Drug for Causing Newton Woman’s Breast Cancer" »

According to news reports, forty-seven-year-old Barbara Wood of Middleborough died today aboard a Royal Caribbean cruise ship while it was off the Florida coast. She apparently slipped on stairs and fell down a staircase, and hit her head. Although rushed to the infirmary, Wood was pronounced dead approximately an hour later.

Wood was on a five-day cruise on the Royal Caribbean’s Liberty of the Seas. Like most cruise ship companies, the Royal Caribbean says it was prepared to handle medical emergencies. According to a spokesperson for the Royal Caribbean, each ship has 24-hour medical professionals, as well as an infirmary stocked with a plethora of pharmaceuticals and equipment, including x-rays and cardiac defibrillators.

As this incident indicates, cruise ships, while hot spots for vacationing and sightseeing, are also prime breeding groups for all types of injuries—from slip-and-fall accidents, to food poisoning, to sexual assaults and rape, to fires and collisions. Whether this particular ship’s medical equipment and facilities were adequate is currently unknown, and some people are skeptical about whether cruise ships are generally prepared for life-threatening situations.

This accident comes only a few weeks after the devastating Carnival Corp. accident that resulted in several deaths when it crashed off the coast of Italy. Cruise ship accident cases can be difficult to litigate because such ships are often governed by antiquated maritime and international laws. Individuals injured in cruise ship accidents should seek immediate medical attention and contact a skilled personal injury lawyer to determine their best avenue of recovery.

Middleborough woman dies aboard cruise ship in waters off Florida, Boston.com, January 30, 2012.

Cruise lines say they’re prepared for medical emergencies, Sun-Sentinel.com, January 30, 2012.

According to news reports, police have arrested a suspect in the 2010 hit-and-run crash that killed 81-year-old Christos Agganis. The suspect, 24-year-old Steffany Barbanti of Saugus, is suspected of striking the 81-year-old man then fleeing the scene and is being charged with leaving the scene of a fatal crash. She was arrested on Saturday, January 28, exactly two years to the day of the accident, supposedly as a result of an anonymous tip. Barbanti is expected to be arraigned today in Lynn District Court. Police also learned that, around the time of the crash, Barbanti had work done on her SUV. This charge comes after two years of investigation and thousands of dollars in reward money.

In January 2010, Agganis was apparently crossing the street in Saugus, on his way to a restaurant run by his relatives, Hammersmith Inn Restaurant in Saugus. Agganis apparently visited the restaurant several times daily and lived across the street. He was killed in the crash. Agganis’ nephew, who was inside the restaurant, looked outside the restaurant window and as he heard the car crash and saw the driver just keep driving.

Hit-and-run accidents are incredibly troubling for police, victims, and their families. In many cases, locating a hit-and-run driver can be close to impossible. Victims, therefore, fear whether their accident will be covered by insurance or if they have any legal recourse for their medical expenses and lost wages. Fortunately, some insurance policies will protect such a victim via uninsured motorist (UM) coverage where a driver cannot be located. If you have any questions about how to recover from a hit-and-run accident in Massachusetts, contact a Boston personal injury lawyer today.

Saugus police make arrest in 2010 hit-and-run crash that killed 81-year-old Christos Agganis, Boston.com, January 30, 2012

Arrest made in 2-year-old Saugus hit and run, Boston.com, January 30, 2012

A former Massachusetts dentist was sentenced to one year in jail by Fall River Superior Court, after pleading guilty earlier in January to a host of charges. Fifty-three year old Michael Clair pleaded guilty to assault and battery, illegally prescribing medications, defrauding Medicaid, and illegally prescribing medications. According to prosecutors, Clair sometimes used parts of paper clips—instead of stainless steel posts—when performing root canals in an attempt to save money. Patients of Clair have reported infections, pain, and other problems as a result of this improper dental work.

Clair’s dentistry license was suspended in Massachusetts back in 2006 and he is currently not licensed to practice in any state. Although prosecutors requested a sentence of five to seven years, Clair only received one year.

Dentists and doctors have a duty of care to their patients, and patients should not leave an office in a worse state than which they entered. Unfortunately, however, dental malpractice and medical malpractice can occur more often than imagined, and victims of malpractice may be eligible for compensation. For the protection of you and your family, before making an appointment with a doctor or dentists, or at least before signing a contract or paying money, you should seek a personal recommendation or referral or check the doctor’s reviews online.

Dentist who used paper clips gets year in jail, Boston.com, January 30, 2012

Dentist Who Used Paper Clips Gets Year in Jail, ABCnews.com January 30, 2012

Mass. dentist who used paper clips instead of stainless steel in root canals admits to fraud, WashingtonPost.com, January 24, 2012

Nearly two years after a Quincy fire at a basement apartment claimed the lives of Oudah Moshah Frawi, 9, and his sons Ali Oudah Frawi, 1, and Hassan Frawi, 2 months, landlords Jason Huang and Andy Huang have been convicted of manslaughter over their deaths. The Norfolk Superior Court jury also convicted the brothers of wanton or reckless violation of state building codes. The Huangs are facing up to 20 years in prison.

The blaze started in the basement apartment where the family’s sofa caught fire. Also injured in the fire was Terri Knight, who was Frawi’s wife and the mother of the two boys. She sustained severe burn injuries to her hand. It wasn’t until three weeks after she was admitted to a hospital, when she woke up from a coma, that she found out her family had perished.

Authorities say that the apartment had been illegally built and lacked a proper escape route and smoke detectors. The building also had four utility meters, even though there were apartment units, and was illegally wired.

Knight later filed a $10M Quincy wrongful death lawsuit against Andy Huang and his wife accusing them of negligent maintenance and other careless acts that are grounds for a Massachusetts premises liability case.

Landlords that fail to make a building safe for tenants can be held liable for Boston premises liability in the event of a fire. Failure to install smoke detectors or fire alarms, establish proper exits, properly maintain electrical wiring, and abide by local, state, and federal safety codes are just some of the reasons why a tenant or his/her family might file a Massachusetts personal injury or wrongful death complaint.

Landlords convicted in blaze, Boston Herald, January 28, 2012

Quincy grocer sues lamp manufacturer in fire that killed man, 2 young sons, Patriot Ledger, July 3, 2010

More Blog Posts:
Quincy Wrongful Death Lawsuit Seeks $10 Million Over Deadly Blaze Inside Illegal Apartment, Boston Injury Lawyer Blog, April 14, 2009

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, 2012

Continue reading "Landlords Found Guilty in Quincy Fire that Killed a Father and Two Sons" »

Britax Child Safety, Inc. is recalling 14,220 Chaperone Infant Car Seats due to a defect that could cause the harness straps to fail. The NHTSA says it does not know of any injuries or deaths related to this product defect. In Massachusetts, do not hesitate to contact our Boston products liability lawyers if you believe your child’s injuries were caused by a defective safety seat.

The safety issue involves the rivet that attaches the harness adjuster to the child safety seat. Because the rivet is defective, the adjuster may separate from the the seat, causing the safety straps that are supposed to keep the baby in his/her seat to fail.

Recalled Britax models include the:
• E9L692K
• E9L692J
• E9L692L
• E9L692M

These were made between September 2010 and April 2011.

A child safety seat is supposed to keep its rider properly secured so that in the event of a Massachusetts car crash he/she is protected and the chances of serious injury or death are minimized. Unfortunately, there are car seats that not safe for use and may cause more harm than help.

Common child safety seat defects:
• Latch defects that prevent them from staying secure and locked during an accident
• Poor quality straps that can easily tear
• Strap adjusters that allow/cause the straps to fit too tight or too loosely
• Seat frame defects

Car seat defects can cause a child to be thrown from the seat, become trapped, or injured.

It is important to know that not all car seats are for every age group or child or can be used with all cars. Also, Child safety seat manufacturers must provide clear instructions on how to use these products.

Consumer Advisory: Britax Recalling 14,220 Child Safety Seats for Safety Harness Straps That Will Not Properly Restrain Child, NHTSA, January 27, 2012

Britax

More Blog Posts:
Boston Child Injuries: Do Some Toys Cause Hearing Problems?, Boston Injury Lawyer, December 26, 2011

Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer, October 15, 2011

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

Continue reading "14,200 Britax Child Safety Seats Recalled Over Defective Harness Straps" »

The uses of the iPhone and its myriad apps—aiding travel, entertainment, and even weight loss—are countless. Yesterday, however, the iPhone served a particularly noble cause: helping arrest a suspect in a robbery at an MBTA station. According to news reports, on Tuesday, a woman reported that around 9:30pm she was at the Beaconsfield T station on the MBTA’s D Line when she was pushed from behind and had her face pressed against the wall. The woman gave up her purse upon the robber’s demand—turning over her money, checkbook, keys, iPod, and iPhone.

Thanks to the iPhone’s “MobileMe App,” however, the police were able to track down a suspect in the robbery within a few hours. This application apparently permits the iPhone’s user to track the phone—as long as it’s turned on—in real time. After initially reporting the incident to the police, the woman began to track the movement of her phone (and thus the suspect) using this app. She reported the phone’s movements to the police, who used this information to spot a teenager matching the woman’s description of the robber and who was carrying a phone. Indeed, the teen was carrying the woman’s iPhone. Since the teenager is considered a juvenile, his name has not been released.

Similar incidents of iPhone apps—including the “Find my iPhone” app and the iPhone’s GPS—aiding law enforcement in catching burglars and felons have been reported in other states. Along with these tracking devices, specific iPhone apps have been designed to aid law enforcement, including the Miranda Warning, Vehicle Identification System, “Spanish for Police,” and DUI Warning and Test Instructions.

Robbery is an all-too-frequent offense in Boston. If you have been the victim of a robbery, or have suffered personal injuries from an attack by a robber, a Massachusetts lawyer can help you recover what you deserve.

iPhone app helps Brookline Police arrest T stop robbery suspect, Boston.com, January 25, 2012

Police iPhone Apps, policeiphoneapps.com

According to news reports, a propane tank exploded at Weston High School today at a construction site. Neither the high school building—apparently about 25 feet from the propane tank—nor any student was affected by the explosion, and the fire was quickly extinguished. A 50-year-old construction worker, however, did appear to receive second-degree burns on his face, hands, and knee from the explosion and was immediately brought to Boston’s Brigham & Women’s Hospital. The cause of the explosion is current unknown, but is being investigated.

Construction sites are prime locations for injuries to occur, since they are often contain heavy equipment like forklifts and cranes, scaffolding, electrical equipment, and hazardous substances, along with dust and fumes. Construction workers thus risk falling from great heights, being crushed by heavy equipment, or being exposed to unsafe toxic chemicals.

Workers who are injured on the job, or who believe their work environment poses safety hazards, may file a complaint to have OSHA (Occupational Safety and Health Administration, a division of the U.S. Department of Labor) investigate your case.

Depending up on the cause of a propane tank explosion or other construction accident, you may be able to hold another—such as the construction company, the tool or equipment designer or manufacturer, or another negligent employee—accountable for your injuries. An experienced Boston construction and personal injury lawyer can provide you with insight into your legal options.

One worker hurt when propane tank explodes at Weston High School construction site, Boston.com, January 24, 2012

Propane Explosion at Weston High School, Patch.com, January 24, 2012

According to media reports, firefighters removed a mother and three children—suffering the effects of carbon monoxide poisoning—from their Hyde Park home on Monday morning, and transported them to a local hospital. Apparently, the family had contacted the Boston fire department on Sunday night because the family’s carbon monoxide detector had gone off. Upon reaching the house, however, the fire department’s meter did not read any levels of carbon monoxide inside, so the department advised the family to replace the battery in its detector.

On Monday morning, however, the mother and her three children all felt sick, and were removed from the house and taken to the hospital. The four individuals are expected to return home from Mass General Hospital on Monday night. An investigation into whether the fire department’s detector was faulty or malfunctioning is being conducted.

According the U.S. Environmental Protection Agency (EPA), carbon monoxide can kill people before they are even aware of its presence, since it is a colorless and odorless gas. At low concentrations, the gas can cause dizziness, chest pain, fatigue, nausea, headaches, and flu-like symptoms. At higher levels, it can cause loss of consciousness, impaired vision, angina, and death. However, symptoms vary not only upon level of concentration, but also upon length of exposure to the gas as well as a person’s age and health.

Carbon monoxide is most frequently produced by engine fumes, wood and kerosene heaters, charcoal grills, and motor vehicle exhaust. To reduce the risk of exposure to toxic fumes, the EPA urges people to turn off cars when inside the garage, and to carefully check gas appliances, wood stoves, and central heating systems to ensure proper maintenance and ventilation.

Property owners have the responsibility to ensure their premises are safe, which includes ensuring proper protections against carbon monoxide poisoning are in place. Along with an owner’s family to monitor and maintain carbon monoxide safety, carbon monoxide exposure and poisoning can result from defectively manufactured detectors that fail to go off. If you or a loved one has suffered from carbon monoxide exposure and/or poisoning, contact a Boston personal injury lawyer today to seek justice and recovery.

Mother, three children from Hyde Park taken to hospital after carbon monoxide exposure, Boston.com, January 23, 2012

Carbon monoxide drives four from Hyde Park home, Boston Herald, January 23, 2012

According to Boston fire officials, a Hyde Park mom and her three kids were treated at Massachusetts General Hospital today after they suffered from carbon monoxide poisoning. The four of them were removed from their residence this morning.

Fire Department spokesman Steve MacDonald said they were called to home the evening before after the CO detector went off. However, when firefighters arrived at the residence, they did not detect carbon monoxide in the air and they advised the family to change the detection device’s battery.

The home’s owner, Jean Louisia, said that police might not have been able to detect the CO because he had opened the windows. Later that evening, the device went off again and Louisia unplugged him.

It wasn’t until around 6:30am this morning while Louisia was driving to work that his 20-year-old daughter called to express concern that her mom and siblings weren’t feeling well. (Firefighters that arrived at the scene this morning recorded high carbon monoxide readings on the premise.)

Carbon Monoxide Poisoning
Because you cannot smell or see carbon monoxide, it can creep up on a victim without his/her knowing, causing serious injuries, including brain damage, and even death. Nonelectric boilers, fuel-fired furnaces, certain types of space heaters, ovens, gas stoves, other appliances that use gas, or a vehicle left running in the garage can cause carbon monoxide poisoning in the home. The wintertime, when a lot of these appliances are in use, is when many CO poisoning accidents happen. Appliance malfunction or the external vent to a fuel-burning appliance getting clogged up by snow are just two reasons why too much carbon monoxide might leak into the air.

Depending on the source of the carbon monoxide leak, there may be someone that should be held liable for the injuries sustained by you or your loved ones. An experienced Boston injury lawyer can help you explore your legal options.

Mother, three children from Hyde Park taken to hospital after carbon monoxide exposure, Boston.com, January 23, 2012

Carbon monoxide drives four from Hyde Park home, Boston Herald, January 23, 2012

Protect Your Family and Yourself from Carbon Monoxide Poisoning, EPA

More Blog Posts:
Nantucket Carbon Monoxide Poisoning Incident Sends 11 Apartment Residents to the Hospital, Boston Injury Lawyer Blog, April 16, 2011

Sterling Man Sues Strip Club for Worcester Personal Injury Over Alleged Beating By Club Employee, Boston Injury Lawyer Blog, March 18, 2011

4-Year-Old Dudley Boy Dies in Auburn, Massachusetts Escalator Fall Accident, Boston Injury Lawyer Blog, March 16, 2011

A raging Massachusetts fire at a three-story Allston house early this morning has sent seven Boston University students to the hospital. A few people had to jump out off a top floor window to escape to safety. At least one person is in critical condition.

The Boston Fire Department says the fire is under investigation to determine its cause. The building is listed as a single-family home with the Assessing Department. However, fire officials said that the structure had been turned into apartments with students residing on different floors, including the attic and the basement.

It is not known at this time whether the building had working fire detectors. The damage to the building from the Boston fire was so severe that it will likely be torn down.

Unfortunately, fire accidents do happen and thousands of people are injured and killed as a result. According to the US Fire Administration, 16,705 people were injured and 3,320 others killed in 2008 in the US alone. 84% of civilian fire fatalities took place in residences. There were over 1,400,000 reported fires that year. 36% of them were structure fires.

If you or someone you love suffered burn injuries or other injuries fire that you believe was caused by another party’s negligence or could/should have been prevented, you should talk to a Boston injury lawyer immediately. Common causes of building and residential fires:

• Faulty wiring
• A fire left on accidentally and/or without supervision
• A candle knocked over
• A defective electrical product that malfunctioned
• Lighting equipment or electrical system malfunction

It is the responsibility of property owners to make sure that their premises do not have any foreseeable fire hazards and that there are proper fire prevention and safety measures in place. This could include working fire alarms, fire extinguishers, and (when buildings are involved) fire escapes and/or fire exits. That said, property owners are not the only one that may be held liable in the event of Massachusetts burn injuries or deaths resulting from a fire. For example, the manufacturer of a defective electrical product could be held liable, as the operator of the business where a fire broke out.

Students leap from upper floor of Allston building to escape fire; one critically injured, Boston.com, January 22, 2012

Seven BU students hurt in raging fire, Boston Herald, January 22, 2012

More Blog Posts:
Electrical Issue May Have Cause Fatal Westfield, Massachusetts Fire that Killed Elderly Couple, Boston Injury Lawyer, February 18, 2011

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

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

Continue reading "Seven Boston University Students Injured in Allston Apartment Fire" »