Boston Injury Lawyer Blog

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" »

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Posted In: 15-Passenger Van Accidents , Bicycle Accidents , Bus Accidents , Car Accidents , Injuries to Minors , Motorcycle Accidents , Pedestrian Accidents , Personal Injury , Products Liability , Truck Accidents , Wrongful Death

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

With summer approaching, these disturbing figures are an important reminder of why pool and spa owners and operators need to make sure that kids are properly supervised in the pool area and that fencing is placed around the pool or spa to prevent children from getting into the water when no one is around. It’s also time for the owners and managers of public pools and spas to replace their pool drain cover with the newer, safer drain cover mandated under the Virginia Graeme Baker Pool and Spa Safety Act.

This new law requires all public pools and spas to be fitted with the anti-entrapment drain cover and when applicable, the anti-entrapment system. According to the CPSC, 11 people were killed and 69 others were injured in spa and pool entrapment accidents. The new drain covers are supposed to prevent the drain from attaching to a person’s body part or bathing suit, causing the suction to hold the victim under water until he or she drowns. Kids are especially susceptible to becoming the victim of pool entrapment accidents.

Drowning also continues to be a huge problem affecting kids, with children younger than 14 making up more than one in four deadly drownings. Victims that do survive near-drowning accidents will sometimes sustain traumatic brain injuries that could impair them for life.

If your child is injured or killed in a spa or pool on someone else’s premise, you may have grounds for filing a Boston premises liability complaintor a Massachusetts products liability lawsuit, including:

• Improper supervision
• Lifeguard failure
• Defective pool drain
• Inadequate fencing around pool
• Lack of emergency/rescue equipment
• Wrongful death

CPSC Announces New Report on Child Drownings and Near-drownings in Pools and Spas

Related Web Resources:
Read the 2009 Report
, CPSC (PDF)

Virginia Graeme Baker Pool and Spa Safety Act (PDF)

Pool Safety

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

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Posted In: Injuries to Minors , Premises Liability , Products Liability

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The Insurance Institute for Highway Safety recently announced the results of three front-to-front crash tests it conducted. A microcar or minicar and a midsize model from the same auto maker were used for each test. IIHS president Adrian Lund says that while there are undoubtedly benefits to buying the smaller cars, including the facts that they cost less and don't use up as much gas, these latest tests show that people may be sacrificing occupant safety for financial savings.

The IIHS tested 2009 models against each other: The Honda Fit against the Honda Accord, the Mercedes C against the Smart Fortwo, and The Toyota Camry against the Yaris. During all three tests the laws of physics won out. While the smaller cars did well in IIHS frontal offset barrier tests, they performed poorly against the larger cars—which aren’t even considered large cars compared to luxury-sized cars, pickup trucks, SUV’s, and passenger vans.

In all three tests, the bigger and heavier autos performed better in terms of occupant safety. The dummies in the smaller, lighter autos tended to be at a disadvantage. The larger, heavier vehicle ended up pushing into the smaller, lighter auto, which means that if there had been people riding in the smaller cars, they would have experienced more force upon impact than if they had been occupants in the larger autos. The greater the force, the greater the risk of injury or death, which means the chances of injury goes up when someone rides in a microcar or a minicar.

This is confirmed by auto accident statistics, which reports that the fatality rate for occupants of minicars in multiple vehicle collisions in 2007 was nearly two times that of the fatality rate for people in very big cars. It also helps for occupants of larger cars that the larger size and weight of the vehicle will likely deform or move any object it hits.

It is important that auto manufacturers make cars that are safely designed and manufactured to minimize/prevent injuries or deaths. A car maker can be held liable for Massachusetts products liability or wrongful death if their defectively designed vehicle or a defective auto part within the motor vehicle causes personal injury or wrongful death.

New crash tests demonstrate the influence of vehicle size and weight on safety in crashes; results are relevant to fuel economy policies, Insurance Institute for Highway Information, April 14, 2009

Related Web Resources:
Car Size and Weight are Crucial (PDF)

NHTSA

Continue reading "Preventing Boston Car Accidents: IIHS Says The Bigger and Heavier the Motor Vehicle, the Greater the Safety Protection Provided" »

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Posted In: Car Accidents , Products Liability

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The US Supreme Court has upheld a $6.7 million civil awarded to a woman whose arm had to be amputated after receiving a botched injection of Phenergan, an anti-nausea medication. The woman, Diana Levine, was injured in April 2000 when she went to a local clinic for treatment of a migraine.

The clinic administered the drug, also known as promethazine, to her using an IV-push, which allows for a greater volume of medication to enter her body at a faster pace. Although the needle was supposed to go straight into her vein, it accidentally struck her artery and Levine developed gangrene.

Doctors had to amputate her hand and forearm, which put an end to Levin’s career as a guitarist and a pianist. Not only did she lose a main source of financial livelihood but she began to accrue expensive medical bills. Levine sued Wyeth, accusing the pharmaceutical company of insufficient product labeling. She contended that the drug maker did not provide enough warning about the potential dangers of using the drug.

After a civil jury ruled in her favor, Wyeth appealed the verdict. The drug maker has argued that because the Food and Drug Administration approved Phenergan for consumer use, this should pre-empt any dangerous drug lawsuits against it.

However, the Supreme Court, with its 6-3 decision, rejected the drug maker’s claim that Wyeth did not have the right to sue the company and gave Levine the right to collect her jury award. In writing for the majority, Justice John Paul Stevens said it was possible for Wyeth to comply with both federal and state laws in this matter.

This ruling is considered a victory not just for Wyeth but for other injury plaintiffs who wish to sue pharmaceutical companies over dangerous drugs that have caused personal injury or wrongful death.

Musician gets high court OK to sue Wyeth, CNNMoney.com, March 4, 2009

No Legal Shield in Drug Labeling, Justices Rule, New York Times, March 4, 2009

Related Web Resources:
Wyeth V. Levine, Supreme Court Opinion (PDF)

Wyeth

Wyeth Comments on U.S. Supreme Court Ruling in Levine Preemption Case, Wyeth, March 4, 2009

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Posted In: Products Liability

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One year after the US Supreme Court ruled that medical device makers cannot be sued for personal injury, products liability, or wrongful death if the Food and Drug Administration had previously approved the device, US lawmakers are taking steps to give back to defective medical device victims and their families the right to sue for damages. In the US Senate, Senators Patrick Leahy and Ted Kennedy intend to reintroduce a bill that they presented last year, while in the US House, Representatives Frank Pallone and Henry Waxman say they will introduce their own bill.

In the US Supreme Court case, Charles Riegel, who was injured during angioplasty surgery when a balloon catheter burst as it was being inserted in his body, had sued medical device maker Medtronic for products liability. His case, Riegel v. Medtronic, went all the way to the US Supreme Court, and in 2008, the Court affirmed a ruling by a lower court to throw out the lawsuit.

Following the Supreme Court decision, hundreds of people who were injured by defective medical devices are finding that they may have no legal recourse to recover damages. Earlier this month, the Wisconsin Supreme Court said that a man who had to have his Medtronic defibrillator removed because it could fail was not allowed to sue the medical device maker for products liability. Other plaintiffs whose defective medical device lawsuits have been thrown out include a man who says he was hurt by a prostate treatment device and a woman who sustained burn injuries from a device she was using to decrease menstrual bleeding.

Now, two cardiac specialists are warning that Medtronic's Sprint fidelis lead, an electrical cable that allows a defibrillator to connect to a patient’s heart, may be failing in patients at a faster rate than what was previously thought and that this rate could increase as time goes by. Over 235,000 people were administered the medical device prior to a product recall and many of these patients are still using them. The problem with the Medtronic device is that it may fail to deliver a necessary, life-saving shock to a patient’s heart or unnecessarily send these jolts to the patient. Findings from this newest study will be published on the medical journal Web site Heart Rhythm next week.

Study Finds More Failure of Heart Device, New York Times, February 23, 2009

Effort Underway to Overturn Medical Device Lawsuit Ban, NewsInferno.com, February 20, 2009

Related Web Resources:
Estate of Riegel v Medtronic, Cornell University Law School

Medtronic

Continue reading "Restoring to Injured Patients the Right to Sue Medical Device Makers" »

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In Boston, an 82-year-old woman was pronounced dead today at Massachusetts General Hospital after falling on an escalator at the MBTA’s State Street Station. Her clothing reportedly got caught in the escalator.

According to Boston EMS spokesperson Jennifer Mehigan, a “cardiac incident” and the “escalator accident” were both factors in the elderly Boston woman’s death. As of early this afternoon, it was still unclear whether the cardiac incident occurred before or as a result of the escalator accident. Meantime, the Suffolk district attorney’s office, MBTA Transit Police, and the Massachusetts Department of Public Safety are trying to determine what caused the incident.

This is not the first accident involving an MBTA escalator. Four years ago, a 34-year-old East Boston man died at the Porter Square station when his sweatshirt hood got caught in an opening in the machinery of the escalator. The movement of the escalator caused the opening of his sweatshirt to wrap more tightly around his neck.

In 1995, a 3-year-old Cambridge boy sustained a severe gash to his leg on an MBTA escalator. In 1996, a Beacon Hill man had have his arm amputated after his coat got stuck in the State Street Station escalator.

According to the Executive Office of Public Safety, the escalator involved in today’s deadly accident underwent its last inspection last May and no problems were detected at the time. There have been no reports since then of problems with the escalator.

Escalator Accident Facts
• Thousands of people a year are treated in US emergency rooms because of escalator accidents.
• Examples of potential hazards that can lead to elevator accidents include missing teeth at the top of the escalator and screws coming out of an escalator’s side.
• Common kinds of escalator accidents include fall accidents and entrapment accidents.
• Among the elderly, slip and fall accidents and trip and fall accident are the most common kinds of injury accidents to occur on an escalator.
• Young children is another group that is at high risk of getting hurt on an escalator.

There are many reasons why escalator accidents occur. Defective or malfunctioning escalators is just one reason that escalator accidents happen.

Woman dies in MBTA escalator accident, Boston.com, February 24, 2009

Rate Of Escalator Injuries To Older Adults Has Doubled, Science Daily, March 14, 2008

Related Web Resources:
Danger On The Escalator, CBS News, February 17, 2005

Massachusetts Bay Transportation Authority

Continue reading "82-Year-Old Boston Woman Dies in MBTA Escalator Accident" »

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Posted In: Premises Liability , Products Liability

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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

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Posted In: Personal Injury , Products Liability

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Public health officials in Massachusetts say 48 residents have been afflicted by the same strain of Salmonella that has made over 600 people in the United States sick. The Salmonella Typhimurium originated from a peanut plant in Georgia that is owned by the Peanut Corporation of America.

Those affected in Massachusetts include a 1-year-old and a 91-year-old. There are also 13 reported cases of salmonella in Middlesex County, 4 in Bristol County, 3 in Barnstable County, 6 in Essex County, 4 in Norfolk County, 9 in Hampden County, 1 in Suffolk County, 4 in Plymouth County, and 4 in Worcester County. Fortunately, no one in the state has died from the illness.

Elsewhere in the United States, however, several fatalities are being linked to this particular strain of salmonella, which is being spread because numerous food items contain the tainted peanut products. The family of one woman is suing PCA for her wrongful death. Their lawsuit contends that the 72-year-old died because she ate Salmonella-tainted peanut butter while she was staying at a nursing home. The peanut butter was made at the company’s contaminated Georgia plant.

Meantime, hundreds of companies that are clients of PCA are recalling their products beause of concerns that they may be contaminated with Salmonella Typhimurium. More than 1,700 food products are being pulled off store shelves in an effort to keep consumers from getting sick.

On Friday, the Food and Drug Administration said that PCA had knowingly shipped out some products that had tested positive for Salmonella and that contrary to previous claims by the company that it only shipped out products after follow up tests came back negative, this was in fact only the case for some of the products that were sent out.

Late last month, the US Justice Department announced a criminal probe to determine if any charges need to be filed.

Products Liability
If you or someone you love got sick because you purchased or were served and ate a contaminated or spoiled food products, you may have grounds to file a products liability lawsuit against a negligent food manufacturer or distributor. You also may be entitled to file a Massachusetts personal injury lawsuit against a party that served you the food.

48 in state stricken with salmonella illness, Boston.com, February 10, 2009

FDA: Peanut plant knew product was tainted with salmonella, CNN, February 6, 2009

Related Web Resources:
Recall of Peanut-Containing Products: Salmonella Typhimurium, FDA, February 11, 2009

Peanut Corporation of America

Continue reading "Some 48 Massachusetts Residents Affected by Salmonella Illness that Has Spurred Mass Peanut Product Recall" »

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Toyota is recalling 1.3 million motor vehicles over concerns that a foam pad located close to the seat belt could catch fire during an auto crash. Included in the automaker’s recall are 134,000 Yaris subcompacts (2006 and 2007 models) that were sold in the United States.

The National Highway Traffic Safety Administration is working with Toyota to recall the cars, which come with front passenger seat belt and driver seat belt pretensioners that retract the belts so that the occupants' forward momentum is absorbed during a serious frontal impact.

Toyota is concerned that during serious, frontal crashes, the mechanism that is supposed to tighten the seat belt could release a gas that might cause a foam pad used for insulating sound to catch fire. So far, there are no reports of any incidents stemming from the defect in the United States.

Auto defects or defective auto parts can lead to serious injuries and deaths. Auto manufacturers are supposed to make sure their vehicles are safe for use. While defects can occur during the production or shipping of a motor vehicle, there are auto parts that are defective because there are flaws in their design.

If you or someone you love was injured in a Massachusetts motor vehicle accident because the vehicle you were riding in was defective or malfunctioned, you may have grounds for an automobile products liability lawsuit.

Common auto defects that have resulted in personal injury lawsuits:

• Defective seat belts
• Rollover accidents
• Defective air bags
• Faulty engines
• Defective tires
• Brake defects

Toyota Announces Safety Recall on Select Vehicles, PR Newswire, January 28, 2009

Global Recall by Toyota; Affects 1.35 Million Cars, Huliq.com, January 28, 2009

Related Web Resources:
NHTSA

Toyota

Continue reading "Toyota Issues International Recall of 1.3 Million Motor Vehicles" »

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Posted In: Car Accidents , Products Liability

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

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

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

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

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

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

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

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

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

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

Related Web Resource:
Crib Safety Tips, CPSC

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

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Posted In: Injuries to Minors , Products Liability

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Dennis and Kimberly Quaid have reached a $750,000 medical malpractice settlement agreement with the Cedars-Sinai Medical Center for the medication error that nearly killed their twin infants last year.

Zoe Grace and Thomas Boone Quaid were accidentally administered 1,000 times the recommended dose of heparin, a blood thinner. The medication mistake caused the newborn babies to bleed uncontrollably and placed their health in critical condition. Hospital officials have acknowledged that lapses in safety contributed to the twins’ heparin overdose.

Dennis and Kimberly have a drug litigation lawsuit pending against Baxter Healthcare Corp. The Quaids contend that the design and labeling of the drug caused the medication mistake. They are accusing Baxter Healthcare Corp. of products liability.

Heparin
Heparin is often used to prevent patients from experiencing blood clots. It can be used before a surgery, prior to dialysis, or for other medical reasons. Unfortunately, there have been many reported incidents of people sustaining injuries or dying while using heparin. In April 2008, the US Food and Drug Adminisrration discovered that over 100 patients had died since January 2007 while taking heparin. 62 of the deaths were a result of allergic reactions. A number of victims reportedly experienced an adverse reaction when they were given heparin contaminated with oversulfated chondroitin sulfate.

You are entitled to personal injury compensation if you were injured or your health grew worse because you were prescribed the wrong medication, administered the wrong dose, or the drug that you were given was dangerous for your health, defective, improperly packaged, or failed to warn of the adverse side effects that you experienced.

Dennis Quaid settles with Cedars-Sinai, Los Angeles Times, December 16, 2008

FDA Triples Tally Of Heparin-Linked Deaths, CBS News, April 8, 2008

Related Web Resources:

Cedars-Sinai Medical Center

Baxter Healthcare Corporation

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Posted In: Medical Malpractice , Products Liability

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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" »

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Posted In: Animal and Dog Bites , Burn Injuries , Car Accidents , Injuries to Minors , Personal Injury , Premises Liability , Products Liability , Slip and Fall Accidents , Wrongful Death

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The Boston widower and children of a woman that died in July 2006 when 26 tons of concrete fell from the Big Dig tunnel ceiling onto the car she was riding, will receive over $28 million for her wrongful death. The settlement resolves the family’s claim against all the defendants, including the Massachusetts Turnpike Authority, Modern Continental Co., Gannett Fleming Inc., Bechtel/Parsons Brinkerhoff, Newman Associates, and Powers Fasteners. The family is represented by Denner & Pellegrino, LLP.

39-year-old Milena Del Valle was crushed by the weight of the concrete slabs that fell onto the motor vehicle she was in. Her husband Angel, who was driving the car at the time of the accident, sustained minor injuries in the tunnel ceiling collapse.

A report released by the National Transportation Board last year found that a different kind of epoxy should have been used in the tunnel’s construction. The report placed blame for the deadly collapse on designer Gannett Fleming, construction contractor Modern Continental, Big Dig project manager Bechtel/Parsons Brinkerhoff, and Powers Fastener, which provided the epoxy.

The Massachusetts Turnpike Authority has called the 2006 tunnel collapse a colossal oversight failure by previous administrations and says that now that it is in charge of the tunnel, it has finished a detailed overview of the construction project and developed an inspection plan to prevent future fatal accidents.

Since construction of the Big Dig tunnel began, the project has had experienced a number of construction problems, including failing debris and leaks. Earlier this year, Bechtel/Parsons Brinckerhoff and 24 design companies reached a $458 million settlement agreement with the state of Massachusetts so they would not be criminally charged.

Massachusetts wrongful death cases can be complex cases to prove, and there may be more than one party liable for you death caused by another person's negligence in a motor vehicle crash or because of a defective product.

$28M settlement reached in Big Dig death lawsuit, AP, October 2, 2008

Family to get $28m in Big Dig death, Boston.com, October 1, 2008

:Related Web Resources:

Concrete falls, and a couple's joy is destroyed, Boston.com, July 12, 2006

The Big Dig, Massachusetts Turnpike Authority

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Posted In: Car Accidents , Products Liability , Wrongful Death

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While the Food and Drug Administration has done extensive study on psychiatric drugs to see whether they increase the risk of suicide, they are now taking a look at whether other medications, such as drugs to treat seizures, smoking, and asthma, also pose a similar risk.

Drugs that experts are worried could lead to suicidal thoughts if ingested included:

• Paxil, Zoloft, and all other antidepressants
• Neurontin, Lyrica, and other anti-convulsives
• Chantix, which is used to help people quit smoking
• Asthma and allergy drug Singulair
• Accutane, for acne

Drug companies say there is no cause-and-effect evidence to confirm that these drugs increase the chances of someone committing suicide. However, one family claims that their 15-year-old son, Cody Miller, killed himself last year after he started taking Singular to treat his allergies. Two months later, Merck & Co. revised its prescription literature to include the information that some patients have experienced suicidal actions and thoughts while taking the allergy drug. The drug manufacturer, however, is quick to point out that with over 40 controlled clinical trials showing no connection to suicide, this link may just be a coincidence.

In another incident, reported by the Boston Globe, the family of Dr. Douglas Briggs is suing Pfizer for his wrongful death. Briggs began taking Neurontin to alleviate severe back pain in February 2004. He committed suicide on Christmas Day later that year.

Pfizer has prescribing literature that includes “suicidal gesture” and “suicidal” as adverse but rare side effects that were reported from its clinical trials for Neurontin. The drug maker, however, says that it doesn’t believe the suicidal reactions are connected to taking the drug.

The FDA and drug manufacturers are supposed to make sure their medications are safe for users. They are also required to notify the public of any adverse side effects that could result from taking the drug. Failure to warn can be grounds for a products liability or wrongful death lawsuit.

Suicide risks studied in drugs for physical ills, Boston.com, August 31, 2008

List of drugs with suicide concerns, Boston.com, August 31, 2008

Related Web Resources:

Paxil

Singulair

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

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

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

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

Other provisions in the bill include:

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

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

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

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

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

Related Web Resources:

Consumer Product Safety Commission

Consumer Product Safety Improvement Act of 2008 (PDF)

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

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The family of Fernando Vargas, an East Boston teenager who died after his ventilator turned off during a power shortage last week, wants to know if his death occurred because the medical device was defective.

A preliminary police probe found that the ventilator’s backup battery failed during the two-hour power failure that occurred last week. The ventilator will be tested to find out what caused the malfunction. New England Home Therapies, the MassHealth Contractor that supplied Vargas with the ventilator, says it will send the device back to manufacturer Pulmonetic Systems for testing.

While Vargas’s ventilator has the same model number as one of four models included in the 2004 recall of about 10,000 Pulmonetic Systems ventilators, it is not clear whether the ventilator's serial number is also a match. The recall occurred following approximately 30 reports of the backup battery malfunctioning during a power outage.

Pulmonetic also had voluntarily recalled 1,129 cable adapters that were supposed to fix the defect that led to the ventilator recall after it received reports that the new device was not letting the ventilator repower after the internal battery had been drained.

Medical devices that have been the source of products liability lawsuits include:

• Guidant Pacemakers
• Dialysis Machines
• Hernia Patches
• Hip Prosthetics
• Cosmetic Implants
• Stents
• Orthopedic Implants

Late teen's stopped ventilator sent for tests, July Boston.com, July 21, 2008

Related Web Resources:

Pulmonetic Systems

Frequency, Causes, and Outcome of Home Ventilator Failure, ChestJournal.com

Continue reading "Parents of Deceased Boston Teen Want to Know if Product Defect Caused Ventilator to Shut Down" »

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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" »

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A recent WCBV report discussed the possibility that there could be over 30 million defective tire valve stems on motor vehicles currently in use. A valve stem is a rubber part that is inserted into a tire so that air can be pumped into it. If there is a flaw in the rubber, however, a tire can rupture or deflate, and a flat tire or an auto crash can result.

One man, 31-year-old Robert Monk, died last November when his SUV flipped over. The cause of the rollover, according to investigators, was tire failure due to loss of air pressure. As a result, Monk lost control of the vehicle. His family has filed a wrongful death lawsuit against Discount Tire Co. and Dill Air Controls Products, LLC.

Following the deadly crash, Dill Air Controls Products told service centers that the cracked valve stems had come from a factory in China. Motor vehicle drivers, however, were not notified of the problem. Another company that also obtained valves from the same Chinese factory recalled six million cracked valves. Dill says there could be 30 million defective valves out on the roads.

While the initial hazard was thought to involve only replacement tires, WCBV found that the tires on some brand new cars may also come with the same defect. Several weeks ago, the National Highway Transportation Safety Administration demanded that Dill turn over its list of customers.

Tire defects can result in flat tires, tread separation, tire blowouts, and vehicle rollovers that can lead to serious injuries if the vehicles becomes involved in an auto accident. Injuries can include broken bones, paralysis, anoxic brain damage, closed head injuries, spinal cord injuries, and death.

Potential Defect Threatens More Than 30 Million Tires, TheBostonChannel.com, June 23, 2008

Fatal Rollover Prompts Probe into Chinese-Made Tire Valve Stems Safety, Forbes.com, June 12, 2008

Related Web Resources:

Read the Wrongful Death Action (PDF)

Read the Summary of the NHTSA's Investigation (PDF)

Continue reading "Over 30 Million Motor Vehicle Tires May Have Defective Valve Stems" »

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In Norfolk Superior Court, the Roman Catholic Archdiocese of Boston filed a products liability lawsuit against Whirlpool seeking $10 million for compensation related to a seven-alarm refrigerator-caused fire that destroyed the Sacred Heart Church in Weymouth on June 9, 2005.

The lawsuit accuses Whirlpool of negligence and knowing that it was placing the 134-year-old church under unreasonable risk of harm. The Archdiocese is alleging that the company breached its implied warranty because the refrigerator was in a defective state and therefore hazardous and that the home appliance manufacturer should have known or knew that it had subjected the church to unreasonable risk.The complaint also accuses Whirlpool of violating the Massachusetts Consumer Protection Act.

It cost over $10 million to rebuild the church, which was burned to the ground. The Weymouth Fire Department, Weymouth Police Department, the Office of the State Fire Marshall, and the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted a joint investigation. A malfunction in an old refrigerator in the church basement was determined to be the cause of the fire.

Products can become defective during the design phase or while they are being manufactured. A manufacturer may also have breached its warranty for a specific product. Our defective products lawyers will work with experts to identify the defect and determine whether the manufacturer, designer, or retailer could have acted to prevent the defect. If product is not defective, and you are injured because of a malfunction, the manufacturer could still be held strictly liable.

Archdiocese files $10M suit agains Whirlpool in ’05 blaze, Boston Herald.com, July 2, 2008

Weymouth church destroyed, Boston.com, June 10, 2005

Related Web Resources:

Whirlpool Corp.

Archdiocese of Boston

Mass Law About Consumer Protection

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The US Supreme Court heard oral arguments this week in a case that could determine whether drug makers should receive a similar protection from lawsuits to the one the court granted to medical device makers last week.

The main issue, according to Justice Stephen Breyer, is whether a drug, “on balance,” will save people or hurt people. Breyer says he believes that the Food and Drug Administration, and not a jury, is solely responsible for policing the pharmaceutical industry. He expressed concern over allowing a jury of 12 people randomly selected to rule on such lawsuits.

If the Supreme Court rules along with Breyer, thousands of personal injury lawsuits filed against drug manufacturers could be thrown out.

The issue in this case, Warner-Lambert v. Kent, is restricted to examining a Michigan statute that prevents personal injury lawsuits against drug manufacturers unless the injured person can prove that the company purposely kept information from the FDA that would have then barred the drug from the marketplace. A majority of the arguments on Monday centered on whether (and how much) of the Michigan law should be struck down.

The Supreme Court, however, is also scheduled to hear arguments in Levine v. Wyeth. It is during this case that the will be asked to rule on whether FDA approval bars personal injury lawsuits.

Last week, the Supreme Court ruled 8-1 in favor of medical device maker Medtronic Inc. The court said that FDA approval of a medical device trumps state tort lawsuits filed against medical device makers for products that have already passed a rigorous FDA approval process.

The ruling may benefit other medical device manufacturers that have been named in products liability and wrongful death cases by injured patients.

U.S. Supreme Court considers extending protections to drug makers, International Herald Tribune, February 26, 2008

Top court rules for Medtronic in devices case, Washington Post, February 20, 2008

Related Web Resources:

Warner-Lambert Co. v. Kent, Oyez.org

Riegel v. Medtronic, Justia US Supreme Court Center

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A Texas woman has filed a products liability lawsuit against Advanced Medical Optics Inc. for its contact lens disinfectant Complete Moisture Plus Multi-Purpose solution’s failure to properly disinfect her contact lenses.

Kimlyn Cline, a contact lense wearer for 35 years, says she always cleans and disinfects her contact lenses properly and that the infection in her left eye occurred because she used the solution. The damages she is seeking include medical costs, loss of income, pain, vision problems, mental and emotional trauma, disfigurement, and legal fees.

A corneal specialist diagnosed Cline’s condition as Acanthamoeba Keratitis. She must now undergo corneal transplant surgery, but she cannot do this until her infection clears.

In her defective products lawsuit, Cline claims that the risk of infection from using Complete Moisture Plus Multi-Purpose solution is grossly disproportionate to the risks associated with using other solutions. She says that Advanced Medical Optical should have acted to reduce or eliminate these higher risks.

Cline alleges that the company was aware the solution was defective but still designed, manufactured, marketed, and sold its lens solution to wearers without including a failure to warn of the risk of infection or providing proper instructions for use. Grounds for the lawsuit include strict liability involving design, manufacturing, and marketing, negligence, and breach of implied warranties.

In November 2006, Advanced Medical Optical recalled 18 lots of Complete Moisture Plus Multi-Purpose solution and then announced a full recall of the product line last May after the Center for Disease Control and Prevention found that the solution was a high risk for causing eye infections.

Acanthamoeba Keratitis is a rare eye condition that occurs primarily in contact lens users. Failure to treat the infection can lead to vision loss and severe scarring.

Kilgore woman claims contact solution failed to disinfect, files product liability suit against maker, The SouthEast Texas Record, February 20, 2008

Acanthamoeba Keratitis, EyeMDLink.com

Related Web Resources:

Update on Serious Eye Infections Associated with Soft Contact Lens Solution, CDC.gov

Advanced Medical Optics Inc.

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The Federal Drug Administration wants people to know that the anti-wrinkle drug Botox has been linked to several botulism related-deaths. A number of these victims were children. The warning comes three weeks after
Public Citizen, a consumer advocacy group, cited 180 reported incidents—including 16 deaths—where people who had used Botox experienced pneumonia, difficulty swallowing, or fluid in the lungs. Botox Cosmetics and its competitor Myobloc were named in last week’s FDA warning.

Botox causes nerves to relax because the botulinum toxin injected into a specific area of the body blocks nerve impulses. Sometimes, however, the toxin can spread to other areas of the body, which can weaken or paralyze the muscles needed to breathe or swallow. This can be fatal.

The children who died after using Botox were given the drug to treat spasticity problems in their legs. The FDA is also looking at other reported incidents involving adults that used Botox. One woman who used Botox to hide her forehead wrinkles reportedly had to be hospitalized.

Many adults use Botox injections on their faces to minimize the presence of wrinkles. Botox is also used to treat a number of spasm conditions, such as severe neck spasms or cervical dystonia.

Although Botox labels include a warning about possible botulism toxin and how this can lead to death, the labels only link these potential side effects to people with neuromuscular illnesses.

The FDA is warning Botox users to seek medical attention immediately if they experience any botulism symptoms, including:

• Slurred speech
• Problems swallowing
• Problems breathing
• Problems holding up one’s head
• Muscle weakness

FDA: Botox linked to kids’ deaths, MSNBC/AP, February 8, 2008

Related Web Resources:

Group seeks Botox warning following 16 deaths, MSNBC/Reuters, January 24, 2008

Botox, FDA

Continue reading "FDA Warns of Connection Between Botox and Botulism-Related Deaths " »

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The parents of Zachary Cohn, a six-year-old boy who died last July after his arm got stuck in an underwater suction drain in the deep end of their swimming pool, have filed a wrongful death lawsuit against the town of Greenwich, Connecticut, Shoreline Pools, as well as several other defendants.

According to the lawsuit, Zachary’s father Brian and another person tried to pull the boy free but the suction of the drain was too strong. The mechanism to shut off the suction could not be located in time. His mother, Karen Cohn, turned off the power to the house and the pool but it was too late.

According to the wrongful death lawsuit, the swimming pool did not meet minimum safety standards and had a number of serious code violations—all of which increased the chances of fatalities occurring in the pool.

Brian and Karen Cohn say that Shoreline Pools has violated building code requirements before. The couple named the city of Greenwich in the lawsuit because they believe that it should have performed a more thorough inspection before issuing a permit for the family's pool.

Since 1985, there have been at least 48 fatalities involving swimming pool drains. Many others have been seriously injured in the 158 pool drain entrapment incidents that have been reported. There are more 5.4 million hot tubs and over 8 million pools in the United States.

Drowning in swimming pools is a leading cause of death among children. There is no justification for why a child or anyone else should die in a swimming pool accident because the pool drain was defective, dangerous, or malfunctioned or because the pool failed to meet safety standards. Depending on the specifics of the injury case, the injured party may have grounds to file a premises liability case or a products liability one.

Former Connecticut hedge fund exec sues in son's drowning, Reuters, January 29, 2008

Parents of pool drowning victim file suit, USA Today, January 29, 2007

Kerry Co-Sponsors Plan to Prevent Swimming Pool Drownings, Senator John Kerry, July 19, 2007

Related Web Resources:

A National Study of Drain Entrapment and Pool Safety Measures, USA Safekids.org

Pool Drain Systems, How Stuff Works

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

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

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

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

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

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

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

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

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

Related Web Resources:

Magnetic Dangers, Washington Post, April 20, 2007

U.S. Consumer Product Safety Commission

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Kenneth McClain, a Denver, Colorado resident, has filed a personal injury lawsuit because he says that the artificial butter flavoring on microwave popcorn gave him bronchiolitis obliterans, also called “popcorn lung.” He filed his lawsuit against Kroger Company, Inter-American Products Inc., and Dillon Companies Inc, which owns the King Soopers grocery store.

McClain would eat two bags a day. He is the only consumer who has been diagnosed with “popcorn lung,” which can sometimes develop in factory workers involved in the testing of microwave popcorn.

Ingesting flavoring chemicals is believed to be one cause of bronchiolitis obliterans. People with this type of lung damage have problems breathing because their lung’s airways have been destroyed.

At the Gilster Mary Lee Factory in Missouri, 10 workers had to be put on lung transplant waiting lists. 30 workers injured at the plant filed personal injury lawsuits. One of the workers, Eric Peoples, was awarded $18 million. His wife was awarded $2 million in compensatory injury damages.

The artificial butter flavoring that is believed to sometimes cause “popcorn lung” is called Diacetyl, which is a naturally occurring compound. In December, the countries four largest microwave popcorn manufacturers said they were changing their recipes and removing Diacetyl from almost all of its products.

Products Liability
The product manufacturers are legally obligated to make sure that no one is harmed by their products. An person injured by a defective product can file a products liability claim on the grounds of strict liability, negligence, or breach of warranty.

“Products” includes all consumer products, from tangible products, such as electronic devices, motor vehicles, and toys, to pets, real estate, writing and instructional materials, gases, and chemicals.

Product retailers and distributors can also be named as defendants in defective products lawsuits.

Denver Man Files Lawsuit Claiming Microwave Popcorn Damaged His Lungs, Fox News, January 15, 2008

$20 million awarded in popcorn lawsuit, AP, March 15, 2004

Related Web Resources:

Popcorn May Cause Lung Disease, ABCNews.com, September 6, 2007

Products Liability Law, Cornell Law School

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An 87-year-old man from Norfolk County is the third elderly person to die in connection with drinking contaminated milk. Health officials are citing Whittier Farms, a dairy located in Massachusetts, as the source of the tainted milk. The other two people who died were also elderly men, ages 78 and 75. They were both Worcester County residents.

The three men had listeriosis, which is a bacterial infection that can be contracted from drinking tainted milk and raw foods and certain processed foods that are not properly cleaned or prepared. Two other listeria cases also being linked to the contaminated milk from the dairy involve pregnant women. One woman, 34, miscarried. The other woman, a 31-year-old Middlesex County resident, had the infection but delivered a healthy baby.

The Center for Disease Control and Prevention (CDC) describes listeriosis as a “serious infection that can be caused by eating food contaminated with the bacterium Listeria monocytogenes.” Symptoms of listeriosis can include muscle pains, fever, diarrhea, nausea, balance problems, neck problems, confusion, and convulsions.

Newborn babies, pregnant mothers, the elderly, and other adults with weakened immune symptoms are the ones most susceptible to contracting listeriosis. A pregnant woman with listeriosis can end up miscarrying, delivering prematurely, or delivering a stillborn baby.

The contaminated milk from Whittier Farms is believed to have come from the dairy’s Shrewsbury plant, just 35 miles from Boston. Health inspectors are examining the dairy’s cooling and bottling machinery to try and determine the source of the contamination. Whittier Farms is family owned and operated and is known for delivering people’s milk in glass bottles to their doorsteps.

Some 2,500 people are afflicted with listeriosis every year, with 500 of these people dying from the infection.

Manufacturers and producers of food products must ensure that their food products are properly processed or prepared. If failure to do leads to injury or death, the injured party or surviving family members can have grounds for a products liability claim or a wrongful death lawsuit.

Bacteria-Contaminated Milk from Massachusetts Dairy is Blamed for 3 Deaths, Miscarriage, FoxNews.com, January 8, 2008

Listeriosis, CDC.gov

Infection tied to tainted milk kills a 3d man, Boston.com, January 8, 2008

Related Web Resource:

Whittier Farms

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Medtronic Inc. will settle 2682 lawsuits filed by plaintiffs who claim that the implantable biomedical device maker knew that its Marquis line of implanted cardiac defibrillators was defective but didn't do enough to pull the devices off the market or let patients know there were safer alternatives.

As part of the agreement, Medtronic will settle the cases for $95.6 million and pay $18.5 million in lawyers’ fees. Medtronic, however, says it is not admitting liability or affirming to the plaintiffs’ claims by settling the products liability lawsuits.

In a statement made by Medtronic's Cardiac Rhythm Disease Management Unit President Pat Mackin affirmed that Implantable defibrillators made by Medtronic are “the most reliable ICD’s ever manufactured."

Implantable defibrillators are tiny devices that deliver shocks so that the heart doesn’t beat too fast. They are implanted in the chests of patients that are at risk of a fatal heart attack—the number one cause of death in America.

In 2005, Medtronic announced that its Marquis line defibrillators could have a battery shorting problem. 11,000 patients had these defibrillators surgically removed and replaced. 2,000 similar surgeries took place overseas.

In 2004, Medtronic recalled two heart defibrillators that could have been related to at least one injury and four deaths because of the defibrillators’ failure to charge properly.

In 2007, Medtronics announced a global recall of its heart-defibrillator wires because the lead used to connect the defibrillators to the heart was fracturing. 235,000 patients were affected by this recall.

Medtronic to settle ICD lawsuits for $114 million, Reuters, December 21, 2007

Medtronic to Pay $114 Million In Settling Heart-Device Suits, WSJ, December 21, 2007

Related Web Resources:

Medtronic

A Pivotal Medical-Device Case, The New England Journal of Medicine, January 3, 2008

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Massachusetts middle school student Kevin Lou, 13, was awarded $2.85 million in Worcester Superior Court for the escalator accident that mangled his right hand nine years ago. Kevin and his family filed the personal injury lawsuit against Otis Elevator Co, the U.S. company whose name was on the escalator that caused his injury. The escalator was manufactured in China.

Kevin doesn’t remember the accident that occurred while he was in China visiting his grandmother. Since then, however, he has had to endure five surgeries to save his hand. He will need more surgeries to hopefully regain full use of his hands.

In 1998, Kevin and his grandmother were at a department store in China. While riding the elevator down to the second floor, he fell. His hand slipped into the opening between the stationary side panels and the moving escalator. The next escalator step that hit his stuck hand caused the injury.

The Worcester jury awarded Kevin $2.85 million. His parents were awarded $250,000 each. Following the verdict, Kevin’s father, Jidong, says he will start looking for a microsurgeon who specializes in hands.

Prior to the injury accident, Kevin was right-handed. Now, he can only use his right hand with the help of his left. He is unable to bend his fingers or pick up objects.

Manufacturers are supposed to make sure that the products that they produce are safe for use. If a person is injured because a product manufactured by a company is dangerous or defective, the injured party may have grounds to file a products liability claim or lawsuit.

There are three kinds of products liability cases:

Strict Liability: Lets a plaintiff recover compensation for an injury caused by a defective product just by proving that the manufacturer made or sold the product that injured him or her.

Negligence: Plaintiff must prove that the manufacturer owed a duty of care to the plaintiff, the manufacturer breached that duty, and that this negligence injured the plaintiff.

Breach of Warranty: The defendant failed to properly warn the plaintiff of the potential dangers of using the product.

Worcester teen awarded $2.85m after escalator accident, Boston Herald.com, December 22, 2007

Jury awards $2.85M to child, Telegram.com, December 22, 2007

Related Web Resources:

Products Liability Overview, Justia

OTIS

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New research shows that the popular diabetes drug Avandia may cause bone thinning, which could lead to osteoporosis and bone fractures. Although GlaxoSmith-Kline has admitted that women who take Avandia have a higher risk of bone fractures, this most recent study is the first one to explain the connection between bone fractures and the drug.

A report published in Nature Medicine says that researchers gave the drug to mice. The drug increased activity among the cells that degrade bones. The National Institutes of Health and the Howard Hughes Medical Institute funded the research.

Avandia, also called Rosiglitazone, is used for long-term care of patients with Type II diabetes (adult-onset diabetes). Type II diabetes is the most common type of diabetes. Some 21 million people in America are afflicted with diabetes.

If you or someone you love has sustained an injury or become sick because of a prescription drug, you should speak with a dangerous drug attorney right away to determine whether you have grounds to file a products liability claim or lawsuit against the manufacturer.

Drug manufacturers are supposed to including a warning of all the health risks that come with taking a prescription drug. If you were not warned of the health risks or side effects beforehand, you may be able to sue the manufacturer for personal injury.

Although the FDA is there to regulate the safety of prescription and over-the-counter drugs, it is not uncommon for a drug to be found "dangerous" only after a number of people have already sustained serious injuries or died as a result of taking the medication.

GlaxoSmithKline is already facing numerous dangerous drug lawsuits because it had not previously warned users that the drug could place them at risk of heart disease. One lawsuit is seeking more than $100 million in damages for hiding the risks associated with Avandia. One wrongful death lawsuit in involves a Texas widow who says the drug killed her husband. Warnings of heart failure risks was recently added to the Avandia drug label.

Diabetes drug tied to bone fractures, Baltimore Sun, December 3, 2007

Diabetes Drug to Warn of Risk to Heart, AP, November 15, 2007

Related Web Resource:

Avandia

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

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

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

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

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

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

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

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

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

Related Web Resources:

Massachusetts Recreational Vehicle Safety Laws

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

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

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World Against Toys Causing Harm (WATCH), a Boston, Massachusetts based toy safety group has released its yearly “!0 Worst Toys” list. The list points out the hidden dangers in certain toys. This toy list is updated every year. This year, however, it is especially significant in light of all the toy recalls that have taken place—particularly involving toys with lead in them that were made in China.

Toy injuries that are caused by a defective or dangerous toy because a manufacturer of a toy was negligent can be grounds for a products liability claim or lawsuit. A personal injury lawyer can help you file your personal injury claim or lawsuit.

The list includes:

1. Go Diego Go Animal Rescue Boat, made by Fisher-Price: This toy was recalled because they were painted with what could be excessive quantities of lead.

2. Sticky Stones, made by GeoCentral: A pontential choking hazard and cause of internal injuries.

3. Jack Sparrow’s Spinning Dagger, made by Zizzle: May cause eye injuries and does not come with a manufacturer warning.

4. L’il Giddy Up’ Horse – Sassy Pet Saks, made by Douglas Co.: The Beads on the this toy can be removed and swallowed easily and can also lead to aspiration injuries.

5. Dora the Explorer Lamp, made by Funhouse: A potential cause of burns and electric shock.

6. Spider Man 3 New Goblin Sword, made by Hasbro: May cause impact injuries, including facial injuries.

7. Hip Hoppa, Made by Spin Master Ltd. and Vivid Imaginations Ltd.: Could lead to head injuries and fall injuries.

8. B'Loonies Party Pack, made by Ja-Ru Inc.: Flammable chemicals could lead to ingestion and burn injuries.

9. My Little Baby Born, made by Entertainment Inc.: Zapf Creations AG: The plastic pacifier attached to ribbon that comes with the doll is a choking hazard.

10. Rubber Band Shooter, made by Simple Toys LLC: May cause serious eye injuries.

Toy Injury Statistics:

• About 155,400 children under 15 years of age received medical care at hospitals in 2003 because of toy-related injuries.

• 64% of toy-related fatalities that year were caused by choking.

• Nearly 50% of toy-related injuries are sustained by children injured on the head or face.

• Drowning, falling off a toy, and suffocation are other common causes of toy related injuries.

Toys to avoid this holiday season, Boston.com, November 14, 2007

Toy Safety - Injury Statistics and Incidence Rates, Children's Hospital, Central California

Related Web Resources:

World Against Toys Causing Harm

Hey, you'll poke your eye out with that thing!, MSNBC, November 14, 2007

Continue reading "Boston-Based Advocacy Group Releases its Annual List of Dangerous Toys " »

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Merck & Co. says it will set up a $4.5 billion fund as part of its settlement agreement to resolved the majority of the personal injury claims and lawsuits that have been filed by thousands of plaintiffs who had heart attacks and strokes because they used the painkiller Vioxx. The settlement agreement applies to lawsuits filed in U.S. state and federal courts—ever since Merck withdrew the once-popular painkiller off the market.

In order for the settlement to go into effect, however, at least 38,000 of the plaintiffs who have filed lawsuits against Merck must sign the agreement and its terms. As part of the settlement, any law firm representing plaintiffs in a Vioxx claim or lawsuit must recommend the deal to all clients who are eligible for compensation from the settlement fund.

The settlement amount that a plaintiff can receive would depend on the extent of the plaintiff’s injuries and the amount of time that he or she took Vioxx.

The New York Times says that about 47,000 plaintiffs are part of the 27,000 products liability lawsuits that have been filed against Merck. The average plaintiff could likely receive a little over $100,000 before legal fees and expenses are deducted. Plaintiffs do not have to take part in the agreement, but they could find it a challenge to pursue the case if some of the country’s top litigation attorneys agree to the settlement.

Merck negotiated the settlement with a group of lawyers that represent the majority of the plaintiffs.

If the agreement were to go into effect, the total amount that Merck would pay would not exceed $4.5 billion. The pharmaceutical giant says it plans to defend itself against claims that are not part of the settlement. So far, Merck has won 11 Vioxx lawsuits and lost five others.

Vioxx was recalled in 2004 after studies confirmed that use of the painkiller could increase the risk of stroke and heart attack. Merck withdrew the painkiller from the market on September 30, 2004.

By initially defending itself aggressively by going to trial rather than settling early, Merck was able to reveal some of the weaknesses in cases filed by many plaintiffs who could not prove that taking Vioxx caused their heart attack or stroke. A verdict in August 2005, however, held Merck liable for the death of a man who died after taking Vioxx for less than 12 months. Merck was ordered to pay his widow Carol Ernst $253.5 million.

Merck agrees to pay $4.85 billion in Vioxx settlement, Boston.com/Reuters, November 9, 2007

Related Web Resources:

Timeline Of Vioxx-Related Events, CBS News, April 5, 2006

Merck and Company

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A jury in Los Angeles says Dole Food Co. Inc. must pay six Nicaraguan farm workers $3.2 million dollars for injuries they say they sustained on the job over 30 years ago.
The six men say they became sterile because Dole used a banned pesticide at the plantations where they were employed. The injuries occurred in Central America.

The jury is back in court to determine whether Dole and Dow Chemical Co, a codefendant in the lawsuit, should be asked to pay punitive damages to punish them for wrongful actions.

The LA jury determined that DBCP was defective and its benefits—increases banana harvests up to 20%--were outweighed by the risks.

So far, courts in Nicaragua have returned over $600 million in judgments against Dole and other companies but none of the money can so far be collected. The jury determined that Dole intentionally did not tell workers of the risks associated with the chemical. Dow must pay 20-40% of the awards owed to each worker. Dole claims that it did not hide the risks from workers.

Dow, the co-defendant in the case, claims that DBCP is not defective if used properly.

Four more personal injury lawsuits involving thousands of workers from Honduras, Costa Rica, Panama, and Guatemala are pending. The workers say that they too were injured because Dole used DBCP at their plantations.

Internationally, tens of thousands of workers have filed lawsuits over the use of the chemical.

DBCP is banned almost everywhere in the world. The chemical is used to fight pests that attack fruit tree roots. The chemical also is known to make rabbits—and, allegedly, human beings sterile.

The Environmental Protection Agency says DBCP can cause cancer and liver and kidney damage especially if a person is exposed to high levels for an extended time period.

Companies in the United States stopped using DBCP after workers at a Lathrop, California plant appeared to become sterile after working with the chemical. The workers injured at the Lathrop plant sued the company they were working for and won. DBCP was pulled off shelves in 1979.

If you or someone you love has sustained serious injury or harm because of a defective or dangerous product, you may be able to file a products liability lawsuit against the party responsible for your injuries.

Jury considers punitive damages against Dole, Los Angeles Times, November 6, 2007

Dole must pay farmworkers $3.2 million, Los Angeles Times, November 6, 2007

Pesticide’s Victims Will Finally Come Before a U.S. Court, Council on Hemispheric Affairs

Related Web Resources:

Dole Food Company, Inc. Pleased by Jury Verdicts against Half of Plaintiffs in DBCP Cases, Dole, Business Wire, November 5, 2007

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Cargill Inc. says it is recalling over one million pounds of ground beef because of fears of E. coli bacteria contamination. Massachusetts, Maryland, Connecticut, New Jersey, Maine, Michigan, Ohio, New York, Virginia, and Pennsylvania are the 10 states affected by the recall. This is Cargill Inc’s second voluntary meat recall due to E. Coli concerns over the last few weeks.

Ground beef affected by this recall was produced by Cargill between October 8 and October 11 at its Wyalusing, Pennsylvania plant. The beef was sold at a number of retailers, including Weis, Giant, Stop & Shop, and Shop Rite.

The Agricultural Department found E. Coli O157:H7 in a beef sample that was produced on October 8, 2007. Cargill is working with the USDA Food and Safety Inspection Service to track down the million plus pounds of ground beef that could have been contaminated with E. Coli bacteria so they can be pulled from stores.

In early October, Cargill voluntarily recalled over 840,000 pounds of ground beef patties that were sold nationally at Sam’s Club stores because of contamination by the same strain of E. coli. One girl, 4-year-old Callie Gustafson, was hospitalized with E. coli after eating the ground beef. Her parents have filed a products liability lawsuit and claim their daughter sustained permanent injuries because of her illness.

The CDC says there are 73,000 reported E. coli cases every year. Around 61 of these cases result in fatalities. Around 2100 cases require hospitalization.

E Coli contamination of meat usually happens during the slaughtering process, when the feces and the testicles of the animal can end up coming into contact with the carcass. If the carcass isn’t sanitized, the E. Coli bacteria becomes mixed into the meat during the grinding process.

A meat producing company is required to make sure that all sanitation measures are followed so that E. coli contamination does not occur to the meat sold in the marketplace. If a person becomes sick because of eating the contaminated meat, he or she can file a personal injury lawsuit against the manufacturing company.

Cargill Recalls 1 Million Pounds of Beef, AP, November 3, 2007

E. coli O157:H7, About E. coli

Related Web Resources:

Sam's Club recalls Cargill-made hamburgers in U.S., Reuters, October 6, 2007

E. coli, Centers for Disease Control & Prevention

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Makers of Dimetapp, Pediacare, Little Colds, Triaminic, Robitussin, and Tylenol are pulling their infant cold medicine products from stores. The medicine makers claim that the medicines are safe for use, but they were concerns that parents could misuse the medicines by accidentally overdosing their children. The voluntary withdrawal follows the Food and Drug Administration’s recommendation that all over-the-counter cold and cough medications for children younger than two years of age be banned.

The Consumer Healthcare Products Association also is recommending the ban. However, many medicine makers are continuing to manufacture and market these types of products and make them available in the market.

More than 800 over-the-counter pediatric medicines for coughs and colds are available. Before July 15, at least 41 million units had been sold in the U.S. While the industry claims that these medicines are safe when administered properly, others are worried that they could be dangerous.

Between 1969 and 2006, 114 children died from taking cough or cold medicines. Children also sustained injuries from taking too large a dose. However, one case at the Poison Control Center of the Children’s Hospital of Philadelphia reported four incidents of lengthy hallucinations by kids that had taken the recommended dose.

The FDA says there are 69 reported deaths of children who had taken antihistamines when they had runny noses. It also cited 54 deaths caused by decongestants sold over-the-counter. In Maryland, 900 children younger than four years of age reportedly overdosed on infant cough and cold medicine.

List of Medicines Pulled from the Marketplace:

Tylenol
• Concentrated Infants’ Drops Plus Cold & Cough
• Concentrated Infants’ Drops Plus Cold

Robitussin
• Infant Cough DM Drops

Little Colds
• Multi-Symptom Cold Formula
• Decongestant Plus Cough

Dimetapp
• Decongestant Infant Drops
• Decongestant Plus Cough Infant Drops

Triaminic
• Infant & Toddler Thin Strips Decongestant Plus Cough
• Infant & Toddler Thin Strips Decongestant

Pediacare
• Infant Dropper Decongestant & Cough
• Infant Dropper Decongestant
• Infant Drops Decongestant
• Infant Dropper Long-Acting Cough
• Infant Drops Decongestant & Cough

Baltimore health commissioner Joshua Sharfstein says that it is unreasonable for medicine makers to claim that products are safe for use when taken as suggested because they don’t offer recommended doses for children younger than age two.

Side effects associated with over-the-counter medication can include irritability, sedation, allergies, and heart abnormalities.

Dr. Sanjay Gupta from CNN recommended that infants with coughs and colds be treated with saline nose drops, hydrators, chicken soup, vaporizers, and fluids.

Pharmaceutical companies are supposed to ensure that the over-the-counter and prescription drugs that they make for users are safe for use when taken properly. They are also supposed to provide proper instructions and warnings on their labels. Failure to do any of this can turn a common over-the-country medication into a dangerous drug and lead to injuries or deaths. The pharmaceutical company that manufactured the dangerous medication can be held liable for personal injury or wrongful death.

Makers pull cold medicines sold for infants, CNN.com, October 12, 2007

Makers Pull Infant Cold Medicines, New York Times, October 11, 2007

Related Web Resources:

FDA

Consumer Healthcare Products Association

Continue reading "Medicine Makers Voluntarily Pull Dimetapp, Pediacare, Little Colds, Triaminic, Robitussin, and Tylenol Infant Cold Medicines " »

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In Swampscott, Massachusetts, three construction workers were sent to local hospitals on Tuesday after the scaffolding that they were standing on fell, causing the workers to drop two stories to the ground. The three men had been roofing a new home when the bracket that was holding the planks of the scaffolding in place punched through a wall.

Swampscott police Chief Ronald Madigan says the bracket appeared to be attached to the wall of the house but that there did not appear to be a stud on the inside that could support the workers’ weight. Police Chief Ronald Madigan said the cause of the fall accident appeared to be “an improperly placed support.” OSHA, the Occupational Safety & Health Administration, is investigating the accident.

The three men injured in the accident were Gloucester resident John Goslin, Kevin Kuppim, of Beverly, and Tim Shennet from Exeter, New Hampshire. According to police, one of the men temporarily lost consciousness after the fall.

The name of the roofing company is A.F. Construction. The 2500 square foot home where the accident occurred is being constructed on a hill.

Although construction workers generally cannot sue their employers when they are injured on the job because of benefits they are entitled to through workers’ compensation, there may be other parties that can be held liable for a construction worker’s injuries, pain, and suffering. For example, if a person is injured on the job because of a defective piece of construction equipment or machinery, the manufacturer, distributor, assembler, or seller of the product could be held liable for allowing the defective product to enter the marketplace.

Defective products claims and lawsuits fall under products liability law, which holds manufacturers, retailers, and distributors legally for making sure that their products that enter the marketplace are safe for use and will not injure or kill any consumers—if the product is used properly. Injury or death because of a defective machine, a contaminated food product, a defective toy, a faulty electronic item, a defective car part, or any other consumer item is grounds for a products liability claim or lawsuit.

If you have been injured in a construction accident in Massachusetts, you should speak with an experienced workers’ compensation attorney immediately. Your workers’ compensation lawyer can make sure that you receive the maximum benefits that you are entitled to under the law. Your attorney can also evaluate and investigate your case and file a personal injury claim or lawsuit against any negligent parties.

An injured worker has seven months after an injury accident to file a personal injury claim against a third party.

Three workers hospitalized after fall from scaffolding, The Salem News, October 10, 2007

Related Web Resources:

Occupational Safety and Health Administration

Department of Industrial Accidents, Mass.gov

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Topps Meat Co. has expanded its initial meat recall from 332,000 pounds of ground beef products to 21.7 million pounds. This is one of the largest meat recalls to ever take place in the United States.

The meat company says that the meat being recalled may be contaminated with E. coli 0157:H7, a bacteria that can cause cramps, diarrhea, and other health problems. The U.S. Department of Investigation says it is so far investigating 25 reported illnesses that could be related to the Topps meat products.

Products being recalled include ground beef meat with a “best if used by date” or “sell by date” ranging between 09/25/07 to 09/25/08. The marking “Est. 9748” accompanies the meats’ USDA inspection mark.

Topps says it is working with state departments of health, the USDA, distributors, and retailers to ensure that consumers are safe and protected. The company also says that it is now involving food safety experts and microbiologists in the company’s quality control procedures. It is Topps first recall in its 65 years of business.

E. coli 0157:H7 infection can lead to abdominal cramps bloody diarrhea, non-bloody diarrhea, and fever. With children and older people, E. coli 0157:H7 can sometimes lead to hemolytic uremic syndrome, which can lead to kidney failure.

Food manufacturers, processors, sellers, distributors, and restaurants are legally obligated to produce, process, or serve foods that will not make a consumer ill. Food products must be free from contamination and—if prepared at a restaurant or grocery store—they must be properly prepared so that a person does not get sick or die from eating the food.

Failure to uphold these food standards can be grounds for a products liability claim or lawsuit against all negligent parties if injuries or deaths occur.

21.7 million pounds of meat recalled, CNN.com, September 29, 2007

Topps expands beef recall, CNN.com, September 29, 2007

Topps Meat Company LLC Expands Ground Beef Recall To Help Ensure Consumer Safety, Toppsmeat.com, September 29, 2007

Related Web Resources:

Topps

Escherichia coli O157:H7, CDC.gov

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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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The Us Consumer Product Safety Commission announced today that it is recalling over 300,000 Chinese-made toys and jewelry for children. The CPSC cited excessive levels of lead as the reason for the recalls.

Approximately 250,000 SpongeBob SquarePants journals and address books (that may have excessive levels of lead paint on their spiral/metal bindings) are part of the recall. The books were sold in the U.S. between June 2006 and July 2007.

Curious George and Thomas and Friends pails and spinning tops are also part of the recall due to concerns that their wood handles might have too much lead. About 4,700 pails and 66,000 spinning tops sold in the U.S. between July 2001 and July 2002 are included in the recall.

Approximately 7,900 Divine Inspiration charm bracelets for children (sold between August 2006 and May 2007) and almost 14,000 Toby & Me Jewelry sets are also being recalled because of concerns of excessive lead.

Lead is considered a very toxic metal especially for children, ages 6 and under. Lead poisoning, brain damage, learning disabilities, behavioral difficulties, seizures, and wrongful death can result from exposure to excessive levels of lead.

If you or someone you love becomes ill because of too much lead in a particular product, whether a toy, paint on the walls of a home, lead in soil or lead in drinking water, you may have grounds to file a products liability claim or a personal injury lawsuit against the party or parties responsible for the excessive levels of lead. A person whose loved one has died because of exposure to lead may also have grounds for filing a wrongful death lawsuit.

The Environmental Protection Agency offers valuable information about lead exposure and its health effects on children, including:

Lead is even more dangerous to children than adults because:
• Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them.
• Children's growing bodies absorb more lead.
• Children's brains and nervous systems are more sensitive to the damaging effects of lead.

If not detected early, children with high levels of lead in their bodies can suffer from:
• Damage to the brain and nervous system
• Behavior and learning problems (such as hyperactivity)
• Slowed growth
• Hearing problems
• Headaches

Lead Causes More US Recalls of China-Made Toys, Boston.com, August 22, 2007

Health Effects of Lead, Environmental Protection Agency

Related Web Resources:

Lead paint, magnets are latest concerns, Boston.com, August 15, 2007

U.S. Consumer Product Safety Commission

Continue reading "US Issues More Recalls of Toys and Jewelry Made in China" »

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Mattel issued a recall today of its toys with small magnets and toys made in China that have hazardous lead paint. It is the toymaker’s second recall this month.

The world’s largest toymaker says it is recalling some 436,000 toys, including die-cast toy vehicles that feature the Pixar movie character “Sarge.” The toy vehicles were manufactured in China and are believed to have “impermissible levels of lead.”

In another recall action today, Mattel is recalling globally some 18.2 million toys with magnets. About 9 million of these toys were sold in the United States. The magnets are said to be powerful, can come lose easily, and choked on if swallowed. This recall follows an similar recall in 2006 after a number of children were critically injured or died after swallowing magnets from toys. Some 63 kinds of toys are included in this current recall, including a number of Batman toys, Polly Pocket toys, Barbie toys, and Doggie Day Care toys.

Mattel has apologized for the recall and says it is working with regulatory agencies, the Consumer Product Safety Commission, and retailers to take the recalled products off store shelves.

Earlier in August, Mattel recalled more than one million toys that were manufactured in China because they had dangerous levels of lead paint. Toys in this recall include a number of Dora the Explorer products and Sesame Street toys from Mattel’s Fisher-Price unit.

Toys are given to young children for the purposes of giving them pleasure or to educate or entertain them. Toys are often designated for their appropriate age group, so that children that are too young to enjoy or learn from a specific toy are not harmed unnecessarily because the pieces might be a choking hazard if swallowed or a toy requires the experience and skills of an older child.

It can be very traumatic for a child if he or she is hurt while playing with a toy. In instances where more than one child is injured or killed because a particular toy has proven dangerous or defective, a toy manufacturer might issue a product recall to have the toy removed from store shelves.

Toys with unacceptable levels of lead, flammable materials, excessively small pieces, or sharp pieces or edges can sometimes lead to serious injuries if not death.

The parents of a child that is hurt because of a dangerous or defective toy may have grounds to file a products liability claim or lawsuit to hold the manufacturer, distributor, or seller of a faulty product liable for the injury.

Mattel Issues New Recall of Chinese Toys, New York Times, August 14, 2007

Mattel Recalls 9 Million Toys in US, CNN, August 14, 2007

Related Web Resources:

Toy Hazard Recalls, U.S. Consumer Product Safety Commission

Toy Safety - Injury Statistics and Incidence Rates, Children SNYP.org

List of Toys in Mattel Recall, Forbes.com, August 14, 2007

Continue reading "Mattel Issues Product Recall For Toys with Magnets and Dangerous Lead Paint" »

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