Boston Injury Lawyer Blog

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.

Our Boston personal injury lawyers represent clients in cities across Massachusetts that have been injured because of other parties’ negligent, careless, or criminal actions.

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

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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.

In Massachusetts, our personal injury law firm represents clients who have suffered physical and emotional harm caused by the negligence or recklessness of others. We also represent families who wish to file wrongful death cases against the party or parties that caused the deaths of their loved ones.

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

Continue reading "Judge allows $105 Million Wrongful Death Lawsuit Against NBC’s ‘Predator’ for Suspect’s Suicide " »

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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.

Our Boston, Massachusetts personal injury law firm represents clients who have suffered physical or emotional injuries because of the negligence of another party. We also handle cases involving property damage.

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

Continue reading "Boston Couple Sues Funeral Home for Losing Stillborn Baby’s Remains " »

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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.

If you have suffered damages, injuries, or losses as the result of the carelessness, negligence, or recklessness of another party in Massachusetts—whether the actions were intentional or not, you may be able to file a lawsuit for financial recovery with the help of a Massachusetts personal injury lawyer.

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

Continue reading "New England Patriots Sued $100 Million for Allegedly Taping Rams Practice" »

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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.

The people who suffer the most in car crashes, bus accidents, truck collisions, and pedestrian accidents are usually the ones who had nothing to do with causing the accidents. The injuries, deaths, and pain and suffering of the victims and their loved ones cannot be measured. They can, however, speak to a Massachusetts personal injury lawyer to determine whether they are entitled to receive compensation for the harm that was done to them.

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 " »

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Posted In: Bus Accidents , Car Accidents , Pedestrian Accidents , Personal Injury , Truck Accidents , Wrongful Death

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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.

If you have suffered a traumatic brain injury in an accident caused by another party’s negligence, or if you have been seriously injured in a motor vehicle accident anywhere in Massachusetts, our Boston personal injury law firm would be happy to speak with you.

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

Continue reading "Jury Awards Brain Damaged-Massachusetts Woman Hit by MBTA Bus $10 Million Personal Injury Verdict" »

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Posted In: Bus Accidents , Personal Injury , Traumatic Brain Injuries

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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" »

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Posted In: Personal Injury , Workers' Compensation

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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" »

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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" »

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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" »

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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

Continue reading "Massachusetts Pedestrian Is Awarded $16 Million For Losing the Use of His Limbs After 2005 Car Accident in Suffolk County" »

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