Boston Injury Lawyer Blog

Britax Child Safety, Inc. is recalling 14,220 Chaperone Infant Car Seats due to a defect that could cause the harness straps to fail. The NHTSA says it does not know of any injuries or deaths related to this product defect. In Massachusetts, do not hesitate to contact our Boston products liability lawyers if you believe your child’s injuries were caused by a defective safety seat.

The safety issue involves the rivet that attaches the harness adjuster to the child safety seat. Because the rivet is defective, the adjuster may separate from the the seat, causing the safety straps that are supposed to keep the baby in his/her seat to fail.

Recalled Britax models include the:
• E9L692K
• E9L692J
• E9L692L
• E9L692M

These were made between September 2010 and April 2011.

A child safety seat is supposed to keep its rider properly secured so that in the event of a Massachusetts car crash he/she is protected and the chances of serious injury or death are minimized. Unfortunately, there are car seats that not safe for use and may cause more harm than help.

Common child safety seat defects:
• Latch defects that prevent them from staying secure and locked during an accident
• Poor quality straps that can easily tear
• Strap adjusters that allow/cause the straps to fit too tight or too loosely
• Seat frame defects

Car seat defects can cause a child to be thrown from the seat, become trapped, or injured.

It is important to know that not all car seats are for every age group or child or can be used with all cars. Also, Child safety seat manufacturers must provide clear instructions on how to use these products.

Consumer Advisory: Britax Recalling 14,220 Child Safety Seats for Safety Harness Straps That Will Not Properly Restrain Child, NHTSA, January 27, 2012

Britax

More Blog Posts:
Boston Child Injuries: Do Some Toys Cause Hearing Problems?, Boston Injury Lawyer, December 26, 2011

Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer, October 15, 2011

Boston Wrongful Death Lawsuit Filed in Toddler’s Fatal North Attleboro Crib Accident, Boston Injury Lawyer, January 12, 2011

Continue reading "14,200 Britax Child Safety Seats Recalled Over Defective Harness Straps" »

According to Boston fire officials, a Hyde Park mom and her three kids were treated at Massachusetts General Hospital today after they suffered from carbon monoxide poisoning. The four of them were removed from their residence this morning.

Fire Department spokesman Steve MacDonald said they were called to home the evening before after the CO detector went off. However, when firefighters arrived at the residence, they did not detect carbon monoxide in the air and they advised the family to change the detection device’s battery.

The home’s owner, Jean Louisia, said that police might not have been able to detect the CO because he had opened the windows. Later that evening, the device went off again and Louisia unplugged him.

It wasn’t until around 6:30am this morning while Louisia was driving to work that his 20-year-old daughter called to express concern that her mom and siblings weren’t feeling well. (Firefighters that arrived at the scene this morning recorded high carbon monoxide readings on the premise.)

Carbon Monoxide Poisoning
Because you cannot smell or see carbon monoxide, it can creep up on a victim without his/her knowing, causing serious injuries, including brain damage, and even death. Nonelectric boilers, fuel-fired furnaces, certain types of space heaters, ovens, gas stoves, other appliances that use gas, or a vehicle left running in the garage can cause carbon monoxide poisoning in the home. The wintertime, when a lot of these appliances are in use, is when many CO poisoning accidents happen. Appliance malfunction or the external vent to a fuel-burning appliance getting clogged up by snow are just two reasons why too much carbon monoxide might leak into the air.

Depending on the source of the carbon monoxide leak, there may be someone that should be held liable for the injuries sustained by you or your loved ones. An experienced Boston injury lawyer can help you explore your legal options.

Mother, three children from Hyde Park taken to hospital after carbon monoxide exposure, Boston.com, January 23, 2012

Carbon monoxide drives four from Hyde Park home, Boston Herald, January 23, 2012

Protect Your Family and Yourself from Carbon Monoxide Poisoning, EPA

More Blog Posts:
Nantucket Carbon Monoxide Poisoning Incident Sends 11 Apartment Residents to the Hospital, Boston Injury Lawyer Blog, April 16, 2011

Sterling Man Sues Strip Club for Worcester Personal Injury Over Alleged Beating By Club Employee, Boston Injury Lawyer Blog, March 18, 2011

4-Year-Old Dudley Boy Dies in Auburn, Massachusetts Escalator Fall Accident, Boston Injury Lawyer Blog, March 16, 2011

The Food and Drug Administration has written to 33 medical device manufacturers directing them to conduct three-year study into the health complications that may arise from using transvaginal mesh. Between just 2008 and 2010, the federal agency received 1503 reports of adverse occurrences, which is fivefold greater than the two previous years.

Hundreds of women have come forward to file products liability lawsuits over their vaginal mesh implant-related injuries claiming. In Massachusetts, if you are someone who believes that your health complications are a result of your transvaginal mesh procedure, contact our Boston defective medical device law firm immediately.

A medical device of choice for treating stress urinary incontinence and pelvic organ prolapse, transvaginal mesh has been linked to organ damage, chronic pain, urinary tract infection, perineal cellulitis, infection, organ perforation, painful intercourse, and even death. Also, last year the FDA reported it couldn’t confirm that vaginal mesh provided any added benefits compared to other procedures and devices used to treat the same health issues.

Boston Scientific, Johnson & Johnson, and CR Bard Inc. are three of the 33 medical device makers who received letters from the FDA calling for the studies. The federal agency wants the manufacturers to study vaginal mesh devices that are currently available for use. (Transvaginal mesh products that aren’t in the market yet don’t have to be included in the study.)

Because vaginal mesh products get their FDA approval through the 510(k) system, they don’t have to be tested on humans first because they are already similar to a medical device that was already approved. It is important to note, however, that the Boston Scientific vaginal mesh device that was FDA approved was recalled over a decade ago.

Transvaginal Mesh
This kind of mesh is a surgical mesh (usually made from polypropylene or polyester). It is often used as a bladder or pelvic sling, to strengthen the vaginal wall and/or provide support to organs that have been displaced. Unfortunately, when health complications arise as a result of transvaginal mesh, the patient may have to undergo additional surgeries and more complications can arise.

J&J, C.R. Bard Must Study Safety of Vaginal Mesh, FDA Says, Bloomberg, January 5, 2012

Looking Into Problems With Transvaginal Surgical Mesh, FDA

More Blog Posts:
Vaginal Mesh Injuries Lead to Boston Defective Medical Device Lawsuits, Boston Injury Lawyer Blog, September 22, 2011

Boston Products Liability?: FDA Considering Tougher Review Process for Mesh Products, Boston Injury Lawyer Blog, August 30, 2011

Defective Medical Device?: Transvaginal Mesh to Treat Pelvic Organ Prolapse May Cause Health Complications, Warns FDA, Boston Injury Lawyer Blog, July 15, 2011

Continue reading "Transvaginal Mesh: FDA Wants Manufacturers to Conduct Three-Year Studies on Complications" »

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

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

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

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

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

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

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

Man Awarded $48.1M Dangerous Drug Verdict in Products Liability Lawsuit Over Motrin, Boston Injury Lawyer Blog, October 7, 2011

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

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

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

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

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

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

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

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

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

Noise and hearing protection, American Academy of Otolaryngology

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

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

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

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

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

According to the Boston Globe, Segway accidents have resulted in at least 10 injuries in this city in the last 12 months. Nine of the incidents involved fall accidents off the Segways. A tenth incident involved a person on a Segway getting hit by a car.

Four of the Boston Segway accidents occurred in the Beacon Hill area. Another four happened in the North End, while two other incidents took place in Charleston.

If you or someone you love was injured in a Massachusetts Segway accident, you may want to explore your legal options with an experienced Boston injury lawyer.

Segways
As this two-wheeled electric vehicle that riders are expected to stay balanced on has grown more popular, so has the number of injuries. While Segway accidents do occur because of rider inexperience (it can take a little while for some people to get a hang of using the “Lean Steer” handlebar, as they lean forward and back to get a Segway moving) other common causes of related injury accidents are poor instruction, inadequate supervision, a defective Segway, a malfunctioning part, or a defect on the road.

Just last year, the Annals of Emergency Medicine reported that 25% of patients who were admitted to one DC ER were Segway accident victims. At least four people had sustained traumatic brain injuries and were treated in the ICU.

All of the accident information used in this study involved Segway fall incidents with the victims striking inanimate objects. Less than half of the patients whose records were examined had been using helmets. It was also last year that Segway company owner James Heselden died in a Segway accident. The 62-year-old sustained fatal injuries when his Segway skidded into the Wharfe River in England.

Other Segway Accident Injuries:
• Broken bones
• Spinal cord injuries
• Facial injuries
• Wrist injuries
• Disfiguration

In 2006, 23,500 Segways were recalled because a defective part caused the personal transporters to suddenly go backwards at high speeds. That announcement was made three years after Segway recalled another 6,000 because of a safety issue that could cause the two-wheeled vehicle to stop suddenly while the battery was discharging.

Segway has been named as a defendant in a number of products liability lawsuits. Parties that rent or loan out a malfunctioning Segway can also be held liable for Boston personal injury. If a road defect was the cause of your Segway accident, you may have grounds for a Massachusetts premises liability case.

10 Segway injuries reported in Boston over last year, Boston, December 7, 2011

Serious Injuries From Riding Segways Increasing, MedicineNet.com, September 28, 2010

More Blog Posts:
Springfield Man Sustains Massachusetts Burn Injuries in Leaf Blower Accident, Boston Injury Lawyer BLog, November 24, 2011

Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer Blog, October 15, 2011

Massachusetts Premises Liability?: Most Shopping Mall Escalators Are Not Inspected Annually, Boston Injury Lawyer Blog, April 26, 2011

Continue reading "Boston Injuries Reported in 10 Segway Accidents in 2011" »

According to a recent study, there are four kinds of medications that are most commonly linked to adverse reactions that end up sending about 100,000 elderly persons to the emergency room each year. These medications are the blood thinner warfarin, insulin, oral hypoglycemic agents, and antiplatelet drugs. Meantime, meds considered “high-risk” were only a factor in 1.2% of these hospitalizations. More on the study can be found in the New England Journal of Medicine’s November 24 issue.

Our Boston injury lawyers want to remind you of the important of doctors notifying patients of any risks involved with taking certain medications—especially when taking more than one drug. There also may be a way to treat someone’s condition without medication. Meantime, it is also the responsibility of drug manufacturers to make sure that they warn doctors and consumers of any adverse reactions that can result from taking a medication, while keeping serious side effects to a minimum. Failure to fulfill these duties can be grounds for a Massachusetts dangerous drug lawsuit.

Researchers involved in this recent study identified between 2007 and 2009 over 5,000 involving patients in the 65 and over age group that experienced an adverse reaction to certain medications. 48% of those who were hospitalized belonged to the age 80 and over age group. Accidental overdose was a factor in 66% of these incidents.

Of the four types of medications most commonly cited, bleeding was the main issue of concern for the blood thinners and antiplatelets. Seizures, confusion, loss of consciousness, and other changes in mental states were side effects associated with the diabetes medications.

The study notes how important it to be aware that when seniors are involved (especially those older than 80), there appears to be a higher risk of adverse side effects than if the person taking the medication was younger. However, it is important to remember that many of the patients were taking these drugs because they have to in order to maintain their health. The authors of the study noted that 40% of seniors are taking at least medications at a time, while about 18% have to take 10 drugs or more.

Four common meds send thousands of seniors to hospital, USA Today, November 25, 2011

Emergency Hospitalizations for Adverse Drug Events in Older Americans, New England Journal of Medicine, November 24, 2011

More Blog Posts:
Man Awarded $48.1M Dangerous Drug Verdict in Products Liability Lawsuit Over Motrin, Boston Injury Lawyer Blog, October 7, 2011

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

Boston, Massachusetts Accutane Lawsuits Blame Acne Drug for Severe Intestinal Problems, Boston Injury Lawyer Blog, August 2, 2011

Continue reading "Adverse Reactions to Diabetes Meds, Antiplatelet Drugs, Blood Thinner, and Insulin Linked to Elderly Seniors Ending Up in the ER, Reports New Study" »

A 21-year-old man sustained third- and second- degree burns in a Springfield, MA injury accident involving a leaf blower and a lit cigarette. Javier Rivera was reportedly using the machine when gas spilled onto his arm while it was being refueled.

At the time, Rivera and another man were using the leaf blower. Rivera’s arm ignited when one of them lit a cigarette.

Depending on the specifics of what happened, Rivera may have grounds for filing a Massachusetts personal injury lawsuit. For instance, if the gas spilled out of the leaf blower because of a product defect, then he may be able to pursue a Massachusetts products liability case against the manufacturer. Another possible reason for a defective product lawsuit would be a failure to warn of dangers involved with using the leaf blower and not providing instructions for proper and safe use. Also, if it was Rivera’s companion that lit the cigarette then this could be grounds for a Springfield personal injury case against him.

Massachusetts Personal Injury
To prove negligence in a Springfield injury case, the plaintiff must show that another party was negligent. Because Massachusetts is a comparative negligence state, if a victim contributed to his/her own injuries, then the amount he/she can receive is lowered by the percentage of responsible attributed to the claimant—unless that percentage of negligence is 51% of greater, in which case a plaintiff cannot receive any compensation.

There may be more than one party who should be held liable. If so, each party would be held responsible for part of the damages that would be proportionate to the percentage of fault allotted. Massachusetts' joint and several liability rules, however, lets a plaintiff sue one person for all damages. If the plaintiff wins the case then that party can sue the others that are at fault for repayment.

Javier Rivera of Springfield suffers 2nd, 3rd degree burns in leaf-blower accident, MassLive, November 21, 2011

Springfield man burned in leaf blower accident, Boston Herald, November 22, 2011

Related Web Resources:
Burns, Medline Plus

Products Liability, Nolo

More Blog Posts:
$7.7M Boston Personal Injury Verdict Awarded to Boiler Repairman Burned by Defective Water Heater, Boston Injury Lawyer Blog, October 6, 2011

Massachusetts Products Liability: CPSC Recalls More Pourable Gel Fuels Following Burn Injuries and Two Deaths, Boston Injury Lawyer Blog, September 9, 2011

Salem Premises Liability: 93-Year-Od-Woman Seeks Damages for Burn Injuries from Scalding Bathwater, Boston Injury Lawyer Blog, May 25, 2011

Continue reading "Springfield Man Sustains Massachusetts Burn Injuries in Leaf Blower Accident" »

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

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

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

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

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

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

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