Worcester County and Middlesex County tied for first place as the counties with the most traffic fatalities—56 deaths each. The state of Massachusetts also saw a decline in the number of drunk driving-related deaths by 20% from 155 fatalities in 2007 to 124 deaths in 2008.

More 2008 Massachusetts Traffic Facts:
227 vehicle occupant deaths
422 drivers that died
At least 61 of the drivers were younger than 21
At least 120 of these victims were not properly restrained at the time of their deaths
42 motorcycle deaths—a drop from the 62 Massachusetts motorcycle rider fatalities in 2007
75 pedestrian deaths

Nationally, the US Department of Transportation reported a 9.7% decline in traffic deaths between 2007 and 2008. 37,261 people died in US traffic accidents last year, with substantial drops in nearly every major category, including light truck occupant fatalities and passenger car occupant deaths.

US Transportation Secretary Ray LaHood also noted that the country had implemented major steps to improve road and vehicle safety, increase seat belt use, and decrease the number of drunk driving accidents.

More 2008 US Traffic Statistics:
2,346,000 injuries
11,773 alcohol impaired-related fatalities
5,811,000 traffic accidents
677 large truck deaths
5,290 motorcycle fatalities
4.378 pedestrian deaths
716 pedalcyclist fatalities
23,000 large truck injuries
96,000 motorcycle injuries
69,000 pedestrian injuries
52,000 pedalcyclist injuries

While the overall decline in traffic deaths is of positive note, there are still too many people getting hurt or dying in Massachusetts traffic crashes. In many instances, an injured person’s own motor vehicle or medical insurance is not enough to cover all recovery costs, medical expenses, and lost wages.

Mass. traffic deaths drop 16 percent in 2008, Boston.com, July 3, 2009

Overall Traffic Fatalities Reach Record Low in 2008, NHTSA

Related Web Resources:
View State-by-State 2008 Data, NHTSA

2008 Traffic Safety Annual Assessment- Highlights (PDF)

Just today, an 83-year-old Malden driver faces negligent operation charges following an accident that left a 78-year-old woman with life-threatening injuries. Police want the Massachusetts Registry of Motor Vehicles to evaluate whether the man’s license needs to be revoked.

Already this week the Massachusetts Registry of Motor Vehicles took away the driver’s license of Virginia Nelson, an 86-year-old Malden motorist. She is accused of hitting and seriously hurting an 84-year-old Medford pedestrian in Melrose over the weekend.

The pedestrian, Francis Blomerth, is in critical condition at Massachusetts General Hospital. Melrose officials believe that Blomerth was in the crosswalk when Nelson's vehicle struck him.

Massachusetts and local police are investigating the Melrose pedestrian accident. At this time, Nelson has not been cited for any crime.

On June 15, elderly motorists were involved in separate Massachusetts auto crashes in Lawrence and Andover. The drivers lost control of their vehicles, striking a lamp post, trees, and cars.

On June 3, a 73-year-old Middleboro driver accidentally drove her minivan into a crowd of people attending a Vietnam War Memorial in Plymouth. Eight people went to the hospital.

On June 2, a 93-year-old driver hurt a mother and toddler in a stroller when he drove his car into a Danvers Wal-Mart. He stepped on the gas pedal because he thought he was stepping on the brake.

Representative Chairman Joseph Wagner says lawmakers are going to put together a comprehensive bill and place it on the “fast track” so that it is ready for a floor vote by September.

The bill calls for elderly drivers to pass a road and vision test every five years after they turn 85 if they want to renew their Massachusett's driver’s license. Under current state law, individuals must only pass a vision test every 10 years.

There are many reasons why a Massachusetts jury might find a motorist liable for causing your Boston car accident.

Lawmakers hear call for more regulation of elderly drivers, Boston.com, June 30, 2009

Legislators discuss proposed elderly driving bill tomorrow, The Eagle Tribune, June 29, 2009

Driver, 86, has license revoked after allegedly hitting pedestrian, Boston.com, June 29, 2009

Related Web Resources:
Senior Drivers, Insurance Information Institute

Elderly Drivers, DRDriving.org

Horn was charged with motor vehicle homicide by negligent operation for the Stoughton pedestrian accident, and the state of Massachusetts has revoked her driver’s license. The Registry of Motor Vehicles considers her an “immediate threat.”

Horn has been found responsible for causing five car accidents since 1982. The senior driver was also driving when her husband was killed in a 1992 auto collision.

Charles Gunther Horn died of “massive crushing chest injuries” after Horn’s vehicle “drifted” off Highway 101 in California, striking a sign post and tree branches before flying over Highway 169 and “overturning.” The coroner’s report indicates that Horn fell asleep. No criminal charges were filed against her.

Since her husband’s death, Horn was found at fault for two Newton motor vehicle crashes that occurred within a 3-month period in 2001. In 1995, she was cited for speeding in West Roxbury.

The tragic accident is once more calling attention to state Senator Brian A. Joyce’s efforts to push forward legislation requiring Massachusetts drivers, 85 and older, to pass a comprehensive test every 5 years. There is growing concern that many older drivers may have lost the alertness and quick reflexes needed to prevent a motor vehicle accident from happening.

For older seniors, it can be hard for them to accept that the time may have come for them to surrender their car keys. Not only must they deal with losing some of their independence, but giving up/losing their driving privileges could impact their living situation and their ability to see friends or take part in certain activities.

Regardless, it is important for drivers of all ages to make sure that they are able to safely operate their motor vehicles on Massachusetts roads so that no one gets hurt—otherwise, the motorist could be held liable for personal injury or wrongful death if a tragic traffic accident occurs.

Senior was driver in husband’s fatal crash, Boston Herald, June 26, 2009

Woman, 89, charged in accident that killed girl, 4, Boston.com, June 16, 2009

Related Web Resources:
Why Giving Up the Car Keys Is Such a Loaded Issue, Caring.com

Time for talking is over for old drivers, Boston Herald, June 19, 2009

Senator Joyce talks about his bill to test elderly drivers, Audio.Weei.com, June 15, 2009

The force of impact from one train colliding with the other was so strong that the striking train became compressed to approximately one-third its actual size, and a number of people were crushed to death. Rescuers had to use a crane to locate some of the bodies and firefighters had to use other heavy equipment to cut open the cars and rescue the survivors that were trapped inside.

8 of the people that died were train passengers. Jeanice McMillan, the train operator of the striking train, was also killed in the deadly train collision.

The National Transportation Safety Board is trying to determine the cause of the deadly train crash. Some of the possible factors under consideration include signal failure, mechanical problems, computer failure, and train operator error. Investigators are working to retrieve recorders from the train that was hit. The train that initiated the collision, however, is an older train that does not come with this device.

NTSB official Debbie Hersman says that a few years ago, the NTSB had recommended that the older fleet either be retrofitted or phased out. Back then, the NTSB noted safety problems involving trains rolling back on the tracks and operators being unable to stop the them.

Hersman says it is “unacceptable” that Metro did not act on the recommendations. Metro says that it has, however, upgraded the emergency exits and braking systems of the older trains. The striking train in Monday’s crash belongs to the 1000 series of trains that, according to the Washington Post, is now being phased out. These trains make up 30% of the Metrorail’s train fleet. Officials are calling Monday’s train collision the worst in the Metrorail’s history.

NTSB: Train in crash was recommended for phaseout, Boston.com, June 23, 2009

Nine Killed in Red Line Crash, The Washington Post, June 23, 2009

Related Web Resources:
Massachusetts Bay Transportation Authority

Metro Home Page

Young awarded Castucci’s widow $3 million for loss of financial and emotional support. Two of the murdered man’s children, Brian and Lisa, were each awarded $750,000. His two other children, Richard and Denise, are to each receive $500,000. The family received an additional $743,600 for the income that Castucci would have made if he hadn’t died, as well as $8,000 for funeral costs.

Flemmi, who is serving a life prison sentence, and John Martorano, a former hit man who became a government witness, provided details about Castucci’s murder. After Bulger and Flemmi discovered that Castucci was an informant, Martorano shot him in the head.

In 2008, US District Judge Reginald C. Lindsay issued a ruling holding the FBI responsible for Castucci’s murder because of the agency's negligent management of Flemmi and Bulger. Bulger continues to be one of the fugitives on the FBI’s Most Wanted list.

This is the third wrongful death complaint filed against the federal government involving their mishandling of the gangsters. All three lawsuits have resulted in outcomes that favored the plaintiffs.

In 2006, a judge ordered the FBI to pay Quincy Fisherman John McIntyre’s brother and mother $3.1 for his Massachusetts wrongful death. McIntyre was murdered in 1984. An appeals court upheld that award. Just last month, the government was ordered to pay the families of Michael Donahue and Edward Halloran almost $8.25 million for their murders.

Losing someone you love is hard. It can be especially devastating to know that they died because they were murdered. The criminal justice system can hold people accountable for their crimes, and you, too, may able to hold them accountable in civil court.

Judge awards $6.25 million to family in 1976 mob killing, Boston.com, June 11, 2009

Rat Pack pal’s kin seeks money in Whitey Bulger hit, Boston Herald, May 18, 2009

Related Web Resources:
James J. Bulger, FBI.Gov

Wrongful Death, General Laws of Massachusetts

Unfortunately, many people around the world still fail to recognize and/or stop elder neglect or abuse when these incidents happen. The more people are made aware that elder abuse and neglect exists, the easier it will be for them to identify such incidents and take steps to protect their loved ones. Otherwise, elder abuse and neglect incidents will continue to occur in private residents and in nursing homes throughout the world.

Elder Abuse
Elder abuse involves intentional acts that cause injury or poses a serious risk of harm to an elderly person. The person that commits elder abuse is usually someone who has a relationship of trust with the vulnerable elderly person, such as a nursing home worker, a professional caregiver, someone placed in charge of the elderly person’s financial affairs, or a family member thrust into the role of caring for an elderly relative. Elder abuse can consist of physical abuse, emotional abuse, sexual abuse, financial exploitation, neglect, or abandonment.

OWL, The Voice of Midlife and Older Woman, says that in the United States 1-2 million elderly Americans are the victims of elder abuse. People suffering from dementia are at greater risk of becoming abuse victims. In 2007, The Long Term Care Ombudsmen received some 14,000 allegations of nursing home neglect or abuse.

Not only do our elderly deserve to be treated with respect and have their civil rights upheld—which cannot happen if they are being abused or neglected—but mistreating an elderly person increases their fatality risk by 300%.

Signs that your elderly loved one is a victim of abuse or neglect:

• Unexplained bruises, cuts, or broken bones
• Injuries or deaths that occurred after an elderly person was not supervised properly
• Sudden weight gain or loss
• Mood swings or depression
• The elderly person appears fearful or withdrawn or upset for "no good reason"

World Elder Abuse Day, International Network for the Prevention of Elder Abuse

Elder Abuse: A Women's Issue, OWL

Related Web Resources:
Nursing Homes, Mass.gov

Nursing Homes in Massachusetts, NursingHomeInfo.com

With people living longer, the Insurance Institute for Highway Safety says that by 2025, 25% of all US drivers will be at least 65, and there is a growing concern that some older drivers may become less safe drivers as their reflexes get slower, their vision blurs, or their health deteriorates.

In Massachusetts last Friday, seven people got hurt in a Plymouth car crash involving a 73-year-old driver who drove over a curb and into a crowd of people that were attending a war memorial. This was the third car accident that the elderly driver was involved in since she turned 70.

In Danvers, on Thursday, a mother and a toddler got hurt when a 93-year-old motorist accidentally drove his car into a Wal-Mart in Danvers.

NHTSA 2007 Older Population (65 and Older) Traffic Statistics:
• There were 30 million older drivers with licenses.
• There were 38 million people age 65 and older in the US.
• 196,000 older people got hurt in US traffic accidents.
• 79% of deadly traffic accidents involving older drivers occurred during the day.
• 71% of these fatal crashes involved other motor vehicles.
• 64 of the 551 drivers involved in deadly Massachusetts traffic crashes belonged to this older population.

According to the Insurance for Highway Safety’s 2007 Fatality Facts Involving Older People:
• Auto collisions make up 1% of deaths involving people age 70 and above.
• Today’s older drivers are keeping their licenses longer and traveling more miles via roads.
• Per mile traveled, fatality crash rates go up at age 75 and after age 80.

Pressure mounts to test elder drivers, Boston.com, June 8, 2009

Older people 2007 Fatality Facts, IIHS.org

Traffic Safety Fact Sheets, NHTSA

Related Web Resources:
Safe Roads Now, AARP.org, Senior Drivers

Insurance Information Institute

The plaintiffs contended that the three companies knew or should have known that grease from the exhaust pipe in the restaurant kitchen had leaked into the ceiling. They claim that this caused the fireball that killed Cahill and Payne. While Payne died immediately, Cahill died from smoke inhalation.

Autopsy reports indicate that there were signs of cocaine in Payne’s system and alcohol in Cahill’s body. This information was given to the defendants before a Massachusetts wrongful death settlement was reached. The attorney for Continental Realty maintains that his client did nothing wrong.

J & B Cleaning had been hired to clean the stove, the area around it, and the floor under it. Massachusetts fire codes require restaurants to make sure that exhaust ducts are cleaned each quarter and all grease buildup is eliminated. While J & B cleaned the hood and the stove, a cleaning receipt shows that the company failed to clean the duct.

The two firefighters' families will share the Boston wrongful death settlement, with a portion of it to go to the city and another firefighter that got hurt in the blaze. Since the deadly West Roxbury blaze, Massachusetts and Boston have created tougher regulations that commercial kitchen grease cleaners have to follow. Boston cleaners now have to register with the Fire Department and pass a certification test before they can work in a city restaurant.

Boston workers that are injured or killed on the job are likely entitled to Massachusetts workers’ compensation benefits. They also may be entitled to Boston personal injury damages—or their families may be able to obtain Boston wrongful death compensation if a third party is found liable for causing the work accident.

Families get $2.2 million in BFD Tragedy, Boston Herald, June 6, 2009

2 firefighters die, 12 hurt in blaze, Boston.com, August 30, 2007

Related Web Resource:
Fire Department, City of Boston

Wrongful Death, The General Laws of Massachusetts

The car, which entered through the store entrance, struck two cash register stations.

Senior Drivers
According to Helpguide.org, senior drivers are at higher risk than younger drivers of becoming involved in multi-vehicle car accidents. Of course, it is important not to generalize, as there are many senior drivers that can drive safely and capably well into their golden years. It is also important to note that a senior injured in a car crash is more likely than younger persons to sustain injuries that could prove fatal. The deadly crash rate for a driver in his or her 70's increases dramatically.

Factors of Aging that Can Impair Driving Include:
• Failed vision
• Loss of hearing
• Slower reflexes
• Limited mobility
• Health conditions, such as Parkinson’s, rheumatoid arthritis, or sleep apnea
• Impairment caused by medication
• Drowsy driving
• Dementia

With more people living longer these days—by 2050, one out of five Americans is expected to be age 65 or older—the number of senior drivers in Boston and on other roads throughout Massachusetts is likely to grow. However, there may come a time in an elderly person’s life when it is time to stop driving or risk causing injury or death to others.

Mother and baby injured as car crashes into Danvers Wal-Mart, Boston.com, June 2, 2009

Senior Citizen Driving, Helpguide.org

Related Web Resources:
Senior Drivers, Insurance Information Institute

Massachusetts Registry of Motor Vehicles

With summer approaching, these disturbing figures are an important reminder of why pool and spa owners and operators need to make sure that kids are properly supervised in the pool area and that fencing is placed around the pool or spa to prevent children from getting into the water when no one is around. It’s also time for the owners and managers of public pools and spas to replace their pool drain cover with the newer, safer drain cover mandated under the Virginia Graeme Baker Pool and Spa Safety Act.

This new law requires all public pools and spas to be fitted with the anti-entrapment drain cover and when applicable, the anti-entrapment system. According to the CPSC, 11 people were killed and 69 others were injured in spa and pool entrapment accidents. The new drain covers are supposed to prevent the drain from attaching to a person’s body part or bathing suit, causing the suction to hold the victim under water until he or she drowns. Kids are especially susceptible to becoming the victim of pool entrapment accidents.

Drowning also continues to be a huge problem affecting kids, with children younger than 14 making up more than one in four deadly drownings. Victims that do survive near-drowning accidents will sometimes sustain traumatic brain injuries that could impair them for life.

If your child is injured or killed in a spa or pool on someone else’s premise, you may have grounds for filing a Boston premises liability complaintor a Massachusetts products liability lawsuit, including:

• Improper supervision
• Lifeguard failure
• Defective pool drain
• Inadequate fencing around pool
• Lack of emergency/rescue equipment
• Wrongful death

CPSC Announces New Report on Child Drownings and Near-drownings in Pools and Spas

Related Web Resources:
Read the 2009 Report
, CPSC (PDF)

Virginia Graeme Baker Pool and Spa Safety Act (PDF)

Pool Safety

In his Massachusetts sexual abuse lawsuit, Weinreib, who graduated from the school in 1989, claims that Washburn sexually abused him from 1983 to 1985. He is seeking $1 million from the Cambridge school for personal damages and stress related to the abuse incidents that he maintains could have been prevented.

Last October, Head of School Rebecca Upham issued a public apology for the school's failure to respond appropriately to Washburn’s actions. Weinreib, however, says that BB & N has failed to do enough to put into place preventative measures that would prevent future sex abuse incidents from happening.

Washburn reportedly would make friends with young students in the 80’s and take them to his house in Lexington where he would exhibit pornographic materials and encourage them to engage in sexual acts in front of him. The former English teacher has admitted to engaging in inappropriate sexual conduct with children. He was given a suspended in 1987 after pleading guilty to molesting two boys, and he only had to do community service for the Massachusetts sex abuse crimes.

The Cambridge, Massachusetts private school had to pay a $70,000 settlement because it broke the law by not immediately telling police about Washburn’s abusive acts. Recently, Upham acknowledged that another former teacher, Andrew Goldman, was convicted of two counts of sending pornography to a minor in 2007. A spokesperson for BB & N disagrees with Weinreib’s claims that the school hasn't taken appropriate steps to prevent more incidents of sexual abuse from occurring.

Man seeks $1M from Cambridge private school after alleged sexual abuse, Patriotledger.com, May 11, 2009

Private school on Watertown border says it’s sorry for abuse, Wickedlocal.com, October 15, 2008

Related Web Resources:
Opening BB & N Minds

Sexual abuse by teacher protested, Boston.com, June 8, 2008

The amendment is intended to prevent Massachusetts motor vehicle accidents from occurring because motorists are texting while driving and comes one day after Rebecca Solomon, a Methuen teen driver, died in a single-car collision. Police are trying to determine whether the 18-year-old high school senior was texting while driving.

Earlier this month, the MBTA imposed an emergency cell phone ban on its vehicle operators following a multi-trolley crash occurred right after the trolley driver had been text messaging with his girlfriend. Nearly 50 people were injured in the Boston MBTA accident.

According to a study commissioned by Vlingo, a Cambridge, Massachusetts speech-recognition technology maker for cell phones, 1 in 4 US drivers say they text message while driving, with younger drivers more likely to engage in this form of distracted driving behavior than their older counterparts. Among those surveyed:

• Almost 60% of teen drivers say they text and drive.
• 49% of 20 – 29 year-olds send and receive texts while operating a motor vehicle.
• 13% of motorists over 50 text while driving.
• 83% of the 4,816 online survey participants think texting while driving should be banned.

Time and again, texting while driving is proving to be a dangerous habit that can cause serious motor vehicle injuries or deaths. Teenagers that text while driving are a high-risk group when it comes to getting involved in or causing a Boston motor vehicle crash. A new Nielsen study says the average teen sends almost 80-text messages daily. The habit, which even adults find hard to break, can prove fatal when an inexperience teen driver is texting while behind the steering wheel of a car.

Massachusetts Senate Budget Bans Texting while Driving, Insurance Journal, May 26, 2009

Mass. high school student dies in car crash, Telegram.com, May 21, 2009

Driving While Texting Still Popular Despite Bans: Survey, VOXEO, May 20, 2009

Related Web Resources:
Cell Phone Driving Laws, GHSA

National Safety Council

There are about 180,000 people licensed to ride motorcycles in Massachusetts. Last year, there were 36 motorcycle deaths in the state. While drivers of cars, trucks, and buses have their gripes against riders, accusing them of speeding and not taking the necessary safety precautions to prevent motorcycle accidents from happening, motorcyclists have expressed their own frustrations, including the sentiment that they don’t think other drivers treat them like they would other motorists, with the same driving privileges and rights.

Massachusetts motorcycle accidents can lead to serious injuries for the motorcyclist, who is always at a disadvantage whenever he or she is in a traffic collision—whether alone or with another motor vehicle. One reason for this is that a rider has nothing but protective clothing and gear to cushion the impact of being in a catastrophic motorcycle crash. This is a good time to contact an experienced Boston motorcycle accident law firm to explore your legal options about obtaining financial recovery from all negligent parties.

Motorcycle Safety Awareness Month
Regardless of who may be at fault and why, Motorcycle Safety Awareness Month is a time to remind both motorcyclists and motor vehicle drivers that they “Share the Road.” The National Highway Traffic Safety Administration offers the following reminders for preventing motorcycle accidents. The suggestions are intended to keep motorcyclists and other drivers safe while preventing motor vehicle crashes:

• Motorcyclists and motor vehicle drivers have the same driving rights and privileges.
• Drivers: Remember that motorcycles are not as easy to spot as their larger motor vehicle counterparts, so be on the lookout for them and remember that it is harder to gauge how far away they are or how fast they may be approaching. Check your blind spots.

• Motorcyclists: Make yourself as visible as possible. Wear protective clothing and stay out of other drivers' blind spots.
• Give each other the full lane width. Don't try to share this space with each other.
• Signal to indicate any lane changes or merging.
• Drivers: Give motorcycles the extra room they may need to maneuver potential road hazards, such as potholes, wet surfaces, gravel, and grooved pavements.
• Motorcyclists: Give yourself the space you need to ride safely.

New Advancement In Motorcycle Safety, CBS 3, May 7, 2009

NHTSA

Related Web Resources:
Massachusetts Rider Education Program, RMV

Motorcycle Safety Foundation

Two of DiLeos brothers and another boy were playing at the school when the gate fell on Timothy and his 8-year-old brother Andrew. Lifting the gate off the two boys required the strength of several men, including police officers and the boys’ father. Andrew, who survived the Massachusetts premises liability accident, sustained serious injuries. Brandon LaPorte, then 13, sustained minor leg injuries.

In September 2007, Essex County prosecutors ruled the tragic incident an accident and no criminal charges were filed. However, the city of Methuen has acknowledged liability for the Massachusetts wrongful death because it left the gate unhinged and unsecured in an area where children had access. The settlement figure is the maximum amount that the DiLeos can seek under Massachusetts law.

The city of Methuen is self-insured. This means that city councilors must approve the settlement and the “debt financing” that will go toward paying for it.

Boston Premises Liability
Any kind of unsafe condition on a Massachusetts property can be the basis for filing a Boston premises liability claim or a wrongful death lawsuit if someone gets hurt because the owner failed to and should have fixed or removed the hazardous condition on the premise.

Schools and other properties that kids frequent are responsible for making sure that any hazards on the premise are kept away from the children, who are not as astute as adults when it comes to knowing when they may be endangering themselves by playing too close to a faulty wire, climbing onto a high pile of boxes, or playing with defective tools or on top of dangerous machinery.

Family of child killed by falling gate settles lawsuit, Boston Herald, May 13, 2009

Methuen to pay $600K for iron gate death, The Eagle-Tribune, May 13, 2009

Related Web Resources:
Death of 11-Year Old Massachusetts Boy at a Methuen School in Gate Collapse Ruled Accidental, BostonInjuryLawyerBlog.com, September 4, 2007

Premises Liability Overview, Justia

City of Methuen, Massachusetts

Julie, now 37, and Michael, now 35, decided to freeze the embryos in 2001 after Julie was diagnosed with Stage III rectal/colon cancer, which is an advanced form of cancer. They were worried that her cancer treatment would make it hard for her to get pregnant later.

The embryos were supposed to be implanted in Julie when she was well enough. In 2004, doctors determined that the cancer treatment had damaged her uterus too much for her to be able to carry embryos to full term. In 2006, assisted reproductive technologies director Dr. Elizabeth Ginsburg wrote the couple to let them know that their consent that the hospital store the embryos expired in 2004.

The Nortons then wrote to Embryology Laboratory director Kathy Jackson to tell her that they planned to use the embryos within two years and reminded the hospital of Julie’s cancer patient status. The hospital had consented to store the embryos indefinitely because Julie was one of their cancer patients. Jackson wrote back, assuring them the embryos were safe.

This year, the embryos were scheduled to be implanted in a surrogate. In March, two days before the procedure, the Nortons were told that the hospital had destroyed all of their embryos. Apparently, the embryos were discarded on August 10, 2006 with the authorization of Brigham. “Abandonment” was cited as the cause of disposal.

Frozen Embryos
There are at least 400,000 frozen embryos that are stored in US clinics. Although it is always up to the patient to decide what to do with embryos they decide not to use, many clinics are concerned with what to do with embryos that are abandoned or unclaimed.

One reason that many embryos go unclaimed is that a couple may decide that they no longer want to have children but they are reluctant to destroy or get rid of the embryos. A December 2008 New York Times article says that 53% of patients don’t want to donate their unused embryos to other couples because they don’t want strangers bringing up their children. 23% would like to have the embryos stay frozen. 66% would be willing to donate the embryos for research but that option isn’t always available.

The Norton's Massachusetts personal injury lawsuit, filed in Norfolk Superior Court, names Brigham and Women’s Hospital, two lab managers, and the assisted reproductive technologies director as its defendants. The hospital is refusing to comment on the personal injury lawsuit but has released a statement apologizing to the Nortons for the medical error, acknowledging that it accidentally disposed of the couple’s embryos, and vowing to improve its procedures and policies so that this kind of medical mistake doesn’t happen again.

Couple sue Brigham over embryos' disposal, Boston.com, May 16, 2009

Parents Torn Over Fate of Frozen Embryos, NY Times, December 14, 2008

Related Web Resources:
Brigham and Women’s Hospital

What should be done with excess frozen embryos?, The Seattle Times, October 12, 2008