Boston Injury Lawyer Blog

October 8, 2010

87-Year-Old Waltham Woman Injured in Massachusetts Car Accident with Police Cruiser

An 87-year-old driver sustained serious injuries after a Waltham police car struck her vehicle on Wednesday. The cruiser was being driven by Officer Linda Moschner, who was headed to an assisted living facility in response to a 911 call.

The elderly woman was about to turn left when the police car struck her red Buick LeSabre on the driver’s side. This caused the 87-year-old to lose control of the car, which then glided across the road and through a stop sign before crashing into a Verizon wirebox and a guardrail.

The woman was unconscious but breathing at the Waltham car crash site. The Jaws of Life had to be used to get her out of the car. Police say she wasn’t wearing a seatbelt.

Police are investigating the cause of the traffic collision.

In other Massachusetts auto accident news, seven children were hurt on Tuesday in a Long Meadow school bus crash. The collision happened when the small bus they were in was rear-ended by another car at a red light that had just turned green. The bus driver had started up the car again but suddenly braked while waiting for a pedestrian to exit the crosswalk.

All seven children, ages 11-14, were treated at Bay State Medical Center for minor injuries. Many of them experienced neck pain.

In an unrelated Massachusetts auto accident, a Mashpee woman who was hurt in a Dartmouth car accident early Sunday sustained a serious head injury. 24-year-old Jaemilly I. Torres was a passenger in the 2005 Acura that hit a utility pole. Three others in the vehicle sustained minor injuries.

The car’s driver, 23-year-old Falmouth resident Nicholas O. DePina, has pleaded not guilty to serious bodily injury, operating under the influence of alcohol, operating to endanger, alcohol in a motor vehicle/possession of an open container, failure to operate within marked lanes, speeds greater than reasonable or proper, and racing.

Injured crash victim identified as Barnstable High grad, Cape Cod Time, October 5, 2010
Seven children injured in W. Mass. school bus crash, Boston.com, October 5, 2010
Elderly woman unconscious after crash with Waltham police cruiser, Wicked Local, October 6, 2010

Related Web Resources:
Waltham Police Department

Department of Transportation, Massachusetts.dot.gov Continue reading

October 6, 2010

Preventing Massachusetts ATV Accidents: Kids Under 14 Now Banned from Operating ATVs

by Altman & Altman

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

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

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

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

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

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

Study: Brain, Spinal Injuries Due to ATV Use Rise by 50%, ClaimsJournal.com, October 5, 2010
ATVs more deadly than motorcycles, MSNBC, October 6, 2010
Related Web Resources:
ATV Laws By State, CampingATV.com
ATV-Related Deaths and Injuries for All Ages, 1985-2008, ATV Safety.gov Continue reading

September 30, 2010

Fisher-Price Recalls Over 10 Million Toys

by Altman & Altman

Fisher-Price Inc. and the US Consumer Product Safety Commission are recalling over 10 million children’s toys because they pose a serious injury risk to kids.

Included in the recall:

• About 7 million Fisher-Price Trike and Tough Trike toddler tricycles: Fisher-Pricea nd CPSC know of at least 10 injury incidents, including six female toddlers who needed medical care after falling on the pretend plastic ignition key, which is located in front of the tricycle seat. A child that sits or falls on or hits the pretend ignition key risks serious injuries, including genital bleeding. 14 models are included in this recall. Another 150,000 tricycles are being recalled in Canada.

• Approximately 2.8 million Fisher-Price toys with inflatable balls:

–Baby Playzone™ Crawl & Slide Arcade™
–Baby Playzone™ Crawl & Cruise Playground™
–Baby Gymtastics™ Play Wall –Ocean Wonders™ Kick & Crawl Aquarium™
–1-2-3 Tetherball™
–Bat & Score Goal™

Another 125,000 of these toys are being recalled in Canada.

The valve of the inflatable ball that comes with these toys for infants can come off and become a choking hazard. There are 46 reports of the valve coming off in the US. During 14 incidents, the valve was discovered in a child’s mouth. Three of the kids started to choke.

• About 100,000 Fisher-Price Little People Wheelies Stand ‘n Play Rampway: If a wheel from one of the cars comes off, it could pose a choking hazard to young children.

• Approximately 950,000 Healthy Care, Easy Clean and Close to Me High Chairs: The pegs on the rear legs of the chairs can cause laceration injuries. The high chairs are also made by Fisher-Price.

There have been 14 reports of such incidents. Seven of the children involved needed stitches. Another 125,000 of the high chairs were recalled in Canada.

Boston Products Liability
Product designers, manufacturers, sellers, and others involved can be held liable for Boston products liability or wrongful death if their product was poorly designed, has a manufacturing defect, came with inadequate operating or assembly instructions, or did not warn about possible dangers and risks associated with using the product. In Massachusetts, a product manufacturer who didn’t do anything negligent can still be held liable if the plaintiff can prove that a product was defective or dangerous enough to cause serious Boston personal injury or death.

The Fisher-Price Recall: More than 10 Million Products, CPSC, September 30, 2010
Fisher-Price recall is complex. Here’s how to sort it out, Christian Science Monitor, September 30, 2010

Related Web Resources:
SafeKids USA

Products Liability, Cornell University Law School Continue reading

September 29, 2010

Defective Medical Device?: DePuy Hip Replacement Recall Leads to Products Liability Lawsuits

by Altman & Altman

A recent recall of DePuy Orthopedics, Inc.’s Sr XL Acetabular Hip Replacement and ASR Hip Resurfacing Systems products could impact the approximately 93,000 people that have been implanted with one of these medical devices. The recall was announced after the National Joint Registry reported that 1 out 8 patients that had undergone a hip replacement procedure with one of these DePuy products had to go through another procedure within five years.

FDA Adverse Event Reports notes that in just the last two years, the regulatory agency has received over 400 reports involving the DePuy ASR products. The issues appear to be caused by design defects that can result in hip failure or other complications, including bone fractures, dislocation of the implant parts, or the loosening of the hip implant. The metal particles from the implant can also shed into the body, causing other health issues, including bone and tissue damage.

Signs that you may be experiencing problems with your DePuy ASR hip replacement include:

• Hip swelling • Hip pain • Difficulties walking
Learning to use any kind of hip replacement product is challenging enough without compounding any difficulties with further problems that could result in a second surgery or other health issues. Many patients that use a DePuy hip replacement device are older and may be suffering from other health issues, which makes them more vulnerable to complications anytime they have to undergo surgery. Already, there are plaintiffs seeking products liability compensation for their DePuy hip replacement injuries. DePuy Orthopedics is owned by Johnson & Johnson.

You may have a Boston products liability case on your hands
DePuy Orthopaedics Voluntarily Recalls ASR(TM) Hip System, Johnson & Johnson, August 26, 2010

Related Web Resources:
ASR Hip System Recall Guide, DePuy
Hip Replacment
Continue reading

September 28, 2010

Boston, Massachusetts Wrongful Death Lawsuit Filed Against MIT and Delta Upsilon Fraternity for Student’s Fatal Fall

by Altman & Altman

According to The Tech, Massachusetts Institute of Technology’s oldest newspaper, the parents of Robert M. Wells have filed a Boston wrongful death lawsuit against MIT and the Delta Upsilon fraternity. Wells, a 22-year-old MIT student, died in 2008 after falling five stories from the DU fraternity and sustaining skull fractures, blunt impact to his head, brain contusions, lacerations, subarachnoid hemorrhage, and other injuries.

Michael and Laura Wells are alleging 26 counts of Suffolk County, Massachusetts wrongful death. They claim that the defendants did not remedy or warn about the condition of Wells’ living quarters, which had a heating system that was hard to control and had just one “unreliable thermostat.” As a result, the DU brothers would open the windows during the winter to regulate the temperature in their bedrooms.

However, per the lawsuit, all of the windows on the upper floor of the fraternity lacked bars, screens, locks, or other safety devices. Wells, a DU brother, fell after opening the window next to his bed.

September 24, 2010

Clergy Sexual Abuse Lawsuit: Victim Sues the Pope

by Altman & Altman

A man who claims he was sexually molested by the headmaster of St. John’s School for the Deaf when he was a student there is suing the Vatican and Pope Benedict for clergy sexual abuse. Terry Kohut, who is deaf, says he was molested and assaulted by Father Lawrence C. Murphy, who was head of the boarding school from 1950 to 1974. Per CNN, Kohut, now 60, is the first plaintiff to sue Pope Benedict for clergy sex abuse.

Pope Benedict, previously known as Cardinal Joseph Ratzinger, used to head the Vatican’s Congregation for the Doctrine of the Faith. The CDF was tasked with investigating clergy sex abuse allegations involving minors. Per church records, Murphy molested and raped up to 200 deaf boys.

In Kohut’s sexual assault complaint, Kobut says that the Vatican’s “policy of secrecy” and attempts to cover up the child sex abuse incidents contributed to causing him and others to become Murphy’s victims. Murphy allegedly would walk through the school’s dorm and rape and sexually assault boys in their bed. According to church documents, he also molested and assaulted victims in the church’s confessional.

September 21, 2010

To Decrease the Number of Massachusetts Motor Vehicle Crash Deaths and Injuries the State is Banning Texting While Driving

by Altman & Altman

In 10 days, it will be against the law to text message while driving in Massachusetts. Teen drivers under age 18 won’t be allowed to use mobile electronic devices at all. Emailing and using the Internet while driving will become illegal for everyone.

Meantime, the US Department of Transportation is continuing its nationwide campaign to stop distracted driving. Today, US Transportation Secretary Ray LaHood opened the Second National Distracted Driving Summit today in Washington DC. At the conference, legislators, transportation officials, researchers, automakers, law enforcement, and survivors of distracted driving crashes are addressing not just texting while driving but also other tasks that motorists have been known to do while driving, such as putting on makeup, eating, and toying with other electronic devices. Also this week, the US Department of Transportation released its 2009 data on distracted driving accidents.

2009 US Distracted Driving Facts:

• 959,000 US motor vehicle crashes last year reportedly involved distracted drivers.
• LaHood notes the actual number of distracted driving crashes could be a lot higher. Many incidents go unreported and police in many states don’t document when driver inattention is a factor in causing a collision.
• 4,898 of these auto crashes resulted in at least one fatality.
• There were 5,474 distracted driving-related deaths.
• Distracted driving was a factor in 16% of the total US traffic crash deaths in 2009.
• Some 500,000 auto crash injuries occurred during distracted-driving related accidents.

While the number of distracted driving-related traffic deaths did go down by 6% between 2008 and 2009, LaHood says that the latest figures still show that driving while multitasking continues to remain an epidemic. Just this year, the National Safety Council, in its January study, found that at least 200,000 US traffic crashes annually are caused by drivers while they text. Another 1.4 million collisions involve motorists using cell phones.

Massachusetts will be the 30th US state to pass a statewide ban on texting.

Boston motor vehicle crashes involving distracted driving have already claimed one too many lives.

As ban nears, state spreads word against driver texting, Boston.com, September 21, 2010
U.S. Transportation Secretary Ray LaHood Kicks Off Second National Distracted Driving Summit, NHTSA, September 21, 2010
Distracted-Driving Deaths Fall 6%, Remain at `Epidemic’ Level, U.S. Says, Bloomberg, September 20, 2010
Related Web Resources:
Distracted Driving Summit, Distraction.gov
Cell Phone Laws, Insurance Institute for Highway Safety
National Safety Council
Continue reading

September 21, 2010

Helicopter Crash in Halifax Leaves Pilot Seriously Injured

by Altman & Altman

Over the weekend, a pilot crashed the helicopter he was operating into a swamp near the MBTA’s commuter rail station in Halifax. As a result of the accident, the pilot suffered from broken bones and serious burns.

According to the authorities, the helicopter was “experimental” and may have been built from a kit.

The aviation accident occurred shortly before 1:30 p.m. on Sunday afternoon. The injured pilot has been identified as a 50-year-old resident of Scituate.
Continue reading

September 17, 2010

Massachusetts Fall Accident: Burlington Deck Collapse Injures Six

by Altman & Altman

According to a Burlington fire official, six people were injured yesterday afternoon when a deck collapsed at a local home. They had gathered at the residence following a funeral when the deck that they were standing on detached from the residence, falling eight feet.

Four of the injured were taken to hospitals for treatment of cuts, scrapes, and possible broken bones following the Massachusetts fall accident. Two people received treatment at the scene.

A local building inspector is investigating the Burlington, Massachusetts deck collapse. It appears as if the wooden deck rotted away at the section where it connects to the home. Fortunately, no one was standing underneath the deck.

Deck Collapses
Unfortunately, deck collapses are not uncommon. According to the North American Deck and Railing Association, since 2003 thousands of people have been injured and a number of others killed in deck collapse accidents. It is the responsibility of the parties that construct decks to make sure that they are made safely and without defects that could make them a danger to those standing on or under a deck. It is a property owner’s responsibility to make sure that a deck doesn’t pose a Massachusetts premises liability to others. Decks must also be properly maintained to ensure that they stay safe.

Common causes of deck collapses:
• Rotted wood • Corroded hardware • Missing or weak connections • Excessive weight • Poor manufacturing • Failure to meet certain standards of safety
Deck collapses can result in serious injuries for those involved. A person standing on a deck that collapses risks sustaining scrapes, bruises, broken bones, internal injuries, traumatic brain injuries, back injuries, and other injuries. A person standing underneath a collapsing deck may sustain head injuries, crush injuries, or spinal cord injuries. Death is also a possibility in both scenarios.

Several Injured In Deck Collapse, WCVB Boston, September 16, 2010
6 hurt in Burlington deck collapse, Boston Herald, September 16, 2010

Related Web Resources:
North American Deck and Railing Association

Proving Fault in Accidents on Dangerous or Defective Property, Nolo Continue reading

September 16, 2010

Summerville Man Injured by Street Sign at the Scene of a Fire

by Altman & Altman

This past week, a Summerville man was rushed to the hospital after being struck by a street sign at the scene of a fire.

The Summerville resident peered out of his house to observe a fire at a neighbor’s house when he was struck in the head by the street sign. The incident took place on Fisk Avenue in Summerville.

A city spokesman outlined the events which lead to the man’s injury: The first fire truck that arrived at the fire attached a hose to a hydrant around the corner from the house. The second fire truck that arrived at the scene drove over the hose, which then wrapped around the axle of the truck.
Continue reading