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Long known for the dependability of its strollers, manufacturer Maclaren may find that its reliable reputation has been tarnished following reports that 12 kids have suffered fingertip amputations while using its strollers. This week, Maclaren along with the Consumer Product Safety Commission, announced the recall of some 1 million strollers over concerns that fingertip amputations and lacerations can occur.

The children were injured when they placed their fingers in the stroller’s hinge mechanism when it was either being opened or secured. Nine models are included in the mass recall of products, which consists of both double and single umbrella strollers.

Recalled models are those made available in the US between 1999 and 2009: Easy Traveller, Twin Techno, Twin Triumph, TechnoXLR, Techno XT, Quest Mod,Quest Sport, Triumph, and Volo.

Parents and guardians are being told to stop using the strollers immediately and to contact Maclaren for a free repair kit.

Boston Products Liability
Injuries caused by a design flaw, a manufacturing defect, or a product malfunction can be grounds for a Boston products liability lawsuit. If the injured party is a minor, a parent or guardian will have to file the Boston injuries to minor complaint for damages.

Unfortunately, product manufacturers do make mistakes. It’s even more unfortunate for the infant or child who has been hurt because of such errors.

While recalls are a good way to find out about the dangerous defect before an injury or death occurs, in many cases someone will have already gotten hurt before a product defect is discovered and a recall is announced.

Maclaren’s Stroller Recall: A Stumbling Response Online, Time, November 9, 2009
Maclaren USA Recalls to Repair Strollers Following Fingertip Amputations, CPSC, November 9, 2009
Related Web Resources:
Maclaren

Kids in Danger
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A 2009 poll conducted by the National Sleep Foundation reports that in the last year, up to 1.9 million US motorists have either been in a motor vehicle accident or were nearly in an auto collision because they were drowsy while driving. 105 million motorists admitted that they’ve driven while sleepy in the last year, while 54 million drivers say they drowsy drive at least once a month.

What many of these drivers don’t understand is that drowsy driving is extremely dangerous. It one of the most common causes of traffic crashes. The National Transportation Safety Board says that 250,000 US drivers a day fall asleep while operating a vehicle. This causes 60,000 serious injuries and 8,000 deaths a year.

Boston car crashes, truck accidents, bus collisions, and pedestrian accidents are not the only kinds of traffic collisions caused by drowsy driving. The NTSB recently announced that drowsy driving was the likely cause of the deadly MBTA train crash in Newton last year involving two green line trains. The safety board says train operator Terese Edmonds may have fallen asleep at the wheel. She may have been suffering from obstructive sleep apnea.

Excessive sleepiness can impair a motorist, resulting in slower reaction times, distracted driving, decreased cognitive performance, various mood swings, and slowed reflexes. These side effects can prove tragic on the road, where a motorist may have a hard time driving in a straight line, fail to notice exit signs, miss traffic signs, and not realize that he or she is tailgating the vehicle ahead.

While it is tragic that so many people are injured in motor vehicle crashes caused by drowsy drivers, the good news is that drowsy driving accidents are preventable.

The National Sleep Foundation has declared November 2-8 Drowsy Driving Prevention Week. The intention is to make more motorists aware about the dangers associated with drowsy driving and falling asleep at the wheel.

1.9 Million Drivers Have Fatigue-Related Car Crashes or Near Misses Each Year, Reuters, November 2, 2009
Drowsy-driving tragedies preventable, Boston.com, August 3, 2009

Related Web Resources:
National Sleep Foundation

Drowsy and Distracted Driving, NHTSA Continue reading

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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.

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Just when you thought ghosts and goblins were your worst worries on Halloween, now there is news that there may be other dangers lurking in the shadows on an evening that should be best known for candy, trick or treating, and costumes.

The Food and Drug Administration is warning parents to be very careful when selecting a face paint for children to use. While a painted mask, as opposed to an actual mask, can make it easier for the wearer to see through, new findings indicate that some of the more popular face paints are made with toxins that are bad for the health and may even cause serious injuries.

According to the Campaign for Safe Cosmetics, the 10 face paints it examined all tested positive for lead. Nickel, chromium, and cobalt were found in several of the paints.

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A teen driver has been charged with speeding and motor vehicle homicide over a fatal Boxford car crash that killed his friend last night. The single-auto collision claimed the life of 18-year-old Michael Doherty after the car they were riding struck a tree. The driver, 18-year-old Evan Wiendczak, survived the Massachusetts car accident with injuries.

The two teenagers were classmates at Masconomet Regional High School.

2008 Young Drivers (Ages 15 – 20) Facts (NHTSA):

• 58 people were killed in Massachusetts car crashes involving young drivers.
• 31 of the Massachusetts traffic crash victims were young drivers.
• 17 of the fatality victims were riding in the young drivers’ autos.
• 10 of the people that died were passengers in the other vehicles.
• Nationally, 5,864 young drivers were involved in deadly car accidents.
• 2,739 of these drivers died.
• 228,000 other young drivers were injured.

Motor vehicle crashes continue to be the number one cause of deaths for people ages 15 – 20. Driver inexperience, texting while driving, cell phone use while operating a car, drunk driving, speeding, distracted driving, defective auto parts, and poor road conditions are some of the leading causes of teen car accidents.

If you or someone you love was seriously injured in a Massachusetts car accident because a driver behaved recklessly, carelessly, or negligently, you should consult with a Boston injury law firm about your case as soon as possible.

It is important that you do not speak with the other party’s insurer or attorney before speaking with a Boston car crash lawyer first.

Teen killed in crash, classmate charged, MyFoxBoston, October 26, 2009
High School Senior Killed In Crash, The Boston Channel, October 26, 2009
Young Drivers, 2008 Traffic Safety Fact Sheet, NHTSA (PDF)

Related Web Resources:
Teen Drivers, Massachusetts Registry of Motor Vehicles
Teen Drivers, CDC Continue reading

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The mother of Makayla Hayes, 1, is suing the 93-year-old Peabody driver for the little girl’s injuries. Louis Vesprini accidentally drove his car into a Danvers Wal-Mart in June. Alaina Hayes, a Gloucester resident, was pushing her daughter in a stroller when the Massachusetts car accident happened. Makayla fractured her jaw and her skull.

Louis Vesprini reportedly stepped on the gas pedal instead of the brake when trying to park his car. He drove through two red posts before crashing through the Wal-Mart’s exit doors.

Now, Alaina his seeking unspecified damages from Walmart and the 93-year-old Massachusetts driver. While Wal-Mart obviously did not cause the Danvers car accident, the safety barriers it set up to keep cars from driving into the department store were allegedly spaced incorrectly.

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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.

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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
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An 84-year-old woman sustained serious injured last week when she was struck by an SUV on Boston Street. Laura Camara was in the crosswalk when the Salem pedestrian accident happened.

Police have cited William Conway, the driver of the sport utility vehicle, for negligent operation and failure to yield to a pedestrian. He says that he didn’t see Camara. Conway told police he thought the driver of a landscaping truck that was stopped at the crosswalk was directing him to turn. The truck driver, however, says he was actually signaling Camara to cross the street.

The elderly pedestrian sustained bruises, abrasions, and a head gash during the Massachusetts traffic accident. She was initially transported to Salem Hospital and then later flown to Boston where she was admitted to Beth Israel Deaconess Hospital. Camara’s son says her injuries are complicated by the fact that she has a heart condition and is being treated with blood-thinning medication.

The crosswalk where the Salem pedestrian accident occurred is located in an area that has been a common site for traffic crashes. Police records indicate that there have reportedly been 24 traffic crashes close to this intersection since 2004. Seven people reported injuries. In about 12 of these Salem motor vehicle accidents, a driver was attempting to turn left from Aborn onto Boston Street.

Often, on the section of Boston Street that runs from Howley to Aborn, drivers will pass other vehicles or go into another lane so they can turn. There are cars parked on the side of this busy street.

Although Massachusetts motorists are responsible for driving safely, it is up to those charged with designing roadways to make sure that there are no hazards or conditions that can cause pedestrian accidents, truck crashes, car collisions, bicycle crashes, motorcycle accidents, or bus crashes. Getting hit by a car, a motorcycle, a bus, or a large truck can result in serious injuries for the pedestrian.

More than 20 accidents near crossing where woman hit, The Salem News, October 12, 2009
Elderly Woman Hit by Car in Salem, WBZ, October 8, 2009
Related Web Resources:
Walking or rolling, safety rules, Boston.com, October 11, 2009
Focusing on the Senior Pedestrian, Federal Highway Administration Continue reading

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In Bristol County, Massachusetts, District Attorney Sam Sutter announced that the 100-year-old woman who was found dead in her bed at a Dartmouth nursing home on September 24 was strangled. Elizabeth Barrows was a resident at the Brandon Woods nursing home. Now, the medical examiner’s office is ruling her death a homicide.

Barrow was found in her bed with a plastic bag over her head. Investigators at first thought that she committed suicide, but autopsy findings indicate that she died from asphyxiation caused by manual strangulation.

The Dartmouth, Massachusetts nursing home is working with the authorities on this case. Barrow’s relatives say that because of an error in communication, a press release was issued announcing that her death was a homicide before the family was notified.

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