Boston Injury Lawyer Blog

Bobby Jenks, the Red Sox relief pitcher, claims that a Boston medical mistake during spinal surgery caused him to have to undergo an emergency procedure 18 days later. Now, Jenks may not be able to pitch this season.

Jenks underwent spinal decompression surgery at Massachusetts General Hospital last December. The procedure was supposed to alleviate a back condition. The urgery was performed by Dr. Kirkham Wood, who heads up MGH’s orthopedic spine service.

Jenks says that following the first procedure, he was leaking spinal fluid, suffered severe headaches, experienced severe pain, and developed an infection in his incision wound. 18 days after the surgery, he underwent an emergency procedure while in Arizona. Jenks says that if he didn’t have the second surgery the infection might have spread to his brain. (If, in fact, a medical error caused the complications that Jenks experienced, the Red Sox baseball player may have grounds for a Boston medical malpractice case against the Massachusetts hospital)

According to the Boston Globe, Jenks’ experience is once again raising questions about the type of care the Red Sox provides its team members. Jacob Ellsbury, the Red Sox center fielder, claims that the team made a wrong diagnosis of a rib injury he sustained in 2010 (this is an allegation that the team denies). After outfield prospect Ryan Kalish suffered a torn shoulder labrum last year, he was told to go to rehab. Several months later, he ended up requiring surgery.

In addition to the bills that can pile up because of a medical mistake, there may be other damages, including pain and suffering, lost wages, and career setbacks that have to be considered. Working with an experiencd Boston injury lawyer can increase your chances of getting the maximum financial recovery possible.

Jenks: Error was made in surgery, Boston Globe, February 24, 2012

Red Sox restructure medical staff, ESPN, January 19, 2012

More Blog Posts:
Massachusetts Dentist Gets Year in Jail for Using Paper Clips in Root Canals, Boston Injury Lawyer Blog, January 30, 2012

State’s Supreme Judicial Court Rules that Massachusetts Medical Liability Lawsuit Can Include Wrongful Death Claim Despite Deadline’s Passing, Boston Injury Lawyer Blog, October 30, 2011

Boston Wrongful Death Lawsuit Accuses Hospital and Wareham Hospital and Nurse of Massachusetts Medical Malpractice, Boston Injury Lawyer Blog, September 24, 2011

A judge has upheld the $20M Andover wrongful death verdict awarded to the family of a woman who died after she was injured while going down an inflatable pool slide. Robin Aleo, 29, sustained fatal injuries when the slide partially collapsed as she descended head first and she struck her head on the pool deck.

After the Andover swimming pool accident, Aleo, who suffered a spinal cord injury and broke her neck, became a quadriplegic that couldn’t breath without help. She was later removed from life support.

Her family filed an Essex County, Massachusetts products liability complaint against Toys “R” Us, which imported the Banzai Falls in-ground slide that was made in China. They contended that the slide was never tested to see if it fulfilled federal standards.

Safety standards dictate that pool slides have to be able to safely carry up to 350 pounds without deforming or collapsing. Attorneys for the defense contended that because the slide was inflatable, it isn't subject to the testing that is generally required for other pool slides.

Last year, a jury awarded the family $20.6M in Andover wrongful death damages. Toys "R" Us filed a motion asking that the verdict be lowered and a new trial take place. A Superior Court judge denied both requests.

While no money can make up for the death of a loved one, it can provide family members with some financial relief while allowing them to hold any responsible parties liable for wrongdoing. Product manufacturers, sellers, distributors, and importers must make sure that the consumer goods that they sell meet all safety standards so that the chance of serious injury or death is decreased. Even if the party didn’t manufacture the product but played a role in the chain of distribution that allowed consumer goods to enter the market, that person or entity could be ordered to pay damages.

$20 million verdict upheld in pool slide lawsuit, Boston, February 17, 2012

$20M Verdict Upheld in Massachusetts Pool Slide Lawsuit, Insurance Journal, February 20, 2012

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

“Metal-on-Metal” Hip Replacement Devices May Increase Cancer Risk, Says Study, Boston Injury Lawyer Blog, February 13, 2012

Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol, Boston Injury Lawyer Blog, January 11, 2012

Continue reading "Judge Upholds $20M Massachusetts Products Liability Lawsuit in Woman's Pool Slide Death" »

A new state law has just gone into effect that prohibits kids under age 14 from operating ATVs. Our Boston ATV accident lawyers hope that this will decrease the number of injuries and deaths involving all-terrain vehicles.

According to a new study, the number of spinal cord injuries and brain injuries involving all-terrain vehicles has gone up by up to 50%, with younger riders at greater risk of sustaining this type of serious injury. The study was conducted by Drs. Joel D. MacDonald and Michael A. Finn of University of Utah, Salt Lake City and has been published in this month’s issue of Neurosurgery.

Researchers analyzed trends involving ATV-related spinal and brain injuries that took place in Utah between 2001 and 2005 when about 1,500 patients were injured in ATV accidents:

• 741 of the patients had spine injuries or head injuries or both.
• Approximately 500 patients had injuries serious enough that they had to go to the hospital.
• Over 50% of these patients were the recipients of intensive care.
• On average, hospital stays lasted four days.
• Injuries included facial fractures, skull fractures, facial lacerations, and spinal cord injuries.
• 4 patients were pronounced dead on arrival.
• 15 patients died while in the hospital.
• About 100 patients were sent to a rehabilitation center or nursing home or received home healthcare.
• 30% of the ATV injuries occurred during a vehicle rollover.
• Other common causes of ATV injuries included collisions with other vehicles, collisions with stationary objects, or loss of control of the ATV.
• Patients that hadn’t been using helmets were most likely to suffer head injuries.

Also, today at the American College of Surgeons' annual meeting, public researchers and trauma surgeons said that people are far more likely to die from an ATV accident than a motorcycle crash. When the degree of injuries is the same, ATV accident victims were 50% more likely than motorcycle collision victims to require mechanical ventilation and medical care in an ICU and 50% more likely to die.

While operator error can be a factor in causing a Massachusetts ATV accident, all-terrain vehicle accidents and rollovers can occur because the vehicle was defective or malfunctioned in some way.

Study: Brain, Spinal Injuries Due to ATV Use Rise by 50%, ClaimsJournal.com, October 5, 2010

ATVs more deadly than motorcycles, MSNBC, October 6, 2010

Related Web Resources:
ATV Laws By State, CampingATV.com

ATV-Related Deaths and Injuries for All Ages, 1985-2008, ATV Safety.gov

Continue reading "Preventing Massachusetts ATV Accidents: Kids Under 14 Now Banned from Operating ATVs" »