Wrongful Death

May 18, 2023

Three Deaths in One Year on MBTA Commuter Rail Line in Abington

Long concerned about the safety of the town’s railroad crossings, Alex Bezanson planned to prioritize the issue when he became the chairman of the Abington Board of Selectmen last year. Just two weeks later, a teenager walking home was tragically struck and killed by a train at the Birch Street crossing.

After that incident, the town hired a transportation consulting firm to study the safety of railroad crossings along the Abington corridor. The findings were included in an April 25, 2023 letter to the Massachusetts Bay Transportation Authority (MBTA). The very next day, another fatal train incident occurred at the same intersection.

Recent Deadly Train Accidents in Abington

May 11, 2023

New “Rust” Shooting Lawsuit Claims “Loss of Consortium” — What Exactly Is It?

by Altman & Altman

After the accidental shooting of cinematographer Halyna Hutchins on the “Rust” set in 2021, her family agreed to settle their wrongful death lawsuit against the film’s producers. In 2023, her parents and sister filed a new suit against Alec Baldwin and other parties, alleging negligence, battery, intentional infliction of emotional distress, and loss of consortium. While you may have heard of the other kinds of claims, what exactly is “loss of consortium”?

A loss of consortium claim seeks financial compensation for the damage to a relationship caused by the death or injury of a family member. Specifically, it is a type of personal injury claim by individuals who have lost the benefits of a close relationship, such as comfort, companionship, affection, marital intimacy, or assistance with parenting or housework.

In some states, only spouses can claim loss of consortium. In other states, parents and children may also be able to make a claim. Massachusetts loss of consortium claims are available to married couples whose spouse is injured, minor children whose parent is injured, dependent adult children whose parent is injured, and parents whose minor child is injured.

February 17, 2023

Two Rocking Sleeper Recalls Announced After More Infant Deaths

by Altman & Altman

Companies are reminding consumers not to use two recalled models of baby rocker sleepers, after more infants have died since the recalls were issued in 2019. Both announcements also include a warning that it is illegal to sell or distribute the recalled sleepers, many of which may still be in circulation.

Fisher-Price announced the recall of 4.7 million Rock ‘n Play Sleepers after at least eight additional deaths were reported, bringing the total to approximately 100 infants who have died while using the product. Kids2 announced the recall of nearly 700,000 Rocking Sleepers after at least four more babies died, bringing the total number of fatalities to 15.

Dangerous Infant Sleep Products

December 6, 2022

Parents Sue Stanford University for Wrongful Death After Daughter’s Suicide

by Altman & Altman

The parents of a former Stanford student have sued the university following their daughter’s suicide, according to multiple news sources that have reviewed the complaint. A senior and goalkeeper for the school’s soccer team, Katie Meyer ended her life in her dorm room on February 28. At the time of her death, the 22-year-old faced disciplinary action from Stanford that put her degree on hold and threatened to remove her from the university.

Meyer Charged Over Coffee Incident

The disciplinary charges stemmed from an incident where Meyer allegedly spilled coffee on a Stanford football player accused of sexually assaulting a female soccer player. It is unclear whether the spill was accidental or whether Meyer was defending her soccer teammate.

July 26, 2022

Why are pedestrian accidents and fatalities on the rise in Massachusetts?

by Altman & Altman

American roads have become increasingly dangerous for walkers. According to Governors Highway Safety Association estimates, drivers killed nearly 7,500 pedestrians in 2021 — the highest number in 40 years. And in Massachusetts, MassDOT crash portal data indicate that pedestrian deaths rose 40% between 2020 and 2021, rebounding even higher than pre-pandemic normals.

Pedestrian Fatalities in Massachusetts

While pedestrian accidents can happen anywhere at any time, a WalkBoston report identified several key factors regarding Massachusetts pedestrian deaths in 2021.

February 11, 2022

Asbestos cancer cases, often referred to as mesothelioma cases- Can I still make a claim?

by Altman & Altman

The health hazards of asbestos have been widely known since at least the 1970s. By the 1980s, an explosion of lawsuits linked asbestos exposure with mesothelioma, a rare but aggressive form of cancer with no known cure. Recognizing the potential dangers, the Environmental Protection Agency (EPA) largely banned new asbestos products in 1989.

So why do we still hear about asbestos-related mesothelioma in the news and on late-night television? Why are companies still awarding multimillion-dollar settlements to mesothelioma patients and their families? Because over 3,000 people are still diagnosed with mesothelioma every year–and asbestos is almost always the cause.

Although asbestos has mostly disappeared from new materials, exposure continues. An estimated 3.5 million buildings in the U.S. still have asbestos. In addition, mesothelioma has an unusually long latency period. Symptoms may not appear for 20-50 years, which means people exposed to asbestos in the 1970s may just now be diagnosed with the disease.

Who Gets Mesothelioma?

Asbestos is a naturally occurring mineral that rarely causes health problems in small doses. Its unique properties, however, make it attractive for widespread industrial and commercial applications. Because of its resistance to heat, fire, and corrosion, asbestos was particularly popular in the construction industry. It appeared in building insulation, roof shingles, ceiling and floor tiles, and cement. But its use didn’t stop there–at one time in the U.S., asbestos could be found in everything from brake pads to fireproof clothing to hair dryers.

For that reason, millions of Americans have been exposed to asbestos. But mesothelioma most often occurs after years of direct occupational or environmental exposure. The professions most at risk for asbestos-related health problems include the following:

Automotive, shipyard, and railroad workers
Aircraft and auto mechanics
Industrial, factory, and power plant workers
Building remodelers, drywall removers, and demolition crews
Construction workers and carpenters
Insulation manufacturers and installers
Firefighters and other first responders
Miners
Plumbers
Electricians

Because workers can bring home asbestos fibers on their clothing, family members are also at risk for secondary exposure.

Mesothelioma Lawsuits

Asbestos-related injuries have been documented since at least the 1920s, but the material wasn’t well regulated for another half-century. As the scientific link between asbestos and mesothelioma became clear, thousands of victims filed claims. Mesothelioma lawsuits allege that employers, corporations, manufacturers, and governments hid the dangers of asbestos for decades.

Over the years, asbestos cancer victims have received millions of dollars in jury trials, corporate settlements, and class-action lawsuits. Mesothelioma is a devastating disease, with expensive medical bills and a 5-year survival rate of only 10%. Partly for that reason, compensation can be huge: juries have reached asbestos liability verdicts of $250 million, and mesothelioma settlements of over $1 million are not uncommon. Continue reading

May 10, 2021

Peloton Treadmill Recall

by Altman & Altman

In response to mandatory state and local lockdowns during the COVID pandemic, countless people have invested in expanding their own home gyms to continue to maintain or improve their fitness. While home gyms provide convenience to owners who want to avoid gym fees and crowds, they may also introduce unexpected dangers. Peloton, the wildly popular company that sells stationary bikes and other gym equipment recently recalled roughly 125,000 of its Tread and Tread+ treadmills per recommendation from the Consumer Product Safety Commision (CPSC) due to reported injuries from the machine and even a death. If you or a loved one have been injured as a result of a malfunction with the treadmill, you may be entitled to damages for your injuries in addition to a refund for the machine.

Why Are The Tread and Tread+ Treadmills Being Recalled?

On April 17, 2021, the CPSC issued an urgent warning to consumers who used the treadmill machines, warning that there were at least 39 reported incidents of injuries involving the treadmill. The injuries that they described included children, pets, and objects being unexpectedly pinned under a treadmill. At the time, Peloton believed the warning to be “inaccurate and misleading” and did not take any immediate action. Less than 2 weeks and many additional reported injuries later, the CPSC amended their original statement with a stronger finding.

July 20, 2020

The rising epidemic of college student suicide – What recourse do families have?

by Altman & Altman

College is a major transition for young adults and is oftentimes the first experience they have out of their family’s household. This can be overwhelming, and for many, they may deal with new and different mental health struggles that they do not necessarily know how to cope with. Students may feel isolated from friends and family, pressured with their newfound freedom, and stress from the academic demands of their school. Some may be presented with alcohol or drugs for the first time, which may trigger an unknown predisposition to depression or suicidal thoughts.

Suicide among college students has been rapidly rising and is currently the second leading cause of death of adults ages 15-24. Studies indicate that 1 in 5 college students have had thoughts of suicide, with 9% reporting suicide attempts. In response, colleges have tried to counter this uptick by widening mental health services on campus and availability or suicide awareness programs.

Risk factors include

Major depression or personality disorders
Substance abuse problems
Traumatic or stressful life events
Prior suicide attempts
Isolation and lack of support
Impulsiveness
Lack of coping skills
Access to a suicide method

Warning signs include

Mood swings
Decreased hygiene
Talking about suicide
Statements of hopelessness
Interest in death
Sudden happy or calm state
Loss of interest in activities
Poor academic performance
Saying goodbyes
Giving away possessions
Substance abuse
Self-harm
Risky behavior or recklessness

What You Can Do

Friends and family that notice these warning signs can do a lot of things to help. Simply being there for the person can make a difference, but it is important to remember that your support is not a substitution for professional help. Medications and therapy have proven invaluable in treating symptoms that contribute to suicide. The national suicide prevention hotline is available 24/7. You can access it by calling 1(800)273-8255. Continue reading

January 21, 2020

Who is Responsible for the Rise of Student Suicide on College Campuses?

by Altman & Altman

It’s hard to imagine something more tragic than the loss of a life that had only just begun – but those who have experienced the tragedy of a college student committing suicide know the pain and emotional trauma that follows all too well. Even worse, sometimes clear signs are missed that could have helped or potentially saved the young person’s life. If you believe there were extenuating factors surrounding the suicide of a loved one, contact an attorney from Altman & Altman LLP to investigate right away.

Young adult suicide rates alarmingly high

According to the American College Health Association, suicide rates for young adults aged 15-24 has tripled since the 1950s – with suicide being the second most common cause of death among college students. The Center for Disease Control and Prevention, too, reports it as the second leading cause of death for people between the age of 10 and 24. A study by the Harvard University Medical School found that as many as 20 percent of college students in the U.S. reported having suicidal thoughts in the course of one year.

There is not an empirically accepted reason for why this is, as much research still being conducted, but factors may include the fact that college students are not only removed from their support networks for the first time in their lives, they are also likely under the most pressure to succeed in their lives as well. They are tasked with excelling in school while maintaining a social life on their own, all with the knowledge that they should have a good idea of what they want to do for work for the rest of their lives within the four-year window of schooling.

If a student already has undiagnosed mental issues or other mental problems – like a traumatic history or drug addictions – that make depression or suicidal thoughts more likely, it can create a perfect atmosphere for those tragic thoughts to take root and grow.

Many colleges have robust mental health facilities and take caution to train staff to look out for the signs of depression and anxiety – which can lead to suicide. Other campuses, however, are not so progressive in looking out for their students. Even when universities try to prevent such tragedies from occurring, it can still happen anywhere. Rowan University in New Jersey recently experienced three suicides in the span of just two months, which rocked the campus and prompted them to take steps to improve mental health counseling access and even the opening of a full-time pet therapy center. Continue reading

January 14, 2020

How Ikea’s Dangerous Furniture Design Can Cause Fatal Accidents For Children

by Altman & Altman

Often we assume that dangers outside the home are the most likely to cause us harm. However, sometimes it’s the items found within our own homes can cause debilitating injuries or even wrongful deaths. Items like heavy furniture can be especially dangerous to children, and if you or a loved one or a child was injured or wrongfully killed in an accident involving furniture or other household items, contact a wrongful death attorney at the Cambridge law offices of Altman & Altman LLP today.

These tragedies can occur at any time

It may seem unlikely, but a furniture-related accident can happen at any time. Consider how easily a young child can wander away from your watchful eye. It can only take a matter of seconds before a child pulls out a drawer of a dresser and stands in it, simply wanting to play, only for the whole dresser to become off balance and fall onto the child.

These types of accidents have taken the lives of children in places across the world. Most recently, a California family was awarded $46 million in a settlement with Swedish furniture giant Ikea after a similar accident involving a dresser claimed the life of their two-year-old child. It is reportedly the largest settlement paid to a family for the wrongful death of a single child in United States history. In 2016, Ikea paid $50 million to the families of three other children who had been killed by the same type of dresser.

Families of the child victims say that Ikea was aware of the potential dangers involving that specific dresser, especially after the settlement in 2016. Despite this knowledge, they alleged the company did not do enough to get dangerous dressers recalled or do enough to promote better safety in newer models they produced since the wrongful deaths occurred. Ikea, through a spokesperson, took responsibility for the action and offered their condolences to the California family.

Children aren’t the only ones at risk

While children are vulnerable to furniture-related accidents more than an able-bodied adult would be, children are not the only one who can be injured in such an incident. The elderly – especially those who are living alone or with minimal supervision – can easily become injured if a heavy piece of furniture were to topple over.

Perhaps they lose their balance and grab for the nearest thing to catch them, and the furniture is on wheels without any braking mechanism or is too top heavy by design. The furniture could easily then topple over and land on the senior citizen, which would likely cause severe injuries such as lacerations, broken bones, concussions or other major trauma. This could result in extensive hospital stays with necessary and risky surgery, permanent mobility problems and, in the worst cases, death. Continue reading