Wrongful Death

March 19, 2012

Pregnant Massachusetts Woman Killed in Fort Lauderdale Vacation Accident

Somehow, vacation accidents strike an even more painful chord in our hearts than other types of accidents. A vacation is a time to escape from the stresses of daily life and relax. For some, vacation means snow-covered mountains, skiing, and snowboarding. For many others, vacation means sunshine, pools, tropical cruises, boating and family. Regardless of the case, the term “vacation accidents” may appear a tragic oxymoron to some.

In an incredibly tragic and unusual accident, a pregnant woman from Medford and her unborn child were killed yesterday in Florida when a driver lost control of her car and crashed into a cabana. The 34-year-old female driver, Rosa Rivera Kim, crashed into the 2-story hotel cabana in which the 26-year-old Medford resident Alanna DeMella and her husband had been staying in during their vacation. DeMella was 7 months pregnant with her son at the time. According to reports, Ms. DeMella was a third grade teaching assistant in Arlington and the school is preparing to deal with the crisis.

This case is distinct from the standard run-of-the-mill car accident case in several major ways: (1) the driver had an unborn child who was also killed; (2) the manner in which the accident occurred-crashing through a cabana-is incredibly unusual and somewhat bizarre; and (3) the couple was on vacation out-of-state. How this combination of factors could influence the location and outcome of a potential wrongful death lawsuit have not been determined.

March 14, 2012

2007 Virginia Tech Massacre: Jury Awards Two Families $4M Each in Students’ Wrongful Deaths

by Altman & Altman

A jury has ruled against Virginia Tech in the wrongful death lawsuit seeking damages for two families who lost loved ones in the campus massacre that claimed the lives of 33 people. The April 16, 2007 tragedy has been called the most deadly mass shooting in our nation’s modern history. On Wednesday, it took jurors just 3 ½ hours to rule in favor of the parents of Erin Peterson and Julia Pryde. Each family was awarded $4 million.

The families’ wrongful death lawyers contended that Virginia Tech administrators and police shouldn’t have waited to students that two people had been shot in a campus dorm or that there was a suspected shooter still at large. It wasn’t until 2 ½ hours after the incident and almost 10 minutes after Seung-Hui Cho started shooting people at Norris Hall that a campus wide e-mail was sent out to 37,000 addresses warning that a gunman was loose. The attorneys also argued that university administrators, including Virginia Tech President Charles W. Steger, tried to cover up their actions so it would seem as if they had responded more aggressively to the crisis that day.

Steger testified that he waited to send out the mass warning because he wanted to prevent a panic. The first two victims were believed to have been part of an isolated shooting involving a possibly jealous boyfriend, which is why the university didn’t initially put out an alert. However, a state panel that probed the massacre found that university officials made a mistake when they decided to delay sending the warning.

March 10, 2012

Widow Says Drug Shortage Following Shutdown at Boston-Area Genzyme Plant Caused Husband’s Wrongful Death

by Altman & Altman

A woman is blaming a drug shortage for the wrongful death of her husband. The plaintiff, Janet Schubert, is suing drug manufacturer Genzyme, its parent company Sanofi, and the Mount Sinai School of Medicine, which holds the patents for the drug Fabrazyme. In her wrongful death complaint, Schubert says that rationing of the drug, following a shortage of supply, caused her husband’s passing.

The medication shortage occurred after Genzyme’s plant in Boston was forced to shut down because of a viral contamination in 2009. While the company worked to remedy the manufacturing issues, it established a rationing program for patients suffering from Fabry disease. The rationing involved partial dosing.

Schubert contends that Genzyme chose to go through with its rationing plan even though it knew that for some patients, not taking a full dose could cause serious health issues and possibly even death.

February 29, 2012

Are Massachusetts Schools Doing Enough to Prevent Student Violence?

by Altman & Altman

In recent years, student incited violence has made national headlines as injuries and deaths have resulted. From the Columbine High School massacre in 1999 to the suicide of Phoebe Prince, the South Hadley High School girl who was bullied online in 2010, the country has been a witness to how youth violence can lead to adult consequences. With schools now more than aware of what can happen, are they doing enough to protect their students?

Recently, Just North of Boston, 29 Lynn English High School students were suspended after videos of two girls brawling were posted online. Dozens of kids surrounded them, cheering the brawlers, while others used their cell phone cameras to record the fight. Criminal charges will likely be filed against the two girls.

Gone are the days when the idea of two girls fighting conjured up only images of hair pulling and shoving, which, our Boston injury lawyers would like to note, can also result in at least one, if not both persons, getting hurt. Just last Friday, a 10-year-old California girl suffered a fatal traumatic brain injury after she and another girl, age 11, fought each other in a nearby alleyway over a boy.

Meantime, the country is also reeling after Monday’s deadly student shooting at an Ohio high school where 17-year-old Lane gunned down high school students who were at a cafeteria table. Three of the victims have died. Two others are recovering from their injuries. Lane has confessed to the shootings. He says he chose his targets at random.

Can schools be held liable when violent crimes happen under their watch? Depending on the specifics of what happened, the answer can be yes. For example, Prince’s family settled their Hampshire County, Massachusetts wrongful death lawsuit with the South Hadley Public School District.

Mass. high school girls fight on tape, dozens suspended, charges loom, CBS News, February 28, 2012
Girl who died after school fight was bleeding inside skull, Los Angeles Times, February 28, 2012

Ohio Shooting Suspect Confesses, Prosecutor Says, The New York Times, February 29, 2012

More Blog Posts:
Hampshire County, Massachusetts Lawsuit in Phoebe Prince’s Bullying Settled for $225K, Boston Injury Lawyer Blog, December 31, 2011

Andover High School Confirms Hazing Allegations, Boston Injury Lawyer Blog, November 30, 2011

Three Teens Injured in Canton Group Home During Brawl, Boston Injury Lawyer Blog, June 30, 2011 Continue reading

February 26, 2012

Products Liability?: 13 Deaths Linked to Bathtub Refinishing Chemicals

by Altman & Altman

The Centers for Disease Control says that there is a chemical in certain paint removers used to stripping bathtubs that is being linked to 13 deaths. The fatalities occurred in 10 states in residential bathrooms that didn’t have enough ventilation. The CDC’s Morbidity and Mortality Weekly report said the chemical, methylene chloride, is considered potentially deadly to factory workers and furniture strippers but had not been previously linked to bathtub refinishers. The federal agency is urging manufacturers, trade groups, and public health agencies to warn employers, consumers, and workers about the risks.

If you believe your loved one died from exposure to methylene chloride while on the job, you may be able to obtain Massachusetts workers’ compensation death benefits from his/her employer. While you cannot pursue civil damages from the company or person that your family member worked for, you may have grounds for a Boston wrongful death case or a Massachusetts products liability claim against the manufacturer of the product that contained the high levels of methylene chloride yet didn’t include a warning of the potential dangers or provide instructions on how to ensure proper protection.

10 products containing 60 to 100% of the chemical methylene chloride have been linked to the 13 fatalities. The products were marked to the aircraft industry or for use on metal, wood, masonry, or glass. The product labels don’t say anything about bathtub refinishing.

According to the CDC, the death toll could be higher, because the current count doesn’t factor into account self-employed workers and those believed to have died of heart disease when, actually, exposure to methylene chloride was the cause. The CDC is cautioning that it is best not to use the chemical in the bathroom, which can linger in bathtubs after it is applied. Proper ventilation and protective equipment is also recommended when one has to be exposed to methylene chloride.

CDC: Common Bathtub Refinishing Chemical Can Be Deadly, Time, February 24, 2012
New CDC Alert to Consumers: Bathtub Refinishing Products Deadly, EmaxHealth, February 25, 2012

More Blog Posts:
Judge Upholds $20M Massachusetts Products Liability Lawsuit in Woman’s Pool Slide Death, Boston Injury Lawyer Blog, February 22, 2012
Landlords Found Guilty in Quincy Fire that Killed a Father and Two Sons, Boston Injury Lawyer Blog, January 28, 2012
Easthampton Police Officer Faces Forced Retirement After Work Injury, Boston Workers’ Compensation Lawyer Blog, January 17, 2012 Continue reading

February 22, 2012

Judge Upholds $20M Massachusetts Products Liability Lawsuit in Woman’s Pool Slide Death

by Altman & Altman

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

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

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

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

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

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

$20 million verdict upheld in pool slide lawsuit, Boston, February 17, 2012
$20M Verdict Upheld in Massachusetts Pool Slide Lawsuit, Insurance Journal, February 20, 2012

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

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

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

February 21, 2012

MA Supreme Court holds that teens who don’t supply alcohol at underage parties they host cannot be held civilly liable

by Altman & Altman

It’s no secret that high school kids host parties with underage drinking. It’s also no secret that sometimes these parties don’t always end well-news reports of underage drunk driving accidents, and even deaths, speak for themselves. You’re all familiar with the incredibly tragic scenario. A high school party. Underage binge drinking. 3am car crash. The case on which today’s decision was based stems, not surprisingly, from a similar tragic fact pattern that occurred in 2007.

Who can be held responsible? Who pays in liability suit or a wrongful death suit? The teenagers who held the party? The friends or parents who supplied the alcohol? The hurt teenager himself, who was drinking illegally?

The Massachusetts Supreme Judicial court unanimously ruled today that teens who host parties where underage drinking occurs cannot be held civilly liable-usually meaning responsible for monetary damages-if they did not supply the alcohol. The court “reaffirm[ed] that liability attaches only where a social host either serves alcohol or exercises effective control over the supply of alcohol.”

February 7, 2012

Was Enough Done to Protect Brothers Charles and Braden Powell?

by Altman & Altman

In a story making national headlines, the two sons of a missing Utah woman have died in a blast engineered by their father, Josh Powell, who died along with them in Washington State. Powell had lost custody of his two sons, Braden, 5, and Charles, 7, and had just been ordered to undergo psychosexual testing. The tragic ending caps a sad story of a family that entered the media spotlight when Josh’s wife, Susan Cox, disappeared in 2009. Although Josh was never charged in her disappearance, he has remained under investigation.

A social worker had brought the brothers to Josh’s home for a supervised visit. That was when things went awry, as Josh shut her out of his home. It was as the social worker was calling her supervisor to report smelling gas that the residence exploded.

Police have said that Josh first tried to kill the boys with a hatchet. Although they sustained serious injuries from the assault, it was the smoke in their lungs from the gas-infused blast that killed them. In e-mails Josh sent out prior to the murder-suicide, Powell said he couldn’t live without his sons.

January 28, 2012

Landlords Found Guilty in Quincy Fire that Killed a Father and Two Sons

by Altman & Altman

Nearly two years after a Quincy fire at a basement apartment claimed the lives of Oudah Moshah Frawi, 9, and his sons Ali Oudah Frawi, 1, and Hassan Frawi, 2 months, landlords Jason Huang and Andy Huang have been convicted of manslaughter over their deaths. The Norfolk Superior Court jury also convicted the brothers of wanton or reckless violation of state building codes. The Huangs are facing up to 20 years in prison.

The blaze started in the basement apartment where the family’s sofa caught fire. Also injured in the fire was Terri Knight, who was Frawi’s wife and the mother of the two boys. She sustained severe burn injuries to her hand. It wasn’t until three weeks after she was admitted to a hospital, when she woke up from a coma, that she found out her family had perished.

Authorities say that the apartment had been illegally built and lacked a proper escape route and smoke detectors. The building also had four utility meters, even though there were apartment units, and was illegally wired.

Knight later filed a $10M Quincy wrongful death lawsuit against Andy Huang and his wife accusing them of negligent maintenance and other careless acts that are grounds for a Massachusetts premises liability case.

Landlords that fail to make a building safe for tenants can be held liable for Boston premises liability in the event of a fire. Failure to install smoke detectors or fire alarms, establish proper exits, properly maintain electrical wiring, and abide by local, state, and federal safety codes are just some of the reasons why a tenant or his/her family might file a Massachusetts personal injury or wrongful death complaint.

Landlords convicted in blaze, Boston Herald, January 28, 2012
Quincy grocer sues lamp manufacturer in fire that killed man, 2 young sons, Patriot Ledger, July 3, 2010

More Blog Posts:
Quincy Wrongful Death Lawsuit Seeks $10 Million Over Deadly Blaze Inside Illegal Apartment, Boston Injury Lawyer Blog, April 14, 2009
Seven Boston University Students Injured in Allston Apartment Fire, Boston Injury Lawyer Blog, January 22, 2012
Worcester Building that Collapsed During Fire, Killing One Firefighter and Injuring Another, May Have Been Poorly Maintained, Boston Injury Lawyer Blog, December 10, 2012 Continue reading

January 11, 2012

Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol

by Altman & Altman

Six months after River Moore died from liver failure after he was given Children’s Tylenol, his family is suing drug maker Johnson & Johnson for wrongful death. In their dangerous drug lawsuit, they contend that the over-the-counter medication contains too much acetaminophen, which they say caused the two-year-old’s liver damage. The toddler was given the Tylenol for his fever.

Daniel and Katy Moore area accusing Johnson & Johnson of breach of warranty, infliction of emotional distress, recklessness, reckless and willful conduct resulting in death, conspiracy, and other offenses. They are also seeking damages from J& J chief executive officer William Weldon, other company executives, including former J&J Worldwide Chairman Consumer Group Colleen Goggins, three subsidiaries, and the retailers and distributors that dealt with the drug.

The Children’s Tylenol that River was given was part of a batch of medications that J & J recalled the year before. While J & J maintains that doctors, regulators, consumers, and retailers were told about the recall, the Moores believe that the drug manufacturer attempted to keep the recall as low profile as possible and even included a “stealth” strategy that allegedly involved hiring contractors who secretly entered stores that carried the medication and purchased what was in stock to keep public knowledge and dialogue about the safety issues minimal.

Dangerous Drugs
If you or someone you love died because you believe that a drug was dangerous, defective, came with inadequate instructions or warnings, or was inappropriately marketed, you may have grounds for filing a Boston dangerous drug complaint against the manufacturer and others.

Grieving Parents Blast J&J ‘Stealth Recall,’ Courthouse News Service, January 4, 2012
Couple Sues Johnson And Johnson For Death Of Their Son, KvewTV, January 6, 2012

More Blog Posts:
Adverse Reactions to Diabetes Meds, Antiplatelet Drugs, Blood Thinner, and Insulin Linked to Elderly Seniors Ending Up in the ER, Reports New Study, Boston Injury Lawyer Blog, November 26, 2011
Man Awarded $48.1M Dangerous Drug Verdict in Products Liability Lawsuit Over Motrin, Boston Injury Lawyer Blog, October 7, 2011
Boston Personal Injury Lawsuit Blames Prenatal Exposure to DES for Breast Cancer, Boston Injury Lawyer Blog, September 29, 2011 Continue reading