Wrongful Death

December 17, 2012

A Decrease in Massachusetts Highway Deaths Doesn’t Mean Boston Car Drivers Get to Be Less Vigilant

According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration, the number of US highway deaths in 2011 went down to their lowest level since 1949 at 32,367 fatalities-a 1.9% drop from last year. The 2011 decline is a continuing trend over the last six years, which has lead to a 26% drop in traffic deaths since 2005.

In this state last year, Massachusetts traffic fatalities went down from 347 deaths in 2010 to 337. Nationwide, other significant 2011 statistics included:

• A 4.6% drop in the number of light truck and passenger car occupant deaths.

December 14, 2012

Sandy Hook Elementary School Massacre Leaves At Least 27 Dead

by Altman & Altman

A tragic shooting at the Sandy Hook Elementary School in Connecticut has claimed the lives of at least 20 kids between the ages of 5 and 10, and seven adults, including shooter Adam Lanza, 20. One other victim was hurt. According to the media, Lanza shot at his victims in two rooms before firing on himself. He had multiple fire arms with him.

Lanza’s mother is among the deceased. Her body was found at the home she shared with him. At Altman & Altman, LLP the thoughts of our Boston injury lawyers are with the with the victims, their families, and the rest of the community there at this time during what is being called the second deadliest school shootings in our nation’s history. The campus shooting at Virginia Tech in 2007 had 32 fatalities. 15 were killed, including the two shooters, at the The Columbine High School shooting.

Massachusetts School Accidents and Crimes

December 13, 2012

Fungal Meningitis Outbreak Update: Framingham, Massachusetts-Based Compound Pharmaceutical Company Now a Defendant in Dozens of Federal Drug Injury Lawsuits

by Altman & Altman

At least 50 federal lawsuits have been filed in nine states seeking products liability compensation from the New England Compounding Center, the Framingham, Massachusetts pharmaceutical company that is the identified source of a tainted steroid injection that has made nearly 600 people ill with fungal meningitis, spinal infections, and/or other complications, including joint infections and stroke. At least 37 people have died. More drug injury cases against NECC are also being submitted in state court.

According to the drug defect lawsuits, the compound pharmacy made a dangerous and flawed product. Millions of dollars are being sought by the plaintiffs for their personal injuries, mental anguish, emotional trauma, lost wages, costly medical bills, and other related damages, as well as the wrongful deaths of loved ones. In Massachusetts, please contact our Boston fungal meningitis law firm to request your free case evaluation.

Because so many dangerous drug cases are in progress, attorneys are seeking to have one judge hear the pretrial and discovery portions of all the federal lawsuits via multidistrict litigation. The complaints would then go to a judge in the original district for trial.

November 19, 2012

North Andover Wrongful Death Lawsuit Involving Worcester Man Subdued by Police in Traffic Stop is Settled for $1.6M

by Altman & Altman

Three years after Kenneth Howe, 45, died after being subdued by several officers during a North Andover traffic stop, the Worcester man’s family has settled their Massachusetts wrongful death lawsuit against three law enforcement agencies for $1.6M. The agencies are the North Andover police, state police, and the Essex County sheriff.

Howe was detained during a traffic stop at a state police checkpoint in November 25, 2009. According to the family’s North Andover wrongful death lawyer, Howe was “swarmed” by numerous troopers and police officers after he allegedly got involved in a tussle with a trooper at the scene. The law enforcement officers struck him with a baton and shackled him and didn’t call for medical help even though Howe said that he couldn’t breathe. It wasn’t until he was on the ground at the Andover state police barracks and unresponsive that medical assistance was sought. Howe was pronounced dead upon arriving at the hospital.

While prosecutors had cleared the officers of wrongdoing, Howe’s wife and three children believe that he was the victim of excessive use of police force. They named 33 troopers and officers in their complaint. According to Eagle-Tribune, photos taken by one of its photographers show Howe face down on the ground with some of the cops on top of him.

November 17, 2012

Family of Teen Who Fell from US Airways Jet in a Boston Suburb Files Wrongful Death Lawsuit Against US Airways

by Altman & Altman

Two years after Delvonte Tisdale fell out of a flying Boeing 737 and landed in a Boston suburb, his family is suing US Airways, Charlotte-Douglas International Airport, and the city of Charlotte, NC for his wrongful death. The tragic accident involving the 16-year-old in November 2010 made national headlines after Tisdale stowed onto the plane.

The teen had run away from home and was able to get onto the airport tarmac and then later into the wheel well of the jet, which was destined for Boston, undetected. Following Tisdale’s death, a security review determined that the airport’s police force was not adequate enough to provide proper monitoring of the property. Since then, certain security recommendations have been implemented there.

The wheel well of a plane is not pressurized and there is usually not enough oxygen there. Temperatures can become very cold, even going down to way under 0 degrees. A shattered plastic card was found on Tisdale’s body. The condition of the card likely was a result of freezing temperatures in the wheel well during the flight.

November 8, 2012

Woman Files Massachusetts Wrongful Death Lawsuit Over Loss of Her Husband and Son in 2009 Northampton House Fire

by Altman & Altman

Elaine Yeskie, 77, is suing the man accused of starting a fire at her home in 2009 for the, Massachusetts wrongful deaths of her husband and son. She wants Anthony P. Baye, who is awaiting trial on 48 charges involving 28 fires over three years to pay her monetary and punitive damages.

Yeskie lost her husband, Paul W. Yeskie Sr., and her son, Paul W. Yeskie Jr. after a fire was broke out in their residence on December 29, 2009. The following month, Bay, 27, was arrested in connection with allegedly starting over a dozen fires involving cars, homes, and other structures in his neighborhood.

In her Northampton wrongful death case, Yeski, who survived the fire, says that she experienced severe emotional distress from having to watch her son and husband die. She contends that their passing was because of Bay’s actions, which she describes as “malicious, willful, wanton, or reckless.”

Massachusetts Wrongful Death
Losing someone you love because of another person’s negligent or reckless behavior is devastating-not only for the loss but also due to the knowledge that your loved one might still be alive today were it not for someone else’s fatal mistake or intentionally bad behavior. Fortunately, there is a way to seek Northampton, Massachusetts wrongful death damages from that responsible party so that you can hold them accountable by seeking to make them pay you compensation for your loss, pain and suffering, and other resulting damages.

You have three years from the date of death or when knowledge of the cause of the death was (or should have been) found out to file your Massachusetts wrongful death case. Damages may include compensation for funeral/burial/cremation costs, lost income and benefits, the victims’ medical bills, and loss of companionship, love, support, and other losses.

Elaine Yeskie sues accused Northampton arsonist Anthony Baye for deaths of Paul Yeskie Sr. and Jr., Mass Live, October 12, 2012

Elaine Yeskie Sues Anthony Baye in Northampton Fires , Gazzette.Net, October 22, 2012

More Blog Posts:
$7.5M Massachusetts Wrongful Death Settlement in 2010 Norfolk Propane Blast Lawsuit Filed by Electrician’s Family, Boston Injury Lawyer Blog, July 9, 2012

Explosions and fire ravage Winthrop home, injuring family & damaging house, Boston Injury Lawyer Blog, February 23, 2012

Elderly Somerville Woman Dies After Clothes Ignite in Massachusetts Kitchen Fire, Boston Injury Lawyer Blog, February 19, 2012 Continue reading

November 5, 2012

30 Now Dead in Fungal Meningitis Outbreak Linked to Contaminated Steroid Shots Made by Framingham, Massachusetts Compounding Pharmacy

by Altman & Altman

The CDC is reporting that the death toll in the ongoing fungal meningitis outbreak involving tainted steroid injections is now at 30, while the number of those afflicted is at 419 (those affected by related joint infections are also included in this number). The steroid shots were used for treating back pain, as well as joint problems.

According to the New York Times, doctors that have been treating patients afflicted in this outbreak are seeing certain worrying complications in some, including epidural abscess in the area of the spine where the shot was administered and arachnoiditis, involving spinal inflammation. In Massachusetts, please contact our Boston fungal meningitis law firm if you or someone you love became afflicted after receiving a methylprednisolone acetate injection.

The Boston Globe reports that right before the national outbreak erupted, the New England Compounding Center, which is based in Framingham, Massachusetts, had sent out a “Quality Assurance Report Card” to clients touting it’s labs’ cleanliness even though internal tests showed contamination that was widespread. Two of the three steroid lots involved in the outbreak were made during the period noted in the report card, which claims that the pharmacy’s “extensive” testing of products for microbial contaminants and sterility had a 100% success rate.

October 12, 2012

Framingham, Massachusetts Compounding Pharmacy Linked to Fungal Meningitis Outbreak Had Settled Wrongful Death Lawsuit Over Similar Allegations in 2007

by Altman & Altman

According to the Associated Press, the New England Compounding Center had already settled a wrongful death lawsuit over similar allegations in 2007. The Framingham, Massachusetts compounding pharmaceutical company is considered the source of the tainted steroid shots that are believed to be the cause of this current fungal meningitis outbreak. Already, reports the CDC, over 185 people in 10 states have fallen ill and at least 14 people have died in this latest contamination.

Please contact our Boston defective medication lawyers if you believe that you have fallen ill because of a dangerous or contaminated medication. Altman & Altman LLP also represents drug defect clients throughout the US.

In the earlier case, the victim, 83, died about 18 months after getting a shot that New England Compounding Center had produced. His loved ones contended that the shot was contaminated and caused him to develop the bacterial meningitis, which led to his death in 2004. A settlement was reached with his widow.

September 15, 2012

At Least 137 Fatal Drownings and168 Near Drownings Involving Kids in Pools and Spas Have Already Occurred This Summer, Says Media

by Altman & Altman

According to the U.S. Consumer Product Safety Commission, media reports reveal that between Memorial Day and Labor Day of this year there were at least 137 child drowning deaths and 168 near drownings (serious enough to warrant emergency help) in US pools and spas. 54 of these drownings took place not long after the victim had left the proximity of a grownup in the immediate area. 31 kids drowned even though there were people in the pool with them. At least 100 of these children were under the age of 5. Seeing as drowning is the number one cause of accidental death among kids in the one to four age group, these latest figures are, unfortunately, not surprising.

Our Boston swimming accident lawyers represent children and their families with claims and lawsuits against negligent parties that either directly or indirectly caused a child’s injury or death. Depending on the specifics of what happened, possible liable parties when drowning in a spa or pool is involved may include the pool/spa owner, the manufacturer of a defective pool or spa part, or the party that was responsible for supervising the victim at the time of the accident. Altman & Altman LLP is experienced in handling cases involving the Massachusetts personal injury areas of premises liability, negligent supervision, and products liability. We also handled drowning accidents and deaths involving adult victims.

In a report that it issued earlier this year, the CPSC noted that during the summers of 2007, 2008, and 2009 about 243 kids drowned in spas or pools each season-with about 390 child drowning deaths ultimately reported for each year. Also, for 2009, 2010, and 2011 on average there were about 5,200 spa- or pool- related submersion injuries that required ER care each year. Once again, kids under age 5 made up the majority of the reported child deaths and injuries.

July 24, 2012

Worcester Wrongful Death Lawsuit Claiming Massachusetts Products Liability Filed by Family of Former MLB Pitcher Killed in Northborough Dump Truck Accident

by Altman & Altman

Three years after passing away from accidental asphyxia involving suffocation, the family of ex-Major League Baseball pitcher Mark S. Fidrych is suing Morse Mack Sales, Ballard Mack Sales, and Mack Trucks for Northborough, Ma wrongful death and products liability. Fidrych died when his clothes tangled up in his 1987 Mack dump truck’s power takeoff shaft on April 13, 2009. The former Detroit Tigers pitcher was 54.

The plaintiffs are contending that the truck was negligently designed, made, and marketed. They also believe that it was already defective/dangerous when sold to consumers. They are seeking monetary damages for pain and suffering, failure to instruct and warn, negligent sale, breach of implied warranty and merchantability, and negligent service and repair. In addition to wrongful death recovery, they also want punitive damages.

Meantime, two of the defendants, Ballard Mack Sales & Service and Mack Trucks, are asserting that the Massachusetts wrongful death lawsuit is barred because of the statute of limitations. They claim that Fidrych’s negligence was more significant than any that they may have committed. Morse Mack Sales, which is also denying any wrongdoing, blames Fidrych for modifying the vehicle after purchasing it and contends that it was this change that played a role in/caused his accidental Northborough dump truck death.