Boston Injury Lawyer Blog

Our Boston lawyers have discovered that a 12-year-old boy was airlifted to Children’s Hospital for treatment of the injuries he sustained at the Whitman town pool. At approximately 12:30 on Monday afternoon, the boy reportedly slipped into the pool, striking his back on the pool ladder in the process.

Following the impact, the young boy complained of severe lower back pain and a numb sensation in his lower extremities. The Whitman firefighters that responded to the 911 call were able to stabilize the child in the deep end of the pool before he was airlifted to the hospital.

If you or a loved one has been injured as the result of a slip and fall, you may be entitled to financial recovery for your injuries. At the law firm of Altman & Altman, we have recovered millions of dollars in verdicts and settlements for personal injury victims. Please contact our firm for a free case evaluation.

Continue reading "Child Airlifted from Whitman Town Pool After Fall" »

The attorneys at Altman & Altman have learned that a toddler fell from a second story back porch in Lynn this past Sunday. The child was at a Lynn daycare facility when the accident occurred. The toddler is currently in stable condition at Massachusetts General Hospital.

The 22-month-old child was on the back porch of her daycare facility when she fell 15-feet, landing in the driveway. Currently, the Lynn police and the Department of Children and Families are investigating the incident. The operator of the Lynn daycare has agreed to cease all operations of her business pending the ongoing investigation.

If you or a loved one has been hurt in an accident, you may be entitled to compensation through a Boston Personal Injury lawsuit. Please contact the law firm of Altman & Altman to for an initial consultation with an experienced lawyer at no cost to you.

Source: Cops: Toddler hurt in Lynn fall will be OK, The Daily Item, August 10, 2010

CPR was performed on a 13-year-old boy on Monday night at the Holiday Inn on Jones Road in Falmouth. The boy nearly drowned while in the hotel pool.

Now that summer is here, the number of drowning and near drowning incidents for the year will undoubtedly go up. It is important that pool owners and supervisors, both of residential and private pools and hot tubs, make sure that the proper safety measures are in place to prevent Massachusetts drowning accidents from happening.

Just this Saturday, 2-year-old twins died in a Lynnfield drowning accident in their own pool. Veronica and Angelina Andreottola appear to have fallen into the water because a retractable cover was not completely covering the pool. Police say the toddlers may have pushed the button for the cover. Their death comes just weeks after state Representative Robert J. Nyman died from an accidental drowning in his own backyard pool.

Pool owners can be held liable for Boston personal injury or wrongful death if their negligence allowed another party to drown, nearly drown, slip and fall, or injure themselves in any other way in or around a pool or a whirlpool. Kids and adults that don’t know how to swim or are prone to certain health complications are at risk of drowning. Adequate supervision, such as lifeguards or an adult that knows how to swim and perform CPR, proper lighting, making sure the pool is clear of debris so that anyone drowning at the bottom can be easily detected, and placing rescue equipment in the pool area are just some of the steps that a property owner can take to decrease the chances that a Boston pool drowning accident will happen. Installing retractable covers, pool fences, and secured gates around the pool area can help.

CPR performed on 13-year-old near drowning victim at Falmouth hotel pool, CapeCodToday, July 20, 2010

Surveillance tape looked at in twins' drowning, WHDH, July 20, 2010

Legislator’s autopsy determines death was accidental drowning, Boston.com, June 28, 2010

Related Web Resources:
CPSC Warns Backyard Pool Drownings Happen "Quickly and Silently", CPSC

Drowning Facts, YMCA

Unintentional Drowning: Fact Sheet, CDC

Continue reading "13-Year-Old Nearly Drowns in Falmouth Swimming Pool Accident at Holiday Inn" »

Three teenage residents in a Canton Group home had to be taken to the hospital on Friday after they were injured during a group brawl. About six staff members were also involved in the altercation. The home is run by the Judge Rotenberg Educational Center, which is known for using electrical skin shock to discipline students. Police and center officials say these shocks were not used on Friday.

Injuries from the brawl included a broken hip, wrist, and nose. The brawl may have broken out when one of the students ignored a staff member’s instructions that it was time to go to bed. Some of the staffers who were involved in the fight had put on helmets.

Most of the 200 students at the center have autism, behavioral disorders, or intellectual disabilities. About half of them wear electrodes on their skin, which allows staffers to trigger 2-second shocks using a handheld device. The electric shock procedure is sanctioned by the state of Massachusetts.

Earlier this year, the US Justice Department launched an investigation to examine of some of the residential school’s methods. According to a letter signed by over two dozen advocacy groups last year, residents at the center who have state-approved plans giving permission for electric shock as a behavior-control method are given these painful shocks if they interrupt others, stop working for over 10 seconds, whisper, or get out of their seats.

Schools and other facilities responsible for minors under their care can be held liable for Boston personal injury if negligence, carelessness, or recklessness contributes to causing a student, resident, or participant to sustain injuries or die. Physical abuse, neglect, failure to properly supervise, failure to protect, violent disciplinary methods, verbal threats, and failure to remove or repair hazards from the premise are some reasons why a student and his/her family might decide to file a Massachusetts injuries to a minor claim.

3 injured in brawl at group home, Boston.com, June 29, 2010

Feds Launch Probe Of School That Uses Electric Shock, Disability Scoop, February 25, 2010

Related Web Resources:
Judge Rotenberg Educational Center

Types of Personal Injury Damages, Justia

Continue reading "Three Teens Injured in Canton Group Home During Brawl" »

The Consumer Product Safety Commission and Ikea are recalling 3.4 million shades and window blinds. The recall, which involves Roman shades, roll-up blinds, and roller blinds that were sold at IKEA stores in the US between January 1998 and June 2009, comes following news that an 18-month Lowell, Massachusetts boy nearly died from strangulation.

The blinds are a strangulation hazard for young kids because their necks can get tangled in the cords or chains. The roller blinds have a beaded chain that isn’t always attached to the floor or wall with a tension device. Meantime, the roll-up blinds have adjustment loops that can prove dangerous in the event that they end up sliding off the blind. As for the Roman shades, the inner cord and the back of the shade is a place where a young child’s neck can get easily caught. Some of the shades may have pull chains that are not attached to the floor or wall.

According to the CPSC, about 500 children have been strangled on the cords of shades and blinds in the last two decades. It was just last year that retailers voluntarily recalled all Roman shades and roll-up blinds—that’s about 50 million products.

Consumers should stop using the blinds right away and send them back to IKEA for a full refund. The danger that window blinds and roman shades continue to pose to young children is no joke—as evidenced by the too many fatalities that have resulted. You may be able to sue negligent manufacturer for Boston products liability if a product defect caused personal injury or wrongful death.

In the meantime, if you have window blinds or shades in your home, here are a number of safety guidelines to follow (Selectblinds.com):

• Keep large furniture that kids can climb on top off away from windows, blinds, and shades.
• Make sure any cords are kept out of children’s grasp.
• Cut cords so that they are short, wrap them around a cord cleat, tie knots in them, tie the cords together, or keep them anchored or attached to a the ground or the wall.
• Lock cords on shades and blinds so that they don’t fall low enough that they are easy for kids to reach.
• Think about buying shades and blinds that don’t have cords.

Ikea recalls over 3 million window blinds, shades, AP/Google, June 10, 2010

IKEA Recalls Roller Blinds, all Roman Blinds and all Roll-Up Blinds Due to Risk of Strangulation, CPSC, June 10, 2010

Child Safety and Blinds, Selectblinds.com

Related Web Resources:

Ikea

Cords on window blinds can be strangling threat to kids, USA Today, November 30, 2009

On Monday, Senator Kirsten Gillibrand (D-NY) introduced a bill that would outlaw the manufacturer and sale of drop-side cribs. Meantime, US Consumer Product Safety Commission chairman Inez Tenenbaum is pledging to ban the sale and manufacturer of drop-side cribs by the end of 2010. The CPSC intends to establish a new standard that would make it mandatory that all cribs have fixed-sides.

These actions come because the dangers posed by drop-side cribs that have yet to be recalled can no longer be ignored. Poor design, hardware malfunctions, deformities, or breakage, dangerously large openings created between the side rail and mattress, improper installation, and screws coming off are some of the crib defects reported that have resulted in serious injuries. In the last decade alone, at least 32 baby deaths have involved drop-side cribs. Crib drop sides may also be a factor in 14 infant crib entrapment deaths.

Granted, the CPSC has already recalled some seven million drop-side cribs in the last five years and the industry has started phasing out cribs with drop sides. Some large retailers won’t even allow them on sale floors anymore. However, many of these cribs can still be bought online and they continue to be used in residences and daycares.

Our Boston products liability lawyers are aware of the defects involving drop-side cribs and the dangers they pose. These poorly designed cribs can lead to suffocation, entrapment, strangulation, fall accidents, and wrongful death.

You can hold a negligent crib manufacturer liable if your son or daughter was injured because a drop-side crib was defectively designed or made or it malfunctioned.

Lawmakers look to ban drop-side cribs, AP/Google, May 25, 2010

CPSC Issues Warning on Drop-Side Cribs 32 Fatalities in Drop-Side Cribs in Last 9 Years, CPSC, May 11, 2010

CPSC eyes total ban on drop-side cribs, KATU, May 24, 2010

Related Web Resources:
Crib safety tips, Consumer Reports

Infant/Child Product Recalls (not including toys), CPSC

According to a Texas Transportation Institute report, from 1999 to 2008 there has been a 10% increase in the proportion of deadly nighttime traffic crashes involving US teen drivers. This increase can be largely attributed to cell phone use and text messaging that, combined with the risks already posed by driving in the dark, can create “a perfect storm,” says Senior Research Specialist Bernie Fette.

Granted, distracted driving, poor visibility, and slower responses due to fatigue can negatively impact drivers of any age group regardless of the time of day or night. However, add to these hazards the fact that teen drivers are less experienced, easily distracted to begin with, and not as skilled as their more experienced adult counterparts when it comes to avoiding becoming involved in a car crash, and its easy to understand why teenagers’ car crash fatality risk at night has gone up.

Currently, in Massachusetts only school bus drivers are banned from using cell phones while driving and the state doesn’t have a ban on text messaging. This means that unlike in a number of other US states, where new drivers (if not all motorists) are not allowed to talk on the phone and drive at the same time, even the most inexperienced drivers are allowed to text/talk on the phone and drive here. This makes them a danger not only to themselves but to others.

It doesn’t help that, per a 2009 study from the Pew Research Center, cell phone use among teenagers has increased 58% since 2004. 52% of teens admitted to talking on the phone and driving at the same time. 34% said they’ve texted while driving. Also, Fette notes that because today’s teens grew up talking on the cell phone and texting, they wrongly believe that they are "experts" and can easily talk/text and drive at the same time.

Many teens can’t resist the urge to text. According to NPR, US Transportation Secretary Ray LaHood considers the habit of texting while driving to be an addiction.

Massachusetts Distracted Driving Accidents
Talking on a cell phone takes the motorist’s mind on the road, and texting requires that a driver take at least one (if not both) hands off the steering wheel. Both activities can make it hard for the driver to pay attention or react quickly during an emergency. Not only can the driver end up in jail for injuring or killing a passenger, the occupant of another vehicle, or a pedestrian during a Massachusetts car crash, but the motorist can also be sued for Boston personal injury.

Cell phones raise teen nighttime driving risks, The Washington Post, May 6, 2010

Teens, Cell Phones and Texting, Pew Research, April 20, 2010

Related Web Resources:
Oprah's "No Phone Zone" Pledge, Oprah

Distraction.gov

Two years after a 1-year-old North Attleboro baby died from suffocation while entrapped between the frame and mattress of his crib, the Consumer Product Safety Commission is recalling the Simplicity full-size cribs (both drop-side and fixed-side cribs) that come with mattress support frames that are made with tubular metal. The crib defect may prove fatal if the frame detaches or bends, causing an area of the mattress to cave, which can then become an opening that a toddler or infant can get entrapped or stuck in or fall through.

The CPSC knows of 13 other incidents involving these cribs that have resulted in the infant furniture collapsing. Another child who became entrapped was lucky enough to survive without physical injuries. One child that fell from the crib sustained minor cuts to his head.

The CPSC is warning parents to stop using the recalled cribs immediately. The agency does not know how many cribs are included in the recall. It also doesn’t have a list of all the affected models because Simplicity and SFCA Inc., its successor company, are not in business any longer.

Crib Entrapment
Crib entrapment is frequently caused by poorly designed and manufactured cribs. Suffocation, strangulation, fall injuries, traumatic brain injuries, and deaths are among the catastrophic results.

If your child died or was seriously injured because of a crib defect or another product flaw, you may have grounds for filing a Massachusetts products liability lawsuit against the negligent manufacturer, seller, and/or other liable parties.

In the last few years, the CPSC has recalled millions of cribs over product defects that are a serious injuries to children risk. The CPSC announced its latest Simplicity recall (It has recalled other Simplicity products in the past) on the same day it recalled, along with LaJobi Inc., approximately 217, 000 Graco drop-side cribs. If the drop side fails, breaks, doesn’t lock, or detaches from the crib, a baby or toddler can become entrapped between the mattress (this can lead to strangulation or suffocation) or fall to the ground.

99 drop-side failure incidents have been reported. Two children became entrapped and six children fell out of their respective cribs. None of them were seriously injured, although one child did suffer a mild concussion.

Simplicity Crib and Graco Crib Recall, Modern Mom, April 30, 2010

CPSC announces 2 big crib recalls, Associated Press/Boston.com, April 29, 2010

Related Web Resources:
Consumer Product Safety Commission

Product Liability FAQ, Nolo

Continue reading "Death of Massachusetts Toddler from Crib Entrapment Leads to Latest Simplicity Crib Recall" »

Kayla Lackey’s mother Erin has reached a $1.8 million wrongful death agreement with Community Health Care Inc., a for-profit Massachusetts methadone clinic in Chicopee. Kayla was just 8 when she died in a Marlboro truck accident in April 2005 on Route 9. Stephen Fairchild, the driver of the pickup truck that struck the truck that Erin, Kayla, and two of her cousins were riding, was a patient at the clinic. He died from injuries he sustained during the truck crash.

Autopsy findings indicate that at the time of the head-on truck crash, Fairchild’s methadone level was “peaking.” He also had recently used marijuana and cocaine.

In 2007, Kayla’s estate sued the clinic and Putney doctor Walter Slowinski over the truck crash that claimed the young girl’s life. Slowinski, who prescribed anti-anxiety medication to the Fairchild while he was taking methadone, settled with the estate earlier this year.

Fairchild, who had a history erratic driving and heroin addiction, also may have been taking trazodone and an anti-seizure drug. All of the drugs combined likely impaired his driving abilities on April 4, 2005.

According to the wrongful death complaint, the clinic failed to properly monitor the truck driver after giving him “take-home” methadone bottles. The clinic is also accused of failing to make Fairchild take blood tests even though he exhibited physical signs of someone who was abusing drugs. He also missed required sessions, including meetings for counseling, and reported that his prescription drugs had been stolen or lost—another red flag.

Erin, who sustained a severe arm fracture, has ongoing medical bills from the truck crash. Kayla’s cousins, Jacob O’Hearn, then 12, and Joshua O’Hearn, then 4, did not sustain any physical injuries, but they were traumatized.

Massachusetts Wrongful Death Cases
The best way to determine who should be held liable for your loved one's Boston wrongful death is to consult with an experienced injury lawyer about your case.

Mother of crash victim wins $1.8M from methadone clinic, Times Argus, April 10, 2010

Vermont woman awarded $1.8M from Massachusetts clinic, Boston Herald, April 9, 2010

Related Web Resources:
Community Healthcare of Chicopee MA

Wrongful Death, Nolo

Now that Rebecca Riley’s parents have been convicted of her murder, the Boston wrongful death lawsuit accusing Dr. Kayoko Kifuji of Massachusetts psychiatric malpractice will move forward. Rebecca, 4, died after her parents overmedicated her with psychotropic drugs.

The drugs were prescribed by Kifuji who, in exchange for immunity, testified at the criminal trials of Carolyn and Michael Riley. During Michael’s trial, Kifuji said that she does not question the diagnosis she made that Rebecca, then 2, was suffering from attention deficit hyperactivity disorder and bipolar disorder.

Kifuji said her diagnosis was based primarily on Carolyn’s accounts of her daughter’s conduct. The psychiatrist prescribed Depakote and clonidine for Rebecca. She had prescribed the same drugs to Rebecca’s two older siblings, who were diagnosed with the same conditions.

Carolyn and Riley were accused of sedating their children to keep them quiet and using their kids’ illnesses to get money from the government. Upon Rebecca’s death, the little girl had three times as much clonidine in her system as she would have had if she’d taken her daily dose at one time.

Kifuji gave up her license in February 2007 after Rebecca’s parents were charged with her murder. After a grand jury and the state medical board cleared her, she began practicing psychiatry again at Tufts Medical Center in Boston.

In 2008, Rebecca Riley’s estate filed its Boston medical malpractice complaint against Kifuji. Per the estate’s Massachusetts wrongful death lawyer, Kifuji did not decrease Rebecca’s prescription even after a preschool nurse cautioned that the girl was overmedicated. The Boston, Massachusetts wrongful death lawsuit is seeking unspecified damages for the pain suffered by Rebecca and the loss her siblings have been forced to endure with her passing.

Examples of Psychiatric Malpractice
• Wrong diagnosis
• Failure to provide proper treatment
• Mental abuse
• Emotional abuse
• Sexual abuse
• Sexual assault
• Engaging in a sexual relationship with a patient
• Privacy violations
• False imprisonment
• Medication overdose
• Prescribing the wrong drug

With Riley murder trials done, spotlight turns to civil suit against psychiatrist, The Patriot Ledger, March 30, 2010

Doctor is sued in death of girl, 4, Boston.com, April 4, 2008

Related Web Resources:
Jury finds Riley guilty of first-degree murder, Wicked Local, March 29, 2010

Rebecca Riley Murder Case Timeline, My Fox Boston

Fall accidents and suffocation are two of the leading causes of injuries to young children. This is why in the last seven days, US Consumer Product Safety Commission, along with three manufacturers, have announced recalls of products that pose serious injuries to children. If your son or daughter is one of these victims, do not hesitate to request your free consultation with our Boston products liability lawyers. We are committed to making sure that child injury victims and their families receive the Massachusetts personal injury compensation that they are owed.

On March 18, the CPSC and Graco recalled approximately 1.2 million Harmony™ High Chairs following 24 reports of injuries to children, which included bruises, bumps, and scratches to the body and head, as well as an arm hairline fracture. At least 464 reports of screws coming loose and plastic brackets cracking have been reported to Graco. These defects can make the high chairs unstable.

If a chair tips over and a child is in it, a fall accident can occur. All Harmony™ High Chairs are affected by the recall and the CPSC wants people to stop using them right away.

Earlier this week, the CPSC and Infantino LLC recalled one million infant slings following reports of three child deaths that occurred last year. All three infants, a 7-week-old, a 3-month-old, and a 6-day-old, suffocated while being carried in the sling. The recall comes just days after the CPSC issued a warning that baby slings can pose a suffocation hazard if the baby’s breathing becomes obstructed. Visit our Boston Injury Lawyer blog site for more details about the warning.

Yesterday, the CPSC and Evenflo Co. recalled about 150,000 Evenflo Top-of-Stair™ Plus Wood Gates following a number of fall accidents that occurred. The manufacturer has received 142 reports of slats coming apart from the gate or breaking. Three kids were able to get through the gate and two fell down steps. Four kids sustained bruises and bumps to the head while seven kids suffered minor bruises, scratches, and scrapes. Consumers are to stop using the gates as soon as possible.

Evenflo Recalls Top-of-Stair Plus Wood Gates Due to Fall Hazard, CPSC, March 25, 2010

Infantino baby sling recall: Are any baby slings safe?, Christian Science Monitor, March 24, 2010

1.2 million 'unstable' Graco highchairs recalled, CNN, March 18, 2010

Related Web Resources:
Safe Kids USA

Childhood Injuries, CDC

Here is a warning for Massachusetts parents and guardians. According to the Consumer Product Safety Commission, baby slings can be deadly for your infants. Over the years, this carrier has proved to be a popular accessory, allowing parents to “wear” their kids while keeping them close so that they can bond or breastfeed. Yet the CPSC says that in the last 20 years, it has looked into at least 13 deaths that have been linked to these sling carriers.

12 of the babies that died were under the age of four months. Three of the fatalities happened last year. Consumer Reports noted in 2008 that there had been about two dozen serious injuries to children involving the baby slings.

The main hazards associated with the baby slings are fall accidents, which can lead to skull fractures and traumatic brain injuries, and suffocation, which can happen if the baby ends up in a “C-like” position close to the mom’s belly or chest or if the sling’s fabric ends up covering the infant’s mouth and nose. Both can make it hard for the baby to breath properly.

If your child died because of a defective product, you may want to consider filing a Boston, Massachusetts products liability lawsuit so that you can obtain compensation for the injuries to your child caused by a negligent manufacturer.

If you are going to continue to use your child’s baby sling, then it is important that you:

• Check with the doctor to make sure the sling is the right carrier to use for your baby.
• Follow directions for proper use.
• Make sure that your baby is securely in the sling and isn’t at risk of falling.
• Make sure that the sling fabric doesn’t cover your baby’s face.
• After feeding the infant, shift his/her position so that the head is facing up.
• Frequently check your baby’s position in the sling.

Unfortunately, there are furniture, clothing, accessories, toys, and other children’s products that are either defectively designed or poorly made to the point that they can cause serious injuries to children. Choking, strangulation, lead poisoning, fingertip amputation, and eye hazards are just some of the potential dangers that can cause Boston, Massachusetts injuries to minors.

Infant Deaths Prompt CPSC Warning About Sling Carriers for Babies, CPSC, March 12, 2010

Infant deaths prompt gov't warning on slings, Associated Press/The Boston Globe, March 12, 2010

Related Web Resources:
Strangulation and Suffocation, Parents.com

Child Injuries, Centers for Disease Control and Prevention

Continue reading "Baby Sling Carriers Can Cause Child Suffocation, Cautions CPSC" »

Shane and Danielle Lambert are suing McLean Hospital for their children’s Massachusetts wrongful deaths. Kaleigh, 5, and Shane, 4, died on January 11, 2008, when their aunt, Marcelle Thibault, carried them onto Interstate 495 where the three of them were fatally struck by two motor vehicles.

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

McLean Hospital

Five years after 3-year-old Jason Fox’s death, a Suffolk County jury has awarded his parents $15 million in Massachusetts medical malpractice damages: $5 million for wrongful death, $5 million for the boy’s pain and suffering, and $5 million for the loss of their child. The family’s attorney, James Fox, said fighting the case was an “uphill battle.”

Jason, who was born with Tetralogy of Fallot, died in December 2004 after undergoing a procedure at Children’s Hospital in Boston a year and a half earlier to treat his birth defect. The serious defect, which was treatable, prevented his limbs and organs from receiving enough oxygen.

Jason underwent seven cardiac catheterizations and open heart surgery. During his second catheterization in April 2003, Jason had a seizure. The contrast dye, which allowed doctors to better see his anatomy, went into his brain.

Doctors who conducted an MRI to determine if he now had brain damage found a piece of metal in his brain that they think came from a medical instrument. They are not sure which procedure or what hospital the metal piece came from. The toddler’s heart rate dropped during the MRI and doctors had to revive him. Jason couldn’t speak or walk when he left the hospital. He sustained permanent brain injuries and eventually died.

Jason’s parents, Brian and Andrea Fox, say the doctors lied about what they did when treating their son and tried to cover up their actions. In Superior Court last week, the jury blamed Dr. James Lock and anesthesiologist Dr. James A. DiNardo for the boy’s wrongful death. They found at least two other doctors liable for providing Jason with negligent medical care.

Because of an agreement reached between the defendants and plaintiffs before the $15 Million Boston wrongful death verdict was announced, the actual medical malpractice award will be less.

Family wins $15 million malpractice judgment against Children's, MyFoxBoston, December 18, 2009

Jury ties doctors’ errors to boy’s death, Boston.com, December 19, 2009

Related Web Resources:
Children’s Hospital in Boston

Tetralogy of Fallot, National Heart Lung and Blood Institute

Along with the Window Covering Safety Council, Consumer Product Safety Commission is announcing another major recall—one of its largest ever—of 50 million roll-up blinds and Roman shades because they pose a possible strangulation hazard. Roman shades have been the reported cause of 16 near strangulations and 5 fatalities in just the last three years, while since 2001, the CPSC has received reports of 3 deaths because of roll-up blinds. Some three million roll-up blinds and five million Roman shades are sold annually.

The CPSC and the WCSC are providing free repair kits. Also, to prevent strangulation accidents involving window coverings, they are recommending that only cordless window coverings be used in homes that have young children. If your window blinds or shades do come with cords, then they are advising that you keep the cords out of children’s reach.

The Safe Kids USA Web site reports that airway obstruction (through suffocation, choking, and strangulation), is the number one cause of accidental injury-related fatalities among children younger than age 1. Kids, especially in the younger than 3 age range, are especially prone to strangulation injuries and deaths.

Product manufacturers are aware of the hazards that their furniture, clothing, toys, and other consumer goods can pose to this young age group. Yet many continue to make dangerous or defective products that young children continue to pay for with their lives. If this has happened to your son or daughter, do not hesitate to contact our Boston products liability lawyers about your Massachusetts child injury case.

In just the last few weeks, the CPSC has announced several major recalls involving young children’s products. In late November, it recalled 2.1 million drop-side cribs by Stork Craft due to possible suffocation, entrapment, and fall hazards. That announcement was followed up by the recall of about 500 LaJobi cribs and approximately 24,000 Amby Baby Motion Beds this month over similar concerns. The CPSC also recalled approximately one million umbrella strollers by Maclaren following 12 fingertip amputations. Also, there have been numerous recalls involving thousands of children’s clothing items and toys because they posed potential lead poisoning, choking, and strangulation hazards.

CPSC Announces Voluntary Recalls to Repair Millions of Roman Shades and Roll Up Blinds by Multiple Firms, CPSC, December 15, 2009

Airway Obstruction, SafeKids USA

Related Web Resources:
Window Covering Safety Council

Consumer Product Safety Commission

The family of 17-year-old John Causland says he is stlll in critical condition following emergency brain surgery for injuries he sustained in a Massachusetts pedestrian accident on Sunday in Waltham. The high school senior was in a crosswalk when a driver who was allegedly drunk hit him.

The driver of the uninsured and unregistered vehicle that struck him was Bonnie Lee Hicks. The 43-year-old Billerica resident was charged with negligent operation of a motor vehicle, driving under the influence, and driving with an expired inspection sticker. She refused a Breathalyzer test at the crash site and failed three field sobriety tests. She pleaded not guilty to the charges and was released on personal recognizance. She is not allowed to drive and must appear in court again in January.

Court documents say that Hicks told police that she thinks that the teenager jumped in front of her vehicle. She did not sustain injuries in the Waltham pedestrian accident.

As of yesterday, Causland’s family reported that the teenager was sedated and stabilizing but that he was still living “hour by hour.”

2008 Pedestrian Traffic Safety Facts (National Highway Traffic Safety Administration):

• 4,378 US pedestrian deaths
• 69,000 US pedestrian injuries
• 1 US pedestrian death every 2 hours
• 1 US pedestrian injury every 8 minutes
• 75 Massachusetts pedestrian fatalities

Pedestrians are at risk of sustaining injuries any time they are hit by a motor vehicle. These injuries can be especially catastrophic when the driver who strikes the pedestrian was operating under the influence of drugs or alcohol, text messaging while driving, or speeding. In Massachusetts pedestrian accidents involving a negligent driver, the motorist may not even attempt to stop or be able to avoid hitting the victim, which can increase the chances that the injuries will be permanently life altering or fatal.

‘No good news’ for teen in crash, Boston Herald, December 2, 2009

Teenager fights for life after accident, The Daily News Tribune, December 1, 2009
Teen hit by drunk driver, say police, Boston.com, December 1, 2009

Related Web Resources:
National Highway Traffic Safety Administration

Traumatic Brain Injury

Continue reading "Massachusetts Teenager Injured in Waltham Pedestrian Accident In Critical Condition Even After Emergency Brain Surgery" »

When shopping for kids’ toys this year, here is a list of products that World Against Toys Causing Harm, a Boston-based consumer watchdog group, is placing on its list of "most dangerous toys" because of the injury risks that WATCH says the items pose:

• Spy Gear Viper Blaster: May cause eye injuries.
• Disney-Pixar Wall-E Foam Rocket Launcher. WATCH says the Toy is a choking hazard and may cause impact injuries and eye injuries.
• Cat “Rugged” Mini: Toy construction vehicle comes with metal spoke that may cause puncture wounds.
• Curious Baby Curious George Counting – My First Book of Numbers: Watch says the 5 beads embedded in the book can pose a choking hazard.
• Lots to Love Babies Mini Nursery: Comes with accessories that are a choking hazard risk.
• X-Men Origins Slashin’ Action Wolverine: The toy’s small parts make this a choking hazard.
• Pucci Pups Maltese: The puppy’s “hair” can be pose an aspiration hazard. Its long leash is a strangulation hazard.
• The Dark Knight Batman Figure: May cause possible penetration and blunt impact injuries.
• Just Kidz Junior Musical Instruments: The drum’s stick can cause choking injuries if placed in the mouth.
• Moon Board Pogo Board: WATCH warns about possible head injuries and impact injuries.

The Consumer Product Safety Commission says that there were at least 19 toy-related fatalities in the US last year. Meantime, hospital emergency rooms treated 235,000 toy injuries. Despite the number of toy-related injuries and deaths that happen every year, WATCH director James Swartz noted toy makers continue to manufacture toys that pose similar dangers year after year.

Products liability-related accidents involving malfunctioning or defectively designed toys, nursery products, kids’ clothing, playground equipment, kids’ furniture, and other children’s products continue to happen. It can be devastating to find out that the toy that you bought for your son or daughter was the cause of injury or death. Toy manufacturers are supposed to test their toys and make sure that they aren’t dangerous for kids to use. Young kids especially may not realize that putting small objects in their mouths might cause them to choke.

10 most dangerous toys of 2009, MSNBC, Today

2009 "10 Worst Toys" List, WATCH

Related Web Resources:
Why Do We Need Healthy Toys?, HealthyStuff.org

Finding safe toys this holiday season, CNET

US Consumer Product Safety Commission

Continue reading "Boston-Based Consumer Watchdog Announced 2009 List of 10 Most Dangerous Toys" »

The parents of 8-year-old Christopher K. Bizilj are suing seven defendants for their son’s wrongful death. Christopher died after a Micro Uzi machine gun he was holding accidentally discharged last October at a Westfield gun fair. Charles D. and Suzanne M. Bizilj and their son Colin, 11, are suing for $4 million.

The defendants named in the Massachusetts wrongful death complaint are COP Firearms & Training, the Westfield Sportsman’s Club Inc., Edward Fleury, Carl Giuffre, Provost Precision Pistols LLC, Domenico J. Spano, and D & T Arms LLC. Giuffre, Fleury, and Spano have also been charged in criminal court over the fatal accident.

Per the Massachusetts wrongful death lawsuit, Charles Bizilj bought Christopher a turn at firing the machine gun at the "Great New England Pumpkin Shoot".” Spano brought the weapon, which belongs to Guiffre, to the expo that COP Firearms & Training and the Westfield Sportsman's Club were sponsoring. Fleury, who owns COP Firearms & Training and at the time was Pelham police chief, hired Spano and Guiffre as expo “renters.”

The complaint claims that Spano’s son Michael, 15, was in charge of loading the gun. He gave the gun to the 8-year-old and told him how to use it. The weapon jammed twice. Michael cleared the gun.

As Christopher tried lifting the gun, the stock slid down, the barrel spun up, and the weapon went off while the young boy tried not to drop it. He sustained fatal head injuries.

The Biziljs contend that the Uzi submachine gun was defective, dangerous, and not properly serviced.

Massachusetts law makes it illegal to furnish minors with machine guns.

Event facilitators and the owners of the property where the function is taking place can be held liable for Massachusetts personal injury or wrongful death if there is an unsafe condition or a hazard on the premise that could/should have been remedied and the failure to do so caused or contributed to the injury or death.

Gun death spurs $4 million suit, Amherst Bulletin, November 13, 2009

Family Sues over Boy's Death at Massachusetts Gun Show, Insurance Journal, November 11, 2009

Related Web Resources:
look at gun expo flyer, WBZ (PDF)

Wrongful Death, Justia

Long known for the dependability of its strollers, manufacturer Maclaren may find that its reliable reputation has been tarnished following reports that 12 kids have suffered fingertip amputations while using its strollers. This week, Maclaren along with the Consumer Product Safety Commission, announced the recall of some 1 million strollers over concerns that fingertip amputations and lacerations can occur.

The children were injured when they placed their fingers in the stroller’s hinge mechanism when it was either being opened or secured. Nine models are included in the mass recall of products, which consists of both double and single umbrella strollers.

Recalled models are those made available in the US between 1999 and 2009: Easy Traveller, Twin Techno, Twin Triumph, TechnoXLR, Techno XT, Quest Mod,Quest Sport, Triumph, and Volo.

Parents and guardians are being told to stop using the strollers immediately and to contact Maclaren for a free repair kit.

Boston Products Liability
Injuries caused by a design flaw, a manufacturing defect, or a product malfunction can be grounds for a Boston products liability lawsuit. If the injured party is a minor, a parent or guardian will have to file the Boston injuries to minor complaint for damages.

Unfortunately, product manufacturers do make mistakes. It’s even more unfortunate for the infant or child who has been hurt because of such errors.

While recalls are a good way to find out about the dangerous defect before an injury or death occurs, in many cases someone will have already gotten hurt before a product defect is discovered and a recall is announced.

Maclaren's Stroller Recall: A Stumbling Response Online, Time, November 9, 2009

Maclaren USA Recalls to Repair Strollers Following Fingertip Amputations, CPSC, November 9, 2009

Related Web Resources:
Maclaren

Kids in Danger

Continue reading "Boston Products Liability?: Kids’ Fingertip Amputations Lead to Recall of Approximately 1 Million Strollers by Maclaren" »

A 2009 poll conducted by the National Sleep Foundation reports that in the last year, up to 1.9 million US motorists have either been in a motor vehicle accident or were nearly in an auto collision because they were drowsy while driving. 105 million motorists admitted that they’ve driven while sleepy in the last year, while 54 million drivers say they drowsy drive at least once a month.

What many of these drivers don’t understand is that drowsy driving is extremely dangerous. It one of the most common causes of traffic crashes. The National Transportation Safety Board says that 250,000 US drivers a day fall asleep while operating a vehicle. This causes 60,000 serious injuries and 8,000 deaths a year.

Boston car crashes, truck accidents, bus collisions, and pedestrian accidents are not the only kinds of traffic collisions caused by drowsy driving. The NTSB recently announced that drowsy driving was the likely cause of the deadly MBTA train crash in Newton last year involving two green line trains. The safety board says train operator Terese Edmonds may have fallen asleep at the wheel. She may have been suffering from obstructive sleep apnea.

Excessive sleepiness can impair a motorist, resulting in slower reaction times, distracted driving, decreased cognitive performance, various mood swings, and slowed reflexes. These side effects can prove tragic on the road, where a motorist may have a hard time driving in a straight line, fail to notice exit signs, miss traffic signs, and not realize that he or she is tailgating the vehicle ahead.

While it is tragic that so many people are injured in motor vehicle crashes caused by drowsy drivers, the good news is that drowsy driving accidents are preventable.

The National Sleep Foundation has declared November 2-8 Drowsy Driving Prevention Week. The intention is to make more motorists aware about the dangers associated with drowsy driving and falling asleep at the wheel.

1.9 Million Drivers Have Fatigue-Related Car Crashes or Near Misses Each Year, Reuters, November 2, 2009

Drowsy-driving tragedies preventable, Boston.com, August 3, 2009

Related Web Resources:
National Sleep Foundation

Drowsy and Distracted Driving, NHTSA

Continue reading "Boston Injury Accidents Caused by Drowsy Driving Are Preventable" »

Just when you thought ghosts and goblins were your worst worries on Halloween, now there is news that there may be other dangers lurking in the shadows on an evening that should be best known for candy, trick or treating, and costumes.

The Food and Drug Administration is warning parents to be very careful when selecting a face paint for children to use. While a painted mask, as opposed to an actual mask, can make it easier for the wearer to see through, new findings indicate that some of the more popular face paints are made with toxins that are bad for the health and may even cause serious injuries.

According to the Campaign for Safe Cosmetics, the 10 face paints it examined all tested positive for lead. Nickel, chromium, and cobalt were found in several of the paints.

If you’ll recall from the massive toy recalls that the Consumer Product Safety Commission has issued over the last few years over products containing excessive levels of lead, lead poisoning is especially bad for kids. Exposure to lead can cause learning disabilities, aggressive behavior, impaired physical and neurological growth, and brain damage.

Product manufacturers can be held liable if someone gets hurt, sick, or dies because a product was defective, dangerous, or toxic. An experienced Boston products liability law firm can help you with your case.

Scary face paint isn’t the only horror kids and parents have to worry about when trick or treating. Safe Kids USA reports that children are over two times as likely to die in a pedestrian accident on Halloween than they are on any other night. Why, you ask?

• Trick or treating runs into the night, when pedestrians, especially child pedestrians, are harder for motorists to see. Dark costumes and children's generally smaller stature doesn’t help for driver visibility.

• The excitement of rushing from one house to the next for more candy can make a child careless, causing him or her to cross the street without looking or waiting to arrive at a pedestrian crosswalk.

• Adults like Halloween too. Some party participants may opt to get drunk and then drive.

• The usual careless or distracted driving habits: Drunk driving, speeding, failure to obey stop lights or traffic signs, texting while driving, cell phone use, etc.

If you or child was hurt in a Boston pedestrian accident, you may have grounds for a Boston injury case.

Warning: Halloween Face Paint Can Be Scary, The Daily Green, October 19, 2009

Real horror of Halloween: Pedestrian deaths, USA Today, October 26, 2009

Related Web Resources:
US Food and Drug Administration

Campaign for Safe Cosmetics

The mother of Makayla Hayes, 1, is suing the 93-year-old Peabody driver for the little girl’s injuries. Louis Vesprini accidentally drove his car into a Danvers Wal-Mart in June. Alaina Hayes, a Gloucester resident, was pushing her daughter in a stroller when the Massachusetts car accident happened. Makayla fractured her jaw and her skull.

Louis Vesprini reportedly stepped on the gas pedal instead of the brake when trying to park his car. He drove through two red posts before crashing through the Wal-Mart’s exit doors.

Now, Alaina his seeking unspecified damages from Walmart and the 93-year-old Massachusetts driver. While Wal-Mart obviously did not cause the Danvers car accident, the safety barriers it set up to keep cars from driving into the department store were allegedly spaced incorrectly.

Makayla has already had two surgeries and is expected to undergo another one. Because her head hit a cash register, doctors are concerned that the little girl may also have a traumatic brain injury. This would likely require additional medical care. While Alaina’s physical injuries are not as serious, she sustained mental trauma from the Wal-Mart accident.

Yesterday, Vesprini pleaded not guilty to one count of negligent operation of a motor vehicle.

Boston Injury Lawsuits
A driver accused of causing a collision can be held accountable in criminal court. Separate from that, he or she can also be held liable by the Boston car crash victim in civil court.

In Massachusetts, only adults can file a personal injury claim or wrongful death lawsuit. Minors can obtain compensation, but an adult or guardian will have to file the Boston injuries to minors complaint on their behalf.

93-year-old Peabody driver arraigned in Wal-Mart crash, Boston.com, October 23, 2009

Elderly Driver Crashes Car Into Danvers Wal-Mart, WBZ, June 2, 2009

Related Web Resources:
Head Injury, Age 3 and Younger - Topic Overview, Web MD, October 23, 2009

When is it time to put the brakes on elderly?, USA Today, May 2, 2009

At the US Department of Transportation’s Distracted Driving Summit this week, family members who lost loved ones in car accidents involving drivers who were distracted spoke to attendees about their tragedies. One woman lost her mother of a driver who was talking on his cell phone. Another woman, a motorcyclist, was killed when she was struck at a red light by a driver who was painting her nails. And of course, there are the accounts of loved ones lost because drivers were texting while driving, reaching for a cell phone, or glancing at a PDA to "quickly" read a text message.

According to the NHTSA, almost 6,000 people died in distracted driving accidents last year. Over 500,000 others survived these auto accidents with injuries. As one man who lost his mother told the summit, “distracted drivers destroy lives.” Yet many drivers continue to engage in some form of distracted driving.

Talking on a cell phone and texting while driving have proven especially dangerous, and calls for a nationwide ban on texting has become more urgent. The CTIA-The Wireless Association reports that 110 billion texts were sent out in December 2008. Compare this figure to the 10 billion texts that were transmitted in December 2005.

On Wednesday, the Obama Administration announced that federal workers will no longer be allowed to text message while operating a motor vehicle while on the job or in a government-owned auto. According to Transportation Secretary Ray LaHood, the government is also considering restricting truck drivers, train operators, and bus drivers from using cell phones.

In Massachusetts, there is still no ban on text messaging. Localities are allowed to decide whether to restrict cell phone use. Earlier this year, the Boston area’s transit authority announced a new policy change banning bus, trolley, and train operators from carrying cell phones and personal electronic devices while they are on the clock. The crackdown came after a trolley operator who was text messaging caused aBoston train accident that injured 49 people.

Boston car drivers are allowed to talk on handheld devices and text message while driving an auto. This can result in serious Massachusetts traffic accidents and personal injuries and wrongful deaths may ensue.

Cell Phone Ban After Boston Trolley Crash, Huffington Post, May 9, 2009

New regulation bans federal employees from texting while driving, Los Angeles Times, October 1, 2009

Related Web Resources:
Distracted Driving Summit, US Department of Transportation

State Cell Phone Driving Laws, Governors Highway Safety Association

An Examination of Driver Distraction as Recorded in NHTSA Database (PDF)

Continue reading "At Distracted Driving Summit, Families of Car Accident Victims Bring to Life the Deadly Consequences of Multitasking While Behind the Wheel " »

One month after 15-year-old Alessandra Castner was killed in a Marblehead, Massachusetts pedestrian accident while crossing the street, the investigation into the fatal traffic crash continues. However, the probe has become controversial following allegations by “Allie’s” father, Christopher Castner, that prosecutors are engaged in a coverup.

This week, Castner’s attorney sent Essex District Attorney Jonathan Blodgett a letter accusing authorities of improperly concealing the name of the driver, 18. The note also alleges a conflict of interest based on the claim that Blodget is friends with the motorist’s uncle. Criminal charges have not been filed over the deadly Essex County, Massachusetts pedestrian accident. The DA’s office is denying the accusations.

To date, there is no evidence that the driver was drunk, under the influence of drugs, speeding, texting, or talking on the cell phone. Castner, however, contends that his daughter was walking in a crosswalk when the vehicle struck her and there were no skid marks on the road. Following the deadly Massachusetts pedestrian accident, Alessandra was flown to Boston Medical Center where she was pronounced dead.

Massachusetts Pedestrian Accidents
Although police will investigate your pedestrian accident, it may be to your benefit to make sure that there is someone advocating on your behalf. An experienced Boston pedestrian accident law firm can conduct its own investigation into what happened.

Pedestrians struck by motor vehicles are seldom left unscathed, and in many instances, traumatic brain injuries, spinal cord injuries, internal injuries, and death can result.

Even if the driver didn’t intend to injure you or your loved one, the motorist can be held liable for engaging in distracted driving, speeding, failing to yield, text messaging, talking on the cell phone, drunk driving, failing to stop at a pedestrian crossing, and other negligent acts.

Family calls for driver to be charged in teen's death, The Salem News, September 24, 2009

Victim’s dad claims coverup, Boston Herald, September 24, 2009

Related Web Resources:
Pedestrians, NHTSA

Pedestrian Fatality Facts, 2008, IIHS

We all know that driving drunk can result in catastrophic Boston car crashes. Unfortunately, many people still continue to get behind the steering wheel of a vehicle after drinking too much and they risk their lives and the lives of others in the process.

Drunk drivers come from all age demographics and walks of life. New findings, however, are showing that nationally, there has been an increase in the number of women involved in deadly drunk driving accidents. A new report also reveals that it isn’t just young drivers who are prone to binge drinking.

According to the National Highway Traffic Safety Administration, the number of female drunk drivers is becoming a national safety issue. From 1998 – 2007, there has been a 28.8% increase in the number of women arrested for DUI. Currently, impaired women drivers are involved in about 2,000 US traffic deaths each year. In this state, however, between 2008 and 2007 there was a decline in the number of impaired women involved in deadly Massachusetts motor vehicle accidents.

While in 2007, 31 of the 163 women involved in fatal Massachusetts auto accidents had a BAC of .08% or more, there were 103 women involved in fatal Massachusetts traffic crashes last year and 21 of them were legally drunk. Regardless, one inebriated driver on the road is one dangerous driver too many.

Meantime, Duke University researchers and the National Survey on Drug Use and Health are reporting that there is a more significant amount of binge drinking taking place among adults in the 50 – 64 age range than initially thought. While drinking to the point of inebriation is commonly associated with young adults and teens, a new survey, recently published in the American Journal of Psychiatry, found that 9% of women and 22% of men in this older age group binge drink (at least five drinks), with 13% of women and 19% of men reporting that they have at least two drinks a day. Among adults over age 65, 3% of women and 14% of male seniors reported that they binge drink.

Heavy drinking of any kind can definitely pose a health hazard and an injury risk. It can be fatal for a drunken individual to then drive.

Through the end of the Labor Day weekend police, in cities throughout the US are taking part in the campaign Drunk Driving. Over the Limit. Under Arrest. By focusing more of their resources on catching anyone who is driving drunk, the plan is to save lives.

Transportation Secretary Ray LaHood Kicks Off Nationwide Enforcement Crackdown on Impaired Driving, NHTSA, August 19, 2009

Older people, too, knock back 5 drinks at a time, USA Today, August 17, 2009

Related Web Resources:
Alcohol-Impaired Drivers Involved in Fatal Crashes, by Gender and State, 2007-2008, , NHTSA, (PDF)

National Survey on Drug Use & Health

The National Highway Traffic Safety Administration is reporting a 16% drop in the number of Massachusetts traffic deaths between 2007 and 2008. 363 people died in traffic accidents throughout the state last year. 434 people died in 2007.

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)

Continue reading "Massachusetts Traffic Deaths Drop 16% to 363 Fatalities in 2008" »

An 88-year-old Canton driver that is accused of striking and killing a child pedestrian is contesting the criminal charges that were filed against her. Ilse Horn allegedly hit Stoughton resident Diya Patel on Saturday on June 13 while the 4-year-old was crossing Route 138 on a scooter with her grandfather and siblings.

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

Continue reading "Stoughton, Massachusetts Pedestrian Death: 88-Year-Old Driver Contests Charges That She Struck 4-Year-Old On Route 138" »

The Consumer Product Safety Commission reports that nearly 300 kids 4 ages 4 and under are killed in pool and spa accidents a year, while some 3,000 others are injured. More than 50% of the child victims are under 3 years of age. 80% of fatal drowning accidents involving child victims occur in spas and pools in private residences.

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

Continue reading "Prevent Boston Pool and Spa Drowning Accidents by Installing New Drains and Implementing the Proper Safety Measures, Says CPSC" »

Last Thursday, the Massachusetts Senate included and approved in its version of the state budget an amendment banning Internet use while driving—this includes text messaging, emailing, or surfing the Web while operating a motor vehicle. Bus drivers, train operators, trolley drivers, and the drivers of other public transit vehicles would be banned from holding a cell phone while driving and would only be allowed to carry the device for emergency purposes. Transit drivers that violate the ban would be fined $500. Drivers would have to pay an insurance surcharge, in addition to a $75 fine.

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

Continue reading "Boston Personal Injury Law Firm: Massachusetts Senate Approves Amendment Banning Texting and All Internet Use While Driving" »

The US Consumer Product Safety Commission and Stork Craft Manufacturing are announcing the recall of some 535,000 Stork Craft Baby Cribs. They are telling consumers to stop using the cribs right away. Stork Craft will provide crib owners with a free replacement kit.

The recall is being issued because the metal support brackets that are designed to support the crib’s mattress board and mattress could crack and break, causing the mattress to collapse and a hazardous gap to appear between the crib rails and the mattress.

The CPSC says that so far there have been 10 reported incidents in which at least one support bracket broke. In one case, a toddler sustained bruises to his forehead. In another incident, a child got trapped in the gap but, fortunately, did not get hurt. The Stork Craft Baby Cribs were made and sold between May 2000 and January 2009 at online and major retailers, including Walmart and Kmart.

This is the second crib recall of 2009. On January 6, the CPSC announced that Jardine Enterprises was recalling about 56,450 Jardine Cribs because the wood slats could break, creating a gap that could lead to strangulation and entrapment injuries, including death. The CPSC has received at least 19 reports involving incidents where Jardine crib slats broke. There have been no reports of injuries.

Defective Cribs
Crib manufacturers can be held liable for products liability or wrongful death if a crib the company designed and distributed has defects that contributed to an infant or toddler sustaining injuries or dying.

Examples of crib defects include:
• Faulty mattress design
• Crib slats that are too widely spaced
• Poorly designed crib corners

Crib accidents can lead to serious injuries include fall accidents, entrapment accidents, and strangulation accidents.

Stork Craft Recalls More Than 500,000 Cribs; Mattress Support Bracket Failures Create Risk of Entrapment and Suffocation, CPSC.gov, January 13, 2009

More than 500,000 cribs recalled, CNN Money, January 13, 2009

Jardine Expands Recall of Cribs Sold by Babies“R”Us; Cribs Pose Entrapment and Strangulation Hazards, CPSC.gov, January 6, 2009

Related Web Resource:
Crib Safety Tips, CPSC

Continue reading "Stork Craft and CPSC announce product recall of over 500,000 cribs due to suffocation and entrapment hazards" »

Two Massachusetts teenagers died in Middleborough on Thursday after the 18-year-old driver lost control of his car and struck a tree. Driver Joseph W. DeYoung and his 17-year-old passenger, Brian McMahon, died from their injuries. DeYoung had just earned his driver’s license on December 2.

Middleborough police says wet roads, driver inexperience, and speeding contributed to the fatal Massachusetts car crash, which occurred early in the morning on Purchase Street as the teens were headed to school. An initial investigation into the crash indicates that DeYoung lost control of the car. The two Middleborough high school teens were pronounced dead at the accident site.

NHTSA Young Driver Facts
- In 2006, there were 13 million young, licensed drivers, 15 – 20 years-of age, in the United States.
- In 2007, 6,982 young drivers were involved in deadly motor vehicle crashes.
- Motor vehicle accidents is the number one killer of people, ages 15 - 20.
- 3,174 drivers, ages 15-20, died in auto crashes last year.
- 252,000 were injured.
- 1,631,000 young drivers were involved in the 10,524,000 auto crash incidents that were reported to police.
31% of young drivers that died in traffic accidents last year had consumed alcohol.
-

In Massachusetts:
- 83 people died in Massachusetts motor vehicle crashes involving young drivers last year.
- 36 of the victims were young drivers operating one of the vehicles.
- 28 of the fatalities were occupants of vehicles driven by young drivers.
- 16 of the people that died were riding in other vehicles.
- 3 of the victims who died were not riding in any vehicles.

On their way to school, two teens die in crash, Boston.com, December 12, 2008

Young Drivers, 2007 Traffic Safety Facts, NHTSA

Related Web Resources:

A Comprehensive Approach to Teen Driver Safety

Statistics About Teen Drivers, Mass.gov

Continue reading "Two Middleborough Teens Killed in Massachusetts Car Accident" »

Unicef and the World Health Organization say that 830,000 children are killed around the world in accidents. Their report, the World Report on Child Injury Prevention, is the first report to gather all known information on child injuries and deaths around the globe.

The report’s estimates are acknowledged to be broad because so many poor countries are unable to collect many health statistics. The findings also take into account that there are many children who are injured or killed without receiving medical care.

According to the report, the most common causes of fatal child injuries around the world include:

• Motor vehicle accidents
• Burn injuries
• Drowning accidents
• Fall Accidents
• Poison

Other common causes of death include murder, serious illnesses, diseases, childbirth, and abortion.

The United Nations is encouraging governments to require safety measures, such as pool fences and bicycle helmets, that could save thousands of kids' lives each year. The UN Children's Fund and WHO report says use of lifejackets, childproof medicines, window guards, and smoke alarms, could also save many lives.

In the United States, according to the Centers for Disease Control and Prevention, 12,175 children are killed in accidents each year:

• US motor vehicle collisions continue to be the leading cause of death for kids 1 year of age or older.
• Suffocation is the number one cause of death among kids younger than 1.
• Drowning accidents is a leading cause of death for kids ages 1 to 4.

CDC injury prevention chief Ileana Arias says making kids younger than 8 ride in booster sides, passing graduated driver’s license laws in more US states, and barring teens from driving with other teens or at night could save lives.

In Massachusetts and other US states, these lists of common injuries and deaths can be grounds for personal injury and wrongful death lawsuits if another party was negligent in causing the motor vehicle crash, burn accident, dog attack, fall accident, suffocation accident, or another injury accident to occur.

Report Sounds Alarm on Child Accidents, NY Times, December 9, 2008

Preventable injuries kill 2000 children every day, WHO, December 10, 2008

Car Crashes, Falls Top List of Accidental Injuries for Kids, US News and World Report, December 10, 2008

Related Web Resources:

Read the World Report on Child Injury Prevention (PDF)

UNICEF

Continue reading "Leading Causes of Child Deaths Are Also Common Causes of Personal Injuries and Wrongful Deaths" »

In Westfield, a mother and her nine-year-old son died on Halloween Night when they were struck by a car while trick-or-treating. Roberta A. Salois, 47, and Steven X. Smith-Salois were crossing the street when the deadly Massachusetts motor vehicle crash happened on South Maple Street, which is also called Route 202.

Steven was wearing a Batman costume that night. After the accident, he was taken to Baystate Medical Center in Springfield where he was pronounced dead. Roberta was pronounced dead at Noble Hospital.

The driver of the 2005 Toyota that struck Roberta and Steven is 25-year-old Westfield resident Anne R. Schlichtig. She was not injured in the traffic accident, and no charges have been filed against her. Westfield police, however, are continuing to investigate the deadly crash.

According to witnesses that saw the accident scene, the street was littered with candy and Steven’s shoes, which had come off during the pedestrian accident. One neighbor says that traffic was moving rapidly on South Maple Street that Friday night.

According to the National Highway Traffic Safety Administration:

• Out of the 4,654 pedestrian deaths last year, 306 of these fatalities were children, age 14 and under.
• 187 of these kids were boys.
• 18% of the kids belonging to this age range that died in traffic deaths were pedestrians.
• 14,000 of the 70,000 pedestrians that sustained injuries last year were age 14 or younger.
• 8,000 of the kids in this age range who got hurt were boys.
• 80% of children pedestrian deaths occurred at non-intersections.

Driver Kills Mother, Son, Out for Halloween, Boston.com, November 2, 2008

Family, friends in grief after Halloween tragedy, Boston.com, November 2, 2008

Related Web Resources:

2007 Traffic Safety Facts: Children, NHTSA

Pedestrian and Bicycle Information Center

Continue reading "Mother and 9-Year-old Son Die in Massachusetts Motor Vehicle Accident While Trick-or-Treating" »

Massachusetts state troopers are investigating the circumstances surrounding the accidental shooting death of 8-year-old Christopher Bizilj at a gun show in Hampden County over the weekend. Bizilj was attending the Machine Gun Shoot and Firearms Expo, an annual event at the Westfield Sportsman’s Club, when he accidentally shot himself in the head with a 9mm micro submachine gun.

A certified instructor was supervising the boy when the tragic accident happened. Christopher’s older brother and dad were also with him. According to police, Christopher lost control of the weapon during the recoil. It was the first time the 8-year-old had shot a fully automatic machine gun.

In Massachusetts, it is legal for a child to fire a gun if he or she has parental or guardian consent and is supervised by a certified instructor. Hampden County District Attorney William Bennett however, has said that he hasn’t found any law that would let a young child own or shoot a machine gun. He is trying to find out whether letting Christopher fire the gun violated Massachusetts’s firearms statute.

State troopers have started interviewing people associated with the shooting to see if anyone acted wantonly and recklessly, allowing the tragic accident to happen. An attorney for the Brady Campaign to Prevent Gun Violence believes that Massachusetts law makes it illegal to provide a machine gun to anyone under 18.

Christopher will be buried during a private ceremony tomorrow.

State probes gun death, BostonHerald.com, October 29, 2008

DA: Criminal charges possible in boy’s Uzi death, BostonHerald.com

Related Web Resources:

Chapter 140, General Laws of Massachusetts

‘Micro Uzi’ fires 1,700 per minute, Boston Herald, October 28, 2008

Premises Liability and Wrongful Death
If your loved one was killed at an event on a public or private premise because of what you believe may have been the responsible party’s negligent or careless actions, you and your family may be able to file a Massachusetts wrongful death claim against all negligent parties.

Premise owners and event supervisors are supposed to make sure that there are no dangerous conditions on a premise that could cause injury or harm to visitors. In the event that there are dangerous conditions on a premise, safety precautions must be put in place and patrons must be made aware that the hazards exist. Otherwise, an injured party may have grounds to file a premises liability lawsuit.

Continue reading "8-Year-old Boy Dies After Accidentally Shooting Himself with Machine Gun at Massachusetts Gun Show" »

A bill banning lead and six kinds of phthalates has been sent to US President Bush. The bill, called the Consumer Product Safety Improvement Act, was passed by both the House and the Senate last week—both times by overwhelming majorities. Despite objections by the Bush Administration to parts of the bill, the President is expected to sign it.

The bill bans virtually all lead in products made for kids 12 years of age and under. The call for tougher lead standards comes in the wake of the 45 million plus toys and kids products that have been recalled since last year, with many of the products manufactured in China containing excessively high levels of lead.

Exposure to too much lead can seriously affect a child’s development. Side effects can include hyperactivity, inattentiveness, learning disabilities, hearing problems, physical development problems, permanent brain damage, and death.

The bill bans six kinds of phthalates from kids’ products. While phthalates, often found in baby bottles and other products with plastic, cannot be verified as posing any definite harm to humans, animal tests have shown that the chemicals could potentially trigger early puberty in females and cause genetic defects in males.

Other provisions in the bill include:

• Doubling the Consumer Product Safety Commission’s budget to $136 million by 2014.

• Providing workers that report product dangers with whistle-blower protections.

• Strengthening all-terrain vehicle regulations, including banning three-wheel ATV’s.

Not toying around: Congress OKs bill to ban chemicals in some products, USA Today.com, August 1, 2008

Congress sends Bush bill banning lead in toys, AP, July 31, 2008

Related Web Resources:

Consumer Product Safety Commission

Consumer Product Safety Improvement Act of 2008 (PDF)

Continue reading "Bill Banning Lead and Phthalates in Kids’ Products Now Goes To President Bush" »

A recent string of school bus accidents across the United States have caused parents to question the safety of the transportation vehicle normally considered the safest type of transportation for school kids.

Just this week, three people were injured, including one student on Friday near Zoarville, Ohio, when a school bus was involved in a multi-vehicle collision.

On Monday, a Georgia school bus carrying 27 junior and high school students overturned on the drive to school. 11 children were taken to the hospital for medical attention. Injuries included back and neck injuries.

On Tuesday, in Harrisonburg, Virginia, 28 people suffered injuries in a multi-crash collision involving a car and two school buses because the 70-year-old bus driver of one of the buses ran a traffic signal.

Last month, four students died and 14 people were hurt in Minnesota when a school bus struck a van and then a pickup truck before tipping over.

On February 27, five junior high school students were seen by hospital staff because they were involved in a rollover collision that occurred because the driver turned the bus too fast.

The National Highway Traffic Safety Administration says that 25.1 million kids ride 474,000 school buses to and from school throughout the United States. In 2005, 8,000 children sustained injuries in a school bus accident. Some 17,000 kids are treated in emergency rooms because of school bus crashes.

Common causes of school bus-related injuries include:

• School bus crashes
• Kids getting off the bus and being struck by the bus or an approaching motor vehicle
• Children slipping and falling on the buses
• Kids getting hurt when the driver steps on the breaks or turns to quickly

Common causes of school bus accidents:

• Speeding
• Driver inattention
• Driver inexperience
• Lack of driver training
• Poor road conditions

Federal law does not require that school buses provide seat belts for kids.

3 injured in TV school bus, car collision, Timesreporter.com, March 7, 2008

Concerns for Kids' Safety on the Rise After Spate of Yellow Bus Accidents, FoxNews.com, March 5, 2008

Related Web Resources:

National Highway Traffic Safety Administration

National Coalition for School Bus Safety

Continue reading "Series of School Bus Accidents Raise Issues of Children’s Safety" »

8-Year-old Brittany Noel suffered internal injuries and a fractured skull after being struck by an SUV in the schoolyard at E.G. Lyons Elementary School in Randolph, Massachusetts on Tuesday. She was placed in a medically induced coma at Boston Medical Center last night.

The man driving the 2001 Ford Escape was 86 year-old William Geisler, who was trying to park his car at the school so he could vote. He appears to have lost control of his SUV, which he drove through a grassy area before it hit the second grader.

About 70 students witnessed the accident. Some of them had to jump out of the way to avoid being struck by Geisler's vehicle. A number of the children were reportedly traumatized from watching the motor vehicle accident. Emergency personnel had to pull the SUV off Brittany.

Geisler already has had two citations for speeding. He received one citation in Norwood in 1987 and another citation in 1995 in New Hampshire.

Elderly Drivers
Although elderly drivers are generally less inclined to speed or drive aggressively, their reflexes can slow down. While many elderly drivers are perfectly able to drive their motor vehicles into their 80’s or 90’s, there are senior drivers whose driving abilities start to fail.

Problems That Can Occur to Senior Drivers:

• Hearing problems
• Visual problems
• Drowsiness
• Brain impairment
• Dementia
• The side effects that come from taking prescription medication

Although these side effects are not the fault of the elderly driver who is experiencing them, when any of these problems are the reason that an elderly driver loses control of a car, runs over a pedestrian, or strikes another motor vehicle, he or she may be held liable for personal injury or wrongful death.

If your child was injured in a car accident, a bus accident, a truck crash, or a motorcycle collision. You and your family may be entitled to recover personal injury compensation.

Girl, 8, hit by car at school poll, Boston Herald.com, February 6, 2008

Children scatter as SUV crashes at school, injuring girl, Boston.com, February 6, 2008

Related Web Resources:

Elderly Drivers, Insurance Information Institute

Senior Citizen Driving: Warning Signs and Helping an Unsafe Driver Stop Driving, Helpguide.org

Continue reading "8-Year Old Massachusetts Girl in Medically Induced Coma After Being Struck by Elderly Voter in Car" »

The U.S. Consumer Product Safety Commission and Battat Inc. are recalling 125,000 Battat Magnabild Magnetic Building Systems due to concerns that if young children swallow more than one of the magnets, they may experience intestinal blockages or perforations or even die.

Two sets are affected by the recall: the 180-piece Magnabild Magnetic Building System (BB1431H) and the 293-piece Magnabild Magnetic Building System (BB1502H).

So far, no injuries connected to these toy items have been reported. There have, however, been 16 reported incidents of the smaller magnets falling out of the building pieces.

An earlier recall in March 2006 involving a different magnetic building set brand highlights the hazards that magnetic toys can pose to young children. That recall, involving, all 3.8 million Magnetix Magnetic Building Sets by Mega Brands Inc. was issued after one child died and 34 others were injured.

Magnetic toys can become dangerous to a child if he or she swallows more than one magnet. Once in a child’s intestine, the magnets can be drawn to one another, which can result in blocks or perforations that can be deadly. Young children and toddlers who are prone to put things in their mouths are at highest risk of serious injuries.

In 2007, the CPSC named magnets as one of the five hidden home hazards. Over eight million magnet toys have been recalled since 2005.

Toy manufacturers are supposed to make sure that their toys will not cause injury or death to children. When a defect in the products or in the product design causes serious harm, the manufacturer, distributor, or retailer may be held liable through products liability claims and lawsuits.

Battat Toy Magnet Sets Recalled in the U.S., Reuters, January 23, 2008

New recall of magnetic toys highlights warning on dangers, Consumer Reports.org, January 24, 2008

Related Web Resources:

Magnetic Dangers, Washington Post, April 20, 2007

U.S. Consumer Product Safety Commission

Continue reading "CPSC Recalls Toy Magnetic Construction Sets to Protect Children from Personal Injury" »

The Consumer Product Safety Commission says that 40,400 children were treated for ATV accident-related injuries at emergency rooms throughout the United States in 2005.

According to a study presented by Dr. Cheten Shah of the Arkansas Children’s Hospital, the injuries sustained by children on ATV’s can be potentially disabling. Dr. Shah presented the study’s findings at the annual Radiological Society of North America meeting.

500 children and teenagers that were injured in ATV accidents were examined as part of the study. Here are some of the findings:

• The number of ATV injuries doubled from 1998 to 2006.
• 208 out of the 500 children and teens examined for the study sustained bone fractures as a result of ATV accidents.
• Head injuries—66 bleeding in the brain injuries, 85 skull fractures, and 59 children with brain damage—were also common.
• 12 cases resulted in amputations.
• 6 children died (the study did not include children who died before arriving at a hospital)
• Some of these injuries resulted in permanent damage or disabilities.
• The eyes of two children were so badly damaged that they were removed.
• There were 5 spinal cord injuries and 21 spinal fractures.
• 70 kids sustained injuries to the liver, spleen, pancreas, or kidneys.
• 36 children sustained lung injuries.

The youngest child examined for the study was a 6-month-old who rode the ATV while his mother drove. The toddler sustained a thigh injury. The youngest driver, a 2-year-old, lost four toes. Another 2-year-old driver experienced severe brain hemorrhaging and now has a permanent disability.

The American Academy of Pediatrics is recommending that kids younger than 16 years of age not be allowed to operate or ride an ATV. Experts say children lack the coordination skills to operate an ATV safely. Supporters of ATV riding, however, claim that ATVs are safe for use by children if they wear the corrective protective gear and are supervised properly.

If your child was injured because of a defective or dangerous product, you may have grounds to file a products liability claim or lawsuit. The manufacturer of any product is required to warn users of any known hazards that can result in injury to death. “Failure to warn” can also be grounds for a products liability claim.

Experts: ATVs not safe for children, USA Today, November 26, 2007

Doctor warns ATVs not safe for children, Arkansas Democrat Gazette, December 3, 2007

Related Web Resources:

Massachusetts Recreational Vehicle Safety Laws

All-Terrain Vehicle (ATV) Safety, NSC.org

Continue reading "Study Reports that Kids Riding ATVs at High Risk of Injuries" »

11-year-old Dario Rodriguez, a Massachusetts resident, died on Monday because of injuries he sustained in a car accident.

Dario was struck by a car while he and two children were crossing Route 114 at Winthrop Avenue close to Veterans Memorial Stadium in Lawrence. He was rushed to Massachusetts General Hospital where he was treated for serious head injuries and later died.

The car driver, James Gianni, says that the motor vehicle in front of him stopped to allow the children to cross the street. Gianni says he did not have enough time to step on the breaks. To avoid hitting the other vehicle, he swerved into the right lane and hit Dario.

Police in Lawrence are investigating the fatal pedestrian accident. An accident reconstruction team with the Massachusetts State Police has been brought in to examine the evidence.

According to the National Highway Traffic Safety Administration, there were 4,881 traffic-related pedestrian fatalities in 2005. About 1/5 of those deaths were child pedestrians, 5-9 years of age.

The CDC says that children are reportedly at high risk for sustaining pedestrian injuries because:

• Their small size makes them harder for car drivers, bus drivers, and truck drivers to see.
• Many young children don’t fully understand the way traffic signals work.
• Children are not able to correctly judge how fast a motor vehicle is going or how far away a car actually is from the pedestrian lane.
• Children and drivers can mistakenly assume that the other party is going to yield.
• Many kids walk to school.

Safe Kids Worldwide offers a number of suggestions of what children can do to stay safe on the roads:

• Don’t cross the street alone if you are under 10 years of age.
• Don’t play in the street.
• Walk on sidewalks.
• If you have to walk on the street, face oncoming traffic.
• Wear bright or retroreflective clothing so that drivers can see you.

Even if a child and his or her parents take all the necessary precautions to stay safe on the roads, there is no guarantee that a driver will not behave negligently or carelessly and cause a pedestrian accident to take place.

In Massachusetts, minors cannot file a lawsuit against anyone. The parents or guardian of a child injured or killed in a personal injury accident, however, can file a personal injury or wrongful death lawsuit against any negligent parties.

Sixth grader dies from car accident injuries, Eagletribune.com, October 3, 2007

Safety Tips, Safekids.org

Why are Children at Increased Risk?, CDC.gov

Related Web Resources:

Facts About Injuries to Child Pedestrians (PDF)

Continue reading "11-Year Old Massachusetts Pedestrian Dies From Car Accident Injuries" »

The new changes to the Junior Operator License Law takes effect today. The revised law mandates that driving students must log in more driving time with driving teachers and parents.

Parents of teen drivers will also spend two hours in class learning about the driver’s education program. The changes will hopefully help teen drivers become safer drivers on Massachusetts’s roads so that less car accidents and personal injuries will occur.

Under the revised law, teen drivers will still have to spend 30 hours in a classroom studying driving. They will now also have to take 12 hours of driving lessons in a car. An additional 40 hours will have to be spent driving with a parent or another adult.

Not only are teenage drivers at higher risk for getting injured or killed in a car crash, but their experience on the roads increases the chances of other drivers and pedestrians also sustaining injuries in a motor vehicle crash.

The Registry of Motor Vehicles says that in 2005:

• 33% of all 16-year-old drivers were involved in a motor vehicle collision.
• 19% of all 17-year-old drivers were in involved in a traffic crash.
• 14% of all 18-year-old drivers were involved in accidents.

According to Teendrivinginfo.com:

• Annually, 7,887 (14% of all drivers) 15-20 year-old drivers are involved in fatal traffic crashes.
• Each year 2,008 16 to 17-year-olds die in automobile crashes.
• Crash rates are the highest for teens during the 1st six months & 1,000 miles after licensure.

Injuries sustained in a motor vehicle accident can be very serious and costly, which is why you should speak to a personal injury attorney if you have been injured in a traffic collision because another driver behaved recklessly or negligently.

Junior driver license law mandates parental role, Telegram.com, August 30, 2007

Teen Driving Information for Everyone

Related Web Resources:

The Massachusetts Registry of Motor Vehicles

Teen Drivers, DMV.org

Continue reading "To Prevent Personal Injuries and Motor Vehicle Accidents in Massachusetts, Junior Operator License Law Calls For Teen Drivers to Spend More Time Driving With Adults " »