Boston Injury Lawyer Blog

Six months after River Moore died from liver failure after he was given Children's Tylenol, his family is suing drug maker Johnson & Johnson for wrongful death. In their dangerous drug lawsuit, they contend that the over-the-counter medication contains too much acetaminophen, which they say caused the two-year-old’s liver damage. The toddler was given the Tylenol for his fever.

Daniel and Katy Moore area accusing Johnson & Johnson of breach of warranty, infliction of emotional distress, recklessness, reckless and willful conduct resulting in death, conspiracy, and other offenses. They are also seeking damages from J& J chief executive officer William Weldon, other company executives, including former J&J Worldwide Chairman Consumer Group Colleen Goggins, three subsidiaries, and the retailers and distributors that dealt with the drug.

The Children's Tylenol that River was given was part of a batch of medications that J & J recalled the year before. While J & J maintains that doctors, regulators, consumers, and retailers were told about the recall, the Moores believe that the drug manufacturer attempted to keep the recall as low profile as possible and even included a “stealth” strategy that allegedly involved hiring contractors who secretly entered stores that carried the medication and purchased what was in stock to keep public knowledge and dialogue about the safety issues minimal.

Dangerous Drugs
If you or someone you love died because you believe that a drug was dangerous, defective, came with inadequate instructions or warnings, or was inappropriately marketed, you may have grounds for filing a Boston dangerous drug complaint against the manufacturer and others.

Grieving Parents Blast J&J 'Stealth Recall,' Courthouse News Service, January 4, 2012

Couple Sues Johnson And Johnson For Death Of Their Son, KvewTV, January 6, 2012

More Blog Posts:
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

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

Continue reading "Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol" »

According to newly unsealed court documents, the parents of Phoebe Prince have settled their Massachusetts civil complaint with the South Hadley Public School District for $225,000. The case was resolved more than a year ago, but the financial figure reached was just revealed after a journalist went through the courts to obtain access to the information. Prince, whose family moved to the US from Ireland in 2009, hanged herself in January 2010 after spending months being bullied by other students at South Hadley High School. The 15-year-old became a target after she dated Sean Mulveyhill. The 18-year-old was the ex-of Kayla Narey, who was one of Prince’s bullies. Even after Prince and Mulveyhill. stopped seeing each other, the bullying continued online and in person.

After her death, Prince’s parents filed a complaint against the school district with the Massachusetts Commission Against Discrimination. Anne O’Brien and Jeremy Prince claimed the district of not doing enough to protect their daughter. The civil settlement was reached in November 2010.

It is the responsibility of school officials to make sure that students are not placed in harm’s way while under their watch. Fortunately, bullying, which has been known to occur at schools, is now being seen as a serious threat to a child’s safety and a potential cause of serious injury or death.

Thankfully, hazing is now also receiving attention as a dangerous activity among students that can cause serious injuries and even death. As our Boston injury lawyers reported in an earlier blog post, last month, police looked into allegations of hazing involving Andover High School students that attended a basketball camp this summer. Two of the participants were allegedly forced to eat a cookie covered in semen. Two other students have since been expelled because of the alleged incident.

Phoebe Prince’s Parents Settled School District Lawsuit for $225,000, ABC News, December 28, 2011

Expulsion, suspensions meted out in Andover hazing case, Eagle-Tribune, December 1, 2011

Bullied girl's suicide has ongoing impact, MSNBC, December 27, 2011

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

Salem, Massachusetts Sex Abuse Lawsuit Seeks Damages from Revere Van Company for Four Children, Boston Injury Lawyer Blog, September 30, 2011

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

Continue reading "Hampshire County, Massachusetts Lawsuit in Phoebe Prince’s Bullying Settled for $225K " »

According to researchers at UC Irvine's otolaryngology department, certain toys that are currently “in” may emit noises that hit decibel levels comparable to those made by chain saws or subway trains. This could place a child at risk of suffering from hearing loss. If so, his/her family may have grounds for a Boston products liability case.

10 popular toys were measured for loudness while they were held 12 inches away (approximately the length of a toddler’s arm stretched outward) and when placed next to a speaker. Per the study’s findings, popular toys such as the Tonka Mighty Motorized Fire Engine, T-Pain Mic, and Road Rippers hit decibel levels of 100 or greater. The Sesame Street Let’s Rock Elmo, Marvel Super Shield Captain America, Toy Story Buzz Lightyear Cosmic Blaster, VTech Princess Magical Learning Wand, and the Green Lantern Colossal Cannon Blaster hit decibels levels of 90 or over when placed next to the speaker. When kept 12 inches away, decibel levels for the toys hit the 60’s.

Considering that, according to the American Academy of Otolaryngology, noise higher than 85 decibels can lead to hearing loss (with duration playing a role in impairment) these toys may be cause for concern.

Are the products' manufacturers warning about the potential for hearing loss? Are they doing enough to minimize the chance of this type of injury? Are they providing proper instructions for how to safely use these toys?

Researchers have recommended that if a toy has to emit sounds from a speaker, then the ones with speakers on the bottom are best. Proper supervision of toys that lack this safety measure, as well as placing tape over the speakers to decrease the sound, are also recommended.

You may have grounds for a Massachusetts products liability lawsuit if a product caused your child to sustain any type of injury. Possible liable parties include the manufacturer, seller, or distributor.

Study: Toys can be too loud, Daily Pilot, December 22, 2011

Noise and hearing protection, American Academy of Otolaryngology

Some children's toys as loud as a chain saw, UCI study says, Los Angeles Times, December 23, 2011

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Boston Medical Malpractice?: Hepatitis C Contracted by Child During Transplant Was Totally Preventable, Says CDC, Boston Injury Lawyer Blog, December 23, 2011

Police Say Haverhill Pedestrian Accident Was Caused by Drunk Driver, Boston Injury Lawyer Blog, December 22, 2011

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

Continue reading "Boston Child Injuries: Do Some Toys Cause Hearing Problems?" »

According to the Centers for Disease Control and Prevention, a child who underwent a blood vessel transplant at Children’s Hospital in Boston contracted hepatitis C because the donor was infected. The disease was transmitted because of a testing error that occurred at a tissue bank, as well as delays in communication between public health officials and the transplant center. Two other people, who received kidney transplants from the same donor, also became infected. It hasn't been reported at this time whether the child's family will be filing a Boston medical malpractice claim.

The CDC’s Office of Blood, Organ, and Other Tissue Safety director Dr. Matthew J. Kuehnert says the infections were “preventable.” He is calling for better testing and a system more quickly able to notify transplant surgeons when there are problems, while tracking organs and tissues. Currently, e-mails, phone calls, and letters are how communication regarding such matters takes place.

As a result, 11 days passed between when one kidney recipient tested positive for hepatitis C and when the CDC was notified. It was during this period that the child at the Boston hospital received a transplant of an infected piece of tissue to fix a heart malformation.

Per the CDC’s report, a worker at the tissue bank made a mistake and marked the donor’s tissue as negative for hepatitis C even though the test results were positive.

Boston Medical Malpractice
As with any surgical procedure, there are risks involved with organ transplants and it is important that the medical team involved have the proper procedures in place, which they should implement, to prevent mistakes that could cause serious injuries and infection. For example, it is crucial that transplant recipients are given healthy organs free from disease or health issues to maximize the chances of a successful outcome. Other common Massachusetts surgical transplant errors include giving a patient an organ that his/her body is not compatible with, performing a transplant procedure without the donor’s consent, and post-operative mistakes.

Hepatitis C
This viral disease is a chronic illness that can cause cancer or liver scarring. Infected patients may eventually have to undergo a liver transplant.

Child infected with hepatitis C through transplant at Children’s Hospital Boston, Boston, December 22, 2011

Child Infected With Hepatitis C After Boston Hospital Transplant, WBUR.org, December 22, 2011

Hepatitis C, PubMed Health

More Blog Posts:
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

Police Say Haverhill Pedestrian Accident Was Caused by Drunk Driver, Boston Injury Lawyer Blog, December 22, 2011

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

Continue reading "Boston Medical Malpractice?: Hepatitis C Contracted by Child During Transplant Was Totally Preventable, Says CDC " »

Police and Andover High School officials are investigating allegations that some of the more senior members of the boys’ basketball team goaded younger players into consuming a cookie that was covered in bodily fluid. The alleged hazing incident is said to have taken place at Stonehill College last summer during an overnight sports camp.

School officials reportedly found out about the alleged incident in October and notified police right away. Since then, Stonehill has severed its connection with Hoop Mountain of Beverly, which ran the camp, for allegedly failing to meet is safety and supervisory duties. Hoop Mountain’s managing partner Greg Kristof maintains that the camp operator did its job and supervised the kids the entire time.

If you believe that your child was injured while under another party’s supervision and negligence played a role in the Massachusetts injury accident, please talk to one of our experienced Boston personal injury lawyers right away. Schools can be held liable if kids are injured while under their watch.

Hazing is the term given to certain initiation processes and rituals. Often, these activities are usually associated with school groups. Unfortunately, hazing has been known to cause serious injuries and even deaths. Schools and the groups involved have been sued as a result.

Just recently, a Florida A & M University drum major, is believed to have died after he was hazed. Robert Champion, 26, was found unresponsive on November 19. He was complaining of not being able to breathe and had been throwing up before he lost consciousness. His family is planning to sue the university for his wrongful death.

While some hazing incidents are harmless pranks, others involve dangerous activities that can lead to alcohol abuse, sexual abuse, physical assault, or other acts that can cause serious injury. In many instances, the person that is being hazed is under pressure to participate.

Andover students ‘disgusted’ by hazing incident, Boston Herald, November 30, 2011

Family Of Dead FAMU Student Prepare Lawsuit, CBS Miami, November 28, 2011

Andover school district confirms hazing incident, WHDH, November 30, 2011

Related Web Resources:

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

Boy Dies Following Shrewsbury Drowning Accident at Summer Camp, Boston Injury Lawyer Blog, July 29, 2011

East Boston Elementary School Evacuated; Smoke in the Basement, Boston Injury Lawyer Blog, December 9, 2010

Continue reading "Andover High School Confirms Hazing Allegations" »

Just in time for the holidays World Against Toys Causing Harm, which is based in Boston, has put out its list of 10 worst kids’ toys. The products that made this year’s top 10 include:

Twist ‘n Sort by Guidecraft, Inc.: Small pieces pose a choking hazard to young kids.

Power Rangers Samurai Mega Blade by Bandai: The sword, which flips open, has a toy blade that could cause impact injuries.

Fold & Go Trampoline by The Original Toy Company: Small parts pose a choking hazard. Head, neck, and other bodily injuries can also happen.

Pulling Animal Duck by Haba: Long cord can be pose a strangulation hazard.

School Bus from Schylling: Small pieces are a choking hazard. There is a warning label that comes with it, but it is removable.

Z-CURVE BOW by Zing Toys, Inc.: Arrows can cause eye injuries and may also injure animals.