Boston Injury Lawyer Blog

March 17, 2008

Haverhill, Massachusetts Woman Awarded $8.5 Million Verdict for Motorcyclist Husband’s Wrongful Death

Jackie Monahan, a Haverhill, Massachusetts, woman has won $8.5 million in the wrongful death lawsuit against Alexis Ortiz, the 22-year-old driver who was speeding when he killed her husband Larry, 54, who had been riding his motorcycle outside their residence on March 18, 2006.

At his Massachusetts Parole Board meeting last month, Ortiz admitted that he had been drinking on the day of the deadly auto accident. Police estimates that Ortiz had been driving a Saturn sedan at around 81 mph. The car belonged to his father and was uninsured at the time of the accident. The collision left Larry crushed between the car and his motorcycle.

Ortiz, also a Haverhill resident, pled guilty to vehicular homicide and manslaughter charges in March 2007. He was sentenced to 2.5 years in prison sentence. As part of his plea agreement, he was to serve 2 years in jail, 10 years probation, and a 15-year license suspension.

March 14, 2008

Massachusetts Suspends Obstetrician’s Medical License Following Several Medical Malpractice Cases

by Altman & Altman

Medical regulators in Massachusetts suspended the medical license of Dr. Suzanne B. Rothchild, a Winchester Hospital obstetrician. The Board of Registration in Medicine called Rothchild “an immediate and serious threat to public health.”

Since the board’s decision, Winchester Hospital has suspended Rothchild’s medical privileges. The hospital has disciplined her for medical care that she provided on more than one occasion.

The board elected to suspend the 59-year-old obstetrician after examining nine cases alleging that she provided poor medical care. In 2007, her malpractice insurance company, ProMutual Group, refused to insure her new patients.

Since 1993, 12 medical malpractice lawsuits have been filed naming Rothchild as a defendant. Board of Registration records show that she has settled four medical malpractice lawsuits since 2005.

Rothchild settled a malpractice case in 2000 where she was accused of going to lunch at a critical point of her patient’s labor. The baby died soon after delivery of heart and respiratory failure. In another case, She settled a multimillion-dollar settlement with the family of a baby born with brain damage.

Rothschild’s lawyer calls the board’s suspension “unjustified.”

Obstetrician’s malpractice history stretches to Texas; Winchester Hospital slow on incident reporting, PatriotLedger.com, March 14, 2008
State suspends obstetrician’s license, Boston.com, March 13, 2008

Related Web Resources:

Obstetrics and Medical Malpractice, WrongDiagnosis, March 14, 2008
High cost of malpractice insurance threatens supply of ob/gyns, especially in some urban areas, Med.umich.edu, June 1, 2005
Winchester Hospital
Continue reading

March 12, 2008

Woman Sued for Wrongful Death in Deadly Massachusetts Car Accident

by Altman & Altman

A woman who has been charged in the motor vehicle homicide death of a female pedestrian she accidentally struck outside a car wash in Haverhill, Massachusetts, is now the defendant in a wrongful death lawsuit.

The lawsuit was filed by Roger Young, the husband of Robin Young, who was killed last year on June 16 at Hafner’s carwash, located on the Haverhill/Plaistow line.

Robin was wiping down her sport utility vehicle outside the car wash exit when she was struck by Marie Pigaga in a 2000 Mercedes Benz SLK 230 coupe. The motor vehicle jumped a retaining wall before hitting Robin, whose 12-year-old daughter witnessed the deadly collision from inside the SUV.

March 10, 2008

Mother Considers Suing Massachusetts Water Park for Children’s Chemical Burn Injuries

by Altman & Altman

A Connecticut woman is considering filing a personal injury lawsuit for the chemical burn injuries she says that her children sustained while swimming at CoCo Key Water Resort, a Danvers, Massachusetts water park.

Kristen Baker says that her daughter Emily, 9, and son Austin, 11, experienced blisters, rashes, skin burns, and breathing problems after a visit to the resort during a chaperoned girl scout trip. She attributes the injuries to the high levels of chlorine that the children were allegedly exposed to while at the 65,000 square foot indoor park.

Southern New Hampshire Medical Center diagnosed that the kids had chemical burns. Out of the 14 kids that took part in the Girl Scout trip, 12 say they experienced chemical burns.

The resort closed last week after a number of visitors, in addition to Baker’s kids, complained of similar symptoms. Massachusetts public health officials found that the level of chlorine in the water used by the park was 10 to 20 times higher than the minimum requirement. They also found that the park lacked the necessary equipment to test how much chlorine was in the water and that one of the park’s hot tubs lacked a thermometer.

Premise owners are obligated to make sure that their properties are safe for visitors, residents, and patrons. When a hazardous condition exists on a premise that results in human injuries or death, the injured parties can claim damages by filing a premises liability or another type of personal injury claim or lawsuit.

The park will not be reopened until it passes a retest.

Chlorine Exposure
Chlorine is often used as a water purifier and is found in pools and water rides. Exposure to high levels of chlorine, however, can result in injuries, including:

• Coughing • Dizziness • Nausea • Problems breathing • Bluish skin coloring • Chemical burns • Blisters or swelling to the skin • Burning eyes • Severe eye pain • Blurred vision • Burning sensation in the throat • Tissue injury • Vomiting • Pneumonia • Lung collapse
Water-resort injuries may lead to lawsuit, Nashuatelegraph.com, March 7, 2008

Related Web Resources:

CoCo Key Water Resort

Significance of Chlorine in the United States, EPI.state.nc.us
Chlorine, CDC.gov Continue reading

March 8, 2008

Series of School Bus Accidents Raise Issues of Children’s Safety

by Altman & Altman

A recent string of school bus accidents across the United States have caused parents to question the safety of the transportation vehicle normally considered the safest type of transportation for school kids.

Just this week, three people were injured, including one student on Friday near Zoarville, Ohio, when a school bus was involved in a multi-vehicle collision.

On Monday, a Georgia school bus carrying 27 junior and high school students overturned on the drive to school. 11 children were taken to the hospital for medical attention. Injuries included back and neck injuries.

On Tuesday, in Harrisonburg, Virginia, 28 people suffered injuries in a multi-crash collision involving a car and two school buses because the 70-year-old bus driver of one of the buses ran a traffic signal.

Last month, four students died and 14 people were hurt in Minnesota when a school bus struck a van and then a pickup truck before tipping over.

On February 27, five junior high school students were seen by hospital staff because they were involved in a rollover collision that occurred because the driver turned the bus too fast.

The National Highway Traffic Safety Administration says that 25.1 million kids ride 474,000 school buses to and from school throughout the United States. In 2005, 8,000 children sustained injuries in a school bus accident. Some 17,000 kids are treated in emergency rooms because of school bus crashes.

Common causes of school bus-related injuries include:

• School bus crashes • Kids getting off the bus and being struck by the bus or an approaching motor vehicle • Children slipping and falling on the buses • Kids getting hurt when the driver steps on the breaks or turns to quickly

Common causes of school bus accidents:

• Speeding • Driver inattention • Driver inexperience • Lack of driver training • Poor road conditions
Federal law does not require that school buses provide seat belts for kids.

3 injured in TV school bus, car collision, Timesreporter.com, March 7, 2008
Concerns for Kids’ Safety on the Rise After Spate of Yellow Bus Accidents, FoxNews.com, March 5, 2008

Related Web Resources:

National Highway Traffic Safety Administration

National Coalition for School Bus Safety
Continue reading

March 7, 2008

US Government Wants $3.1 Wrongful Death Verdict of Quincy Fisherman Allegedly Killed by James “Whitey” Bulger Overturned

by Altman & Altman

The U.S. government is asking a federal appeals court to overturn a wrongful death verdict awarding $3.1 to the family of Quincy fisherman John McIntyre for his murder. McIntyre was allegedly murdered by FBI Informants James “Whitey” Bulger and Stephen “The Rifleman” Flemmi.

The government says the FBI is not responsible for the actions of their rogue agent, John J. Connolly Jr., who they accuse of betraying them when he notified the two informants that McIntyre was cooperating against them-resulting in the Quincy man’s murder.

The government says that Connolly crossed the line and became a criminal by betraying the FBI. The rogue FBI agent also allegedly received over $200,000 in bribes from Flemmi and Bulger.

February 29, 2008

Supreme Court Considers Whether To Provide Drug Manufacturers Injury Lawsuit Protection

by Altman & Altman

The US Supreme Court heard oral arguments this week in a case that could determine whether drug makers should receive a similar protection from lawsuits to the one the court granted to medical device makers last week.

The main issue, according to Justice Stephen Breyer, is whether a drug, “on balance,” will save people or hurt people. Breyer says he believes that the Food and Drug Administration, and not a jury, is solely responsible for policing the pharmaceutical industry. He expressed concern over allowing a jury of 12 people randomly selected to rule on such lawsuits.

If the Supreme Court rules along with Breyer, thousands of personal injury lawsuits filed against drug manufacturers could be thrown out.

The issue in this case, Warner-Lambert v. Kent, is restricted to examining a Michigan statute that prevents personal injury lawsuits against drug manufacturers unless the injured person can prove that the company purposely kept information from the FDA that would have then barred the drug from the marketplace. A majority of the arguments on Monday centered on whether (and how much) of the Michigan law should be struck down.

The Supreme Court, however, is also scheduled to hear arguments in Levine v. Wyeth. It is during this case that the will be asked to rule on whether FDA approval bars personal injury lawsuits.

Last week, the Supreme Court ruled 8-1 in favor of medical device maker Medtronic Inc. The court said that FDA approval of a medical device trumps state tort lawsuits filed against medical device makers for products that have already passed a rigorous FDA approval process.

The ruling may benefit other medical device manufacturers that have been named in products liability and wrongful death cases by injured patients.

U.S. Supreme Court considers extending protections to drug makers, International Herald Tribune, February 26, 2008
Top court rules for Medtronic in devices case, Washington Post, February 20, 2008

Related Web Resources:

Warner-Lambert Co. v. Kent, Oyez.org
Riegel v. Medtronic, Justia US Supreme Court Center Continue reading

February 28, 2008

Waltham Nursing Home Under Investigation for Problems with Patient Care

by Altman & Altman

Piety Corner Nursing Home, a Waltham, Massachusetts nursing home, has been placed on a federal government list of facilities that have serious issues with patient care. The 34-bed facility must now undergo government reviews more often.

In 2006, Piety Corner was cited for over two dozen violations-eight of which were considered actions that placed patients in immediate danger or harm, including:

• Failing to prevent neglect.
• Failing to prevent abuse.
• Failing to maintain maintenance and housekeeping services.
• Failing to promote and enhance quality of life.

Piety Corner also reportedly has failed to properly notify residents and their family members and physicians of changes in patient care and of any accidents that occurred. In one incident, Piety Corner reportedly failed to quickly notify the doctor of a resident of medical test results.

In 2005, a complaint was filed against the facility for its unnecessary use of physical restraints during medical care. Another complaint was filed because residents were not given sufficient liquids to stay properly hydrated.

Piety Corner must pass garner satisfactory results on three surveys in a row.

Nursing home abuse and neglect is an unfortunate problem that occurs in Massachusetts and the rest of the United States. Residents at nursing homes and other resident care facilities are entitled to a certain quality of medical and personal care. When failure to receive this care leads to abuse or neglect, a nursing home resident may be entitled to personal injury compensation.

Common kinds of abuse and neglect include:

• Medical neglect, including failure to provide proper and timely medical care • Physical neglect, including failure to assist in personal hygiene, create a clean living space, or properly freed or hydrate • Physical assault • Sexual Assault • Overmedication • Unnecessary physical restraints • Unnecessary medical restraints
Patient care in question at nursing home, DailyNewsTribune.com, February 14, 2008
Waltham nursing home added to list of problem facilities, Boston.com, February 12, 2008

Related Web Resources:

Nursing Home Abuse and Neglect

1987 Nursing Home Reform Act

Piety Corner Nursing Home, Hospital-Data.com Continue reading

February 27, 2008

Judge allows $105 Million Wrongful Death Lawsuit Against NBC’s ‘Predator’ for Suspect’s Suicide

by Altman & Altman

A federal judge is allowing a $105 million wrongful death lawsuit against Dateline NBC: “To Catch a Predator” to proceed. The lawsuit, brought by Patricia Conradt, alleges that her brother, Dallas prosecutor Louis William Conradt Jr. committed suicide because a sting operation accused him of having an online sexual conversation with someone pretending to be a 13-year-old boy.

Patricia is also accusing NBC of “steamrolling” police into arresting Louis, 56, after he did not appear at the sting operation site. She is blaming NBC for causing her brother’s suicide and ruining his reputation.

NBC conducts the sting operation with Perverted Justice. Police officers pose as underage kids during the chats. The disguised officers try to persuade the men to come to a house with hidden cameras under the pretense that they will be having is sex together. At the house, the program’s host confronts them and police make their arrests.

February 22, 2008

Boston Couple Sues Funeral Home for Losing Stillborn Baby’s Remains

by Altman & Altman

In Suffolk County Superior Court in Massachusetts, the civil trial between a Boston couple and J.S. Waterman and Sons funeral home began on Thursday. Robert and Therese Bellisimo Benedict are suing the Boston funeral home for losing their stillborn son’s remains and possibly cremating him with the body of an adult woman.

The boy, named Lourdes, was a twin who died in Therese’s womb at Brigham and Women’s Hospital in April 2003. His brother, Cole, survived.

The Benedicts retained the services of the funeral home to take care of their son’s remains while they took care of Cole, who had been born premature. A casket was purchased for the body, and they intended to eventually lay their son to rest in an Everett cemetery.