Boston Injury Lawyer Blog

Shane and Danielle Lambert are suing McLean Hospital for their children’s Massachusetts wrongful deaths. Kaleigh, 5, and Shane, 4, died on January 11, 2008, when their aunt, Marcelle Thibault, carried them onto Interstate 495 where the three of them were fatally struck by two motor vehicles.

Thibault, who is Danielle’s identical twin, was mentally ill. She had received treatment for her condition at McLean Hospital. Psychiatrists at the Harvard-affiliated psychiatric facility had diagnosed the 39-year-old with bipolar disorder in 2007. After discharging her from the Belmont hospital they recommended outpatient therapy and prescribed psychotropic drugs. However, the Lamberts claim that McLean’s doctors failed to warn them that Marcelle might be a danger to herself and those close to her.

On the night of the tragic incident, four months after she was discharged from the mental hospital, Thibault arrived at the Lamberts home to pick up the kids for a sleepover. Earlier in the evening, Massachusetts State Police almost detained her for a psychiatric evaluation. She reportedly was behaving strangely on an I-495 median and she even hit a motorist who tried to help her.

Thibault took her nephew and niece back to the median where she stopped her vehicle, parking it in the wrong direction. She took off the kids’ clothing, as well as her own clothes, and ran with them into oncoming traffic. A week after her death, the Middlesex district attorney’s office ruled the Lowell pedestrian accident a murder-suicide.

Other defendants in the Massachusetts wrongful death lawsuit are Katryn Healy, a licensed social worker, and psychiatrists Dr. Mia D. Pfleging and Dr. Matthew E. Bernstein.

A party does not have been the direct cause of Massachusetts wrongful death in ordered to be named as a defendant. A defendant can be held liable if their allegedly negligent actions contributed to causing the death.

Parents' suit blames hospital in children's Lowell I-495 deaths, January 27, 2010

Lawsuit faults McLean in death of 2 innocents, Boston.com, January 26, 2010

Related Web Resources:
Wrongful death, the General Laws of Massachusetts

McLean Hospital

An attorney for the family of Kenneth Howe says there will be a civil rights lawsuit filed over his death. The 45-year-old man died while in police custody after he was arrested at a North Andover sobriety checkpoint on November 26.

Howe was accused of striking one state trooper and trying to flee the scene. Police arrested him after a brief pursuit and he was charged with assault and battery on a police officer.

The family’s Massachusetts injury attorney says that Howe never attempted to resist arrest. According to the driver of the pickup truck that the Worcester man was riding in, the trooper pulled Howe from the vehicle and started yelling out that she had been assaulted. 10 – 20 cops then surrounded Howe, who afterwards was unable to stand up unassisted. Police picked him up and dragged him to a cruiser.

While in the booking room at Andover State Police Barracks, Howe became unconscious. He was transported to Lawrence General Hospital where he was declared dead.

Howe’s relatives have said that the “blunt force” injuries to the chest and head that killed Howe were a result of police beating him during his arrest. This week, the Chief Medical Examiner’s office ruled that the Worcester man’s death was a homicide, with “beating” as the cause of the victim’s fatal injuries. However, the medical examiner’s office was quick to point out that it is not assigning criminal wrongdoing or blame. Final forensic and autopsy findings are still pending.

Massachusetts Police Brutality
If you believe that your loved one sustained injuries or died while in police custody because a Massachusetts police officer used excessive force when apprehending, questioning, arresting, or interrogating him/her, you should not be afraid to report the incident. Police brutality is a violation of a person’s civil rights. Even if no wrongdoing is found on the part of an officer or a police department, you may have grounds for filing a Massachusetts police brutality complaint.

Medical Examiner: Death in cop custody a homicide, Boston Herald, January 23, 2010

Man Dies In State Police Custody After Arrest, WBZ, November 27, 2009

Related Web Resources:
Office of the Chief Medical Examiner's Office, Mass.gov

Massachusetts State Police

Continue reading "Massachusetts Police Brutality?: Death of Worcester Man While In Police Custody is Ruled a Homicide " »

In Norfolk Superior Court, Kathi Meyer filed a Massachusetts wrongful death lawsuit against the people that allegedly made alcohol available to her daughter Taylor on the day that she died.

Taylor drowned while drunk. The body of the 17-year-old Plainville teen was found in a swamp. She disappeared after leaving an underage drinking party at the abandoned Norfolk airport. A two-day search ensued.

Named as defendants in the wrongful death lawsuit are siblings Paige and Brian Zuzick, Sean Flynn, Rachel Stark, and her mother Dianne, Matthew Dusseault, and Christopher Moran. Brian gave alcohol to Taylor and Paige. Flynn, a 21-year-old North Attleboro resident, bought the rum for Brian. Taylor allegedly had access to alcohol during a party at the Stark residence before she went to the party at the airport. Dusseault and Moran, who are both from Norfolk, are accused of bringing alcohol to the underage drinking party.

In her Norfolk wrongful death complaint, Kathi says that friends laughingly pointed Taylor toward the swamp instead of the street as she left the party at the airport. Kathi is accusing the defendants of negligence, wrongful death, conscious infliction of pain and punishment, and willful and reckless acts.

Underage Drinking
There is a reason why minors are not allowed to drink alcohol. The US Surgeon General reports that about 5,000 minors die every year because of underage drinking. Teens often do not know how to handle their liquor, which can lead to injuries and deaths from tragic car accidents, violent and sexual crimes, suicide, drug use, and other unfortunate incidents.

Mother files lawsuit after daughter’s drowning death at party, Boston Herald, January 13, 2010

Friends, parents sued in teen's death, The Sun Chronicle, January 13, 2010

Related Web Resources:
Dangers of Teen Drinking, Federal Trade Commission

Underage Drinking, Centers for Disease Control and Prevention

Continue reading "Taylor Meyer’s Mom Files Massachusetts Wrongful Death Lawsuit Against Friends and Parent" »

Michael L. VonBehren was just 18-years-old when a Lowell drunk driver fatally struck him on Interstate 290 in December 2008. Now, his parents Dale and Kathleen VonBehren, are suing JBC of Worcester for the Shrewsbury teenager’s Massachusetts wrongful death.

Somang Ath, the 26-year-old driver of the vehicle that struck the car that their son was riding, was also killed in the tragic Massachusetts car accident. Prior to driving the wrong way and crashing head-on into the vehicle that VonBehren was in, Ath drank alcohol with friends at Jillian’s, a Worcester bar.

According to Massachusetts police, Ath’s BAC was .28%. The License Commission suspended the bar’s license for a week after determining that there was evidence that Jillian’s over-served him. JBC of Worcester, which was bought by Revolution Entertainment of Whitinsville this May, was the owner of the bar at the time that the deadly Shrewsbury traffic accident happened. 10 days after the tragic Shrewsbury car crash that killed Ath and VonBehren, Jillian’s allegedly over-served another man who had a BAC of .30.

The Massachusetts wrongful death complaint accuses the company of negligence for over-serving Ath and letting him get drunk. 50 “Does” were also listed as Massachusetts wrongful death defendants in the VonBehren’s civil lawsuit.

The VonBehrens are seeking damages for pain and suffering, loss of consortium, and mental anguish.

Third Party Lawsuits
In Massachusetts, not only can you sue the drunk driver that caused a car crash for Boston personal injury or wrongful death, but you can also sue third parties, such as a bar or a liquor store, that contributed to the inebriated motorist becoming drunk. For example, a bar may have overserved the motorist, allowed an underage teen driver to drink or obtain alcohol, or let a drunk patron get behind the wheel of the vehicle. This holiday season, the National Highway Traffic Safety Administration and Massachusetts State Police are cracking down on drunk drivers to prevent more alcohol-related crashes from happenings.

Family sues bar’s ex-owner in son’s death, Telegram.com, December 15, 2009

Dedham Police joins Massachusetts State Police in crackdown on drunk driving during the holiday, Wicked Local, December 15, 2009

Related Web Resources:
MassDOT

Fatalities and Fatality Rates in Alcohol- Impaired-Driving Crashes by State, 2007-2008, NHTSA (PDF)

Five years after 3-year-old Jason Fox’s death, a Suffolk County jury has awarded his parents $15 million in Massachusetts medical malpractice damages: $5 million for wrongful death, $5 million for the boy’s pain and suffering, and $5 million for the loss of their child.

Jason, who was born with Tetralogy of Fallot, died in December 2004 after undergoing a procedure at Children’s Hospital in Boston a year and a half earlier to treat his birth defect. The serious defect, which was treatable, prevented his limbs and organs from receiving enough oxygen.

Jason underwent seven cardiac catheterizations and open heart surgery. During his second catheterization in April 2003, Jason had a seizure. The contrast dye, which allowed doctors to better see his anatomy, went into his brain.

Doctors who conducted an MRI to determine if he now had brain damage found a piece of metal in his brain that they think came from a medical instrument. They are not sure which procedure or what hospital the metal piece came from. The toddler’s heart rate dropped during the MRI and doctors had to revive him. Jason couldn’t speak or walk when he left the hospital. He sustained permanent brain injuries and eventually died.

Jason’s parents, Brian and Andrea Fox, say the doctors lied about what they did when treating their son and tried to cover up their actions. In Superior Court last week, the jury blamed Dr. James Lock and anesthesiologist Dr. James A. DiNardo for the boy’s wrongful death. They found at least two other doctors liable for providing Jason with negligent medical care.

Because of an agreement reached between the defendants and plaintiffs before the $15 Million Boston wrongful death verdict was announced, the actual medical malpractice award will be less.

Family wins $15 million malpractice judgment against Children's, MyFoxBoston, December 18, 2009

Jury ties doctors’ errors to boy’s death, Boston.com, December 19, 2009

Related Web Resources:
Children’s Hospital in Boston

Tetralogy of Fallot, National Heart Lung and Blood Institute

The father of John Edwards, a Harvard sophomore who committed suicide in 2007, is suing the university and a nurse and supervisor at the school’s Health Services for Massachusetts wrongful death and medical malpractice. John B. Edwards II filed his Boston medical malpractice lawsuit in Middlesex Superior Court.

The elder Edwards is accusing Dr. Georgia Ede of failing to properly supervise nurse practitioner Marianne Cannon, who prescribed three drugs to his son even though she doesn’t have physician training. Cannon prescribed the amphetamine Adderall, a drug for attention deficit hyperactivity disorder, to the younger Edwards even though he was never diagnosed with this condition. She later prescribed Wellbutrin and Prozac, two strong antidepressants. Edwards was also taking Accutane, an acne drug that is linked to thoughts of suicide.

The US Food and Drug Administration has cautioned that patients who are prescribed Accutane, Wellbutrin, or Prozac should be closely observed in case they begin to have suicidal thoughts.

In his Massachusetts medical malpractice lawsuit, Edwards II says that the drug Adderall caused his son to experience anxiety and chest pains. He also contends that his son had told Cannon that when he took Prozac in the past he had experienced “out-of-control feelings.”

Harvard University maintains that Edwards was given the proper care.

Massachusetts Medical Malpractice
Medical professionals can be held liable for Massachusetts medical malpractice if mistakes, negligence, carelessness, or recklessness causes injury, health complications, or wrongful death. Medical providers, including doctors, nurse practitioners, anesthesiologists, surgeons, dentists, dermatologists, and gynecologists cannot afford to make mistakes when treating patients.

Prescribing the wrong medication, operating on the wrong body part, giving the patient too much anesthesia, and failing to diagnose that a patient is suffering from cancer or another serious illness are just some examples of the kinds of medical mistakes that can be grounds for a Boston medical malpractice lawsuit.

Family of late Harvard student sues school, Boston Herald, December 4, 2009

Kin sue Harvard over son’s suicide, Boston.com, December 4, 2009

Related Web Resources:
Harvard University Health Services

Medical Malpractice, Justia

Even as an investigation into the “suicide” death of a Massachusetts woman who was visiting the US Virgin Islands continues, the family of Joan Baruffaldi is suing her husband, Robert Harris, for her wrongful death.

The veterinarian and mother of two, age 45, and her husband had been attending a conference at the island of St. John earlier this month when Harris says he found her hanging by her bathroom belt rope from the hotel bathroom’s curtain rod. Baruffaldi was later pronounced dead at the hospital. The local medical examiner declared her death a suicide.

Harris told authorities he and his wife locked herself in the bathroom after a day of fighting and drinking. He says he heard a crash coming from the locked room and thought she had passed out. Minutes later he contacted hotel security who opened the bathroom door.

Baruffaldi’s family, however, doesn’t believe that she killed herself. The couple fought frequently during their marriage, which lasted less than three years. She even told authorities she was afraid Harris would poison her. Her 14-year-old son from an earlier marriage wrote in a document for a restraining order that he had seen abuse. Baruffaldi later had the restraining order vacated. Her sister had reportedly even warned her not to go to the Virgin Islands.

Baruffaldi’s relatives want another autopsy conducted. Today, a Massachusetts judge removed Harris as the executor of Baruffaldi's estate.

Boston Wrongful Death
Family members of a person who dies may have grounds for filing a Boston wrongful death lawsuit against the person or entity that they believe is responsible for the fatality. Depending on the specifics of the case, a plaintiff may have grounds for suing a negligent car driver, trucker, doctor, product manufacturer, or another liable party. When murder may have been involved, surviving relatives may have cause to sue the suspect for Massachusetts wrongful death.

Joan Baruffaldi's husband removed from will, MyFoxBoston, November 25, 2009

Legal tangle follows death, Boston Globe, November 24, 2009

Related Web Resources:
Massachusetts Wrongful Death, General Laws of Massachusetts

Wrongful Death, Justia

Camille Campos is alleging police brutality in the Massachusetts wrongful death lawsuit she has filed against police officer Christopher Van Ness and the town of Yarmouth. The officer fatally shot Andre Luiz de Castro Martins following a high-speed police pursuit.

At the time, media reported that on July 27, 2008, Van Ness attempted to pull Martins, 25, over. A police pursuit ensued when Martins wouldn’t stop the vehicle.

Campos says her boyfriend, a Brazilian national, wanted to avoid arrest because he was in the US illegally. Police say that Martins had been at a bar and smoked pot before the car chase. The high-speed pursuit ended when Martin’s drove his vehicle onto a lawn.

According to the Cape and Islands District Attorney’s report, Van Ness got out of the vehicle and approached Martins, who then allegedly tried to hit the cop with his car. That’s when Van Ness shot Martins through the lung and heart. Van Ness has been cleared of any wrongdoing.

However, Campos and others in the Brazilian committee disagree with this finding.They say that Van Ness used excessive force when apprehending Martins. The police officer has also been accused of violating the Martin’s constitutional rights and depriving the victim's children with Campos of a father’s support and love. Campos says the experience caused her emotional trauma and physical signs of injury. She says the town of Yarmouth failed to properly train Van Ness to do his job.

Police are supposed to refrain from using excessive force when apprehending or arresting anyone. Per Lectlaw, they are only allowed to use the degree of force reasonably necessary to make an illegal arrest. Excessive use of force is a violation of one’s civil rights and can lead to Massachusetts personal injury or wrongful death.

Yarmouth police officer, town sued in fatal shooting, Cape Cod Times, November 5, 2009

Excessive Force, Lectlaw

Related Web Resources:
Police Brutality

Town of Yarmouth

Continue reading "Woman Files Massachusetts Wrongful Death Lawsuit Accusing Yarmouth Police Officer of Using Excessive Force to Apprehend Boyfriend" »

The parents of 8-year-old Christopher K. Bizilj are suing seven defendants for their son’s wrongful death. Christopher died after a Micro Uzi machine gun he was holding accidentally discharged last October at a Westfield gun fair. Charles D. and Suzanne M. Bizilj and their son Colin, 11, are suing for $4 million.

The defendants named in the Massachusetts wrongful death complaint are COP Firearms & Training, the Westfield Sportsman’s Club Inc., Edward Fleury, Carl Giuffre, Provost Precision Pistols LLC, Domenico J. Spano, and D & T Arms LLC. Giuffre, Fleury, and Spano have also been charged in criminal court over the fatal accident.

Per the Massachusetts wrongful death lawsuit, Charles Bizilj bought Christopher a turn at firing the machine gun at the "Great New England Pumpkin Shoot".” Spano brought the weapon, which belongs to Guiffre, to the expo that COP Firearms & Training and the Westfield Sportsman's Club were sponsoring. Fleury, who owns COP Firearms & Training and at the time was Pelham police chief, hired Spano and Guiffre as expo “renters.”

The complaint claims that Spano’s son Michael, 15, was in charge of loading the gun. He gave the gun to the 8-year-old and told him how to use it. The weapon jammed twice. Michael cleared the gun.

As Christopher tried lifting the gun, the stock slid down, the barrel spun up, and the weapon went off while the young boy tried not to drop it. He sustained fatal head injuries.

The Biziljs contend that the Uzi submachine gun was defective, dangerous, and not properly serviced.

Massachusetts law makes it illegal to furnish minors with machine guns.

Event facilitators and the owners of the property where the function is taking place can be held liable for Massachusetts personal injury or wrongful death if there is an unsafe condition or a hazard on the premise that could/should have been remedied and the failure to do so caused or contributed to the injury or death.

Gun death spurs $4 million suit, Amherst Bulletin, November 13, 2009

Family Sues over Boy's Death at Massachusetts Gun Show, Insurance Journal, November 11, 2009

Related Web Resources:
look at gun expo flyer, WBZ (PDF)

Wrongful Death, Justia

It’s been eight months since an 82-year-old Dorchester woman died while riding an MBTA escalator. Now, the family of Helen Jackson is suing the Massachusetts Bay Transportation Authority for Boston wrongful death. The lawsuit alleges that Jackson died of strangulation when, during a fall accident while riding the escalator, her jacket, scarf, and hair got stuck in the metal machinery.

MBTA officials had implied that Jackson died because she went into cardiac arrest while riding the moving machinery located inside Orange Line’s State Street station. Witnesses, however, say otherwise.

A number of passersby unsuccessfully tried to free Jackson from the escalator, but they could not separate her clothing from the metal. Jackson died at the scene.

According to the family’s Massachusetts wrongful death complaint, a medical examiner found that Jackson’s cause of death was strangulation. She also sustained injuries and blunt trauma.

A state inspection determined that there were no defects with the escalator.

The Boston wrongful death lawsuit accuses the MBTA of failing to monitor the escalator (despite a history of accidents) and neglecting to provide Jackson with the proper medical response.

Also, an emergency call box reportedly did not work properly when someone tried to call for help. And although security cameras showed pedestrians rushing to help Jackson, no MBTA official saw what was happening and did not respond to the emergency.

Escalator accidents
The US Bureau of Labor Statistics reports that there are about 30 escalator/elevator fatalities a year. Over 17,000 people are injured in these kinds of premises liability accidents. Escalator accidents can be caused by:

• Escalator defects
• Poor maintenance
• Missing escalator teeth
• Escalator malfunction
• Screws coming out of the escalator
• Too big of a gap between the moving steps and the escalator’s sides
• Clothing or shoes getting stuck in the escalator

Also, the US Consumer Product Safety Commission says that the rate of escalator injury has doubled for older adults, with almost 39,800 elderly people injured between 1991 and 2005. Trip and fall accidents and slip and fall accidents were the most common kinds of injury accidents involving the elderly to occur on escalators.

Escalator is cited in death at T station, The Boston Globe, November 3, 2009

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

Related Web Resource:
MBTA

href="http://www.cbsnews.com/stories/2005/02/17/earlyshow/living/ConsumerWatch/main674650.shtml" target="_blank">Danger On The Escalator, CBS, February 17, 2005

A Massachusetts wrongful death settlement agreement has been reached between Boston Medical Center and the family of Catherine O’Donnell. The 86-year-old woman died on October 13, 2007 a week after she fell while being readied for transfer from an operating room table to her hospital bed.

O’Donnell sustained a massive head injury during the Boston fall accident. Last year, her family filed a Boston wrongful death lawsuit against the teaching hospital. In their Boston medical malpractice complaint, O’Donnell’s family accused operating room staffers of failing to provide the expected standard of care to O’Donnell and that this resulted in her fatal fall accident. The plaintiffs contend that the medical team was too busy and preoccupied when moving the elderly patient. They also take issue with how they were first told that the hip surgery was a success and were then notified about O’Donnell’s head injury.

Anesthesiologist resident Dr. Carlos Guzman, orthopedic resident Dr. John Pryor, and nurses Ingrid Rush and Harvinder Miller are among the defendants named in the Boston wrongful death lawsuit.

The Massachusetts Department of Public Health cited procedural deficiencies as factors leading to O’Donnell’s fall accident. The hospital also determined that the operating staff was not paying full attention when attempting to move the elderly woman and that the removal of the safety belt from her person was not properly communicated between staffers.

Operating room staffers, just like nursing home workers, must exercise the right amount of caution to prevent fall accidents when assisting patients between beds, to their wheelchair, down the hallway, to the bathroom, into the shower, etcetera. Patients who are under anesthesia, unconscious, or not fully lucid for any other reason are usually unable to assist or support themselves during this move and are even more reliant on those around them to ensure a safe transfer or move. Yet the Bureau of Heath Care Safety and Quality says that every year, at least 50% of the 800 medical errors resulting in serious injuries that happen in Massachusetts hospitals involve fall accidents.

Fall accidents can result in serious injuries and may be especially catastrophic for elderly people, whose health may deteriorate as a result.

Family, hospital settle after mother’s fatal fall in operating room, Boston.com, October 14, 2009

Boston Wrongful Death Lawsuit Is Filed After 86-Year-Old Dorchester Woman Sustains Fatal Head Injury In Operating Room Table Fall, Boston Injury Lawyer, January 30, 2008

Related Web Resources:
Boston Medical Center

Hospital Falls Study Suggests Ways to Reduce Risk, Washington University in St. Louis

Police say they are now treating their probe into the deaths of two people who attended a sweat lodge for two hours as a homicide investigation. 38-year-old Kirby Brown and 40-year-old James Shore died on Friday while attending a “Spiritual Warrior” program run by self-help expert James Arthur Ray at the Angel Valley Resort.

More than 50 people reportedly entered the makeshift lodge, which was a 415-square-foot space. 19 other participants sustained injuries during the ceremony, intended as a “spiritual awakening.” As of today, one person is still in the hospital in critical condition.

Yesterday, a search warrant was executed at James Ray International offices. Police are looking for any documents that may have provided instructions on properly constructing a proper sweat lodge. They also want to know whether participants were notified of the risks associated with participating in the ceremony. Authorities say they no longer believe the deaths were “accidental.”

Program participants each paid over $9,000 to attend the 5-day course. The Associated Press was able to obtain records indicating that in 2005, local fire officials arrived at Ray’s “Spiritual Warrior” retreat to treat someone who fell unconscious during the sweat lodge.

Tom McFeeley, a spokesperson for the Brown family says that a transcript of a teleconference call this week facilitated by Ray with a number of the sweat lodge participants claims that the self-help expert is “controlling” participants and had engaged in their “physical and mental mistreatment.”

On Monday, Jack Judd, Yavapai County’s building safety manager, said there were no records to indicate that the sweat lodge constructed at the retreat center for Ray's program had the required building permit or that anyone had applied for one.

Wrongful Death
Even if the person or entity responsible for your loved one’s death did not intend to inflict harm, the party may still be held liable in civil court for Massachusetts wrongful death if recklessness, carelessness, negligence, or inadequate supervision contributed to the fatality. A Boston injury claim, and its outcome, is separate from any criminal charges that prosecutors might decide to pursue.

Murder Probe in Sweat Lodge Deaths, CBS News, October 15, 2009

Sweat lodge deaths investigated as homicides, CNN, October 15, 2009

Ariz. sweat lodge lacked key permit, The Philadelphia Inquirer, October 13, 2009

Related Web Resources:
James Arthur Ray

Spiritual Warrior Program

Continue reading "Wrongful Death?: Police Probe of Sweat Lodge Fatalities Becomes a Murder Investigation" »

At the US Department of Transportation’s Distracted Driving Summit this week, family members who lost loved ones in car accidents involving drivers who were distracted spoke to attendees about their tragedies. One woman lost her mother of a driver who was talking on his cell phone. Another woman, a motorcyclist, was killed when she was struck at a red light by a driver who was painting her nails. And of course, there are the accounts of loved ones lost because drivers were texting while driving, reaching for a cell phone, or glancing at a PDA to "quickly" read a text message.

According to the NHTSA, almost 6,000 people died in distracted driving accidents last year. Over 500,000 others survived these auto accidents with injuries. As one man who lost his mother told the summit, “distracted drivers destroy lives.” Yet many drivers continue to engage in some form of distracted driving.

Talking on a cell phone and texting while driving have proven especially dangerous, and calls for a nationwide ban on texting has become more urgent. The CTIA-The Wireless Association reports that 110 billion texts were sent out in December 2008. Compare this figure to the 10 billion texts that were transmitted in December 2005.

On Wednesday, the Obama Administration announced that federal workers will no longer be allowed to text message while operating a motor vehicle while on the job or in a government-owned auto. According to Transportation Secretary Ray LaHood, the government is also considering restricting truck drivers, train operators, and bus drivers from using cell phones.

In Massachusetts, there is still no ban on text messaging. Localities are allowed to decide whether to restrict cell phone use. Earlier this year, the Boston area’s transit authority announced a new policy change banning bus, trolley, and train operators from carrying cell phones and personal electronic devices while they are on the clock. The crackdown came after a trolley operator who was text messaging caused aBoston train accident that injured 49 people.

Boston car drivers are allowed to talk on handheld devices and text message while driving an auto. This can result in serious Massachusetts traffic accidents and personal injuries and wrongful deaths may ensue.

Cell Phone Ban After Boston Trolley Crash, Huffington Post, May 9, 2009

New regulation bans federal employees from texting while driving, Los Angeles Times, October 1, 2009

Related Web Resources:
Distracted Driving Summit, US Department of Transportation

State Cell Phone Driving Laws, Governors Highway Safety Association

An Examination of Driver Distraction as Recorded in NHTSA Database (PDF)

Continue reading "At Distracted Driving Summit, Families of Car Accident Victims Bring to Life the Deadly Consequences of Multitasking While Behind the Wheel " »

In Norfolk Superior Court, Judge Patrick F. Brady has ordered Boston mobsters James “Whitey’’ Bulger and Stephen “The Rifleman’’ Flemmi to pay $30 million for the Massachusetts wrongful death of Debra Davis. Flemmi, who was the 26-year-old woman's boyfriend, testified of his reluctance to kill her. He said that Bulger demanded that she die because she knew too much about their connection to the FBI as informants.

Flemmi, who is in prison for life for 10 murders, has also been ordered to pay $3 million for molesting Davis’s younger sister, Michelle, as well as $500,000 for the intentional emotional trauma inflicted on Davis’s mother, Olga. Michelle and Olga are both dead so any compensation that is collected would go to their estates. Bulger continues to remain in hiding.

A federal judge has yet to issue its final ruling on whether the government should be held liable for Davis’s murder as well as for the killings of Louis Litif and Deborah Hussey. Last July, US District Judge William G. Young said that the government was liable and that the families of the three victims should each receive $350,000 for pain and suffering. The judge said that he didn’t think he was going to order the government to pay the mothers of Davis and Hussey damages for their losses of companionship and support because the victims were adults when they died.

The Massachusetts wrongful death lawyer representing Davis’s family, however, asked that the judge reconsider—especially as the two mobsters have each been ordered to pay Olga $5 million for loss of companionship.

Last June, Young ordered the federal government to pay Richard J Castucci’s family $6.25 million for his wrongful death. Former hit man John Martorano shot him in the head after Bulger and Flemmi found out he was an informant.

In May, the government was told to pay $8.25 million to the families of Edward Halloran and Michael Donahue for their Boston wrongful deaths. Bulger killed the two men.

In 2006, a judge told the FBI to pay the mother and brother of Quincy fisherman John McIntyre $3.1 million for his mob murder.

Judge orders mobsters to pay $30m to victim’s family, Boston.com, September 18, 2009

US ordered to pay $6.25m to family in 1976 mob killing, Boston.com, June 12, 2009

Families Of ‘Whitey’ Bulger Victims Awarded $8.5 Million, WBUR.org/AP, May 1, 2009

Related Web Resources:
Stepping up hunt for Whitey Bulger, FBI

Notorious Boston crime boss turns 80 as a fugitive, Boston.com, September 3, 2009

Over a year ago, our Boston Injury Lawyer Blog posted a story about a $10 million Massachusetts wrongful death filed against the city of Beverly and three of its police officers over the 2005 suicide death of then-19-year-old Danielle Tarsook.

The lawsuit accused the defendants of negligence in the way they handled a 911 call about a “possible suicidal female, who happened to be Danielle. After taking her to a hospital to have her admitted, they instead handed her over to her father, then-police officer Dennis Tarsook. The complaint notes that it is against police policy for officers to handle incidents that involve their family members.

Per a state police report, Danielle and her dad got into an argument and she went home without getting any medical help. She then used an electrical cord to hang herself in the bathroom of the apartment she shared with her boyfriend, Matt Lewis.

Now, according to the Massachusetts wrongful death lawyer representing Danielle’s mother, Beverly Tarsook, police are claiming they cannot find the recording of the 911 phone call that Lewis made on the day that Danielle killed herself. The attorney also says that the cop who wrote a report about the incident is now claiming to have made an error when noting the call was about a “possible suicidal female” and that some people are now saying they didn’t know the teenager was suicidal.

The personal injury attorney would like the Beverly, Massachusetts wrongful death lawsuit to go to trial, but he claims that the attorneys for the city want the judge to dismiss the case through summary judgment.

There are procedures that police in Massachusetts must follow when making arrests, handling domestic violence or suicide calls, interrogating suspects, or conducting investigations. When negligence, failure to follow protocols, or excessive use of violence results in injury or death, the city police department and the officers involved could be held liable for personal injury, wrongful death, or police brutality.

Lawyer: Police can't find 911 tape, The Salem News, September 12, 2009

Police sued for $10 million over suicide of officer's daughter, Salem News, May 6, 2008

Related Web Resources:
Beverly Police Department

Wrongful Death, Massachusetts General Laws

The Associated Press says that a law enforcement officer has told them that the Los Angeles Coroner’s office has determined that Michael’s Jackson’s death was a homicide caused by a combination of drugs. By calling the singer’s death a homicide, this means that the pop star died as a result of another person. However, this doesn’t necessarily mean that the person committed a crime.

Results from forensic tests determined that propofol, a powerful anesthetic, and at least two sedatives, were in Jackson’s body when he suffered a fatal cardiac arrest on June 25. Dr. Conrad Murray, a cardiologist who was the singer’s personal physician in the weeks leading up to his death on June 25, administered the drugs to him.

Murray has been under investigation for manslaughter related to Jackson’s death. According to a search warrant affidavit that was unsealed yesterday, Murray had been giving Jackson 50 milligrams of propofol every night using an intravenous drip to treat his insomnia. He was worried, however, that Jackson was becoming addicted to the drug and had tried lowering his dosage to 25 milligrams while also giving him midazolam and lorazepam.

Early on June 25, Murray administered Valium to Jackson before giving him lorazepam and midazolam twice. The drugs didn’t work and Jackson demanded propofol, which finally helped him go to sleep. Soon after, the singer stopped breathing.

This latest news, which has not been officially confirmed, comes amidst reports that Michael’s mother, Katherine Jackson, is thinking about filing a wrongful death lawsuit. Murray and concert promoter AEG Live are two possible defendants. Jackson was preparing for a tour at the time of his death. There also may have been other doctors who enabled Jackson’s drug addiction.

Wrongful Death
A person or entity can be held liable for wrongful death even if the intention to inflict death did not exist and the person’s death was an accident. The surviving family members may still be able to pursue recovery for wrongful death if there is evidence to prove that the defendant’s negligence, recklessness, or carelessness contributed to the death.

Coroner Attributes Michael Jackson's Death to Sedative, The Washington Post, August 25, 2009

Michael Jackson’s mother considering wrongful death lawsuit!, Justice News Flash, August 20, 2009

Related Web Resources:
Propofol, Drugs.com

Michael Jackson is Dead, Los Angeles Times, June 25, 2009

Continue reading "Coroner Rules Michael Jackson’s Death a Homicide While The King of Pop's Mother Considers Filing Wrongful Death Lawsuit" »

A Gardner man who lost his wife when she was murdered by a construction worker at the fast food chain where she was employed has reached a Massachusetts wrongful death settlement over the case. The plaintiff and the defendants arrived at an agreement on August 4, while the Worcester Superior Court jury was in its second day of jury deliberations over a possible verdict.

Thomas Miller’s wife Sherylann Miller was stabbed to death in December 2000 at a KFC-Taco Bell that was under construction in Clinton. She was the manager of the restaurant.

The man who was convicted of her murder, Quillie Merle Spray III, was a tile setter who worked at the site. He has been sentenced to life in prison for Sherylann’s stabbing death.

In 2003, Thomas sued Spray, Spray's brother, and the construction company that employed them for his wife’s Clinton, Massachusetts wrongful death.

Massachusetts Wrongful Death Complaints Stemming from Violent Crimes
If someone you love died as a victim of a violent crime, there may be more than one party that you can sue for Boston wrongful death. For example, if your loved one was murdered on another party’s premise, there may have been more the property owner or supervisor could have done to prevent the crime from occurring, including (depending on the circumstances, the specifics, and the location of the crime, of course) installing an alarm system, security cameras, or better lighting, hiring a security guard, conducting employee background checks, or keeping people who shouldn’t be on the premise off the property.

The person that committed the crime can also be held liable in civil court. The civil court system is different from the criminal court system. Massachusetts's civil court system gives the family members of the victim the opportunity to present their complaint before a jury that then deliberates over whether the defendant(s) should pay the plaintiff(s) Massachusetts wrongful death compensation.

There also may be other parties, aside from the property owner and the attacker, who can be held liable. In the Massachusetts wrongful death case filed by Thomas Miller, the plaintiff sued the company that employed Spray for his wife's wrongful death.

Husband of Massachusetts Slaying Victim Settles Wrongful Death Suit, Claims Journal, August 7, 2009

Husband of slay victim settles wrongful death suit, Boston.com, August 6, 2009

Related Web Resource:
Wrongful Death, Justia

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

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

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

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

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

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

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

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

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

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

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

The Supreme Judicial Court has upheld the Massachusetts wrongful death award that a jury gave to the family of a Yarmouth man who died after the bus he was riding was hit by a large security gate arm. The tragic Foxborough, Massachusetts premises liability accident happened in 2003 as the bus was driving through an empty parking lot.

As wind struck a 300-pound metal parking gate that should have been secured, the gate swung open, crashing through the windshield and causing an 8-inch double shafted pole to strike 64-year-old Thomas Kelly. Five other people were injured in the tragic accident. One woman who was injured had to have one of her legs amputated below the knee.

Kelly broke his right leg and mangled his left leg in the accident. After undergoing multiple surgeries, he died several weeks later.

Kelly’s family sued Standard Parking, Apollo Security, and Foxboro Reality Associates for his wrongful death. In 2007, a Massachusetts jury held the defendants responsible for the unsecured gate and awarded Kelly’s widow $1.82 million and each of his two sons $1.4 million. With interest, medical expenses, and other costs, the family was awarded a little over $6 million.

Massachusetts’s highest court upheld the award even though the judge violated an order to prohibit jurors from talking about the case together before deliberation. The SJC determined that the error did not prejudice the plaintiffs.

Massachusetts Premises Liability Cases
Property owners and managers must make sure that there are no dangerous conditions on a Massachusetts premise that can lead to injuries, illness, or death. Failure to fulfill this duty of care could be grounds for a Boston, premises liability claim or a wrongful death lawsuit.

Mass. Court upholds $4.4M award in bus accident, Boston Herald, July 16, 2009

$6.1m awarded in stadium fatality, Boston.com, December 20, 2007

Related Web Resources:
Gillette Stadium

Premises Liability Overview, Justia

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" »

In Massachusetts, US District Judge William G. Young told the federal government that it must pay the family of Richard J. Castucci $6.25 for his wrongful death. Castucci, a Revere nightclub owner, was murdered in 1976 in a mob slaying organized by FBI Informants Stephen Flemmi and James Bulger. Bulger, is also known as “Whitey” Bulger and Flemmi has been called “The Rifleman.”

Young awarded Castucci’s widow $3 million for loss of financial and emotional support. Two of the murdered man’s children, Brian and Lisa, were each awarded $750,000. His two other children, Richard and Denise, are to each receive $500,000. The family received an additional $743,600 for the income that Castucci would have made if he hadn’t died, as well as $8,000 for funeral costs.

Flemmi, who is serving a life prison sentence, and John Martorano, a former hit man who became a government witness, provided details about Castucci’s murder. After Bulger and Flemmi discovered that Castucci was an informant, Martorano shot him in the head.

In 2008, US District Judge Reginald C. Lindsay issued a ruling holding the FBI responsible for Castucci’s murder because of the agency's negligent management of Flemmi and Bulger. Bulger continues to be one of the fugitives on the FBI’s Most Wanted list.

This is the third wrongful death complaint filed against the federal government involving their mishandling of the gangsters. All three lawsuits have resulted in outcomes that favored the plaintiffs.

In 2006, a judge ordered the FBI to pay Quincy fisherman John McIntyre’s brother and mother $3.1 million for his Massachusetts wrongful death. McIntyre was murdered in 1984. An appeals court upheld that award. Just last month, the government was ordered to pay the families of Michael Donahue and Edward Halloran almost $8.25 million for their murders.

Losing someone you love is hard. It can be especially devastating to know that they died because they were murdered. The criminal justice system can hold people accountable for their crimes, and you, too, may able to hold them accountable in civil court.

Judge awards $6.25 million to family in 1976 mob killing, Boston.com, June 11, 2009

Rat Pack pal’s kin seeks money in Whitey Bulger hit, Boston Herald, May 18, 2009

Related Web Resources:
James J. Bulger, FBI.Gov

Wrongful Death, General Laws of Massachusetts

In Massachusetts, the families of Boston firefighters Warren J. Payne and Paul J. Cahill have reached a $2.2 million Boston wrongful death settlement with defendants Tai Ho Mandarin and Cantonese restaurant, J& B Cleaning, and the restaurant’s landlord, Continental Realty LLC. The two men died in 2007 while trying to put out a fire at the restaurant. 12 other firefighters were sent to the hospital following the blaze.

The plaintiffs contended that the three companies knew or should have known that grease from the exhaust pipe in the restaurant kitchen had leaked into the ceiling. They claim that this caused the fireball that killed Cahill and Payne. While Payne died immediately, Cahill died from smoke inhalation.

Autopsy reports indicate that there were signs of cocaine in Payne’s system and alcohol in Cahill’s body. This information was given to the defendants before a Massachusetts wrongful death settlement was reached. The attorney for Continental Realty maintains that his client did nothing wrong.

J & B Cleaning had been hired to clean the stove, the area around it, and the floor under it. Massachusetts fire codes require restaurants to make sure that exhaust ducts are cleaned each quarter and all grease buildup is eliminated. While J & B cleaned the hood and the stove, a cleaning receipt shows that the company failed to clean the duct.

The two firefighters' families will share the Boston wrongful death settlement, with a portion of it to go to the city and another firefighter that got hurt in the blaze. Since the deadly West Roxbury blaze, Massachusetts and Boston have created tougher regulations that commercial kitchen grease cleaners have to follow. Boston cleaners now have to register with the Fire Department and pass a certification test before they can work in a city restaurant.

Boston workers that are injured or killed on the job are likely entitled to Massachusetts workers’ compensation benefits. They also may be entitled to Boston personal injury damages—or their families may be able to obtain Boston wrongful death compensation if a third party is found liable for causing the work accident.

Families get $2.2 million in BFD Tragedy, Boston Herald, June 6, 2009

2 firefighters die, 12 hurt in blaze, Boston.com, August 30, 2007

Related Web Resource:
Fire Department, City of Boston

Wrongful Death, The General Laws of Massachusetts

In Massachusetts, the family of Timothy DiLeo will receive $600,000 for his wrongful death from the city of Methuen. DiLeo died on Labor Day 2007 at Tenney Grammar School after a 1,600-pound iron gate fell on top of him. He was 11.

Two of DiLeos brothers and another boy were playing at the school when the gate fell on Timothy and his 8-year-old brother Andrew. Lifting the gate off the two boys required the strength of several men, including police officers and the boys’ father. Andrew, who survived the Massachusetts premises liability accident, sustained serious injuries. Brandon LaPorte, then 13, sustained minor leg injuries.

In September 2007, Essex County prosecutors ruled the tragic incident an accident and no criminal charges were filed. However, the city of Methuen has acknowledged liability for the Massachusetts wrongful death because it left the gate unhinged and unsecured in an area where children had access. The settlement figure is the maximum amount that the DiLeos can seek under Massachusetts law.

The city of Methuen is self-insured. This means that city councilors must approve the settlement and the “debt financing” that will go toward paying for it.

Boston Premises Liability
Any kind of unsafe condition on a Massachusetts property can be the basis for filing a Boston premises liability claim or a wrongful death lawsuit if someone gets hurt because the owner failed to and should have fixed or removed the hazardous condition on the premise.

Schools and other properties that kids frequent are responsible for making sure that any hazards on the premise are kept away from the children, who are not as astute as adults when it comes to knowing when they may be endangering themselves by playing too close to a faulty wire, climbing onto a high pile of boxes, or playing with defective tools or on top of dangerous machinery.

Family of child killed by falling gate settles lawsuit, Boston Herald, May 13, 2009

Methuen to pay $600K for iron gate death, The Eagle-Tribune, May 13, 2009

Related Web Resources:
Death of 11-Year Old Massachusetts Boy at a Methuen School in Gate Collapse Ruled Accidental, BostonInjuryLawyerBlog.com, September 4, 2007

Premises Liability Overview, Justia

City of Methuen, Massachusetts

US District Judge William G. Young is ordering the US government to pay the families of Edward “Brian” Halloran and Michael Donahue nearly $8.5 million for their Massachusetts wrongful deaths. The surviving family members of two men who were shot to death in Boston in 1982 by FBI informant James “White” Bulger.

Issuing his ruling on Friday, Judge Young accused the government of negligence, self-interested hubris, inattention, and corruption and, as a result, of causing the two men’s murders. The court had already found the FBI responsible for the men’s deaths because of the way it had managed Bulger and informant Stephen "The Rifleman" Flemmi.

Donahan, a truck driver, was an innocent bystander who just happened to be there when Bulger and another person decided to shoot Halloran. Flemmi has admitted under oath that it was ex-FBI agent John J. Conolly Jr. who informed him and Bulger that Halloran, who was also working with the FBI, had implicated them in the 1981 slaying of a Tulsa businessman.

Judge Young awarded Donahue’s widow and three sons $6.4 million for his wrongful death. He awarded Halloran’s widow over $2 million.

The US government has not decided whether it will appeal the wrongful death awards. This is the second judgment issued against the US government to the family members of people that Bulger has murdered. In 2006, a judge awarded $3.1 million to the mother and brother of Quincy fisherman John McIntyre for his murder because the FBI once again mismanaged informants Flemmi and Bulger.

Families of 'Whitey' Bulger victims win nearly $8.5m in suit, Boston.com, May 1, 2009

Families awarded $8.5m in mob case, Boston.com, May 2, 2009

Related Web Resources:
James J Bulger, FBI.gov

Stephen 'The Rifleman' Flemmi, Boston.com

Suing the Government for Negligence: The Federal Tort Claims Act, NOLO.com

Continue reading "Whitey Bulger Victims’ Families Awarded Nearly $8.5 Million for Their Massachusetts Wrongful Deaths" »

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

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

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

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

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

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

Examples of Paramedic Malpractice:

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

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

Related Web Resources:
Medical Malpractice Overview, Justia

UMass Memorial EMS

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

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

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

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

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

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

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

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

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

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

Dangers of Cheerleading, CBS News, April 22, 2004

The Massachusetts wrongful death lawyer of a woman whose husband and two sons were killed in a fire at an illegal apartment is seeking to attach the assets of landlords Jinny Xiu Ma and Andy Huang. The two property owners are the defendants of the $10 million wrongful death lawsuit filed on behalf of 27-year-old Terri Knight. Knight, who survived the fire, remains in intensive care in Boston. The blaze, which occurred on March 25, claimed the lives of Knight’s spouse, 37-year-old Oudah Frawi, and the couple’s sons, Ali, 1, and Hussein, 1 month.

The fire took place in the family’s basement apartment which, authorities say, was illegally constructed. The unit did not have a safe escape route, lacked smoke detectors, and the house the apartment was in was illegal wired with just four utility meters when in fact six meters were needed because there were six units in the building. The blaze broke out when a sofa in the apartment caught fire, emitting toxic, thick smoke. Knight's Massachusetts wrongful death lawsuit contends that the family’s apartment was negligently maintained, illegal, and lacked rudimentary protections.

Following the tragic deaths of Knight’s family members, Quincy fire officials began cracking down on illegal apartments. On Freeman Street, they evacuated basement apartments in two houses after discovering six illegal units. They say the code violations at these buildings were some of the worst they had ever seen.

Unfortunately, the increase in home foreclosures and the loss of jobs are causing illegal apartments to becoming an issue of growing concern in cities throughout Massachusetts, including Boston, Lynn, Chelsea, and Milford, with immigrants an easy target for landlords and tenants wanting to make a few bucks. Now, safety officials in different cities are cracking down on these illegal residences to avoid future tragedies such as the one experienced by Knight and her family.

Landlords can be held liable for Massachusetts premises liability if they create or fail to remedy a hazardous condition on a property or in a building that causes personal injury or wrongful death.

Hearing held in Quincy wrongful-death suit, Patriot Ledger, April 9, 2009

Risks grow with spread of illegal apartments, Boston.com, March 27, 2009

Related Web Resources:
Wrongful Death, The General Laws of Massachusetts

Premises Liability, Justia

The families of Brian and Beverly Mauck have notified the state of Massachusetts that it is going to be one of the defendants that will be sued for the couple’s wrongful deaths. The Maucks were shot to death on November 17, 2007 by convicted murderer Daniel J. Tavares, Jr.

Tavares, 42, had been released from prison four months before the Maucks’ murders. Tavares, who is mentally ill and has a drug addiction problem, had just finished a lengthy prison sentence for murdering his mother with a carving knife when he was set free. At the time, he was facing new assault charges and a prosecutor had warned that he might flee.

According to the families’ wrongful death attorneys, the state of Massachusetts failed in its duty to protect others from Tavares, who is an “incredibly severe danger.” The couple’s estates also plan to sue a number of Massachusetts public safety officials, as well as the Worcester district attorney’s office, the Department of Correction, Executive Office of Public Safety and Security, and the state police. The families are accusing the defendants of negligence in the way they handled Tavares’s release.

On July 16, 2007, a Massachusetts Superior Court judge waived Tavares’s bail before releasing him. Judge Kathy M. Tuttman released him without knowing that over 100 serious disciplinary complaints had been filed against him while he was serving his murder sentence. Tavares also had reportedly told prison mental health counselors that he was going to move to Washington state to meet a woman he had met through the Internet.

State Police tried to get permission to arrest him after finding out he had left for Washington State, but it took the Worcester district attorney’s office six weeks to respond to the arrest warrant request. The warrant that was finally issued was only applicable upon Tavares's return to New England.

A disciplinary committee had suggested he remain behind bars for another two years. Prison officials in Massachusetts have admitted that a bureaucratic mistake led to his release.

The Maucks, who were newlyweds, were Tavares's neighbors. Last year, Tavares reached a plea agreement with the state of Washington over two counts of aggravated murder. He chose to serve a life prison sentence over the death penalty.

Mass. faces wrongful death lawsuit, Boston.com, March 6, 2009

Survivors of Daniel Tavares slay victims to sue state agencies, Boston Herald.com, March 8, 2009

Tavares pleads guilty, gets life sentence for murder of Graham couple, Seattle Times, February 15, 2009

Related Web Resources:
Massachusetts Attorney General Martha Coakley

The District Attorney's Office of Worcester County

Massachusetts Department of Correction

Executive Office of Public Safety and Security, Mass.gov

A $350,000 wrongful death settlement has been reached between the federal government and the family of a US marine reserve corporal who was refused care at the Veterans Administration hospital in Leeds, Massachusetts. Marine Reserve Corporal Jeffrey Lucey hanged himself in June 2004.

According to his family, the 23-year-old soldier was drinking heavily, severely depressed, and having trouble sleeping after he returned from Iraq in 2004. He was treated at the Massachusetts VA hospital’s psychiatric ward.

Two days after Lucey was released from the medical facility, he tried to kill himself by crashing the family car. It was at this point that the VA hospital refused to readmit him. A nurse reportedly made this decision without having a psychiatrist evaluate Lucey. According to his parents’ wrongful death lawsuit, the VA wouldn’t treat Lucey for post-traumatic stress disorder because he needed to become sober first.

In the last few years, the US government has made changes to how VA facilities treat returning veterans. 100 adjustment counsels have joined 207 of the VA’s Vet Centers. 100 new medical center employees now work as advocates for those who have suffered serious injuries. The VA Office of the Inspector General has also said that sustained sobriety will no longer be a requirement for US veterans to receive inpatient treatment for PTSD.

Lucey's father, Kevin, has accused the government of killing his son by sending him into war and then denying him the “basic health care” he needed upon his return. There have been several wrongful death lawsuits filed against the US government alleging negligence that led to veterans killing themselves.

By agreeing to settle, the Assistant US Attorney in charge of the case says the VA is not admitting it was responsible for Lucey’s suicide.

Family of Iraq vet gets settlement after his suicide, Stars and Stripes, January 16, 2009

VA Settles Suicide Lawsuit, Military.com, January 15, 2009

Related Web Resources:
US Department of Veterans Affairs

The Federal Tort Claims Act (PDF)

In Salem Superior Court, a jury awarded the family of Priscilla Jardine $2 million for her wrongful death. Jardine died on February 26, 2004 soon after giving birth to a baby girl during an emergency cesarean section. The jury issued its Massachusetts wrongful death verdict after finding that Jardine’s obstetrician, Dr. Debra Gail Knee, acted negligently when she recommended that the 32-year-old then pregnant mother take the drug labetalol.

As a result of taking the drug, Jardine’s blood pressure fell to dangerous levels and decreased her unborn baby’s fetal heart rate so that it became undetectable. Soon after delivering her daughter, Jardine went to cardiac arrest and died. Knee’s lawyer says that his client did not issue the directive for Jardine to take the medication and that another doctor who made the call has acknowledged that it was exclusively on his order.

According to the wrongful death lawsuit, hospital staffers told Jardine’s family that labetalol was “safe.” Information from the drug’s manufacturer, however, warns that patients suffering from congestive heart failure should not take the medication. A nurse at Caritas Family Hospital followed orders and administered labetalol to Jardine even though the pregnant woman was exhibiting symptoms that her heart was failing.

Medication Errors
It is responsibility of each physician to make sure that they are prescribing the proper drug to a patient and that the drug does not cause any adverse or dangerous side effects. Recommending the wrong drug to a patient can be very dangerous and can lead to serious injuries, health complications, and even death. It can also be grounds for Massachusetts medical malpractice lawsuit.

Labetalol
Labetalol is used on patients with high blood pressure. The drug relaxes the arterial muscles and helps lower one's blood pressure. According to Medicine.net, it is unclear whether the drug is safe for use during pregnancy.

Jury awards $2M in wrongful death suit to family of Methuen woman, Eagle Tribune, January 23, 2009

Jury Awards Family $2M After Childbirth Death, The Boston Channel, January 23, 2009

Related Web Resources:

Labetalol, Medicine.net

Medication Errors Injure 1.5 Million People and Cost Billions of Dollars Annually, The National Academies

Investigators looking into the deadly accident involving a Boston Fire Department ladder truck driving through an intersection and ramming into a high-rise apartment building are examining the vehicle’s brakes. The focus on catastrophic brake failure as a possible cause for the fatal crash comes after reports from survivors that the fire truck’s driver frantically pumped on the brakes in an effort to stop Ladder 26 from flying down Parker Hill Avenue and crashing into the building that housed a computer learning center.

Four children that were working in the center at the time of the Boston truck accident suffered minor injuries and were taken to local hospitals. Fire Lieutenant Kevin M Kelley, who was riding in the fire truck’s front passenger seat, died immediately on impact. Two other firefighters in the backseat of the truck sustained minor injuries. Fire truck driver Robert Bernard O’Neill was released from Brigham & Women's Hospital on Saturday.

Boston Fire Commissioner Roderick Fraser has ordered an outside inspection of the brake systems on 44 Boston fire trucks, which were made by the same manufacturer. While officials are careful to caution that nothing has been found yet to indicate that brake failure was the cause of the crash, the fire truck’s maintenance records indicate that the vehicle has had brake problems in the past.

In 2006, the truck crashed into another building. Fortunately, no one was injured. Also, following a routine inspection in October, a faulty brake hose was replaced.

Video footage from security cameras at different apartment buildings on Parker Hill Avenue showed that the truck driver could have slowed the truck down by purposely driving into other motor vehicles that were parked on the street. However, this could have caused injuries to others.

Fire union officials have complained in the past about poor fire equipment maintenance, including inadequate truck maintenance. The Fire Department board of inquiry is also expected to conduct its own probe into the fire truck accident.
Crash survivors fault the brakes, Boston.com, January 11, 2009

Boston fire truck smashes into building; 1 dead, Associated Post, January 10, 2009

Related Web Resources:

Fire Department - City of Boston

Labor and Workforce Development, Massachusetts.gov

Continue reading "Deadly Boston Fire Truck Accident May Have Been Caused By Brake Failure, Says Survivors" »

In Massachusetts, the mother of 16-year-old Anthony McGrath is suing the town of Plymouth, former police chief Robert Pomeroy, and officers Edwin Almeida and Richard Tavares for his wrongful death. McGrath was shot by Almeida and Tavares following a high-speed motor vehicle pursuit on January 10, 2006. The officers were following McGrath because he was a suspect in a liquor store break-in. They fired 11 shots, and the teenager was struck by two of them.

Now, Denise McGrath is seeking unspecified monetary damages for police brutality. Her complaint cites unreasonable and deadly force without legal cause and contends that the two cops were not in any danger when they started shooting at McGrath.

Although Almeida and Tavares were responding to a possible break-in, one did not actually take place. McGrath, however, did not stop his vehicle when he saw that police were pursuing him, even after he drove into a wall.

Denise alleges that one of the fatal bullets struck McGrath in the back after his vehicle had driven past the police officers. By this time, they had left their police cars and were pursuing him on foot. She says her son was afraid of the police officers and was trying to return to his house, which was nearby. Denise says that Tavares and Almeida knew that the teenager was unarmed when they started firing at him.

She is seeking punitive and compensatory damages for McGrath’s wrongful death, including recovery for loss of future wages, protection, service, assistance, care, comfort, companionship, counsel, guidance, society, and advice. Her Massachusetts wrongful death lawsuit also contends that Pomeroy, who is now retired, did not train police officers in how to properly conduct police pursuits, protect people’s civil rights, apprehend suspects, fire weapons, and use deadly force.

An investigation into the incident cleared both Tavares and Almeida of any wrongdoing.

Police Brutality
Excessive use of force by any Massachusetts police officer is a violation of a person’s civil rights and can be grounds for a personal injury or wrongful death lawsuit.

Mom of teen shot by Plymouth police sues, Boston Herald, January 7, 2009

Teen’s mother sues police, town for son’s death, WickedLocal.com, January 6, 2009

Related Web Resources:
Police brutality cases on rise since 9/11, USA Today, December 18, 2007

Top 5 Police Brutality Videos, The Huffington Post, January 8, 2009

Two Massachusetts teenagers died in Middleborough on Thursday after the 18-year-old driver lost control of his car and struck a tree. Driver Joseph W. DeYoung and his 17-year-old passenger, Brian McMahon, died from their injuries. DeYoung had just earned his driver’s license on December 2.

Middleborough police says wet roads, driver inexperience, and speeding contributed to the fatal Massachusetts car crash, which occurred early in the morning on Purchase Street as the teens were headed to school. An initial investigation into the crash indicates that DeYoung lost control of the car. The two Middleborough high school teens were pronounced dead at the accident site.

NHTSA Young Driver Facts
- In 2006, there were 13 million young, licensed drivers, 15 – 20 years-of age, in the United States.
- In 2007, 6,982 young drivers were involved in deadly motor vehicle crashes.
- Motor vehicle accidents is the number one killer of people, ages 15 - 20.
- 3,174 drivers, ages 15-20, died in auto crashes last year.
- 252,000 were injured.
- 1,631,000 young drivers were involved in the 10,524,000 auto crash incidents that were reported to police.
31% of young drivers that died in traffic accidents last year had consumed alcohol.
-

In Massachusetts:
- 83 people died in Massachusetts motor vehicle crashes involving young drivers last year.
- 36 of the victims were young drivers operating one of the vehicles.
- 28 of the fatalities were occupants of vehicles driven by young drivers.
- 16 of the people that died were riding in other vehicles.
- 3 of the victims who died were not riding in any vehicles.

On their way to school, two teens die in crash, Boston.com, December 12, 2008

Young Drivers, 2007 Traffic Safety Facts, NHTSA

Related Web Resources:

A Comprehensive Approach to Teen Driver Safety

Statistics About Teen Drivers, Mass.gov

Continue reading "Two Middleborough Teens Killed in Massachusetts Car Accident" »

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" »

The widow of a worker who died after he was crushed by 2,500 pounds of granite has settled her Massachusetts wrongful death lawsuit with a company for $1.2 million. As part of the agreement, the name of the company that settled the lawsuit will remain confidential.

Valdecir Rodrigues died after a number of granite slabs fell on him, crushing his chest and suffocating him during a work accident on October 3, 2005.The 38-year-old died from his injuries.

Valdecir had been employed at ASI Industries, LLC when the accident occurred. Another company, Atlantic Stone Industries LLC, had retained a safety expert to train and oversee ASI’s workers but did not pay him. The two companies are no longer in business, but Elisabete Rodrigues received $675,000 in workers’ compensation benefits for her husband’s death.

The wrongful death settlement report says that ASI did not have any training manuals and failed to conduct safety meetings. The company also is accused of failing to put in place the proper safety mechanisms. Meantime, employees, who were not trained, were expected to show new workers how to do their jobs.

Prior to Valdecir’s death, the Occupational Safety and Health Administration had cited ASI for numerous health violations. Following his death, a federal investigation discovered 15 serious safety and health violations at ASI, including the improper training for how to work with granite slabs and the improper storage of the slabs.

Elisabete’s Massachusetts wrongful death lawyers say Valdecir’s death could have been prevented if proper regulations had been implemented. They say that unfortunately, many immigrants who are unfamiliar with their rights as workers are hired to do dangerous jobs.

Storing, Unloading, Handling, and Transporting Stone, Marble, and Granite Slabs
Working with granite, stone, or marble slabs can result in serious injuries or death, which is why it is important that the proper safety precautions are in place to minimize any dangers. Workers must also be trained on how to work with the heavy slabs.

Widow of worker killed by granite slab settles for $1.2 million, Metrowest Daily News, November 23, 2008

Hazards of Transporting, Unloading, Storing and Handling Granite,
Marble and Stone Slabs, OSHA

Related Web Resources:

Department of Industrial Accidents, Massachusetts.gov

Workers' Compensation, Justia

Continue reading "Marlborough Worker’s Widow to Receive $1.2 Million for Massachusetts Wrongful Death " »

The attorney for the family of Jdimytai Damour, a seasonal Wal-Mart maintenance employee who died after being trampled by shoppers that were scrambling to enter the store during last week’s Black Friday sale, says that Wal-Mart Stores Inc. could have done more to prevent the 34-year-old’s death. Damour died of positional asphyxia, which means the position that his body was in prevented him from breathing.

The catastrophic work accident happened at about 5am, as some 2,000 shoppers broke the glass door and stampeded into the Wal-Mart store so they could avail of huge (but limited) discounts on computers, electronics, and other items. The United Food and Commercial Workers Union Local 1500 is calling for a full investigation into the incident. It also wants Wal-Mart to take action so that such a deadly accident never happens in one of its stores again. Already, Fritz and Jonathan Mesadieu are suing Wal-Mart for injuries they sustained during the shopping frenzy at the same store where Damour was trampled.

The Mesadieus' lawsuit is not the first time the retail chain has been sued for personal injury. In 2003, a female shopper filed a lawsuit after she was injured at a Wal-Mart when two other shoppers grabbed her neck and pushed her after she tried cutting in line. In 1999, five customers sued Wal-Mart because they claim that other shoppers who were scrambling for Furby dolls had injured them.

Wal-Mart insists that it put in place numerous safety precautions at the store where Damou died during last week’s post-Thanksgiving sale, including setting up barricades and making sure there were internal and external security teams present. The wrongful death lawyer for Damou’s three sisters, however, disputes these claims and says the Wal-Mart store did not have enough security personnel onsite who were properly trained.

Whether or not Damou’s family will qualify for death benefits under workers’ compensation law or are able to file a wrongful death lawsuit against Wal-Mart will depend on whether or not Damou, hired from a temporary work agency, is considered a company employee. The family is also considering whether to file third party lawsuits. Some people are critcizing local police for their failure to prevent the deadly work accident. Nassau County police, however, say that providing security at the Wal-Mart store was not their responsibility.

Wal-Mart Assailed on Death, The Wall Street Journal, December 2, 2008

Wal-Mart death preventable, union says, CNN, November 30, 2008

Related Web Resources:

Workers' Compensation, Justia

Continue reading "Wal-Mart Employee Trampled During Black Friday Shopping Sale Died From Positional Asphyxia " »

In Boston, Massachusetts, a Suffolk Superior Court jury awarded the family of Amy Altman $13.5 million for her wrongful death. Altman died in July 2003 after undergoing a cycle of experimental chemotherapy to treat her cancer.

The 40-year-old mother of two young girls, who sought treatment at the Dana-Farber Cancer Institute, was receiving chemotherapy for Ewing’s sarcoma once every two weeks instead of the standard treatment of once every three weeks. According to the family’s Massachusetts wrongful death lawyer, the protocol had never been tried on another adult prior to Altman. However, she agreed to the treatment based on the recommendations of the Dana-Farber oncologists. He pointed out that while Altman was aware of the side effects, she did not know how dangerous they could be for her.

Altman developed diarrhea two months into the treatment and, according to the family’s attorney, two Dana-Farber oncologists that consulted with her dismissed the diarrhea as a natural side effect. Soon after, Altman began having problems urinating and started experiencing severe pain in her abdomen.

She died soon after doctors at Brigham and Women’s Hospital began treating her for a flesh-eating bacterial infection that caused her diarrhea. According to autopsy results, Altman’s cancer was cured before she died.

The Boston jury ruled that her death could have been prevented if the doctors at the institute had investigated the actual cause of her chronic diarrhea. The defendants in the case included Dr. Jeffrey Morgan and Dr. Suzanne George, the Dana-Farber oncologists that examined Altman’s diarrhea. The Massachusetts jury awarded Altman’s family $9.4 million plus interest for her wrongful death.

Dana-Farber Cancer Institute officials say they disagree with the medical malpractice verdict.

Family of Dana-Farber cancer patient gets $13.5M, Boston Herald, November 6, 2008

Family Gets $13 Million for Woman's Experimental Cancer Drug Death, Fox, November 6, 2008

Related Web Resources:

Dana-Farber Cancer Institute

National Cancer Institute

In Massachusetts, the 59-year old crossing guard who was struck by a car as she helped a 10-year-old across a Dorchester street has died. Marie Conley passed away one week after the October 21 pedestrian accident that took place outside Mathers Elementary School.

The pedestrian accident took place in the morning. According to Boston police, Conley was using her reflective vest and had signaled that traffic should stop when she was hit by a car, driven by senior driver Anis G. Gazeau, as she walked into the crosswalk. Following the accident, Conley was rushed to Boston Medical Center with serious head injuries.

Boston Police are working with the Suffolk District Attorney’s Office to charge motorist Gazeau with motor vehicle homicide by negligent operation. The 86-year-old driver has already been cited for failure to yield to a pedestrian and negligent operation of a motor vehicle. Witnesses say his car drove through the crosswalk at a speed of around 20 mph.

In an interview with the Boston Globe, Gazeau said he was not at fault and did not cause the deadly pedestrian accident. He says he never saw Conley step in front of his car. He also claims that the crossing guard walked backward into his car as she watched the kids on the sidewalk. Investigators tested his car brakes at the October 21 crash scene and found that they were working properly.

Gazeau has a number of driving infractions on his record. He was involved in another pedestrian accident in 2002. Police cited him then for failing to yield.

Conley is a grandmother and the mother of four children who spent eight years working as a school traffic supervisor. She helped young kids cross the street to and from school and, when necessary, stayed at work after her shift was over to keep kids company while they waited for their parents.

Crossing guard struck by car dies, Boston.com, October 30, 2006

Crossing Guard Struck By Car Dies Of Injuries, WBZ, October 29, 2008

Crossing Guard Hit, Injured Outside School, The Boston Channel, October 21, 2008

Related Web Resource:

Adult School Crossing Guard Guidelines, SRTS Guide

Continue reading "Dorchester Crossing Guard Struck by Car in Massachusetts Traffic Accident Dies From Her Injuries" »

In Westfield, a mother and her nine-year-old son died on Halloween Night when they were struck by a car while trick-or-treating. Roberta A. Salois, 47, and Steven X. Smith-Salois were crossing the street when the deadly Massachusetts motor vehicle crash happened on South Maple Street, which is also called Route 202.

Steven was wearing a Batman costume that night. After the accident, he was taken to Baystate Medical Center in Springfield where he was pronounced dead. Roberta was pronounced dead at Noble Hospital.

The driver of the 2005 Toyota that struck Roberta and Steven is 25-year-old Westfield resident Anne R. Schlichtig. She was not injured in the traffic accident, and no charges have been filed against her. Westfield police, however, are continuing to investigate the deadly crash.

According to witnesses that saw the accident scene, the street was littered with candy and Steven’s shoes, which had come off during the pedestrian accident. One neighbor says that traffic was moving rapidly on South Maple Street that Friday night.

According to the National Highway Traffic Safety Administration:

• Out of the 4,654 pedestrian deaths last year, 306 of these fatalities were children, age 14 and under.
• 187 of these kids were boys.
• 18% of the kids belonging to this age range that died in traffic deaths were pedestrians.
• 14,000 of the 70,000 pedestrians that sustained injuries last year were age 14 or younger.
• 8,000 of the kids in this age range who got hurt were boys.
• 80% of children pedestrian deaths occurred at non-intersections.

Driver Kills Mother, Son, Out for Halloween, Boston.com, November 2, 2008

Family, friends in grief after Halloween tragedy, Boston.com, November 2, 2008

Related Web Resources:

2007 Traffic Safety Facts: Children, NHTSA

Pedestrian and Bicycle Information Center

Continue reading "Mother and 9-Year-old Son Die in Massachusetts Motor Vehicle Accident While Trick-or-Treating" »

Massachusetts state troopers are investigating the circumstances surrounding the accidental shooting death of 8-year-old Christopher Bizilj at a gun show in Hampden County over the weekend. Bizilj was attending the Machine Gun Shoot and Firearms Expo, an annual event at the Westfield Sportsman’s Club, when he accidentally shot himself in the head with a 9mm micro submachine gun.

A certified instructor was supervising the boy when the tragic accident happened. Christopher’s older brother and dad were also with him. According to police, Christopher lost control of the weapon during the recoil. It was the first time the 8-year-old had shot a fully automatic machine gun.

In Massachusetts, it is legal for a child to fire a gun if he or she has parental or guardian consent and is supervised by a certified instructor. Hampden County District Attorney William Bennett however, has said that he hasn’t found any law that would let a young child own or shoot a machine gun. He is trying to find out whether letting Christopher fire the gun violated Massachusetts’s firearms statute.

State troopers have started interviewing people associated with the shooting to see if anyone acted wantonly and recklessly, allowing the tragic accident to happen. An attorney for the Brady Campaign to Prevent Gun Violence believes that Massachusetts law makes it illegal to provide a machine gun to anyone under 18.

Christopher will be buried during a private ceremony tomorrow.

State probes gun death, BostonHerald.com, October 29, 2008

DA: Criminal charges possible in boy’s Uzi death, BostonHerald.com

Related Web Resources:

Chapter 140, General Laws of Massachusetts

‘Micro Uzi’ fires 1,700 per minute, Boston Herald, October 28, 2008

Premises Liability and Wrongful Death
If your loved one was killed at an event on a public or private premise because of what you believe may have been the responsible party’s negligent or careless actions, you and your family may be able to file a Massachusetts wrongful death claim against all negligent parties.

Premise owners and event supervisors are supposed to make sure that there are no dangerous conditions on a premise that could cause injury or harm to visitors. In the event that there are dangerous conditions on a premise, safety precautions must be put in place and patrons must be made aware that the hazards exist. Otherwise, an injured party may have grounds to file a premises liability lawsuit.

Continue reading "8-Year-old Boy Dies After Accidentally Shooting Himself with Machine Gun at Massachusetts Gun Show" »

A Medford mother is suing East Elite Cheer Gym for her daughter’s 2005 wrongful death. Ashley Burns, then 14, died from a lacerated spleen after she fell during a routine cheerleading stunt at the gym.

Ashley was taking cheerleading lessons at the gym, along with other members of the Medford High School cheerleading team when the accident happened. According to Ruth Burns’s Massachusetts wrongful death lawsuit, filed in Middlesex Superior Court, her daughter fell while attempting to perform a double twist dismount while being “popped up” by two other cheerleaders.

Ashley was Ruth’s only child. Ruth says that she continues to take medication and is unable to work because of Ashley’s death.

Also named as defendants in the wrongful death lawsuit are the American Association of Cheerleading Coaches and Administrators and the US All Star Federation for Cheer and Dance Teams. Ruth Burns says she hopes her daughter’s death and the wrongful death lawsuit will result in new nationwide cheerleading safety standards that will prevent more injuries and deaths. Her Medford wrongful death lawyer accused the cheerleading industry of placing the lives of cheerleaders at risk for profit.

Sporting Accidents
If you or someone you love was injured in a sporting accident because the trainer, coach, or supervisor failed to provide proper supervision or implement the proper safety measures, you and your family may be able to file a Massachusetts personal injury lawsuit against all negligent parties to obtain compensation.

Common sporting injuries include:

• Head injuries
• Traumatic brain injuries
• Broken bones
• Knee injuries
• Sprains
• Strains
• Fractures

Ruptured Spleen
A ruptured spleen can occur when there is a blow to the left lower chest or upper abdomen. Common causes of ruptured spleens include physical assaults, motor vehicle crashes, and sporting accidents. A ruptured spleen can be fatal if the patient experiences life-threatening bleeding as a result of the injury.

Massachusetts Woman Sues Over Daughter's Cheerleading Death, Fox News, October 21, 2008

Mom files lawsuit in cheerleader’s ’05 death, Boston Herald, October 21, 2008

Related Web Resources:

American Association of Cheerleading Coaches and Administrators

US All Star Federation for Cheer and Dance Teams

Last week, the 1st U.S. Circuit Court of Appeals upheld a $3.1 million award against the US government for the wrongful death of a Massachusetts fisherman who was murdered in Boston by Winter Hill gang leaders Stephen Flemmi and James “Whitey” Bulger after an FBI agent leaked information to them. John McIntyre was murdered in 1984.

The US government has argued that ex-FBI agent John Connolly was a “rogue” agent who acted outside the scope of his job when he ignored the criminal activities of Bulger and Flemmi, who were his informants. The 1st Circuit Court, however, says that even though Connolly’s actions were illegal and went against FBI policy, they did fall within the scope of his job because the government allowed what it knew (or should have known) was going on for “the greater good of bringing down La Cosa Nostra.”

The court said that McIntyre’s wrongful death occurred because of the FBI’s attitude. McIntyre, also a government informant, was tortured to death after Connolly told the two gang leaders that the fisherman was going to implicate them over their involvement in an Irish Republican Army arms-smuggling ring.

Flemmi, who is serving a life sentence after pleading guilty to 10 murders, acknowledges that after Connolly gave him the information, he convinced McIntyre to go to a house in South Boston, where the 32-year-old was interrogated and murdered. Connolly is currently on trial for the murder and conspiracy to commit murder related to the 1982 death of business consultant John B. Callahan, whose slaying was also an alleged Bulger-orchestrated hit.

In 2006, the FBI was ordered to pay McIntyre’s mom, 80-year-old Quincy resident Emily McIntyre, $3.1 million.

Wrongful Death
A wrongful death is when someone dies because another party engaged in an act that was negligent, careless, or reckless. In Massachusetts, family members can file a wrongful death claim or lawsuit in order to recover compensation for their loved one's death.

Court upholds $3.1M judgement for mom of Whitey Bulger victim, BostonHerald.com, October 17, 2008

Court upholds decision, US liable in killing, Boston.com, October 17, 2008

Related Web Resources:

The myths of 'Whitey' Bulger, Boston.com, July 19, 1998

The Attorney General's Guidelines Regarding the Use of Confidential Informants, USDoj.gov

Bulger's ex-girlfriend testifies in Connolly trial, Boston.com, October 17, 2008

In Massachusetts, a wrongful death lawsuit filed in Plymouth County Superior Court alleges that the doctors of the woman who accidentally drove her car into Brockton Hospital last year are also responsible for her husband's wrongful death. Kathleen Vasa is suing Compass Medical, Dr. George Clairmont, Dr. Michelle Beaupre, Dr. Ersan Yalcin, and Dr. Jonathan Ellis for the death of her husband, Dr. Mark Vasa.

Vasa and another victim were killed last year after the vehicle driven by patient Jane Berghold crashed into the hospital. Berghold was a breast cancer patient who was being treated at the hospital.

Local police say the 77-year-old woman stepped on the gas pedal when she meant to step on the brake while parking her car. Instead of stopping her car, she drove her vehicle through the hospital’s radiation department. Vasa was the chief of radiation therapy at the hospital.

Berghold has since pleaded guilty to two counts of homicide by negligent operation of a motor vehicle and one count of negligent operation of a motor vehicle. She was sentenced to 18 months probation. She has also settled Kathleen Vasa's wrongful death claim against her.

Kathleen’s lawsuit against Compass Medical contends that Berghold had told doctors that she was experiencing dizzy spells when driving. The lawsuit accuses the doctors of negligence because of their alleged failure to warn Berghold that she shouldn’t drive while taking the powerful medications she had been prescribed. The elderly woman was receiving treatment at Compass Medical for diabetes, hypertension, and other ailments.

Kathleen Vasa is seeking unspecified punitive damages for negligence and wrongful death.

Abington doctors sued in fatal hospital crash, PatriotLedger.com, October 9, 2008

Suit Claims Hospital Crash Driver Had Dizzy Spells, WBZTV.com, October 9, 2008

Related Web Resources:
Widow sues driver in hospital crash, Boston.com, November 1, 2008

Car crashes into door at Brockton Hospital, Boston.com, October 16, 2007

Compass Medical, PC

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

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

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

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

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

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

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

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

Related Web Resources:

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

Great White, Mistabone.com

The Massachusetts family of Visar Luzha, a 19-year-old teenager who died in a chimney collapse accident at a party in 2005, is suing the party host for wrongful death. The plaintiffs, who are seeking $3 million in damages on behalf of Luzha’s estate, filed their lawsuit in Salem Superior Court in August.

The fatal freak accident occurred at a house party in Beverly on August 19, 2005. Luzha, an immigrant from Kosovo, was sitting in a hammock that was hanging between a chimney and a tree. The chimney gave way, causing cinder blocks to fall onto Luzha and hit him on the head. He died from his injuries.

The lawsuit contends that Rachel Halupowki invited people to the home but did not obtain permission from the property owners to have the party guests over. The plaintiff says that Halupowski, now 21, had a duty to protect her guests and she failed in that duty when she did not warn Luzha that it might not be safe to sit in the hammock.

Luzha’s family is seeking compensatory and punitive damages for pain and suffering, wrongful death, and gross negligence.

Who can file a claim for wrongful death in Massachusetts:

• Husband or wife
• Children
• If there is no spouse or children, then next of kin are entitled to wrongful death recovery

Property owners and those overseeing a property or event are required to ensure that there are no unsafe conditions on a premise that can cause serious injury or death. They can be held liable for premises liability or wrongful death if someone is injured or killed on the premise and they knew (or should have known) that the unsafe condition existed and did nothing to repair, remedy, or remove the hazard.

$3M lawsuit filed over teen's death, SalemNews.com, August 9, 2008

Victim of hammock accident mourned, Boston.com, August 22, 2005

Related Web Resource:

Massachusetts, Summary of State Wrongful Death and Intestacy Statutes

This month, the National Highway Traffic Safety Administration released its 2007 Annual Assessment of Motor Vehicle Traffic Crash Fatalities and People Injured data. Statistics for last year indicate a 3.9% percent decrease in traffic accident fatalities between 2006 and 2007.

Overall traffic accident deaths for 2007 was 41,059, down from 42,708 in 2006, with injuries also decreasing from 2,575,000 in 2006 to 2,491,000 in 2007.

Other 2007 US Traffic Facts:

Passenger vehicle deaths: 28,933
Injuries: 2,221,000

Motorcycle deaths: 5,154
Injuries: 103,000

Pedestrian Deaths: 4,654
Injuries: 70,000

Bicyclist Deaths: 698
Injuries: 43,000

Large Truck Occupant Deaths: 802

The NHTSA also provided 2007 traffic accident statistics for the state of Massachusetts: 417 deaths.

According to US Transportation Secretary Mary E. Peters, the decline in total motor vehicle deaths can be attributed to more aggressive law enforcement measures at both the state and federal levels, as well as the manufacturing of safer motor vehicles.

Read the Summary of the 2007 Annual Assessment of Motor Vehicle Traffic Crash Fatalities and People Injured (PDF)

Related Web Resources:

Massachusetts Highway Department

National Highway Traffic Safety Administration

Continue reading "NHTSA Releases 2007 Traffic Accident Statistics" »

In Chelmsford, Massachusetts, a multi-vehicle crash involving a tractor-trailer, a car, and a pickup truck on Interstate 495 today left one person dead. The traffic accident occurred when a Dodge Intrepid hit a Kenworth tractor-trailer.

The tractor-trailer driver then lost control of his truck, which crossed the median before hitting a Chevrolet Silverado pickup truck in a head-on collision. The driver of the pickup truck, Charles Butzer, died in the crash. Jody Anderson, the tractor-trailer driver, was treated for minor injuries at Lowell General Hospital.

Police are conducting an investigation to determine the cause of the crash. They say that thunderstorms may have contributed in causing the fatal auto collision.

With Massachusetts traffic accidents involving multiple parties, it is important to work with a Boston motor vehicle crash lawyer that has the resources and connections to work with experienced accident reconstructionist experts that can examine the vehicles involved and the accident scene to determine what caused the crash. There may be more than one party that can be held liable for injuries or wrongful death.

If someone you love has died because of a negligent driver or another liable party, Massachusetts’s wrongful death law allows you to sue for wrongful death.

1 Dead In Pickup, Tractor-Trailer Crash, WCBV.com, July 24, 2008

Related Web Resource:

Massachusetts Wrongful Death Law

Continue reading "One Fatality in Massachusetts Crash Involving Tractor-Trailer, Car, and Pickup Truck in Chelmsford" »

On Wednesday, the Massachusetts Supreme Court issued a ruling that doctors can be held liable for medical malpractice if they do anything to lessen a patient’s chance of survival. The ruling upholds the “loss of chance” doctrine that holds medical professionals liable even if a patient’s recovery odds were already less than 50%.

While the ruling should allow certain malpractice victims to increase their chances of obtaining compensation from the liable parties, the state’s highest court was careful to emphasize that their decision only applied to claims where medical negligence/malpractice had decreased the victim’s recovery chances.

The ruling comes from the appeal of a case in which a jury ruled that a doctor’s negligence had prevented a plaintiff from having a less than even chance of surviving gastric cancer. Kimiyoshi Matsuyama reportedly told his doctor several times, over the course of several years, that he was experiencing stomach pains. His physician, however, did not order diagnostic tests until 1999. Matsuyama died five months after he received his diagnosis.

In Massachusetts, a jury awarded Matsuyama’s estate $160,000 for pain and suffering. They awarded his family $328,125 for loss of chance.

The defendants appealed the case saying the Massachusetts wrongful death statute does not take into account loss of chance. The Massachusetts Supreme Court, however, agreed with the jury.

Doctors, nurses, and other health care providers are supposed to provide patients with a certain level of care. When failure to provide that level of care causes injury or death, the victims or their families are entitled to file a medical malpractice claim or lawsuit against all liable parties. Wrong diagnosis, failure to diagnose, and delayed diagnosis are three kinds of medical malpractice that can cause a patient to have to undergo more invasive procedures to recover, become more ill, or die.

Mass. high court rules in patient survival case, Boston.com, July 23, 2008

Mass. High Court: Doctors Liable for Patient's Lessened Chance of Survival, Insurance Journal, July 24, 2008

Related Web Resources:

Massachusetts Bar Association

Massachusetts Supreme Judicial Court

Massachusetts Wrongful Death Statute

In Massachusetts, Michael Faria, the man charged in connection with a fatal hit and run accident in Easton on Saturday may have been text-messaging when the accident occurred.

According to a Bristol County prosecutor, Faria told a friend that he was texting on his cell phone when his car struck John McCarthy. The 58-year-old pedestrian had been walking close to Washington Street when he was struck.

Prosecutor Jessica Lennon says that Faria’s failure to call for help may have been the cause of McCarthy’s death—who may have survived the accident if he had received medical help sooner. Another motorist contacted 911 about 25 minutes after the accident happened.

McCarthy was wearing a reflective vest when the accident happened. Easton police believe that he was on the shoulder of the road when Faria allegedly struck him. While no one witnessed the accident, police found a small fragment from what was the wheel well of a black Infinity SUV.

Easton police publicized the information, and they received an anonymous phone call on Monday that eventually led them to Faria, who turned himself in after several hours of negotiations over the phone.

Faria pleaded not guilty to homicide by motor vehicle, leaving the scene of the accident, and operating to endanger.

Driver negligence and inattention are common causes of catastrophic injury accidents to pedestrians and other motorists. All motorists are required to exercise a reasonable duty of care when behind the wheel. When failure to fulfill this care leads to serious injury or death, a driver can be held liable for personal injury or wrongful death.

Examples of motorist negligence:

• Failure to obey traffic signs or laws
• Drunk driving
• Speeding
• Failure to exercise caution on the road
• Text messaging or talking on the cell phone while driving
• Reckless driving
• Hit and run
• Leaving the accident scene

Prosecutor: Hit-and-run defendant was text-messaging, Boston.com, July 16, 2008

Fatal hit-run puts scrutiny on texting, BostonHerald.com, July 17, 2008

Related Web Resources:

Outlawing Text Messaging While Driving, US News and World Report, February 11, 2008

The Tragedy of Fatal Hit and Run Accidents on America's Deadly Roads, Deadly Roads.com

Continue reading "Massachusetts Man that Struck Pedestrian in Hit-and-Run Accident May Have Been Text Messaging" »

In Massachusetts, the widow of Paul Cahill, one of two Boston firefighters who died while battling a fire at Tai Ho Restaurant last year, is suing the Chinese restaurant for his death and citing premises liability. Also named in the wrongful death lawsuit are the owner of the building and J & B Cleaning.

Plaintiff Anne Cahill alleges that the companies either knew or should have known that grease-build up in a kitchen exhaust pipe could pose a potential fire risk, which could have been prevented. The grease fumes are believed to have caused a fireball on August 29, 2007, killlng Cahill and firefighter Warren Payne and sending 12 other firefighters to local hospitals.

It was an hour after the fire had ignited before firefighters were called to the scene. Fire officials say that there was grease and toxic fumes in an 8-inch space of the restaurant’s ceiling.

J & B Cleaning was contracted to clean the hood cover, stove area, roof fans, and the floor beneath the stove. A company spokesperson says that prior to the fire, the company had last cleaned the areas on June 21 and that the next cleaning was scheduled for September.

The city of Boston was barraged by criticism after the tragic accident because Tai Ho Restaurant had been eight months overdue for an inspection when the fire happened. Six other businesses suffered property damage from the blaze, including the Continental Shoppe, Ferns By Sheila Cobb , and L’Essence Art Gallery.

Although you cannot sue your employer if you were injured on the job, there may be third parties that can be held responsible for your injury accident. If your loved one died in a work accident, you are eligible for death benefits under Massachusetts’ workers’ compensation law.

Property owners and managers must make sure that a premise is safe from hazards that can cause serious injury or death to patrons, residents, visitors, customers, or workers. Failure to exercise this duty of care can lead to personal injury or wrongful death claims if someone is injured or killed as a result.

Firefighter’s widow files lawsuit, Wicked Local, June 13, 2008

Premises Liability, Justia

Related Web Resource:

Workers' Compensation Insurance

Continue reading "Boston Firefighter’s Widow Sues Chinese Restaurant for Wrongful Death in Massachusetts" »

The estate of Danielle Tarsook, the daughter of a Beverly, Massachusetts retired police officer, is suing three Beverly cops for $10 million. They are accused of failing to stop her suicide. The wrongful death lawsuit was filed in Boston in federal court last month.

The lawsuit alleges that on May 18, 2005, Capt. John DiVincenzo and Detectives Richard Ganey and David Richardson breached procedures and engaged in acts of omission when they responded to a 911 call from Danielle’s boyfriend, who reported that she was threatening to commit suicide.

The three men picked up Danielle and drove her to Beverly Hospital. They then turned Danielle her over to her father, then-Sgt. Dennis Tarsook, in the Beverly Hospital parking lot instead of taking her directly to the hospital the way they should have. Danielle, 19, committed suicide in her apartment later that day.

While under Massachusetts wrongful death law, Dennis stands to recover compensation from the suit, his ex-wife and Danielle’s mother, Beverly, says that he is also liable for their daughter’s death because he did not get Danielle the medical care she needed before she killed herself.

Police are not allowed to interfere in incidents involving family member. This policy was implemented in 2004, after a police officer responded to a 911 call involving his son in a domestic dispute. His son killed his girlfriend and committed suicide three days later. The city of Beverly, who employed the three cops, is also a defendant in the lawsuit.

You have three years from the date of the wrongful death to file a lawsuit.

Police sued for $10 million over suicide of officer's daughter, Salem News, May 6, 2008

Police may face $10m suicide lawsuit, Wickedlocal.com, May 5, 2007

Related Web Resource:

Beverly Police Dept.

The Occupational Safety and Hazard Administration says that the owners of the Salem Harbor Power Station failed to protect three workers that died when a faulty boiler ruptured at the plant on November 6, 2007. Following its investigation into the deadly work accident, OSHA says that it found 10 serious safety violations at the plant, owned by Dominion Energy New England, including a failure to enter or inspect the area where the blast occurred for the past several years.

Engineer Phillip Robinson, rookie Mathew Indeglia, and mechanic Mark Mansfield were killed when the Unit 3 boiler tubes broke—enveloping them in steam with a temperature that was close to 600 degrees.

Dominion Energy New England officials say they will dispute the claim that they failed to protect the company’s employees from getting hurt or killed on the job. A Dominion official says that an inspection found that the cause of the boiler explosion was an undetectable defect in an old weld that joined two pipe pieces.

OSHA has ordered Dominion to pay $46,800 in safety violations, and more fines may be pending. The company says that the majority of the violations have been remedied.

OSHA says that is essential that Dominion identify and eliminate any dangers to workers and take the necessary steps (including conduct proper maintenance and inspections), to prevent future leaks.

Other fines that may be pending include $4,500 for improperly storing compressed gases in cylinders and $6,300 for failing to inspect the "dead air space" area of the coal-fired boiler that ruptured.

The surviving family members of the victims are considering filing a Massachusetts wrongful death lawsuit against Dominion.

OSHA finds Salem plant failed to protect men who died, Boston.com, May 15, 2008

Salem Harbor Resumes Operation After 2007 Plant Catastrophe, an Industrial Info News Alert, Marketwire.com, April 25, 2008

Workers In Salem Plant Explosion Die From Injuries, WBZTV.com, November 7, 2007

Occupational Safety and Health Administration

Continue reading "OSHA Says Owners of Salem Harbor Power Station in Massachusetts Did Not Protect Workers that Died in 2007 Boiler Blast" »

The Second District Court of Appeal in Los Angeles has reduced the $30 million wrongful death judgment against actor Robert Blake to $15 million. Blake,74, had lost the wrongful death lawsuit filed by the estate of his murdered wife Bonny Lee Bakley, but filed an appeal.

Blake said that the jury that awarded the judgment had engaged in misconduct and that the court made procedural mistakes. The appeals court, however, said that it did not find any evidence of jury misconduct or that the trial court had made errors. It did, however, find that the $30 million award was “excessive” and cut the judgment in half.

If Bakley’s estate does not agree to the new award amount, there will be a new trial to determine wrongful death damages.

Blake was tried for Bakley’s 2001 shooting death, which took place outside Vitello’s, a restaurant that she and Blake frequented. The two of them have a daughter named Rose, now 8.

Blake said that he left his wife in the car while he went back to the restaurant to get his gun that he left at the restaurant table. Blake said that he carried a gun with him and had hired a bodyguard to protect Bakley, who he thought was being followed.

Blake says he returned to the car and found his wife had been shot. She was pronounced dead upon arrival at a nearby hospital. Blake was arrested and charged with her murder nearly one year after her death.

One of Blake’s more famous roles as an actor was the television detective named Barretta on the television show with the same name. He has been acquitted of all criminal charges.

If someone you love has died because of the negligent, reckless, or criminal actions of another party, you may be able to sue for wrongful death damages. Financial recovery could include compensation for pain and suffering, loss, future financial support, medical and funeral costs, and other related-damages.

Court cuts Robert Blake's wrongful death judgment, Reuters, April 26, 2008

Actor Blake Appeals Wrongful Death, ABCNews.com

Related Web Resources:

Robert Blake Timeline, People/CNN

Nancy Magee, a Whitman, Massachusetts woman, is suing pet store chain PetSmart for the death of her husband. Her wrongful lawsuit, filed in federal court in Boston, alleges that Thomas Magee and two other people became infected with a rodent virus during their transplant surgeries. All three people had received their organs from the same woman, who is believed to have contracted the virus from her pet hamster, which she had purchased at a PetSmart in Warwick, Rhode Island.

Thomas Magee, 54, underwent a successful liver transplant surgery at Massachusetts General Hospital on April 10, 2005. The hospital delayed his release after he developed high blood pressure and a fever. On May 5, his wife Nancy was notified that he would need another kidney and liver transplant. Thomas died on May 7, 2005.

Later that month, the Rhode Island Health Department announced that Magee, and two other transplant patients—a double lung recipient from Massachusetts and a kidney transplant patient in Rhode Island—had died after becoming infected with the rodent virus.

Magee’s cause of death is listed as lymphocytic choriomeningitis. The virus is found in hamsters, mice, and other rodents. Symptoms are usually not fatal unless the person with the infection already has a compromised immune system.

Humans can contract the virus if they come into contact with the rodent’s saliva, fecal droppings, nesting materials, or urine—especially if the materials come into direct contact with a person’s nose, broken skin, eyes, or mouth. A rodent bite can also transmit the virus. The CDC says that it cannot be transferred between humans—although organ transplantation is now being investigated as a means of getting the virus.

Nancy Magee says that PetSmart was negligent when it failed in its duty to warn customers that hamsters might have the virus, as well as notify them that it could be dangerous for people with weak immune systems.

Nancy Magee is filing her wrongful death lawsuit on behalf of herself and their three children.

PetSmart Sued Over Infected Hamster Blamed in Three Deaths, Boston Herald, April 16, 2008

Suit: husband’s death tied to hamster, Wicked Local Whitman, April 16, 2008

Related Web Resource:

Lymphocytic Choriomeningitis, CDC.gov

Dr. Rapin Osathanondh, the Massachusetts gynecologist whose patient died last September at his Women’s Health Center in Hyannis, is being sued for wrongful death. The wrongful death plaintiff is Eileen Smith, the mother of 22-year-old Laura Hope Smith, who died during an abortion procedure. Smith is asking for punitive damages for the gross negligence that she says caused her daughter’s death.

The wrongful death lawsuit was filed on March 10 in Barnstable Superior Court. Smith’s defense team says that Osathanondh failed to properly monitor Laura’s vital signs while she was under anesthesia. Osathanondh and a receptionist were the only ones present during the abortion.

The receptionist called 911 after Smith stopped breathing. Cause of death was “cardiac pulmonary arrest during anesthesia during a voluntary termination of pregnancy.”

Osathanondh says that Laura’s death was an unfortunate outcome and that he was not negligent. He surrendered his medical license and resigned from practicing medicine last month--just as Massachusetts Board of Registration in Medicine was about to suspend his license following Laura's death. His primary medical practice was located in Brookline.

Last week, Cape and Islands District Attorney Michael O'Keefe said he would try to obtain a grand jury criminal indictment against the gynecologist.

Gynecological Malpractice
Injuries caused by gynecological or obstetric malpractice can be very physically and emotionally traumatic for the patient. Injury victims and families of patients that have died because of medical malpractice are entitled to personal injury or wrongful death recovery.

Common Kinds of Gynecological Malpractice:

• Abortion errors
• Inappropriate behavior during an examination
• Failure to diagnose
• Wrong diagnosis
• Hysterectomy mistakes
• Errors during testing
• Birthing errors

Doctor faces lawsuit, possible indictment, Cape Cod Times, March 21, 2008

Doc gives up license over Sandwich abortion death, Capecodtoday.com, February 21, 2008

Related Web Resource:

Cause and Effect Analysis of Closed Claims in Obstetrics and Gynecology, Green Journal, 2005

Jackie Monahan, a Haverhill, Massachusetts, woman has won $8.5 million in the wrongful death lawsuit against Alexis Ortiz, the 22-year-old driver who was speeding when he killed her husband Larry, 54, who had been riding his motorcycle outside their residence on March 18, 2006.

At his Massachusetts Parole Board meeting last month, Ortiz admitted that he had been drinking on the day of the deadly auto accident. Police estimates that Ortiz had been driving a Saturn sedan at around 81 mph. The car belonged to his father and was uninsured at the time of the accident. The collision left Larry crushed between the car and his motorcycle.

Ortiz, also a Haverhill resident, pled guilty to vehicular homicide and manslaughter charges in March 2007. He was sentenced to 2.5 years in prison sentence. As part of his plea agreement, he was to serve 2 years in jail, 10 years probation, and a 15-year license suspension.

Motorcycle accidents are frequently catastrophic if not fatal for bikers, who have no protection from the impact of getting hit by a speeding car or a large tractor-trailer. Injuries can be permanent or take months to recover from. If a motorist dies in a car collision, the loss and trauma for surviving family members can last forever.

In 2007, 50 motorcyclists, 61 pedestrians, and six bicyclists died on Massachusetts’ roads. Motorcyclists in Massachusetts are planning to appear on Beacon Hill in Boston on March 18, 2008 to support a bill imposing harsher jail sentences and fines on drivers convicted of serious right-of-way crashes that results in serious injuries or deaths. The bill seeks to impose a 2.5 year mandatory jail sentence, a 10-year license suspension,and a $350 fine if someone is convicted.

Haverhill: Wife wins $8.5 million in husband's motorcycle death, fights to keep other driver in prison, Eagletribune.com, March 2, 2008

Bikers want more punishment for motorists in right-of-way accidents, Enterprisenews.com, March 17, 2008

Related Web Resources:

Massachusetts Law About Traffic Violation

State Traffic and Speed Laws

A woman who has been charged in the motor vehicle homicide death of a female pedestrian she accidentally struck outside a car wash in Haverhill, Massachusetts, is now the defendant in a wrongful death lawsuit.

The lawsuit was filed by Roger Young, the husband of Robin Young, who was killed last year on June 16 at Hafner’s carwash, located on the Haverhill/Plaistow line.

Robin was wiping down her sport utility vehicle outside the car wash exit when she was struck by Marie Pigaga in a 2000 Mercedes Benz SLK 230 coupe. The motor vehicle jumped a retaining wall before hitting Robin, whose 12-year-old daughter witnessed the deadly collision from inside the SUV.

Pigaga, 46, says that her brakes malfunctioned. Police, however, after inspecting the Mercedes, say that the brakes did not malfunction.

The Young family is asking for millions of dollars.

Although the car accident occurred in Massachusetts, the civil lawsuit was filed in New Hampshire, where Pigaga and the Young family live.

Pigaga is still battling the criminal charge against her in Massachusetts. If convicted, she could face up to 2 ½ years in jail.

Common Scenarios that Can Lead to Pedestrian Accidents (PEDSAFE) Include:

1. The pedestrian walked or ran into the roadway at an intersection or midblock location and was struck by a vehicle.

2. Pedestrian is struck while crossing a high-speed and/or high-volume arterial street.

3. Pedestrian is struck while crossing a high-speed and/or high-volume arterial street.

4. The pedestrian was struck while crossing the road to/from a mailbox, newspaper box, or ice-cream truck, or while getting into or out of a stopped vehicle.

5. A vehicle struck a pedestrian who was: (1) standing or walking near a disabled vehicle, (2) riding a play vehicle that was not a bicycle (e.g., wagon, sled, tricycle, skates), (3) playing in the road, or (4) working in the road.

6. The pedestrian was standing or walking near the roadway edge, on the sidewalk, in a driveway or alley, or in a parking lot, when struck by a vehicle.

Plaistow woman faces wrongful death lawsuit in fatal crash, Eagletribune.com, March 12, 2008

Definition of Pedestrian Crash Types, PEDSAFE, Walking Info.org

Related Web Resources:

N.H. mother struck, killed at Mass. car wash, Boston.com, June 20, 2007

Wrongful Death, Justia

The U.S. government is asking a federal appeals court to overturn a wrongful death verdict awarding $3.1 to the family of Quincy fisherman John McIntyre for his murder. McIntyre was allegedly murdered by FBI Informants James "Whitey" Bulger and Stephen "The Rifleman" Flemmi.

The government says the FBI is not responsible for the actions of their rogue agent, John J. Connolly Jr., who they accuse of betraying them when he notified the two informants that McIntyre was cooperating against them—resulting in the Quincy man’s murder.

The government says that Connolly crossed the line and became a criminal by betraying the FBI. The rogue FBI agent also allegedly received over $200,000 in bribes from Flemmi and Bulger.

McIntyre’s family, however, says the FBI knew that Connolly may have leaked the information to the two men but overlooked the agent’s illegal activities.

Court Judge Kermit V. Lipez has suggested that the FBI ponder its habit of “turning a blind eye” to the criminal activities of the two informants, who provided valuable information to the government about the Mafia.

The outcome of McIntyre’s wrongful death lawsuit is the first ruling against the government by the victims of Bulger and Flemmi.

In 2006, US District Judge Reginald C. Lindsay found that McIntyre was murdered because the FBI mishandled the two informants. He ordered the U.S. government to pay McIntyre’s mother and brother $3.1 million.

Flemmi, who has pled guilty to 10 murders and is serving a life sentence, admits to persuading McIntyre to go to a house in South Boston, after receiving the information from Connolly. At the home, McIntyre was interrogated, choked, and then shot.

Witness says he lied during trial of man convicted in murder, Boston.com, March 5, 2008

US asks voiding of $3.1m award in slaying of Quincy fisherman, Boston Globe, March 4, 2008

Related Web Resources:

FBI found liable for Bulger, Flemmi, Boston Globe, September 26, 2008

Flemmi ties Connolly to 2 slayings, Boston Globe, October 15, 2003

Federal Bureau of Investigation

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

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

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

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

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

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

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

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

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

Related Web Resources:

Dateline NBC: To Catch a Predator, MSNBC.com

Perverted Justice

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

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

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

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

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

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

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

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

Related Web Resources:

Massachusetts Registry of Motor Vehicles

2004-2006 Massachusetts Crash Statistics

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

This week, attorneys involved in John Ritter wrongful death lawsuit began jury selection. The case finally goes to court more than four years following the September 2003 death of the beloved actor.

The late actor’s wife, actress Amy Yasbeck, and his children are suing cardiologist Joseph Lee and radiologist Matthew Lotysch, who both treated the actor. The trial will take place at Los Angeles County Superior Court in California.

Lotysch saw the actor in 2001. After conducting a body scan, the radiologist reported that there was nothing wrong with Ritter’s aorta but recommended that he see a cardiologist. Ritter did not pursue further treatment after Lotysch’s diagnosis. Ritter’s family says that Lotysch should have noticed that his aorta was enlarged.

In 2003, Ritter was on the set of his hit TV series, “8 Simple Rules for Dating My Teenage Daughter,” when he started to experience nausea, chest pain, and vomiting. He was rushed to the ER of Providence St. Joseph Medical Center in Burbank.

An x-ray of his chest was ordered but never happened. Dr. Joseph Lee diagnosed the 54-year-old actor as having a heart attack and treated him for one. According to the lawsuit filed by Ritter’s family, the treatment he received for the heart attack was the exact opposite kind of care that he needed. The family contends that he would have survived longer if he had been correctly diagnosed and received the proper treatment.

The family is suing both doctors for failing to properly diagnose and treat the actor, as well as for negligence.

The amount that the family is suing for--$67 million—is partially based on the amount of money the actor could have made had he lived.

In other wrongful death claims related to Ritter’s death, his family has received some $14 million in settlements from several medical entities. Providence St. Joseph Medical Center settled their wrongful death case with the Ritter family for $9.4 million.

John Ritter's Medical Treatment Disputed, AP.com, February 5, 2008

John Ritter’s widow talks about wrongful death suit, MSNBC.com, February 4, 2008

Related Web Resources:

John Ritter wrongful death lawsuit settled, MSNBC.com, March 15, 2006

Actor John Ritter dead at 54, CNN.com, September 12, 2003

Bert Hirschberg, a 90-year-old Boston grandmother and women’s rights activist, died while crossing Massachusetts Avenue when she was struck by a car.

Hirshberg used a walker to get around. She was crossing the avenue, located close to her apartment, when she was hit by a Toyota. Heavy rains were pouring onto the roads at the time the Boston pedestrian accident occurred.

Hirshberg was transported to Boston Medical Center, where she died the next day. The 90-year-old activist also championed local arts and underprivileged children. Police gave the driver of the Toyota that struck Hirschberg a citation for failing to yield to a pedestrian.

The National Highway Traffic Safety Administration says that of the 4,784 pedestrian deaths that took place in 2006, 966 of the victims were elderly persons, ages 65 and over. Some 6,000 seniors were also injured in pedestrian accidents that year.

One of the reasons that older pedestrians are at high risk of being struck by a motor vehicle is because their reflexes, perception, and eyesight can deteriorate the older they get. Older people also take a long time to recover from any injuries.

Safety Tips for Elderly Pedestrians:

• Cross the street at the corner or crosswalk.
• Continue to watch both sides of the street even when crossing at a crosswalk.
• Watch for oncoming traffic as you cross the street.
• Wear bright clothing that makes it easy for drivers to see you.

Although pedestrians must exercise caution when crossing the street, car drivers, motorcyclists, truckers, and bus drivers are responsible for exercising the proper care when operating their motor vehicles on the roads. It is important for drivers to be on the lookout for any pedestrians—especially at night or during rain or snow storms. When a driver's carelessness or negligent actions, such as drunk driving, speeding, driver inattention, or driver error, leads to the serious injury or death of a pedestrian, the driver can be held liable in a Massachusetts personal injury or wrongful death case.

Activist Bert Hirshberg, 90, killed in tragic accident, Boston Herald, February 5, 2008

Focusing on the Senior Pedestrian, U.S. Department of Transportation

Related Web Resources:

Traffic Safety, NHTSA

Street Smarts for Seniors, Canada Safety Council

Crash Statistics, PEDSAFE

Continue reading "90-Year-Old Boston Woman Dies in Pedestrian Accident While Crossing Massachusetts Avenue" »

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

The family of Catherine O’Donnell, the 86-year-old woman who died after falling from an operating room table at Boston Medical Center in Massachusetts, has filed a wrongful death lawsuit against the doctor, two nurses, an orthopedic resident, and an anesthesiology resident—all who were in the operating room at the time.

O’Donnell was undergoing orthopedic surgery on October 6 when she fell through a gap in the surgical table she was on. A nurse had removed the safety strap around O’Donnell to move her to a hospital bed when the fall accident occurred.

O’Donnell sustained a massive head injury. A second surgery had to be performed to try and stop the internal bleeding in her brain. Her family removed her from life support on October 13 after doctors told them that recovery was unlikely.

The Dorchester grandmother had orthopedic surgery to repair her left hip, which she broke during a fall in her bedroom. Her son says that they never considered the possibility that she would not regain consciousness after the surgery. The actual surgery itself was uneventful.

According to the Health Department's Bureau of Heath Care Safety and Quality, of the 800 medical mistakes and serious injuries that occur to patients at 90 hospitals in Massachusetts every year, 400-500 cases involve falls.

Boston Medical Center’s own internal investigation of O'Donnell's fall accident found that everyone in the operating room was busy attending to his or her own responsibilities; not all of them were aware that the safety belt around O’Donnell had been removed.

A new protocol has been established at the hospital following O’Donnell’s fatal accident. Doctors and nurses in the operating room must now stand on both sides of the patient and hold on to him or her before removing the safety strap.

If you believe that someone you love died because medical providers were careless or negligent, you should speak with a Boston, Massachusetts medical malpractice law firm immediately. You may be able to obtain financial compensation for your Boston wrongful death case.

Family sues in operating room fall, Boston.com, January 29, 2008

Related Web Resource:

The Emotional Toll of Medical Mistakes, New York Times, October 26, 2007

A jury awarded country music star Toby Keith and his family $2.8 million in the wrongful death of his father, H.K. Covel, who was killed in a motor vehicle crash in 2001. Keith, his mother Carolyn Covel, his sister Tonni, and his brother Tracey were the other plaintiffs named in the lawsuit.

Elias Rodriguez and Pedro Rodriguez of Rodriguez Transportes and the Republic Western Insurance Co. were named as defendants in the wrongful death lawsuit.

Details of the Fatal Crash:
A charter bus belonging to the Rodriguezes collided with the truck that H.K. Covel was riding in on March 2001. The bus’s brakes were in serious need of repair. The collision occurred when Covel’s truck crossed over the center median and hit the bus.

At first, Keith’s family thought that the accident occurred because Covel was suffering from a medical condition. They later found out that another car had hit his truck, causing him to swerve his truck across the median. Keith’s family says that H.K. would have survived if the collision with the bus if the bus’s brakes had been working properly.

The drivers and operators of trucks are upheld to higher standards of safety than car drivers and motorcyclists. Common causes of bus crashes include driver inexperience, driver negligence, drunk driving, speeding, improper maintenance, a faulty engine, and defective breaks.

When failure to properly maintain any kind of vehicle—especially failure to maintain a common carrier—results in the death of an innocent victim, the family of the decedent is entitled to recover wrongful death compensation.

In Massachusetts, an experienced Massachusetts wrongful death lawyer can help you file your claim or lawsuit. The lawsuit must be filed within the three-year statute of limitations allowed in Massachusetts. The three years deadline expires either three years from the victim’s date of death or three years from the time that the decedent’s estate found out (or should have found out) that there is grounds to file a wrongful death lawsuit.

Toby Keith and family win $2.8M over dad’s death, Bostonherald.com, December 26, 2007

Related Web Resources:

Summary of State Wrongful Death and Intestacy Statutes

Toby Keith

The family of Cape Cod, Massachusetts resident Thomas Kelly was awarded $6.1 in the wrongful death lawsuit against Foxboro Realty Associates, Standard Parking, and Apollo Security. A Suffolk Superior Court jury awarded the $4.4 million judgment on Tuesday. With interest, the total could reach $6.1 million. The judgment will be shared between Kelly’s two sons and his wife.

Thomas Kelly, 64, was a retired high school English teacher who died in 2003 when the bus he was riding in was struck by a 300-pound gate at the Gillette Stadium Parking Lot in Foxboro. The gate slammed into the bus after being blown by a gust of strong wind. Its 8-inch double shafted pole smashed into the bus’s windshield and shot diagonally across the aisle.

The gate pierced the side of the bus and injured six people, including Kelly. He and two others were pinned by the pole. He broke his right leg and mangled his left one. Kelly underwent a number of surgeries and died from his injuries a few weeks later.

Kelly and the other bus passengers were going as spectators to a golf tournament when the tragic accident occurred. The jury found Apollo Security, Standard Parking, and Foxboro Realty Associates responsible for the unsecured gate. The jury exonerated the bus driver and the bus company, who were also named as defendants in the wrongful death lawsuit.

If you or someone you love was seriously injured on another person’s premise because the property owner did not take the proper measures to ensure that the place was free from hazardous or unsafe conditions, you should speak with a Massachusetts premises liability attorney immediately.

To prove a premises liability case in Massachusetts, the plaintiff must prove that:

1) The premise owner caused or allowed the unsafe condition to exist.
2) The premise owner was aware that there was an unsafe or hazardous condition but did nothing to remedy the situation.
3) The owner of the premise should have known that the condition that caused the injury or death was unsafe or hazardous to begin with.

Family Awarded $6.1M In Stadium Death Lawsuit, The Boston Channel, December 20, 2007

Family awarded millions in wrongful death lawsuit, Cape Cod Times, December 20, 2007

Related Web Resources:

Premises Liability News, Justia

The Massachusetts family of a 38-year-old Jamaica Plane woman who died when the Big Dig Tunnel ceiling collapsed last year may be close to reaching a settlement agreement with Powers Fasteners, the company that provided the ceiling bolt epoxy that is believed to be responsible for the collapse. Powers Fasteners also faces an involuntary manslaughter charge in Milena Del Valle’s death.

There are 15 defendants named in the multimillion-dollar lawsuit filed by Del Valle’s family. Other defendants named include the Massachusetts Turnpike Authority, Big Dig project manager Bechtel/Parsons Brinckerhoff, and a number of contractors.

Del Valle’s husband and three children are named as plaintiffs in the Boston wrongful death lawsuit. The family is asking for hundreds of millions of dollars as compensation for the "outrageously egregious" acts that led to Del Valle’s tragic death.

The wrongful death accident occurred on July 10, 2006 when concrete ceiling panels in the Interstate 90 connector tunnel fell onto the car that Del Valle was in. Her husband Angel was also in the motor vehicle during the deadly accident but survived.

An investigation by federal investigators showed that workers had applied the wrong epoxy when making the tunnel ceiling secure. Powers Fasteners supposedly failed to warn project managers and construction contractors that using the wrong fastdrying glue on the ceiling could have catastrophic results. Powers disputes this, claiming that it notified engineers that the fast-set epoxy should not be used to secure the tunnel ceiling.

Big Dig victim's kin may settle suit, Boston.com, December 12, 2007

Possible settlement for family of woman killed in Big Dig disaster, WHDH, December 12, 2007

Powers Fasteners denies negligence in Big Dig tunnel’s ceiling collapse, Industrial Distribution, October 9, 2007

Related Web Resources:

Big Dig Ceiling Collapse, Boston.com

The Big Dig, Massachusetts Turnpike Authority

Powers Fasteners

Continue reading "Massachusetts Family of Big Dig Victim May Agree to Settle Wrongful Death Lawsuit for $6 Million" »

The Massachusetts Supreme Judicial Court issued a ruling earlier this week that says a doctor can be sued for personal injury if his patient caused a deadly car accident.

The case before the SJC involved a mother who wants to sue a doctor because he allegedly did not warn his patient that taking his medication could cause him to become a dangerous driver. The doctor, Dr. Roland Floria, practices medicine in Brockton, Massachusetts.

On March 22, 2002, Floria's patient, David Sacca, 75, passed out while driving his car. His vehicle swerved off the road and struck Kevin Coombes, 10, who was standing on the sidewalk. Coombes died of his injuries from the accident. Dr. Floria had prescribed oxycodone, prednisone, Zaroxolyn, Paxil, potassium, furosemide, oxazepam, and Flomax to Sacca. Side effects of these drugs can include fainting, drowsiness, and dizziness.

In the court’s lead opinion, Justice Roderick L. Ireland compared Dr. Floria’s failure to warn Sacca about his medications’ side effects to a bartender giving a drunken customer a drink. He said that the physician’s duty of care includes "all those foreseeably put at risk by his failure to warn about the effects of the treatment he provides to his patients."

This is the first time that Massachusetts’s SJC has issued such a ruling. Two earlier state Superior Court rulings had held doctors liable when their patients struck a pedestrian and biker. The ruling by the SJC, however, could make it easier for similar lawsuits holding doctors accountable for their patients’ actions to follow.

Dr. Dale Magee, the head of the Massachusetts Medical Society that represents the majority of Massachusetts’s doctors says that the ruling “may do more harm than good.” Magee noted that doctors should warn patients of possible medicinal side effects. He expressed concern, however, that informing a patient of every possible scenario could stop them from taking their medication.

The Supreme Judicial Court’s ruling paves the way for a wrongful death trial to determine whether Floria is liable for the boy’s death. Prior to this ruling, a doctor’s liability regarding failure to warn ended with the patient. Now, a physician’s liability could extend to “foreseeable” third parties and nonpatients.

If you or someone you love was injured in a car accident, truck crash, bicycle collision, or pedestrian accident anywhere in Massachusetts, you should contact a personal injury lawyer immediately.

Mass. Supreme Court Expands Doctors' Liability to Nonpatients, Insurance Journal, December 11, 2007

SJC ruling adds to doctor liability, Boston.com, December 11, 2007

Related Web Resources:

Massachusetts Supreme Judicial Court

Continue reading "Massachusetts Supreme Judicial Court Rules that Doctor Can Be Liable if Patient Causes Motor Vehicle Accidents" »

Sagamore residents Kelly Downing and Jayne Hill died on November 29 after their motor vehicle was hit by a Ford Taurus driven by 61-year-old Carol Ducey in Wareham, Massachusetts.

Police think that the fact that Ducey, a Wareham resident, may have had a seizure or stroke while driving, which is what could have caused her to lose control of her car.

Ducey’s Taurus reportedly first crossed the double yellow lines and struck a Lincoln Navigator and a Cape Cod Express truck on Cranberry Highway. The drivers of both those motor vehicles were not injured.

The Taurus, traveling at 60-80 miles an hour, then rammed a street sign and mailbox before striking the Saturn Sedan that Downing and Hill, who had just finished breakfast, were riding in. Their car was totaled. Both women leave behind two 12-year-old daughters.

Ducey was seriously injured in the car crash.

Accidental deaths unfortunately do happen even when the person responsible would never ever dream of intentionally harming another person.

In these instances, the family of the person who died may be able to hold the negligent party civilly liable for the wrongful death.

In Massachusetts, surviving family members can file a wrongful death claim or lawsuit against the party responsible for causing their loved one’s death.

Under the General Laws of Massachusetts, CHAPTER 229. ACTIONS FOR DEATH AND INJURIES RESULTING IN DEATH, a person can be sued for wrongful death if:

1) by his negligence causes the death of a person;
(2) by willful, wanton or reckless act causes the death of a person under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted;
(3) operates a common carrier of passengers and by his negligence causes the death of a passenger;
(4) operates a common carrier of passengers and by his willful, wanton or reckless act causes the death of a passenger under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted; and
(5) is responsible for a breach of warranty arising under Article 2 of chapter one hundred and six which results in injury to a person that causes death.

Two women dead, a third seriously injured, in Wareham car accident, SouthCoast Today, November 30, 2007

Chapter 229: Section 2. Wrongful death; damages, The General Laws of Massachusetts

Related Web Resources:

Massachusetts Highway Department

Massachusetts Highway Crash Statistics

Continue reading "Two Massachusetts Women Are Killed in Deadly Wareham Car Collision" »

In Boston, US District Judge Reginald C. Lindsay issued a ruling yesterday that held the FBI responsible for the 1982 execution-style killings of two men who were allegedly murdered by the Winter Hill gang. The judge called on prosecutors to negotiate wrongful death settlements with the families of the two men.

The federal judge pointed to evidence of liability when it cited several high-profile cases in which the government said that Michael Donohue and Edward Brian Halloran were killed because a rogue FBI agent told James “Whitey” Bulger, a fugitive mobster, that Halloran was an informant.

Judge Lindsay said wrongful death trials were not needed to determine whether the government should be held liable in the slayings of the two men. He also told Prosecutor Andrew Kaplan to tell the US Department of Justice that it should settle not only the Donahue and Halloran lawsuits, but also at least four other wrongful death lawsuits filed by families of people allegedly murdered because of the way the FBi mishandled Bulger and other criminal informants.

Judge Lindsay will hold a trial next year to determine the damages that the government owes the families of the two men.

Last year, Judge Lindsay ordered the government to pay Quincy resident John McIntyre’s mother over $3 million because he found the FBI liable in the fisherman’s murder. The ruling was the first one brought against the government by victims of Bulger and his mob.

Judge Lindsay also said that the FBI properly supervised John J. Connolly Jr, a former FBI agent. The government had previously argued that it was not liable for the slayings because Connelly acted within the scope of his authority. Connelly was sentenced to 10 years in prison for his conviction related to racketeering, lying to an agent, and obstruction of justice charges.

Connelly is scheduled to stand trial in Florida on state charges that he assisted Burger and Flemmi in organizing the murder of a Boston businessman.

Filing a wrongful death claim or lawsuit against a state or federal government is more complicated than filing a personal injury claim or lawsuit against a person or business. This type of case requires the expertise of an experienced wrongful death lawyer that understands the complexities that can arise.

US judge faults FBI in 1982 slayings, Boston.com, November 20, 2007

Related Web Resources:

FBI posts pictures of possible Whitey Bulger, Boston.com, September 14, 2007

Judge: Connolly Jury Can Hear About Mob Murders, Laborers/Boston Herald, April 10, 2002

The Centers for Disease Control & Prevention issued its report on Friday on accidental injury deaths in the United States. Of all 50 states, Massachusetts has the lowest rate of accidental fatalities, which are the number one cause of death among people under 45 years of age.

According to the report, Massachusetts had a rate of 20.4 accidental deaths for every 100,000 residents from 1999-2004. The national average per 100,000 state residents is 36.3. Motor vehicle accidents ranked nationally as the number one cause of death. In Massachusetts, however, there are 7.7 traffic accident deaths for everyone 100, 000 residents.

Falls, poisoning, drowning, and suffocation are some of the other kinds of accidental deaths that the CDC considered for its study.

Nationally, the CDC says there is a 7% increase nationally in accidental deaths. From 199-2004, 625,328 people died in the US because of accidental injuries.

The CDC named New Mexico as the state with the highest rate of accidental injury deaths—60.9 for every 100,000 residents—with Alaska (58.6) and Mississippi (58.1) not lagging far behind.

Other kinds of accidental injury deaths include whiplash, sports injuries, machinery accidents, burns, work-related injuries, natural accidents, toy-related injuries, medical malpractice incidents, defective or malfunctioning products, pedestrian accidents, premises liability, exposure to lead or other hazardous substances.

An accidental injury death is a fatality that occurred accidentally and unexpectedly. While a fatality that occurs accidentally was often caused unintentionally—there are deaths that could have been prevented had another person or party not acted negligently, carelessly, or recklessly.

As the surviving family member who has lost a loved one, there are civil remedies that you can take to hold the negligent party liable for your loss. You should speak with an experienced personal injury lawyer who can advise you of your legal options.

Study: Massachusetts has lowest accidental death rates in nation, AP, November 1, 2007

U.S. Accidental Deaths On An Upward Trend, CBS News, November 1, 2007

Related Web Resources:

Center for Disease Control & Prevention

Accidental injury, Wrong Diagnosis

Continue reading "CDC Says Massachusetts Has Lowest Accidental Death Rate In the US" »

Kathleen Vasa, the Massachusetts widow of the doctor who died when his 76-year-old cancer patient crashed her motor vehicle into the hospital’s radiation therapy unit where he worked, is suing the driver, Jane Berghold, for wrongful death.

Berghold, who crashed her car into the hospital on October 15, claims that she tried to stop the car but the brakes wouldn’t work. She has been charged with two counts of vehicular homicide by negligent operation and one count of operating to endanger.

Susan Plante, a 59-year-old hospital worker, also died from her injuries.

Wrongful Death
A person’s death is considered a “wrongful death” when the death occurred because another person, company, or entity acted negligently, carelessly, recklessly, or irresponsibly. Usually, only immediate family members can file a wrongful death claim or lawsuit.

Damages awarded in a wrongful death lawsuit usually take into account the financial and emotional costs that the loved one’s loss may have on surviving family members. Loss of emotional and financial support, medical and funeral expenses, loss of companionship, loss of benefits, and loss of inheritance are among the factors that can be taken into consideration. In certain cases, a plaintiff in a wrongful death case may also be awarded punitive damages to punish the defendant for their actions.

In Massachusetts, the Massachusetts Wrongful Death Statute describes how a wrongful death statute would be divided among surviving family members:

• If there is a surviving spouse and no children, but there are other relatives -- the spouse takes the first $200,000, and 1/2 of the remainder of the estate. The next of kin takes balance.

• If the deceased left behind a spouse and children -- spouse takes 1/2 and children receive the remaining balance.

• If there are no children or relatives-- the surviving spouse takes all.

• If the spouse is deceased, then everything goes to the children to be divided equally between them.

• If there is no spouse or children, the parents are the beneficiaries of a wrongful death award.

• No spouse, children or parents --shares then proceed to the brothers and sisters or descendants of deceased siblings divided equally among those in the same generation.

• No one listed above -- Whoever is the next closest in kinship, takes all.

Widow sues driver in hospital crash, Boston Globe, November 1, 2007

Massachusetts, Summary of State Wrongful Death and Intestacy Statutes

Related Web Resources:

Second person dies following car crash into hospital entrance, Boston Globe, October 16, 2007

Massachusetts Wrongful Death Statute

A Massachusetts doctor and a hospital secretary are dead following Monday’s tragic car accident involving a cancer patient who accidentaly drove her Oldsmobile into Brockton Hospital’s radiation center.

76-year-old Rockland resident Jane Berghold crashed her car through a glass door and into the center. She is a breast cancer patient at the center. Berghold was going to the hospital to give an X-ray Dr. Mark Vasa, to her radiation oncologist, who was Vasa was killed in the accident. Vasa was the chief radiation oncologist in charge of the center.

Susan Plante, a 60-year old hospital secretary who had worked at the hospital for two decades, died because of the catastrophic internal injuries she sustained in the crash. She had been taken to Massachusetts General Hospital. Two other hospital employees working at the reception desk sustained injuries.

Robert Berghold, Jane Berghold’s husband, says that his wife has a solid driving record and was never involved in a major car accident before this one.

Senior Drivers
Statistically speaking, senior drivers over 75 years of age tend to be at higher risk of being involved in car accidents than their younger counterparts, by 37%--whether as accident victims or as the driver responsible for the motor vehicle accident. Poor vision at night, drowsiness from medication, confusion, impaired memory, and decreased motor skills can easily affect the driving skills of some elderly drivers.

In Massachusetts, about 7,500 seniors over 68 years of age either lose their license after failing a road or eye test or they let their license expire. That said, many drivers 60-70 years of age are also considered to be among the safest drivers. Some states have specific driving laws focusing on elderly drivers. Massachusetts does not have a special driving law for seniors.

If you were injured or someone you love was killed in a car accident that was someone else’s fault, you may be able to file a personal injury or wrongful death claim or lawsuit against the negligent party.

Speeding, talking on the cell phone or text messaging while driving, drunk driving, aggressive driving, reckless driving, or careless driving are also common causes of motor vehicle crashes—regardless of a person’s age. A defective motor vehicle part, such as faulty tires or defective breaks, or a defective motor vehicle can also result in car accidents where a passenger or bystander can get injured or killed. In these instances, the motor vehicle manufacturer could be held liable in a products liability lawsuit.

Second person dies after car crashes into Brockton Hospital, Boston.com, October 16, 2007

Second Death Confirmed In Hospital Car Crash, WCVB.com, October 16, 2007

How Old Is Too Old Behind The Wheel?, AP, July 17, 2003

Senior Citizen Drivers: Are They Menace? Should Licensing Laws Be Tougher?, Senior Journal, June 16, 2005

Related Web Resources:

Brockton Hospital

Continue reading "Massachusetts Doctor and Hospital Worker Are Dead and Six Others Injured After Patient Drives Car Into Brockton Radiation Center" »

Authorities and investigators for Massachusetts and Essex County have determined that the death of 11-year-old Timothy DiLeo at Tenney Grammar School in Methuen was an accident. No criminal charges will therefore be filed in the case. DiLeo died after a heavy metal gate fell on him. His 8-year-old brother, Andrew, was also injured by the gate collapse. Brandon LaPorte, 13, suffered minor injuries to his leg, and Steven DiLeo, 13, who was also involved in the accident, was not hurt.

If there is evidence to prove that someone acted negligently to create the condition that turned the school into an unsafe premise, DiLeo’s family good have grounds to file wrongful death claim and a personal injury claim against Tenney Grammar school and/or any other negligent parties.

Investigators say the gate was leaning against a wall and not securely attached on its hinge. It had been placed in the area where large garbage containers are stored. The gate fell when two of the boys tried to climb it.

Under premises liability law, the owner of a property must take reasonable action to ensure that the property is in a reasonably safe condition so that no one is injured or killed. A property owner is also legally obligated to warn people of any conditions on a premise that could render a property unsafe—even if only temporarily.

Falling merchandise or objects, dog attacks, defective or dangerous conditions on a premise, inadequate security, and any conditions leading to slip and fall accidents are just some of the reasons that a personal injury claim or lawsuit can be brought against the liable party. The reason that an injured person was on the property to begin with may/may not affect whether or not the injured victim has grounds to file a premises liability claim.

Children and Premise Liability Cases

If a property owner knows that a child could likely enter a premise—whether or not he or she entered the property with permission—the landlord or landowner is still obligated to have taken steps to ensure that the place is safe enough so that children are not injured or killed.

No charges to be filed in Methuen fence collapse fatality, Boston.com, September 4, 2007

Death of Methuen boy ruled an accident, Examiner.com, September 4, 2007

Related Web Resources:

Methuen Public Schools

Premise Liability News, Justia

Continue reading "Death of 11-Year Old Massachusetts Boy at a Methuen School in Gate Collapse Ruled Accidental" »

Settlement negotiations between the parties held liable for last year’s collapse of the Big Dig tunnel's ceiling in Boston and the family of the woman who died in the collapse have faltered. The two sides are reportedly millions of dollars apart, which increases the chances of the wrongful death lawsuit going to court. The family is said to be asking for hundreds of millions of dollars in award money.

Milena del Valle, 39, was riding through the tunnel with her husband when a number of concrete ceiling panels fell onto the vehicle that they were riding in. She died from her injuries.

Her family is suing 15 different companies, including Modern Continental Construction Co. and Bechtel/Parsons Brinckerhoff, that were responsible for building and designing the tunnel ceiling. Del Valle’s family is citing negligence as the cause of her wrongful death. They are also suing the Maryland Turnpike Authority.

Experts say that the bolts that were supposed to hold the panels in place became lose due to epoxy resin failure. The epoxy resin was supposed to glue the bolts so that the panels would stay up.

In Massachusetts, the statute of limitations for filing a wrongful death action is either three years from the date of the victim’s death or three years from the time that the cause of wrongful death was discovered. Immediate family members, such as husbands, wives, children, and parents, are allowed to sue a negligent party for causing the wrongful death of their loved one.

In the meantime, the Big Dig tunnel continues to leak nearly 2 million gallons of water into the Thomas P. O’Neil Jr. Tunnel. The amount of water leaking through the tunnels has increased 18% since last year. The O’Neil tunnel opened in 2003, but the leaks have been a problem since the tunnel roof was attached to the walls during construction years before. There are leaks throughout the length of the 1.5 mile tunnel. Construction crews reportedly had trouble building a waterproof membrane.

Settlement Talks Fail In Big Dig Lawsuit, The BostonChannel.com, June 30, 2007

Report: Settlement Talks to Begin in Big Dig Death Lawsuit, Boston.com, June 24, 2007

Leakage in Big Dig Tunnel Rises, Boston.com, July 1, 2007

Related Web Resources:

The Big Dig, Massachusetts Turnpike Authority

Wrongful Death, The General Laws of Massachusetts