Boston Injury Lawyer Blog

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" »

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 " »

Even though Boston cab drivers are now banned from using a cell phone while driving, the Boston Herald is reporting that many cabbies are either ignoring the rule or just don’t know about it—or so they say. This behavior is dangerous and can cause Boston injury accidents.

One cab driver, Mohamad Moharam, told the Boston newspaper that he wasn’t aware that talking on a cell phone while operating a taxi was now illegal. He also says that police officers have not been cracking down on him or other cabbies when they’ve been spotted talking on their cellular phones.

Hackney Capt. Robert Ciccolo says he doesn’t believe that many Boston cab drivers are ignorant of the new rule as they say they have been. He does, however, acknowledge that it can be hard to tell whether a taxi driver is using a Bluetooth device to avoid getting caught—cab drivers are now not allowed to use this device while driving either. It also doesn’t help that many taxi passengers don’t like it when police pull over their cab.

Since January 1, 2009, when the ban went into effect, 20 violations have been issued resulting in 28 suspension. 22 taxi customers have complained because their Boston cab drivers were talking on cell phones while driving.

Many taxi drivers are reportedly not happy with the ban. Talking on a cell phone while driving has been a way for some of them to relieve the monotony of having to sit behind the wheel of their cab for 12 hours at a time while allowing them to connect with family and friends. The New York Times reports that some cab drivers have said that because they are professional drivers, they believe that they are less likely to become distracted while driving than regular motorists.

Unfortunately, there are many cell phone-driving related crashes that have occurred, including Boston bus accidents, MBTA train collisions, commercial truck crashes, car accidents, motorcycle collisions, and pedestrian accidents, because a “professional” driver was talking on a cell phone or texting and failed to notice another vehicle that was stopped ahead or a green light that had just turned red.

When people talk on a cell phone or text while driving, this means that less than 100% of their attention is on the road. Engaging in distracted driving always increases the chances that the driver will become involved in or cause a Boston traffic crash.

Cabbies turn deaf ear to cell ban, Boston Herald, August 14, 2009

Cabbies Stay on Their Phones Despite Ban, NY Times, August 3, 2009

Related Web Resources:
Cell phones as dangerous as drunk driving, CNET

Boston Licensed Hackney Carriages, City of Boston

Continue reading "At the Risk of Causing Boston Injury Accidents, Many Cab Drivers Still Talk on Cell Phones While Driving Despite Ban" »

Four people are dead after a lone gunman entered an LA Fitness gym in Pittsburgh, Pennsylvania on Tuesday night, shut off the lights in an aerobics room, and began shooting at patrons. He then killed himself.

Three women died in the shooting and at least 10 others were injured from the 50 rounds that he fired. According to police, the man, who a law enforcement source identified as 48-year-old George Sodini, didn’t say anything before he began shooting at people. Sodini was a gym member.

In a note found in Sodini’s gym back, the source says that the shooter talked about how he hated women.

One hospital admitted at least 5 shooting victims. A spokesperson for the hospital says the patients arrived at the hospital in critical condition.

The gunman maintained a blog prior to his death. He used the online diary to talk about his anger at being rejected by women, his desire to have a partner, and his loneliness. He lists his death as August 4, 2009. He refers to the murders as his “exit plan” and appears to have been plotting to execute his strategy for about a year.

Personal Injury and Wrongful Death Lawsuits Stemming from Violent Crimes
If you or someone you love was hurt because of a violent crime, there may be grounds for filing a personal injury or wrongful death complaint, such as:

Premises liability: Did inadequate security on the premise allow for the violent crime to happen?
Nursing Home negligence or abuse: Did a nursing home worker or a resident commit the crime and could the assisted living facility have acted to prevent the crime from happening? Did the facility neglect to perform a background check on the person that committed the crime?

Even if the property owner, company owner, event organizer, or another party did not have anything to do with committing the violent crime (but they could have or should have acted to prevent a crime from happen), you may be able to hold them liable for the harm that you and your love one have suffered. You also may be able to pursue financially recovery from the person that actually committed the violent.

Four dead, including gunman, in gym shooting, CNN.com, August 5, 2009

At least four dead in W. Pa. gym shooting, Philly.com, August 4, 2009

Continue reading "Deadly LA Fitness Shooting Leaves 4 People Dead and Injures 10" »

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" »

A Quincy couple is suing Brigham and Women’s Hospital for Massachusetts personal injury, including negligence, emotional injury, and breach of contract. The hospital had accidentally destroyed all 13 frozen embryos that the plaintiffs, Julie and Michael Norton, had placed in their care. Now, the Nortons are seeking $5 million in personal injury damages.

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

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

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

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

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

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

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

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

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

Related Web Resources:
Brigham and Women’s Hospital

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

In Massachusetts, the family of Charles F. Rondeau is considering filing a Massachusetts medical malpractice lawsuit for his wrongful death. Rondeau died on May 11, 2008.

UMass Memorial EMS paramedics arrived at his home after he complained that he wasn’t feeling well. The two paramedics walked him down three flights of stairs. He died three hours later from a massive heart attack.

Rondeau’s family filed a complaint asking why the 48-year-old, who had a history of heart disease and was having serious problems breathing and experiencing chest pains, was even made to walk down such steep steps. After conducting an investigation into the incident, Massachusett’s Department of Public Health made some disturbing discoveries.

Not only did Rondeau walk down the stairs but records were later falsified to make it appear as if he had been carried. The DPH’s Office of Emergency Medical Services blames UMass Memorial EMS paramedics Jonathan Hanson and Seth Peters for neglecting to give Rondeau the care he required in accordance with treatment protocols as outlined by the state of Massachusetts and for purposely falsifying the trip record and giving false information about the incident during interviews.

Peters told investigators that he wrote that Rondeau was carried down the stairs by accident out of force of habit and because he was in a rush to get the paperwork to the hospital. UMass Memorial EMS fired the two paramedics and the DPH’s Office of General Counsel is calling on the suspension of their EMT certifications.

Other deficiencies noted extended beyond the incident involving Rondeau, including failure to comply with state laws, failure to ensure the fulfillment of state regulations, failure to provide personnel with proper polices, and failure to keep up an effective quality assurance program. The ambulance service was also criticized for not ensuring the patient was immediately placed on advanced life support rather than waiting untll he was in the ambulance.

Examples of Paramedic Malpractice:

• Wrong diagnosis
• Delayed ambulance arrive
• Administering the wrong medication
• Not following proper procedures and protocols
• Negligent care

Paramedics accused of lying in Worcester death, Telegram.com, April 26, 2009

Related Web Resources:
Medical Malpractice Overview, Justia

UMass Memorial EMS

The vision of athletic girls dressed in short skirts, cheering, and performing acrobatic moves is a common sight at athletic events in schools and at professional sporting events throughout the US. Yet, cheerleading can be a dangerous activity, leading to serious personal injuries and wrongful deaths for some of its participants.

Last year, a Newton cheerleader died after performing at the Minuteman competition in Worcester. An autopsy determined lung collapse as Lauren Chang's cause of death after a teammate who had been thrown in the air accidentally kicked the 20-year-old's chest. At the time of the Massachusetts cheerleading accident, the emergency medical technician was away restocking her supplies.

Also in 2008, 14-year-old Haley Kozlowski sustained a serious head injury when she performed a double maneuver in the air, fell, and hit her head on the ground. Her mother, Kim, says she was the one who had to ask for an ambulance after she arrived at the cheerleading event some 20 minutes after her daughter got hurt. While Haley has learned to walk again, she missed months of school to recover. She still experiences pain, is more anxious, and struggles with school. Kim has filed a Massachusetts personal injury lawsuit on her daughter’s behalf.

In the fall of 2008, Ruth Burns filed a Massachusetts wrongful death lawsuit against East Elite Cheer Gym. Her 14-year-old daughter, Ashley, died in 2004, when she ruptured a spleen after hitting her stomach on another cheerleader’s shoulder. Instead of getting Ashley medical attention immediately, gym coaches told her to splash water on her face and raise her arms over her head.

These Massachusetts cheerleading accidents have spurred state lawmakers to work with victims to introduce legislation to form a committee that would be charged with making cheerleading safer.

According to Dr. Robert C Cantu, Boston University School of Medicine’s clinical professor of neurosurgery, cheerleading is the most dangerous sport that women in college and high school take part in. Over 50% of serious injuries and deaths to athletes between 1982 and 2007 involved cheerleading, with fliers the ones most likely to get hurt.

Raising alarm at sport's dangers, Boston.com, April 23, 2009

Cheerleader Death Highlights Dangers of Sport, ABC News, April 21, 2009

Lawsuit Filed Over Cheerleader's Death, WCVB, October 21, 2008

Related Web Resources:
Cheerleading accidents may fly under the radar, KHOU, September 5, 2008

Dangers of Cheerleading, CBS News, April 22, 2004

In the US District Court in Worcester, a state trooper is suing Taser International, the makers of the Taser stun gun, for $1 million. James Foley, a Grafton resident, says that when the weapon was used on him during a law enforcement seminar on Tasers, the electric currents that went through his body bent a surgical screw that was in his leg. Foley contends that because of exposure to the Taser, he experienced severe pain and suffering, loss of wages, and a diminished earning capacity.

According to Foley’s Massachusetts personal injury lawsuit:
At the Taser X-26 seminar in 2006, attendees were offered the opportunity to have the stun gun used on them so that they could understand how the weapon affects the human body. Foley says he told a Taser employee that he had surgical hardware in his left femur and the worker said use of the device on him would not impact the hardware or cause injury.

Foley’s personal injury lawsuit claims that the moment the Taser was used on him, he experienced pain in his left leg. At the hospital, he was told that the surgical screw that he’d had in his leg since 2004 was “seriously bent” and he now had a new fracture. His wife, who is also named as a plaintiff in Foley’s lawsuit, is claiming loss of consortium. Following the incident, Foley took time off work to recover from his injuries.

Tasers
Taser stun guns send 50,000 volts into their target for five seconds each time. The experience can be very painful for the person who is being Tasered and usually results in instant collapse.

Tasers are used by many law enforcement officers throughout the US to apprehend suspects. However, numerous personal injury and wrongful death lawsuits have been filed against Taser International by the victims and the families of people who died after a Taser was used on them. Their products liability lawsuits have contended that Tasers are inherently too dangerous.

Over the years, a number of personal injury lawsuits have also been filed by police officers who say they sustained serious injuries when the device was used to shock them during training sessions.

One police chief says that after he volunteered to have a Taser used on him in 2004, he had two strokes, suffered heart damage, experienced hearing loss, and sustained neurological damage.

State trooper from Grafton suing over Taser injury, Worcester Telegram & Gazette News, February 9, 2009

Related Web Resources:
Taser International

Man dies after Taser jolt from S.J. police, February 12, 2009

Judge awards $1.4M to lawyers in Taser lawsuit, SignonSanDiego.com, February 5, 2009

Police in the Boston area say at least 11 motor vehicle crashes occurred over the weekend. According to the National Weather Service, some 8.8 inches of snow fell from the sky on Friday, with another 3.7 inches of snow falling on Saturday and 3.8 inches on Saturday. This made for poor driving conditions. Some 50 plows tried to clear the streets over the weekend. Fortunately, there were no serious injuries.

One auto accident left a Jeep with significant damage after its driver hit an NStar utility pole. The 37-year-old Dedham motorist was eventually cited for leaving the scene of property damage. In another Boston motor vehicle crash, an auto struck another motor vehicle as it was backing out of a driveway. Another accident occured when a plow driver backed his vehicle into a Bridge Street building.

Driving in Snowy Weather
Snow and ice on the road can make for hazardous driving conditions that can lead to serious Massachusetts injury accidents. Just because poor weather conditions may have been a major factor in causing a traffic collision, however, does not mean that there aren’t steps that you can take to drive safely and prevent auto accidents from happening. As the driver of a car, truck, or bus, you are supposed to exercise even greater care to avoid auto crashes from happening, including:

• Drive at a slower speed
• Give yourself more time than usual to arrive at your destination.
• Make sure that there is even more space between you and the vehicle in front/behind you.
• Make sure your lights are on so that other drivers can see you.
• Brake gently so that your vehicle doesn’t skid.
• Don’t drive using your cruise control when the roads are icy.
• Drive defensively.

You may be entitled to Massachusetts personal injury compensation if you were injured in a Boston car accident.

Storm card : 3 days, 15 inches and 11 accident, The Daily News Transcript, December 22, 2008

Driving Safety Tips, National Weather Channel

Related Web Resource:
Winter Driving Safety Tips, Mass.gov

Continue reading "11 Boston Area Motor Vehicle Crashes Reported During Weekend Snowstorm" »

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" »

Five years after a pyrotechnics display at a nightclub killed 100 people during a rock concert, the Great White band has reached a $1 million settlement agreement with survivors and victims families. Over 200 people were injured in the fatal fire. Great White band member Ty Longley also died in the blaze, which has been called the 4th worst nightclub blaze in US history.

The fire broke out at The Station, a Rhode Island nightclub, when band tour manager Daniel Biechele ignited pyrotechnics at the start of the concert. The packaging foam used by the club to soundproof around the stage caught on fire. Biechele pleaded guilty to 100 counts of involuntary manslaughter, as did nightclub owners Jeffrey and Michael Derderian.

Dozens of plaintiffs have been named as defendants in lawsuits filed by fire victims and family members.

By agreeing to settle, the band members are not admitting to wrongdoing or misconduct. The settlement calls for the over 300 plaintiffs to endorse the agreement. A distribution plan for the funds also must be first worked out. Biechele, lead singer Jack Russell, the band’s management company, the record label, and several others are part of this settlement agreement with the fire victims.

Several other parties have settled their cases with the victims and family members including, the town of West Warwick and the state of Rhode Island. Both have agreed to settle with the plaintiffs for $20 million. Anheuser-Busch and a Rhode Island beer distributor will pay $21 million, and several foam manufacturers have agreed to pay $30 million. Other parties that were also sued for personal injury include a local fire marshal and the radio station that promoted the concert.

Settlements roll in over deadly nightclub fire, CNN.com, September 3, 2008

Great White offers $1m in nightclub fire, Boston.com, September 3, 2008

Related Web Resources:

Great White to Offer $1 Million to Victims of “Hot” Club Concert, EfluxMedia.com, September 3, 2008

Great White, Mistabone.com

An Andover resident and his family are suing the town for personal injuries he suffered when he was hit by a police car. Christopher “Gerry” Lohan was shoveling snow in his driveway last December when the accident happened. Officer Daniel Devine was driving the police cruiser.

Lohan, 39, suffered a fractured leg. He continues to have problems climbing and descending stairs and walking long distance and his still taking pain medication. A titanium road and screws were inserted in his leg. Lohan’s lawyer says his medical costs are up to $120,000.

Lohan and his family are seeking $400,000 in damages. Under Massachusetts law, a municipality can pay no more than $100,000 max per injury claim against it. The family has filed four separate claims. One claim for injuries and three claims for loss of comfort, care, consortium, and services on behalf of Lohan’s wife and their two sons.

Lohan’s attorney says that Devine was driving at a negligent speed and was not driving safely for the current weather conditions, which caused his vehicle to swerve across the road, crash into the snowbank, and hit Lohan.

As a result of the crash, Lohan flew into the hood and windshield of the police vehicle before being thrown 10-15 feet. The police car continued driving for about 25 feet before stopping. Andover police claim the crash happened because of weather conditions rather than speeding.

Serious injuries caused by a motor vehicle collision can require extensive and costly medical care. Not only must the victim contend with the physical hardship that comes with recovering and/or living with an injury, but he or she may not be able to return to work or complete tasks necessary to take care of a family or household.

Andover resident seeks damages for being hit by police cruiser, The Eagle-Tribune.com, August 13, 2008

Man hit by cruiser while shoveling driveway, AndoverTownsman.com, December 20, 2007

Related Web Resources:

Andover, MA

Andover Police Department

The Massachusetts family of Sean Lavalle, the Brookfield teenager who sustained second- and third-degree burn injuries on his right thigh during a 4th of July fireworks event at the beach on Walker Pond says that the exhibit, held by the Walker Pond Association, was handled by nonprofessionals.

Lavalle and his parents David and Brenda Brown says that friends invited them to attend the July 4 event, which is an advertised event that has taken place on the at Walker Pond for the past several years. Some 200 people were at the event.

According to David Brown, one of the men in charge of lighting the fireworks was drinking beer while igniting the explosives. At one point, the man reportedly stumbled, dropping the road flare he was using to light the fireworks onto a batch of explosives. It was at this point, Brown says, that one of the explosives flew up one of Sean’s pant legs.

Brown took Sean, who was on fire, to the pond to extinguish the flames. He says that he and his wife asked people to call 911, but most people ignored their requests. Sean was eventually transported by golf cart to the parking lot, where his wounds were treated, before he was taken to UMass Memorial Medical Center. Brown says that the Association restarted the fireworks display before Sean left for the hospital.

Sean has already undergone several (and there will likely be more) skin graft procedures. Police that are conducting the investigation say Walker Pond Association has not been very helpful. Law enforcement officers also say that there is no record showing that Walker Pond Association obtained the license that is required to hold a fireworks event.

Family not getting satisfaction after Fourth of July accident, Telegram.com, July 28, 2008

Fireworks-Related Injuries, CDC.gov

Related Web Resource:

Massachusetts Fireworks Laws

Continue reading "Brookfield Family of Teenager that Sustained Burn Injuries During July 4 Fireworks Says Walker Pond Association Did Not Run Exhibit Professionally" »

In Massachusetts, 38 elderly residents and eight workers at the Taunton Nursing Home complex were sent to local hospitals after high levels of carbon monoxide was found in the building.

Firefighters had to removed approximately 80 people from the building, evacuating the home’s north and old wings. Fire Chief Leman W. Padelford said that carbon monoxide sensors detected levels of CO of up to 120 parts per million, which is a high level of potentially fatal gas. A normal reading is below 10 parts per million. The source of the gas is under investigation.

Nursing Home Administrator Chuck Crush says that he thinks the gas came from a generator on the property that automatically kicked in when a power failure affected the city and that several air conditioners may have sucked in the carbon monoxide.

Carbon Monoxide Poisoning
CO is a gas without color or odor. It is the number one cause of accidental poisoning deaths in the US and is called the “Silent Killer.”

According to the CDC, some 15,000 are hospitalized each year and about 500 people are killed because of exposure to carbon monoxide. Signs of carbon monoxide poisoning include fatigue, nausea, and headaches. Exposure to CO for a long time can result in brain damage and death.

Common Scenarios Where People Risk Exposure to CO:

• Using generators or heating sources when the power is out
• Backdraft from a boat
• Riding in the back of an enclosed pickup truck
• Working at the scene of a fire
• Working with combustible gases or combustion engines in an inside setting

Dozens taken to hospitals after Taunton carbon monoxide incident, Boston.com, July 15, 2008

Carbon Monoxide Poisoning, Emedicinehealth.com

Related Web Resources:

Protect Your Family and Yourself from Carbon Monoxide Poisoning, Indoor Air Quality

Carbon Monoxide Poisoning, CDC

Continue reading "Taunton Nursing Home Residents and Workers Sent to Hospitals After Exposure to Carbon Monoxide" »

In Massachusetts, Steven J. Huard, a prisoner at the Middleton jail in has filed a $9.9 million personal injury lawsuit in federal court against the Massachusetts State Prison System, the Middlesex sheriff, other Massachusetts officials, and several doctors.

Steven J. Huard says that jail officials have denied him the proper medical care ever since he began serving his 5-6 year prison sentence. Huard began serving time in prison after he was convicted of assault and battery and resisting arrest charges in 2005.

Huard says he has had chronic health problems since 1989, when he was diagnosed with liver disease. He also sustained a spinal cord injury and bulging discs in 2002. In 2004, he sustained more injuries in a car crash. He also fractured his right hip and ribs when he fell from the roof of a two-story building in 2005. He underwent hip surgery and was told by the surgeon to use a cane, as well as undergo physical and rehabilitation therapies.

Huard was arrested two months after the surgery and convicted. Huard says that more health issues arose surrounding his hip, his back, and his neck in December 2005, and he needs more therapy. The doctor, however, was only authorized to examine his hip.

Huard also claims that after he was admitted to the Middleton jail, doctors cleared him to enter into the general population without a cane. He says that the Middlesex Sheriff Department won’t bring him to the necessary doctors.

If you have been seriously injured, it is important that you receive the proper medical care. Failure to obtain this care because of the negligence, carelessness, or recklessness of another party can be grounds for a Massachusetts personal injury claim or lawsuit against the responsible party.

Huard is seeking monetary damages. He also wants the jail’s procedures and policies to be revised so that he can get the medical care that he needs.

Ex-Billerica Man Sues Over Medical Treatment in Prison

Huard v. Essex County Correctional Center, et al, Justia.com

Related Web Resource:

Middlesex Sheriff's Office

In Massachusetts, Fall River resident Alyssa Bolduc, is suing Massachusetts State Trooper Allyson Powell for compensatory damages over a strip search that took place during a traffic stop in Dartmouth in March 2007.

Bolduc, 18, says that she and three friends were pulled over because of an unlit headlight. Bolduc says that she had unbuttoned the top button on her pants because she and her friends had just finished eating at the Dartmouth Wendy’s and she was full from her meal.

Although the police stop was for the headlight, Bolduc says that the police officers asked her and her friends if they had drugs or any prior criminal offenses.

Police noticed her unbuttoned pants and requested a female police officer to do a strip search. Bolduc says she was forced to stand naked from her waist down to her ankles in front of her friends and motorists—she says police told her to take under underwear off too. Officer Powell, wearing leather gloves, then allegedly conducted an “internal and manual body cavity search” of the teenager’s genitals. The teenager was not given a ticket or arrested following the search.

However, two of companions received traffic tickets. Christine Moniz was issued a $35 ticket for driving without a license, and Ryan O’Connell was issued a $35 ticket for letting someone without a driver’s license drive the car.

Massachusetts’s police strip search policy says that searches must be conducted in a police department facility unless circumstances necessitate otherwise and always in an area of complete privacy, away from public view. Police strip searches must also involve no touching.

Bolduc filed a formal complaint the day after the March 7, 2007 incident. An internal affairs report found evidence that Officer Powell violated police policies. The Massachusetts State Police Division of Standards and Training is disciplining her.

Lawsuit filed against Mass State Trooper, Herald News, April 30, 2008

Related Web Resource:

New England: Massachusetts: Strip-Search Settlement, New York Times, June 1, 2002

Related Web Resources:

Constitution of the Commonwealth of Massachusetts

Massachusetts Police Brutality

A federal judge is allowing a $105 million wrongful death lawsuit against Dateline NBC: “To Catch a Predator” to proceed. The lawsuit, brought by Patricia Conradt, alleges that her brother, Dallas prosecutor Louis William Conradt Jr. committed suicide because a sting operation accused him of having an online sexual conversation with someone pretending to be a 13-year-old boy.

Patricia is also accusing NBC of “steamrolling” police into arresting Louis, 56, after he did not appear at the sting operation site. She is blaming NBC for causing her brother’s suicide and ruining his reputation.

NBC conducts the sting operation with Perverted Justice. Police officers pose as underage kids during the chats. The disguised officers try to persuade the men to come to a house with hidden cameras under the pretense that they will be having is sex together. At the house, the program’s host confronts them and police make their arrests.

In his ruling, U.S. District Judge Denny Chin said that there were enough facts brought by the lawsuit that suicide was foreseeable. Chin says that it was the responsibility of the police to prevent Louis from committing suicide and that they, along with NBC, were deliberately indifferent.

Chin says that it was not necessary for a heavily armed swat team to take Louis from his home when he had never been accused of committing any act of violence and there was no evidence that he was armed. An NBC television crew was there to shoot the arrest. At the scene, one police officer reportedly told a Dateline producer that the arrest would make “good TV.”

Chin noted that NBC involved itself in a police operation and persuaded officers to act in a manner that would help create more drama for its TV show. The judge allowed the case to move forward based on the plaintiff’s claims of violation of civil rights and emotional distress.

Critics have called “To Catch a Predator” a form of entrapment.

Judge approves "Predator" lawsuit against NBC, Reuters, February 26, 2008

Lawsuit proceeds vs. NBC's 'Predator' by family of suicide victim, USA Today, February 26, 2008

Related Web Resources:

Dateline NBC: To Catch a Predator, MSNBC.com

Perverted Justice

In Suffolk County Superior Court in Massachusetts, the civil trial between a Boston couple and J.S. Waterman and Sons funeral home began on Thursday. Robert and Therese Bellisimo Benedict are suing the Boston funeral home for losing their stillborn son’s remains and possibly cremating him with the body of an adult woman.

The boy, named Lourdes, was a twin who died in Therese’s womb at Brigham and Women’s Hospital in April 2003. His brother, Cole, survived.

The Benedicts retained the services of the funeral home to take care of their son’s remains while they took care of Cole, who had been born premature. A casket was purchased for the body, and they intended to eventually lay their son to rest in an Everett cemetery.

On July 28, 2003, the funeral home contacted the couple to report that Lourdes’s remains could not be found. Funeral home employees checked a medical waste disposal system, an elevator shaft, coffins with corpses in them, and a nearby dumpster.

Several months later, the Benedicts sifted through the remains of a woman who had been cremated to see if they could find their son. DNA testing proved that there was a male presence in the ashes but could not confirm that it was Lourdes.

During his testimony on Thursday, Robert expressed sorrow that they have never been able to confirm if the ashes belonged to their son. The couple says they have suffered emotional anguish from the loss of their son’s body and their inability to receive closure.

Court hears of a grief compounded, Boston.com, February 22, 2008

Trial begins in case where Boston funeral home lost remains of couple's stillborn child, Boston.com, February 21, 2008

Related Web Resource:

JS Waterman & Sons-Waring

A lawsuit has been filed against the New England Patriots and their coach Bill Belichick for $100 million. The plaintiffs, former St. Louis Rams football player Willie Gary, a Rams seat license holder, and two 2002 Super Bowl ticket holders, claim that the Patriots defrauded St. Louis players and fans when they allegedly taped the Rams practicing. The Patriots won the 2002 Super Bowl against the rams.

The lawsuit claims that the alleged taping helped the Patriots win the Super Bowl, which defrauded Rams players and fans of millions of dollars. A Patriots employee allegedly recorded a Rams walk-through practice the Saturday before the Super Bowl, which took place at the Louisiana Superdome.

The final score was 20-17, and the plaintiffs believe that the Rams might have won the Super Bowl if the alleged taping never happened. The Patriots deny that the taping ever happened.

However, Matt Walsh, an ex-Patriots employee, says that he shot the tapes and has video evidence. His attorney says he will turn in the tapes if he is given immunity from any criminal charges.

The plaintiffs are asking for $35 million in damages. They want compensation for the Super Bowl rings, the $400 for tickets paid by $72,922 fans, and endorsements and bonuses that the 45 Rams players did not receive as a result of the loss.

Attorneys for the plaintiffs are tripling the amount of damages sought, based on the Civil Rico laws, which is why the lawsuit is asking for $100 million. They want the complaint to be considered a class action lawsuit and to include three classes—the fans, the Rams football players, and the 2001-20002 Rams seat licenses owners.

This isn’t the first lawsuit blaming the Patriots for taping another team. In another lawsuit against the Patriots, Carl J. Mayer, a New York Jets fan, filed a lawsuit against the football team for all Jets season-ticket holders because the team had videotaped a 2007 New York Jets game for the signals. The Patriots were fined $250,000 and docked a first-round pick. Bill Belichick was fined $500,000.

Missing Walsh seeks protection, Boston.com, February 16, 2008

Missing $100M lawsuit filed against Patriots, Boston Herald, February 15, 2008

Missing Player Seeks $100M For Alleged Patriots Taping, WJZ.com, February 15, 2008

Related Web Resources:

Gary et al v. New England Patriots et al, Justia.com

Missing Civil Rico Overview, Lectlaw.com

Missing New England shocks St. Louis to win Super Bowl XXXVI, CNN, February 3, 2002

Missing St. Louis Rams

Missing New England Patriots

Approximately 87,000 Massachusetts drivers have been in at least two motor vehicle accidents from 2002 through June 2007. 8,400 of these drivers have been in three crashes. Some 1,100 were in four auto collisions. Some 220 people have been in at least five accidents. Yet a number of these drivers continue to return to the roads. There are 4.7 million Massachusetts drivers.

The Boston Globe looked at 750,000 accident records from the Registry of Motor Vehicles. According to the study:

• Males are more frequently involved in motor vehicle accidents than females.
• Drivers 25 years of age and under are involved in 30% of the crashes.
• Fridays, after midnight, and after rush hour are the times when accidents are most likely to occur.

According to state and public safety officials, common causes of motor vehicle accidents in Massachusetts include:

• Negligence
• Aggressive driving
• Driver inexperience
• Bad road designs
• Bad weather

In one recent deadly hit and run accident, the driver, Craig P. Bigos had at least six tickets and two motor vehicle crashes on his driving record. He was also driving with an expired license. Bigos allegedly hit a 13-year-old pedestrian while text messaging. He faces a motor vehicle homicide charge.

In 2004, a repeat offender heading to a methadone clinic struck a 55-year-old man in Kingston. In 2005, a 76-year-old Upton farmer, who has been in five accidents in six years, drove his tractor into a truck driven be an off-duty cop.

Accidents waiting to happen, Boston.com, February 10, 2008

Related Web Resources:

Massachusetts Registry of Motor Vehicles

2004-2006 Massachusetts Crash Statistics

Continue reading "Thousands of Massachusetts Drivers Have Been Involved In Multiple Motor Vehicle Accidents " »

A jury in Massachusetts has awarded Louise Scialdone, a 58-year-old Somerville resident, $10 million in her personal injury lawsuit against the Massachusetts Transportation Bay Authority (MBTA). The total sum, interest included, is nearly $12.8 million.

Scialdone sustained a traumatic brain injury when an MBTA bus hit her on February 4, 2004. Scialdone used work with the Massachusetts Department of Transitional Assistance as a clerk.

Scialdone had a walker because she suffers from arthritis. She was struck while waiting for the bus at the stop on McGrath Highway.

The driver apparently lost control of the bus, which then struck Scialdone. She flew five feet before her head struck a parked car. One witness said the driver was operating the bus at about 30mph and was moving too fast for the icy road conditions.

The driver was suspended for one day and continues to be employed with the MBTA.

Scialdone can no longer work and has memory and balance problems. Once a voracious reader, she can only absorb reading material up to the level of a third grader, and she is sensitive to noise and light.

Because of her condition, she only appeared in court for part of the trial. Her daughter, Stephanie Mackesy, says Scialdone can no longer take part in the same activities she used to enjoy with her 14-year-old granddaughter.

Scialdone will use the recovery awarded by the Middlesex County jury to pay get better 24-hour care, which she requires because of her TBI. This care costs about $200,000 annually. She will relocate to a brain injury rehabilitation center. Scialdone currently lives in a nursing home.

MBTA’s insurance will only cover the damage amount over the first $7.5 million. It is not yet known whether the MBTA, which has been having financial problems, will appeal or find a way to pay Scialdone.

T policy falls short on injury award, Boston Globe, February 12, 2008

Woman struck by MBTA bus awarded $10 million in damages, Boston Herald, February 12, 2008

Related Web Resources:

Massachusetts Bay Transportation Authority

What is Traumatic Brain Injury?, National Institute of Neurological Disorders and Stroke

Four people were injured today in Massachusetts today when a manhole exploded and let out a spray of steaming water that may have contained asbestos. The water hit all four injury victims.

The injury accident occurred in Boston near a building at the corners of Summer and Redding. Boston Emergency Medical Services appeared at the scene after it became known that a hazardous material was possibly involved in the explosion. EMS workers medically monitored and decontaminated the firefighters at the accident scene.

The four injured persons, three of them energy company workers, were also decontaminated before being sent to nearby hospitals for treatment of their injuries.

The Boston Fire Department say they think that it was a steam pipe and not a manhole that exploded.

Asbestos Exposure
Exposure to asbestos can lead to catastrophic injuries, such as lung cancer, mesothelioma, and asbestosis. Although the dangers of asbestos exposure increases the longer the exposure time, there have been cases where someone has briefly been exposed to it and ended up with malignant mesothelioma.

If you become sick because of exposure to asbestos on the job, you may not be able to file a personal injury claim against your employer because you are likely eligible for workers’ compensation benefits. An experienced personal injury attorney can make sure that you receive all the benefits that you are eligible for. Your personal injury lawyer can also help you determine if there are third parties that can be held liable for your illness.

According to Allasbestos.org, Massachusetts is ranked 11th in the United States among the 50 states and the District of Columbia for having the highest number of asbestos-related deaths- from 1,355 fatalities to 1,715.

Hub Steam Explosion Injures Four, Boston Herald, September 12, 2007

State Ranking of Asbestos Related Mortality Rate, Allasbestos.org

Related Web Resources:

Massachusetts Workers Compensation Law, Workers Compensation Insurance.com

Asbestos, EPA.gov

Continue reading "Hub Steam Blast that Injures Four in Massachusetts Raises Concerns of Asbestos Exposure" »

Reports made to the FDA (Food and Drug Administration) show that the number of serious injuries and deaths caused by over-the-counter medicine and prescription drugs grew significantly between 1998 and 2005.

Out of the 467,809 drug-related injuries and fatalities, nearly half of these cases could be attributed to 51 drugs. Drugs that affect the immune system, and painkillers, such as oxycodone, reportedly caused a lot of the deaths. The drugs most frequently linked to serious complications that weren’t fatal included Vioxx, Paxil, Remicade, and insulin.

The death toll from using prescription and over-the-counter drugs was three times higher in 2005 than in 1998:

• In 2005, over 15,000 people died because of reactions to drugs.
• 5,519 people died from using prescription and over-the-counter drugs in 1998.
• In 2005, 89,482 injury cases were caused by serious side effects from drug treatment.
• There were 34,966 reported injury cases caused by side effects in 1998.
• There are at least 500 injury cases involving Estrogen every year.
• More women were affected by pharmaceutical drugs than men.

This analysis can be read in the latest issue of Archives of Internal Medicine.

If you or someone you love has become seriously ill while using a prescription drug or over-the-counter medication, you should speak with a personal injury lawyer right away.

It can be very hard to prove that an illness, serious injury, or wrongful death was caused by a pharmaceutical drug. An experienced personal injury attorney will know how to investigate and prove your products liability case.

Although the FDA is supposed to prevent drugs that are not safe from entering the marketplace, sometimes, the problems with a drug are not discovered until after people have started to get sick or die. Illness, injury, or death caused by a defective drug can be grounds for a products liability claim or lawsuit against the drug manufacturer and/or distributor.

Even if a drug has been pulled off the shelf, you could still be entitled to compensation via pharmaceutical litigation if you are an injury victim.

Here is a list of some other drugs that have been the subject of drug litigation cases:

• Ephedra
• Fen-Phen
• Prempro
• Accutane
• Serzone

Analysis: Deaths from drug reactions up, Boston.com/AP, September 11, 2007

Reports of Drug Side Effects Rise, U.S. Study Finds, Bloomberg.com, September 10, 2007

Related Web Resources:

U.S. Food and Drug Administration

Archives of Internal Medicine

Continue reading "U.S. Drug Data Study Shows Deaths and Injuries From Pharmaceutical Drugs Are Rising" »

A North Easton man who was seriously injured last Friday after a metal grate flew through his Toyota’s windshield while he was driving on route 128 is still in the hospital and is in stable but critical condition.

Pawel Swierzcynski, 39, had to be flow to Boston and taken to Brigham and Women’s Hospital after the accident that occurred early on the morning of July 27 in Westwood.

Massachusetts highway engineers are trying to figure out what caused the steel grate to become dislodged and fly into the car windshield.

Worried citizens had recently expressed concerns to that they were worried that one of the 24 grates on the storm drains could come loose. SPS New England, a contractor, had been ordered to secure all of them. Officials say they don’t know why the problem was not resolved.

The grates, also called steel catch basins, usually weigh approximately 250 pounds each and sometimes they are not held in place by anything but their own weight.

After the accident, MassHighway personnel spent the day welding the remaining grates in the area to prevent similar accident from occurring again. Construction had been taking place in the area, and officials are now going to be looking at other construction zones to see if a similar problem could occur.

Usually, catch basins are placed next to highways and roads. The basins were relocated to high-speed lanes because of the construction work in the area.

When a person is seriously injured because another party was negligent, the injured person may have grounds to file a personal injury claim.

Massachusetts law holds negligent persons responsible for the injured persons:

• Pain and suffering
• Past, ongoing, and future medical and recovery costs
• Any lost wages
• Expenses incurred to hire help while the injured person recovers
• Rehabilitation costs
• Property damage
• Permanent disfigurement
• Disability resulting from the accident
• Other costs resulting from the accident

Man still hospitalized after accident, Easton Journal, August 2, 2007

Catch Basin Cover Crashes Windshield, Injures Driver, The Boston Channel, July 27, 2007

Repairs On Loose Grate Ordered Before Accident, WBZTV.com, July 27, 2007

Related Web Resource:

SPS New England

Continue reading "Massachusetts Man is Seriously Injured After Grate Smashes Through Car Windshield" »

Massachusetts Governor Deval Patrick says that the state has 27 steel truss bridges that are similarly designed to the Minneapolis Bridge that collapsed on Wednesday but that none of them are in danger of collapsing.

Authorities in Minnesota continue to search for survivors, following the collapse of the eight-lane interstate bridge that injured at least 79 people, trapped up to 50 motor vehicles in the Mississippi river, left at least 20 people still missing, and killed at least 4 people.

The bridge took less than 4 seconds to fall 60 feet into the river, and the water under the collapsed structure is about 7 feet deep. The river currents are pushing around blocks of pavement and twisted steel and making it very difficult for divers to search for survivors.

Investigators say they will try to determine the cause of the collapse. A 2001 study by the Minnesota Department of Transportation discovered several “fatigue problems” in the bridge and that certain areas, if cracked, could cause a collapse.

In 2005, the U.S. Department of Transportation’s National Bridge Inventory database determined that the Minnesota Bridge was structurally deficient and it received a 4 rating on a scale of 0 to 9, signifying deterioration and advanced section loss.

A school bus filled with over 50 children (ages 5 to 14) that had just finished a summer field trip was one of the many motor vehicles on the bridge when it fell. Eight of the children were hospitalized and treated for their personal injuries as a result of the bridge accident.

In Massachusetts, Governor Patrick has asked state transportation officials to look at bridge inspection records to make sure that there wasn’t anything about the conditions of the current 27 bridges to trigger alarm. In 2006, former Massachusetts Governor Mitt Romney announced a plan to spend $1 billion over a five-year period to fix over 600 crumbling bridges in the state.

Massachusetts has 506 bridges that are “structurally deficient,” meaning that they received the same rating as the bridge that collapsed in Minneapolis. The rating means that a bridge is reaching the end of its lifespan.

After an accident as serious as a bridge collapse occurs, an investigation will have to take place to see who acted negligently or carelessly so that the accident occurred. The party or parties can be held liable by filing personal injury claims or wrongful death lawsuits against them. It is not uncommon for there to be more than one negligent party, and a good personal injury lawyer can help you file a successful injury claim.

Relatives hope, pray as river search continues, CNN.com, August 2, 2007

Patrick: 27 Mass. bridges similar in design to Minn. bridge, Boston.com, August 2, 2007

Related Web Resource:

National Bridge Inventory, U.S. Department of Transportation, IRE.org

Continue reading "Massachusetts Has 27 Bridges that Are Similar to Collapsed Minneapolis Bridge that Injured at Least 78 People" »

A jury in Suffolk County, Massachusetts has awarded William Dodge, a Boston resident, over $16 million in a personal injury lawsuit.

Dodge lost the ability to use his legs and arms in 2005 after being struck by an automobile while crossing the street in a crosswalk on Bridge Street close to the Salem commuter rail station. The defendant, Arda Tezel (the driver of the car that hit Dodge) was speeding when he struck the former executive chef. Dodge became a quadriplegic after sustaining a fractured spine in the crash. In addition to medical bills so far costing three quarters of a million dollars, he will need medical assistance for the remainder of his life.

The $16 million dollar plus verdict is one of the largest awards given by a jury to a personal injury plaintiff in Massachusetts this year. Dodge received $13,129,671. Interest already earned pushes the total to over $16 million. The jury announced the verdict in Suffolk Superior Court following an eight-day trial.

Tezel resides in Turkey. An arrest warrant has been issued for the defendant, as he has failed to appear in court. Police have also filed a criminal complaint against him.

The costs that come with recovering from a serious car accident can be astronomical, which is why it is so important to hire a good personal injury lawyer who can help you obtain the largest recovery possible. Your personal injury attorney can negotiate a settlement with the negligent party’s insurance company and, if necessary, file a personal injury lawsuit and demand your financial recovery in court.

Spinal cord injuries can be especially severe and life altering. The costs associated with a spinal cord injury can include not only medical bills and rehabilitation, but also ongoing medical care. The personal injury lawyer that you work with should also be experienced in dealing with spinal cord injury cases.

Man who lost use of limbs awarded $16m, Boston Globe, June 30, 2007

Related Web Resources:

Spinal Cord Injuries, MedlinePlus

Spinal Injury Overview, Justia.com