Boston Injury Lawyer Blog

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

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

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

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

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

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

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

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

Hepatitis C, PubMed Health

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

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

Man Sues City of Waltham for Massachusetts Child Sex Abuse Allegedly Committed by Former Assistant High School Football Coach, Boston Injury Lawyer Blog, December 19, 2011

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

Last week, our Boston injury lawyers published a blog post about a new National Highway Traffic Safety Administration study on text messaging and cell phone use while driving. As evidenced by the number of distracted driving fatalities that happened in 2010, too many people are dying because there are drivers that are multitasking and distracted.

Now, the National Transportation Safety Board is calling for all states to ban any type of cell phone use—including texting—unless it is an emergency situation. Over the last decade, the NTSB has made efforts to limit the use of portable electronic devices by commercial truckers, new drivers, and school bus drivers, but this is the first time that it is calling for a ban that would apply to all drivers. Handheld and hand-free devices would both be barred. Passengers that are not driving, however, would still be allowed to use their cell phones and other devices.

Although the NTSB cannot dictate state law, lawmakers do seriously consider what the federal agency has to say. Currently, in Massachusetts, only school bus drivers, passenger bus drivers, and drivers under 18 are prohibited from using cell phones. There is no ban on the use of hand-held phones—although Rep. Cory Atkins, D-Concord has introduced legislation to make the use of a hand-held cell phone while driving illegal. All drivers are banned from texting in Massachusetts.

Distracted Driving Lawsuits
Distracted driving has proven to be a huge problem among motorists. Even though people are aware of how dangerous talking on a cell phone or text messaging can be when operating a motor vehicle, many motorists cannot seem to stop themselves from making a call, sending a text, checking on email, or surfing the Web and these behaviors are causing serious injuries and killing people.

Some in Mass. eye tougher cellphone restrictions, Boston, December 14, 2011

NTSB recommends full ban on use of cell phones while driving, CNN, December 13, 2011

National Transportation Safety Board

More Blog Posts:
NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010 , Boston Injury Lawyer Blog, December 9, 2011

Peabody Police Hit as a Pedestrian, Boston Car Accident Lawyer Blog, December 12, 2011

Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities, Boston Car Accident Lawyer Blog, November 30, 2011

Continue reading "NTSB Calling for Total Cell Phone Ban on All US Roads and Highways" »

The National Highway Traffic Safety Administration has published its 2010 Fatality Analysis Reporting System, and our Boston injury lawyers are pleased to report that the latest figures show that last year saw a drop in Massachusetts motor vehicle crash deaths. There were 314 traffic fatalities in the state in 2010, which is a 26% dip from the 340 deaths in 2009.

Federal traffic safety officials announced that 32,885 US traffic deaths for 2010, this is the lowest number of motor vehicle fatalities that the country has seen in a year since 1949. This record-breaking low happened even as motorists traveled almost 46 billion more miles than in 2009. US Transportation Secretary Ray LaHood is crediting “our safety agency and partner organizations” for their efforts.

There was, however, a 1.2% increase in the number of US motor vehicle crash injuries that occurred. Nationally, 2,243,000 people were hurt in traffic accidents in 2010, which is slightly more than the 2,217,000 motor vehicle crash injury victims from 2009.

The federal government also released its findings from a survey that reported an increase in the number of people who text and drive at the same time despite the growing awareness that this is dangerous. Young people are especially prone to texting while driving.

More than 6,000 drivers participated in the survey. Per its results, at any given moment in 2010, nearly 1 out of ever 100 drivers was emailing, texting, surfing the Internet, or doing something else on a handheld device while operating a motor vehicle—that’s a 50% jump from the year before. A few of survey’s other findings:

• Both women and men are just as likely to make or take cell phone calls, text, or read email while driving.
• Drivers under age 25 are 2-3 times more likely to text or email than older drivers.
• Aside from poor weather conditions, traffic jams, or a fast traffic pace, most drivers found there were few situations during which they wouldn’t text and drive.

The NHTSA says there were 3,092 distracted driving deaths in 2010.

Gov't survey of drivers finds 2 in 10 texting, Bloomberg Businessweek/AP, December 8, 2011

U.S. Transportation Secretary LaHood Announces Lowest Level Of Annual Traffic Fatalities In More Than Six Decades, NHTSA, December 8, 2011

2010: Motor Vehicle Crashes: Overview, December 2011 (PDF)

More Blog Posts:
Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities, Boston Car Accident Lawyer Blog, November 30, 2011

Man in Wheelchair Killed on Busy Street in Brockton, Boston Car Accident Lawyer Blog, October 28, 2011

Massachusetts Supreme Judicial Court to Consider Whether Drunken Driver Acquittal Rate is Too High, Boston Injury Lawyer Blog, October 31, 2011

Continue reading "NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010 " »

A Framingham woman claims Massachusetts police Sgt. Dennis Bertulli was negligent when he struck her with his motorcycle and drove off during the 2007 Boston Marathon. Norma Shulman, an avid marathon watcher, is now suing state police over the alleged assault and battery and the violation of her civil rights. Her Boston personal injury trial is currently underway in Middlesex Superior Court.

Shulman, now 65, claims that on April 16, 2007, she was standing behind the white line on Rte. 135—the same spot where she has watched the Boston Marathon for 26 years—when she was struck by Bertulli’s motorcycle. The impact of the Boston motorcycle accident knocked her backward and she sustained a bruise to her chest. Shulman says because she didn’t want to make a scene, she didn’t’ seek emergency medical help and instead drove herself to the ER several hours later. She says that not only did she experience physical pain for 6-7 weeks, but also that she continues to suffer from sleep problems while feeling powerless.

Shulman’s Boston lawyer claims that not only did Bertulli strike Shulman and then drive off, but also, another officer Lt. William Cederquist coerced a key witness to change his account of what happened. The incident was captured on video by WBZ-TV and posted on YouTube.

WBZ videographer Jim Haynes, who saw the Boston pedestrian accident, had initially called the incident “vicious” and intentional but later changed his mind after speaking with the lieutenant. Shulman’s legal team also contends that the authorities submitted an “improper” official report over what happened. No charges were ever filed.

Although police had told Shulman to file a claim under a state law provision that covers claims against the state and its employees, they refused to cover her approximately $1,000 in medical expenses.

If you were involved in or caused a Boston traffic crash, you must stop at the scene to check on the others involved, get help when necessary, and exchange contact information. An experienced Boston injury law firm can help you obtain your financial recovery.

Also, if you believe that you law enforcement officials caused you injury because of their negligence, you may have grounds for a Boston injury case or a civil rights violation complaint.

Marathon Lawsuit: Woman recalls motorcycle impact, aftermath, The Metrowest Daily News, February 15, 2011

YouTube Video Shows Massachusetts Motorcycle Trooper Struck and Injured 61-Year-Old Female Pedestrian On Patriots Day, Boston Injury Lawyer Blog, July 10, 2007

Related Web Resources:
Boston Marathon Course Guides

Massachusetts State Police

More Blog Posts:
Massachusetts Student’s Family to File $120M Wrongful Death Lawsuit Over Fatal Police Shooting, Boston Injury Lawyer Blog, January 17, 2011

Massachusetts Man Files Lawsuit Alleging Springfield Police Brutality, Boston Injury Lawyer Blog, January 3, 2011

The National Transportation Safety Board says that Massachusetts ranks among the worst states when it comes to adopting federal drunk driving recommendations because it has only put into effect just 4 of the agency’s 11 recommendations for keeping repeat drunk drivers off the streets. This news raises the question, is the state doing enough to get drunk drivers off the road so that the number of Massachusetts car accidents that happen each year goes down?

Our Boston injury lawyers talk to families on a regular basis that have suffered inconsolable losses because a drunk driver got in a car and fatally struck a loved one. Adopting tougher measures to prevent drunk driving can only save lives.

Among the NTSB’s recommendations:
• The adoption of a dedicated drunk driving court
• Ignition interlock devices on first time offenders
• Not allowing an offender’s record to be scrubbed just because he/she underwent treatment
• Impounding a drunk driver’s vehicle
• Confiscation of license plates
• Long-term alcohol treatment
• Unannounced alcohol testing for drunk driver offenders

Drunk driving blurs the vision, slows reflexes, delays reaction time, and creates an altered state of reality that can make it impossible for a motorist to stay in control of his/her vehicle. Our Boston injury law firm knows how to pursue financial recovery against a drunk driver. Although nothing can be done to bring back a loved one that was killed or restore you or your life to the way it was before the collision that caused your catastrophic injuries, you still may have grounds for a civil case.

Feds: Mass. doing poor job vs. drunken driving, Boston Herald, February 10, 2011

Massachusetts faulted in fight against drunken driving, Gazettenet.com/AP, November 17, 2010

Related Web Resources:
National Transportation Safety Board

Massachusetts Laws About Drunk Driving

Related Blog Posts:
Alleged Drunk Driver Involved in Fatal Andover Car Crash Does Not Remember Striking Haverhill Pedestrian, Say Police, Boston Injury Lawyer Blog, December 14, 2010

Lynn Man Sustains Serious Injuries in Salem Car Crash Involving Alleged Drunken Driver, Boston Injury Lawyer Blog, August 30, 2010

Boston Wrong-Way Accident on Mass Pike Kills One Man and Seriously Injures His Friend, Boston Injury Lawyer Blog, December 29, 2009

The family of Vincent Cilia has settled their Boston wrongful death lawsuit against the Massachusetts Turnpike Authority and a number of contractors for $9 million. Cilia, a Massachusetts state trooper, suffered fatal injuries July 2005 when he was thrown off his motorcycle and struck the handrails in a Big Dig tunnel.

In their Suffolk County wrongful death complaint, Cilia’s family alleged that the handrails on the walkways in the tunnels are poorly designed. They compared the rails to the blades from a shredder in terms of the danger they can pose to motorists. Six other deaths have been linked to the rails. Most of the victims were dismembered after striking the them. One person survived but lost an arm.

The handrails are a little over 3 feet off the ground and approximately the height of a car window or motorcycle seat. The railings are supposed to support workers on walkways so that they don’t fall into traffic. While state officials have insisted that the handrails’ design is safe and complies with safety standards, The Boston Globe is reporting that newly obtained documents show that in 1992, the US Department of Transportation warned the Big Dig project director that there rails might pose a hazard. The director, however, replied that the rails were safe.

Experts, too, have questioned the safety of the handrails’ bars and raised questions about whether the rails posed a vehicle entanglement hazard because they were spread too wide apart from each other. Some of them thought that the railings could be less dangerous if their location was higher up.

If you lost someone you love because of a hazard on the road that should have been remedied or removed, you may have grounds for a Boston wrongful death case. Roads, highways, intersections, tunnels, bridges, crossing lanes, and sidewalks are supposed to be constructed in a manner that is safe and hazard-free.

Big Dig lawsuit settled for $9m, Boston.com, November 23, 2010

Big Dig trooper death lawsuit settled for $9M, Boston Herald.com, November 23, 2010

Boston Wrongful Death Lawsuit Claims Big Dig Tunnel’s Handrails are a Danger, Boston Injury Lawyer, February 22, 2010

Related Web Resources:
Boston Car Accident Lawyer Blog

Treacherous Railings in Big Dig tunnels

The Big Dig, MassDOT

This past week, A Bristol County jury awarded $500,000 in damages to a New Bedford man who suffered injuries in a 2006 motorcycle accident. ( note to readers – the plaintiff was not represented by Altman and Altman LLP)

As a result of the crash, which occurred four years ago, the plaintiff required multiple surgeries and was unable to return to work for more than two years. The man works as a civil engineer with the Massachusetts Highway Department.

The collision occurred on August 8, 2006 in Fairhaven. On that day, the defendant in the case was making a left turn onto Huttleston Avenue from Weedon Road. The defendant claimed that he did not see the plaintiff on his motorcycle because his view was obstructed by another vehicle. The defendant was working in his capacity as a pizza delivery driver when the crash took place.

Continue reading "$500,000 Awarded to New Bedford man for Injuries Sustained in a Fairhaven Motorcycle Accident" »

Questions are being raised over whether the handrails that line several miles of the Big Dig tunnel are a danger to Boston motor vehicle accident victims. Seven of the victims that died in the tunnel system between 2004 and 2008 were dismembered after they struck the handrails. One Massachusetts traffic accident victim who did survive lost an arm.

In Suffolk Superior Court, Massachusetts trooper Vincent Cila’s widow is suing the turnpike and Bechtel/Parsons Brinckerhoff for Boston wrongful death. Her Boston, Massachusetts motorcycle accident complaint claims that the sharp edges that support the handrails have the same effect on a person as would blades from a shredder. Cila was riding a motorcycle when he hit a handrail post in 2005. He severed his arm and broke his neck.

The handrails have earned the nickname “ginsu guardrails” after the ginsu knives. They were installed in the Big Dig System to prevent workers from falling into traffic.

The defendants in the Cila case claim that the handrails satisfy industry, federal, and state guidelines. However, the Boston Globe reports that experts they consulted with agree that the handrails’ design is flawed. They cite the handrails’ bars as being too widely spaced apart, which can cause a motorist to becoming entangled in the event that his/her vehicle hits the barrier. They also say that the railings should be placed higher up.

Currently, the handrails are placed a little under three feet above the ground. This is the approximate height of a car window or a motorcycle seat. The experts did say that recklessness and human error, such as speeding, and failure to wear seat belts, also contributed to the grisly Big Dig auto crashes.

Review of tunnel handrails is urged, Boston.com, February 22, 2010

Crash Deaths Spark Big Dig Tunnel Lawsuit, WCVB, February 22, 2010

Related Web Resources:
The Big Dig, MassDot

Massachusetts Highway Department

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" »

A 50-year-old Barrington man was injured in a Bedford motorcycle accident on August 20 when he was hit by a motor vehicle on Route 101. Robert Heywood was treated for his injuries at a Manchester hospital and then later released.

Heywood reportedly injured his leg, broke his knee, and sustained lacerations to his head and ear. He was not using a motorcycle helmet at the time of the Massachusetts traffic accident.

The Bedford, Massachusetts motorcycle accident happened early in the evening when Heywood was struck by a vehicle driven by 19-year-old Brittany Lacourse. Police say that the Lowell driver was talking on her cell phone when she crossed solid white lines and struck Heywood.

Heywood says that she dragged his bike at a speed of 5 mph. After his bike came free and fell over, he claims that she drove off. Her mother called police to report the Massachusetts motorcycle accident.

Heywood is a self-employed construction worker. He says he won’t be able to work while he recovers. Last week, Massachusetts police charged Lacourse with felony conduct after an accident.

In Massachusetts, there is no statewide law banning the use of handheld cell phones or the practice of text messaging while driving. Yet, time and again, our Boston injury law firm hears about the car accidents, motorcycle crashes, truck collisions, bus accidents, and train crashes that occur because a motorist was negligent when he or she decided to talk on the phone or text message while operating a motor vehicle.

Distracted driving of any kind can be grounds for a Bedford, Massachusetts motorcycle accident lawsuit if a rider was injured because another motorist was careless. It is a driver's responsibility to pay attention to the road and watch out for other vehicles and pedestrians so that no one gets hurt.

Mass. woman faces felony in crash that injured biker, Union Leader, August 28, 2009

Motorcyclist dragged, abandoned on highway, Bedford Bulletin, August 26, 2009

Related Web Resources:
Cell Phone Driving Laws, GHSA, August 2009

Distracted Driving, AAA Exchange

Massachusetts RMV