Boston Injury Lawyer Blog

Investigators Look at Pool Fence in Westborough Drowning Death

Wed, 16 May 2012 12:24:39 -0600

Investigators are trying to determine how a 4-year-old boy with autism managed to get into his apartment complex swimming pool on his own and drown. Alexie Lepoer was found in the water on Mother’s Day.

At the time of the Westborough drowning death, which occurred at the Park Village West complex, the pool had not yet been opened for the swimming season and the water was murky. It had been uncovered about a week before the accident so that it could be cleaned and treated.

Although the pool is surrounded by a chain-link fence that was constructed in the 1970’s, authorities believe that Alexie may have gotten into the water by crawling under a section of the fence that had come loose—just big enough for someone his size to be able to crawl through. Town investigators are now looking at other pools in the area with similar fencing.

Pool owners are supposed to make sure that their swimming pools and hot tubs are not accessible to kids during off hours or when the pool is closed for the season because usually that is when no one is around to supervise, which can increase the chances of a Massachusetts pool drowning.

Steps a pool owner can take to secure a pool:

• Use a pool cover that can be locked or is rigid and motorized and cannot be rolled open otherwise.
• Make sure the fence is high enough and made of materials that cannot be easily scaled and that its slats are narrow enough that a child cannot squeeze through them
• Install locks on pool gates
• Install alarms on pool doors
• Remove aboveground pool ladders and steps when the pool isn’t in use
• If the pool is inflatable, empty it of any water when not in use
• Make sure pool drains meet federal safety standards.
• Keep the water clean and free of debris so it is easier to spot anyone who might have gone under.

Our Boston injury lawyers represent families with Massachusetts premise liability lawsuits and wrongful death cases against the owners of properties where a pool drowning occurred.

Westborough drowning victim was severely autistic, Boston.com, May 15, 2012

Boy's death prompts inspection of Westboro pool fencing, NECN, May 14, 2012

More Blog Posts:
Massachusetts Swimming Pool Death: State Report Released on Woman’s Fatal Fall River Drowning, Boston Injury Lawyer Blog, April 20, 2012

Boy Dies Following Shrewsbury Drowning Accident at Summer Camp, Boston Injury Lawyer Blog, July 29, 2011

Truro Man’s Family to Sue Provincetown for Man’s 2008 Massachusetts Drowning Death, Boston Injury Lawyer Blog, August 14, 2010

Lap-Band System Device Maker Allergan Gets Gov't. Subpoena Following Patient Deaths and Allegations of Negligent Marketing By 1-800-GET-THIN

Mon, 14 May 2012 16:24:28 -0600

The US Department of Health and Human Services has sent Allergan Inc. a subpoena requesting documents related to the Lap-Band System. This medical device, which has been approved to help people who are obese lose weight, has come under fire over reports that it has been involved in a number of patient deaths. There are lingering questions not only about the safety of this medical device but whether it has been poorly marketed to consumers.

In Massachusetts, if you believe that your injuries, health complications, or the death of a loved one were a result of a Lap-Band procedure gone awry, problems with the implant after its insertion, or having received inadequate information about the possible risks and complications involved from using this device, our Boston injury lawyers want to hear from you.

The lap band, which is inflatable, is surgically inserted into the stomach and can be loosened or tightened to either increase or reduce stomach capacity. Some of the problems linked to lap-bands:

• The lap band may slip from its designated placement in the stomach. If the band gets pushed down, this may create a barrier that can make it hard for food to pass through. Emergency surgery may be required.

• Lap band erosion. This may cause the body try to get rid of it. Surgery to remove the medical device may be necessary.

• Lap band breakage or deflation

• Port issues

• Other surgical or device complications

Earlier this year, Allergan announced that it would no longer sell the Lap-Band system to clinics affiliated with 1-800-GET-THIN, a marketing company that has gotten a lot of people interested in this device (especially in Southern California where so many people feel the pressure to be thin). 1-800-GET-THIN had been engaged in aggressive TV, Internet, radio, and billboard campaigns promoting the Lap-Band procedure as a great way to lose weight.

However, in the wake of the fatalities, the US Food and Drug Administration has taken action against 1-800-Get-Thin and eight surgical centers for allegedly misleading ads that failed to warn about potential side effects and other dangers. There also have been allegations from former employees of some of these surgical centers claiming that the Lap-Band procedure was performed on some patients who didn’t need it.

You may have a Boston products liability lawsuit on your hands.

Allergan Gets Subpoena From Government Over Lap-Band System, The Wall Street Journal, May 7, 2012

FDA issues Warning Letters for misleading advertising of Lap-Band, FDA, December 13, 2011

More Blog Posts:
New FDA Analysis Suggests Exercising Caution About Using Fosamax Long-Term, Boston Injury Lawyer Blog, May 11, 2012

Pradaxa Lawsuit Claims Drug’s Side Effects Caused Woman to Bleed to Death, Boston Injury Lawyer Blog, April 30, 2012

Another Boston Injury Lawsuit Blames DES Drug for Causing Newton Woman’s Breast Cancer, Boston Injury Lawyer Blog, January 30, 2012

New FDA Analysis Suggests Exercising Caution About Using Fosamax Long-Term

Fri, 11 May 2012 17:36:27 -0600

The Food and Drug Administration has published an analysis in the New England Journal of Medicine about the long-term use of Fosamax. The bone-building drug has recently come under fire following reports that it has caused a number of women to develop weaker bones and other serious health complications, such as osteonecrosis of the jaw, atypical thigh fractures, and esophageal cancer. In recent years, the number of Fosamax lawsuits and other injury claims blaming bisphosphonates has grown.

While the FDA isn’t recommending against the long-term use of bisphosphonates, it is voicing concerns about the potential risks involved from taking this type of medication for too long. To investigate further, the federal agency looked at data from women who had been taking bisphosphonates for six to 10 years. Its analysis found that there wasn’t a lot of benefit from taking bone-building drugs after three to five years. However, rather than make a recommendation about whether long-term use is wise or necessary, the FDA’s report noted that this decision should be determined on an individual basis based according to the risks and benefits for each patient.

In its report, The FDA did say that women who have a bone density that is close to normal or have a low fracture risk might be good candidates to stop using bisphosphonates after three to five years. The federal agency also reported that older patients with a bone density that is in the osteoporotic range and are considered high risk for developing fractures could benefit from continuing to take these medications over a longer period of time.

Our Boston injury lawyers represent clients with Massachusetts dangerous drug cases with products liability claims against manufacturers. Medications are supposed to help, not hurt a patient. Serious side effects should be more the exception than the norm.

FDA Still Cautious About Bone Drugs, ABC News, May 10, 2012

Bisphosphonates for Osteoporosis — Where Do We Go from Here?, The New England Journal of Medicine, May 9, 2012

More Blog Posts:
Pradaxa Lawsuit Claims Drug’s Side Effects Caused Woman to Bleed to Death, Boston Injury Lawyer Blog, April 30, 2012

Another Boston Injury Lawsuit Blames DES Drug for Causing Newton Woman’s Breast Cancer, Boston Injury Lawyer Blog, January 30, 2012

Aspirin Causes Some People More Harm than Good, Says Study, Boston Injury Lawyer Blog, January 21, 2012

Newton, Massachusetts Premises Liability Lawsuit Over Falling Tree Branch Accident Can Proceed, Rules SJC

Tue, 08 May 2012 09:47:14 -0600

The Massachusetts Supreme Judicial Court says that a man's personal injury lawsuit against the city of Newton over a falling tree branch accident can proceed. The state's highest court's ruling rejected the city's appeal claiming that the recreational use statute protects Newton from being sued for the plaintiff's injuries. However, the SJC's ruling does not answer the question of whether Newton can actually be held liable for these injuries.

The plaintiff, 52-year-old Edward Marcus, shattered his shoulder blades and fractured two of his ribs when a tree branch landed on his back on July 8, 2007. At the time, he was seated in the shade below some trees at McGrath Field while waiting to go up to bat during a Coed Jewish Sports-organized softball game. (The field is owned by the city of Newton. However, according to the city, it doesn’t own the tree, which is rooted in land that belongs to Temple Shalom. Marcus’s Newton personal injury lawyer has countered that seeing as the branch was hanging over public property, it posed a hazard that the city should have remedied.)

Under Massachusetts’ recreational use statute, a property owner that lets the public use the land for recreation without charging a fee isn’t liable for property damage or personal injury unless it engaged in conduct that was “willful, wanton, or reckless." The SJC’s ruling in this Newton premises liability lawsuit was impacted by whether or not it considered the registration payment that Marcus paid to participate in the softball game to be a “fee” collected by the city.

Marcus had paid $80 to Coed Jewish Sports to become a member of the league. The registration fee went toward the purchase of a permit for him from the city of Newton. Although the city had argued that the permit cost was not an admission fee to play on McGrath Field, the SJC ruled that even though Marcus did not directly pay the city any money he had paid Newton for the permit through Coed Jewish Sports. The SJC also noted that the falling tree branch accident occurred on city property during a time that was reserved by the permit.

In the wake of the SJC’s ruling, Marcus can pursue his case in Middlesex County Superior Court.

Massachusetts Premises Liability
If you believe that you or someone you love was injured on another party’s property due to the latter’s negligence, please contact our Boston injury lawyers to find out whether you have grounds for a civil claim.

Man hurt by falling branch can sue city of Newton, SJC rules, Boston.com, May 7, 2012

Massachusetts Recreational Use Statute

More Blog Posts:
Landlords Found Guilty in Quincy Fire that Killed a Father and Two Sons, Boston Injury Lawyers Blog, January 28, 2012

$7.7M Boston Personal Injury Verdict Awarded to Boiler Repairman Burned by Defective Water Heater, Boston Injury Lawyers Blog, October 6, 2011

Boston Fall Accident Through Building Shaft Claims Woman’s Life, Boston Injury Lawyers Blog, September 12, 2011

Massachusetts Workers’ Compensation: Boston Slip and Fall Accidents Can Cause Serious Injuries on the Job

Sat, 05 May 2012 14:24:04 -0600

If you’ve been injured in a Boston slip and fall accident, you could be entitled to both Massachusetts workers’ compensation benefits and third party compensation. Our experienced Boston injury lawyers can help with both types of claims.

Although you generally cannot sue your employer for injuries sustained on the job, you should be entitled to work injury benefits even if you caused the accident. You will want to file your work injury claim as soon as possible. However, unfortunately, it isn’t always an easy process that is free from complications, which is why it is a good idea to retain a Boston, Massachusetts workers’ compensation law firm that can make sure you get not just all of the benefits that you are entitled to, but also that you are paid in a timely manner and without unwarranted delays. (There are insurers that will try to argue that your injury or illness wasn’t from your job. This is just one of the reasons why having legal representation is to your benefit.)

Massachusetts Workers Compensation
In Massachusetts, depending on what happened to you, your work injury benefits should include coverage of your medical expenses, disability payments, 60% or more of your average income, compensation for permanent injuries and any loss of function, vocational retraining if you are unable to go back to your original job because of your injuries, and/or death benefits if you die in a work accident.

Common Causes of Massachusetts Slip and Fall and Trip and Fall Accidents
• Slippery floors
• Inadequate safety procedures
• Debris and other objects on the ground
• Poor lighting
• Electrical cords in walking areas
• Uneven flooring
• Lack of necessary non-slip floor covering

Boston slip and fall injuries can include back injuries, cuts, bruises, bone injuries, dislocated hips, skeletal fractures, muscle injuries, head injuries, spinal injuries, and/or even death.

If another party that is not your employer could/should have prevented your Massachusetts slip and fall accident, you may be able to pursue Boston personal injury damages from that third party, in addition to receiving workers’ compensation benefits through your employer.

Workers' Compensation, General Laws of Massachusetts

Workers' Compensation, Nolo

More Blog Posts:
Massachusetts Senate to Consider Greater Penalty for Failure to Purchase Workers’ Compensation, Boston Injury Lawyer Blog, April 17, 2012

Massachusetts Slip and Fall Lawsuit Against McDonald’s Can Proceed, Says Supreme Judicial Court, Boston Injury Lawyer Blog, November 11, 2011

Massachusetts Senate to Consider Greater Penalty for Failure to Purchase Workers’ Compensation, Massachusetts Workers' Compensation Lawyer Blog, April 18, 2012

Pradaxa Lawsuit Claims Drug’s Side Effects Caused Woman to Bleed to Death

Mon, 30 Apr 2012 22:36:38 -0600

The estate of a woman who bled to death is suing pharmaceutical company Boehringer Ingelheim for her wrongful death. Gertrude Eubanks died on April 4, 2011 from internal bleeding just days after she started taking Pradaxa, an anticoagulant. The drug, which is supposed to prevent strokes in individuals with atrial fibrillation, was introduced in the US on October 2010 and offered as an alternative to Coumadin (warfarin).

However, Pradaxa, unlike Coumadin, lacks a reversal agent that can be used to stop bleeding problems. This lack of an antidote is reportedly causing a number of these people to die.

The US Food and Drug Administration has now received hundreds of reports about internal bleeding and hemorrhaging. For example, one man suffered a fatal massive brain hemorrhage after a fall accident. He too had been taking Pradaxa. Also earlier this year, the Institute for Safe Medication Practices issued a report confirming at least 505 Pradaxa-related bleeding events Compare that to the 176 bleeding incidents involving Warfarin reported. Federal regulators are now looking into whether Pradaxa is safe for use.

If you believe you have a Massachusetts Pradaxa case on your hands, our Boston injury lawyers want to hear from you.

According to the Eubanks estate’s dangerous drug lawsuit, she started taking Pradaxa in March 26, 2011. She began to experience internal bleeding, which led to her death nine days later. During the time she was on the anticoagulant, she experienced serious mental anguish.

Her wrongful death complaint contends that Pradaxa was defectively designed and that the manufacturer should have known that the warnings made available with the drug were insufficient. The inadequate warnings prevented Eubanks and her doctors from knowing the risks involved for her when taking the medication. The lawsuit accuses the defendants of negligence, breach of duty to Eubanks, not doing enough to notify medical professionals and consumers about the risks involved, and failing to take Pradaxa off the market even after all of the reports of serious bleeding side effects.

Other Pradaxa lawsuits are being filed.

Death magnifies Pradaxa hemorrhage concerns, Fox, March 7, 2012

Study: Higher heart attack risk from pradaxa, CBS News, January 11, 2012

More Blog Posts:
Another Boston Injury Lawsuit Blames DES Drug for Causing Newton Woman’s Breast Cancer, Boston Injury Lawyer Blog, January 30, 2012

Aspirin Causes Some People More Harm than Good, Says Study, Boston Injury Lawyer Blog, January 21, 2012

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

Boston Globe Reports that Many US Nursing Homes are Wrongly Prescribing Antipsychotic Medications to Residents

Sun, 29 Apr 2012 22:51:13 -0600

According to a Boston Globe investigation, in 2010 there were about 185,000 US nursing home patients that took antipsychotic meds even though federal regulators recommended otherwise. Many times, the powerful drugs were prescribed to counter combative behavior and agitation from residents.

Antipsychotics, which are used to treat severe mental illnesses, can leave patients in a stupor and there can be potentially fatal side effects. Yet per federal data examined by the Globe, more than one out of every five assisted living facilities gives antipsychotics to a significant number of their residents. This problem is especially prevalent at Massachusetts nursing homes where that year 28% of assisted living facilities prescribed antipsychotic medications to patients who weren’t suffering from illnesses that required its use compared that to 21% of US nursing homes.

Many of the patients who are given antipsychotics have dementia. Yet according to the US Federal Drug Administration and the Centers for Medicare & Medicaid Services these meds are not appropriate for most of these patients. Side effects can include abnormal heart rhythm, dizziness, lowered blood pressure, urinary problems, and vision problems, which can have devastating consequences for someone who is also elderly and/or very sick.

Nursing homes, an in attempt to defending their decision to use antipsychotics, have pointed to the need to give aggressive or violent residents something to calm them down and regulate their behavior. There are also others who believe that existing federal regulations on antipsychotic use may be dated seeing as they are about two decades old.

Our Boston nursing home neglect and abuse lawyers represent patients who did not receive the proper nursing and medical care while receiving treatment at an assisted living facility. The correct administration of medication to a patient is extremely important. Giving him/her the wrong dose or wrong medicine, forgetting to administer a med, or prescribing a drug unnecessarily can have serious health repercussions. It is also not appropriate to prescribe a drug merely to make the nursing home’s job easier by drugging a patient or using medication as a chemical restraint.

If you believe your loved one was the victim of Massachusetts nursing home negligence, contact our Boston injury lawyers today.

Nursing home residents received inappropriate drugs, BostonGlobe.com, April 29, 2012

Report: Anti-psychotics wrongly prescribed in nursing homes, USA Today, April 29, 2012

Cause for alarm: Antipsychotic drugs for nursing home patients, CNN, May 31, 2011

Differential risk of death in older residents in nursing homes prescribed specific antipsychotic drugs: population based cohort study, BMJ, February 23, 2012

More Blog Posts:
Peabody Man Dies after Falling from Window of Danvers Nursing Home, Boston Injury Lawyer Blog, April 4, 2012

Fighting Massachusetts Nursing Home Negligence: Patient Advocates Want the State to Only Allow Properly Trained Facilities to Provide Care for Dementia and Alzheimer’s Patients, Boston Injury Lawyer Blog, February 11, 2011

Proactively Choosing the Right Assisted Living Facility for Your Loved One Can Decrease The Chances of Boston Nursing Home Abuse and Neglect, Boston Injury Lawyer Blog, November 28, 2011

Hip Implants: Study Examines Whether New Coating Could Prevent Failure

Sat, 28 Apr 2012 01:28:21 -0600

Our Boston injury lawyers represent clients who have sustained injury or other health complications because of a defective hip implant or another failed medical advice. In the last couple of years, there has been an increase in Massachusetts products liability cases over hip replacement devices that have failed sooner than they should, requiring their users to undergo another replacement within five years and/or sustain bone fractures, dislocated implants parts, tissue damage, or other health issues.

Now, a study published in the journal Advanced Materials is reporting on a new coating for hip implants that might be able to get them to better adhere to the bones of a patient, potentially preventing premature failure. Right now, artificial hip devices use bone cement. Yet this cement is cracking in some patients, which is causing the device to separate from the bone. This can create chronic pain and mobility loss for the patient.

The new coating is made from materials that encourage the bone to grow quickly. Generating new bone can more easily secure the implant to the existing bone. Right now, the chemical engineers involved in the study are testing the coating on animals. They also believe that the coating could be used with dental implants.

Hip Implant Failures
If you suspect that your hip implant is causing swelling, pain, or giving you problems walking, it is a good idea to see your physician. You should also contact a Boston hip implant defect law firm to see whether you may have grounds for a case.

It was just a couple of years ago that DePuy Orthopaedics, Inc. announced the recall of its ASR Hip Resurfacing System and ASR Xl Acetabular System because of early failure. Some 93,000 DePuy hip devices had been implanted in patients by then. That said, this is not the only hip implant device that has reported premature failures. DePuy is a Johnson & Johnson company.

Undergoing hip implant surgery is a painful procedure and usually the patient will need time to recover and learn how to walk with the new device in place. There is also the risk of complications. For a hip implant to fail within five years is way too soon and can seriously threaten the patient’s health.

Hip Implant Coating May Reduce Premature Failure Risk, Medical News Today, April 24, 2012

Advanced Materials

DePuy Orthopaedics Voluntarily Recalls ASR(TM) Hip System, J & J, August 26, 2010

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

Boston Products Liability: Yaz Birth Control Pill May Cause Serious Side Effects and Health Complications, Boston Injury Lawyer Blog, April 12, 2012

Defective Medical Device?: DePuy Hip Replacement Recall Leads to Products Liability Lawsuits, Boston Injury Lawyer Blog, September 29, 2010

35 Pool Portable Deaths Involving Kids Under Age 5 Reported Every Year, Says CPSC

Fri, 27 Apr 2012 17:15:20 -0600

With the weather expected to warm up in the coming months, many kids are eagerly awaiting the day when they will be able to rush out and jump in the pool. While swimming is a lot of fun, it can also be dangerous, and our Boston injury lawyers have helped children and their families recover compensation for injuries and deaths resulting from a Massachusetts drowning.

While grownups can often anticipate the risks involved for kids when swimming in a regular pool, hot tub, or beach, portable pools can be just as dangerous. According to the Consumer Product Safety Commission, it receives reports of about 35 child swimming deaths involving kids younger than 5 in portable pools every year. That’s 11% of all pool drowning deaths for that age group.

It is the responsibility of the person who owns or oversees a pool to make sure that the kids using it are safe. It doesn’t matter whether it is a small blow-up pool or one that can contain thousands of gallons of water. It takes just a few inches of water for someone who has submerged his/her face in it to drown. A child who survives a Boston drowning accident may be left with a traumatic brain injury, severe disabilities, or other injuries.

Child drownings can happen when the pool is inadequately supervised. This may mean that there wasn’t an adult present that knew how to swim at the pool or the portable pool containing water was left easily accessible to kids when no grown ups were around. Placing a cover on the pool, fencing it in with a barricade high enough that children can’t get in, or locking up the portable pool are some ways to prevent accidental drowning.

Drowning is Silent: Portable Pools, CPSC, April 24, 2012

Unintentional Drowning: Fact Sheet, CDC

More Blog Posts:
Massachusetts Swimming Pool Death: State Report Released on Woman’s Fatal Fall River Drowning, Boston Injury Lawyer Blog, April 12, 2012

Boy Dies Following Shrewsbury Drowning Accident at Summer Camp, Boston Injury Lawyer Blog, July 29, 2012

13-Year-Old Nearly Drowns in Falmouth Swimming Pool Accident at Holiday Inn, Boston Injury Lawyer Blog, July 21, 2010

Massachusetts Products Liability?: Sushi Outbreak in 21 States Causes Salmonella Poisoning

Wed, 25 Apr 2012 19:09:03 -0600

According to the Centers for Disease Control and Prevention, at least 200 people in 21 states fell ill after developing salmonella from eating sushi. 12 of those who have been afflicted required hospital care. At least eight were Massachusetts food poisoning incidents.

The cause of the outbreak is yellowfin tuna. Moon Marine USA Corporation is recalling close to 59,000 pounds of "Nakaochi Scrape AA or AAA,” which is a frozen yellowfin tuna product consisting of “backmeat” from the fish’s bones that has been scraped to appear like its been ground up. The food item is sold to grocery store chains and restaurants for sushi, ceviche, sashimi, and other items that use raw fish.

The outbreak has been going on for a couple of months. Many of the salmonella victims said they got sick after consuming spicy tuna sushi.

Last week, two women filed a salmonella sushi lawsuit after they got very sick from eating tuna sushi rolls at a restaurant. They both received hospital care. One woman blames Nakaochi Scrape for her ulcerated colon.

One possible cause of the salmonella outbreak is distributors who took the packaging off the tuna before selling them to restaurants. This step may have contaminated the fish.

Our Boston products liability lawyers represent clients who have gotten seriously ill from eating contaminated or spoiled food items. The food product may have been bought at a store or wholesaler or distributed at a restaurant or some other eating place. Depending on what caused the contamination, the victim may be able to pursue a case against the manufacturer, retailer, distributor, or the middlemen.

A few of the other reasons people might choose to sue for food products liability:
• A foreign object left in in the food item caused injury
• A hot liquid that is too hot, or not packaged/served in a container that can contain the heat properly, and causes serious burn injuries
• Food allergy death

First Salmonella Sushi Lawsuit Filed, Reuters, April 24, 2011

Sushi-linked salmonella outbreak reaches 20 states, yellowfin tuna recalled, CBS News, April 16, 2012

200 now sick in salmonella sushi outbreak, MSNBC, April 25, 2012

More Blog Posts:
Kids’ Jewelry Containing Toxic Chemicals Were Sold in Massachusetts, Boston Injury Lawyer Blog, March 16, 2012

Judge Upholds $20M Massachusetts Products Liability Lawsuit in Woman's Pool Slide Death, Boston Injury Lawyer Blog, February 22, 2012

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

$4.2M Personal Injury Settlement Awarded to Bully Victim Who Was Left Paralyzed

Sat, 21 Apr 2012 21:19:57 -0600

Our Boston injury lawyers represent children who have been injured because of the negligence of others. Sometimes the injury or death is accidental, such as during a Massachusetts car crash or because of a defective or dangerous product and although negligence may have been a factor, the other party usually never intended to cause any harm. With some cases, however, the harm inflicted is intentional—even if is not to the degree that the victim actually ended up getting hurt.

One cause of child injury that has been around for awhile but is now only being seriously acknowledge as a threat to kids’ safety is bully. Now, while bullies may have always been figures to fear at school, in recent years, the emotional and physical violence inflicted by fellow peers has proven catastrophic. For example, there was the 2010 suicide of Phoebe Prince, a high school student who killed herself after her schoolmates bullied her mercilessly in person and via the Internet. A Massachusetts wrongful death settlement was reached between her family and the school district last year.

This week, one bullying survivor arrived at $4.2 million personal injury settlement with another school district over a 2006 incident that left him a paraplegic. Sawyer Rosenstein was just 12 when a bully punched him in the stomach. The assault created a clot in his artery, which caused him to become paralyzed from the waist down. Rosenstein is now 18.

This was not the first time that the bully had gone after him, and he had even sent an email to school officials asking for help as far back as at least three months prior to the catastrophic assault. In Rosenstein’s personal injury lawsuit, he accused district officials of not complying with anti-bullying laws, which required them to put into place procedures to prevent bullying and resolve any incidents that did happen. The school only suspended the bully for a few days, but Rosenstein reached a confidential injury settlement with him and his family.

School Pays $4.2M For School Bully's Punch, Reuters, April 18, 2012

Stop Bullying

Bully The Movie

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

Are Massachusetts Schools Doing Enough to Prevent Student Violence?, Boston Injury Lawyer Blog, February 29, 2012

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

Massachusetts Swimming Pool Death: State Report Released on Woman’s Fatal Fall River Drowning

Fri, 20 Apr 2012 18:15:06 -0600

The Department of Conservation and Recreation has issued its final report on the 2011 Fall River, Massachusetts swimming pool accident death of Marie Joseph. The 36-year-old woman, who could not swim, drowned in the state-run pool. Because the water was so dirty it was two days before her body was discovered.

Authorities blamed bad decisions by pool employees for the tragic accident and they have said that Joseph’s death was preventable. Also, the water in the pool failed to meet Massachusetts standards that day and it shouldn't have been open for use.

The state is recommending that better pumps and pool equipment be provided at the Fall River facility and the pool depth be lowered from 12 feet to 5 ½ feet. Changes will also be made to other state-run pools to enhance user safety. For example, another 10 pools will be updated and their depths reduced to just over five feet. There will be more lifeguards, and security cameras with motion detectors will be added. Staff will also have to undergo more extensive training.

Joseph drowned after going down a water slide. The DCR has decided to suspend the use of water slides at all of its pools. It will also improve visibility checks.

DCR Commissioner Edward Lambert believes that one of the reasons Joseph drowned is that the pool had depended too heavily on seasonal staff. Moving forward, full-time employees from an aquatic and waterfront safety division will replace these employees. All state-run pools will also safety regulations and rules posted by them.

Our Boston drowning accident lawyers represent the families of children and adults injured or killed in accidents in swimming pools, hot tubs, and Jacuzzis. We have filed Massachusetts premises liability and products liability lawsuits against negligent parties, as well as inadequate supervision cases against those that failed to do their job in monitoring the pool or spa.

In final report on Fall River drowning, DCR unveils plan to improve safety at state-run pools, Boston.com, April 20, 2012

State releases final investigative report on Fall River pool drowning, Herald News.com, April 20, 2012

Pool Chief: Woman's Drowning Was Preventable, WCVB TV Boston, April 20, 2012

More Blog Posts:
Massachusetts Swimming Pool Accident: Drowned Woman’s Body Was Concealed by “Cloudy” Water for Two Days, Boston Injury Lawyer Blog, June 30, 2011

Truro Man’s Family to Sue Provincetown for Man’s 2008 Massachusetts Drowning Death, Boston Injury Lawyer Blog, August 14, 2010

13-Year-Old Nearly Drowns in Falmouth Swimming Pool Accident at Holiday Inn, Boston Injury Lawyer Blog, July 21, 2010

Biking around Boston—Know the Rules!

Thu, 19 Apr 2012 09:24:58 -0600

So we’re nearing the end of April and bike season is officially back. Motivated by the improving weather—what a glorious spring day today!—and by the athletic feats of Monday’s marathoners, the city is alive with bike riders with a variety of levels, intensities, and goals. But bikers, beware! Boston and its surrounding cities plan to crack down on bike law enforcement this season, according to sources, with Somerville apparently at the forefront.

A post on Somerville’s ResiStat blog—an effort, as the site states, to connect the community via Internet discussions—announced that Somerville police will be stepping up enforcement of bicycle traffic laws in order to create better harmony among drivers, cyclists, and pedestrians with whom they share the road. The central message of this campaign seems to be that being on a bike, rather than in a car, does not give you free reign of the roads! So make sure to educate yourself on the do’s and don’ts.

Massachusetts General Laws Chapter 85 Section 11B outlines bicycle regulations. Generally stated, bikers must follow all the same traffic laws as motor vehicles. A few exceptions and the most commonly broken rules are listed below:

• bikers age 16 and under must wear helmets
• bikers should use hand signals to indicate turning or stopping, but should keep one hand on the handlebars at all times
• bikes may only be ridden on sidewalks outside business districts or city squares and only when necessary and they must yield to pedestrians and give an audible signal before passing pedestrians
• bicyclists may not ride more than 2 abreast; if a road has more than one way in the direct of travel, all bikers must ride within a single lane
• cities and towns may impose their own restrictions, so be aware!!

So, do your due diligence and know the rules of the bicycling world. Fines for those who cooperate with police are generally $20. If you have questions about these regulations, if you believe you have been unfairly cited for a bike law infraction, or if you have been injured while biking or walking and believe your injury is the fault of another party, contact a lawyer ASAP to heighten your chances of compensation.

Police crack down for bicycle safety, Boston.com, April 19, 2012

Somerville Police Announce Bicycle Safety Enforcement Campaign, ResiStat, April 11, 2012

Massachusetts Hospitals Seek Medical Malpractice “Road to Reform”

Wed, 18 Apr 2012 22:57:31 -0600

According to reports, Massachusetts hospitals are starting an initiative that they hope will cut down on the number of medical malpractice lawsuits by heightening disclosure of medical mistakes and fostering greater doctor-patient trust. This “Road to Reform” initiative appears centered around a sequence of “Disclosure-Apology-Offer.” By more promptly disclosing medical errors, apologizing to the families when needed, and offering to pay for the mistake ASAP—a process that hospitals and the Mass Medical Society hopes will cut down on secrecy, cut back on extensive litigation and thereby lower health care costs. This plan tends to be tested by seven hospitals in Massachusetts, including Beth Israel and Mass General.

One part of the plan to repair disintegrated trust in the health care system is to have hospitals urge patients to hire a lawyer to determine whether the offer is fair—and then can decide whether to sue the hospital for better compensation. While very idealistic, more concrete details of how exactly the system will integrate the test changes remain to be seen. Contact an attorney if you have any questions about medical malpractice lawsuits or are seeking to file one yourself.

Hospitals promise openness, apologies, Boston.com, April 18, 2012

Medical malpractice experiment, NECN.com, April 18, 2012

Massachusetts Had Lowest Pediatric Death Rate in 2009, Reports CDC

Mon, 16 Apr 2012 19:21:29 -0600

According to a report issued by the Centers for Disease Control and Prevention, the state of Massachusetts had the lowest pediatric death rate among all the US states in 2009 at 4 child deaths per 100,000 kids (age 19 and under). The national average for that year was 11 deaths/ per 100,000 children. The CDC has published its findings in its Morbidity and Mortality Weekly Report.

CDC principal deputy director Ileana Arias says that one reason for Massachusetts' lower child death rate is that the state has taken pains to address child injury prevention, including developing policies and programs to promote children's safety. In 2008, the state passed a law mandating that all kids under the age of 8 use a booster seat when riding a car. Following a 2006 law that toughened up requirements for teens seeking to earn their driver’s license, teenage driver deaths declined by 75%.

Our Boston injury lawyers handle Massachusetts injuries to a minor cases. We represent children and their families with civil lawsuits against negligent product manufactures, automakers, physicians, property owners, pet owners, and other liable parties.

Per the CDC's report, nationwide car crashes comprised close to 50% of the 9,143 pediatric injury fatalities that occurred 2009. Although this figure is still too high, it is a significant decline from the number of child car crash deaths that took place a decade ago. That said, child injuries continue to be the number one cause of children fatalities.

The CDC says that the rates of child fatalities caused by infant suffocation while sleeping and teen poisoning deaths (many from prescription drug overdoses) have gone up. However, there has been a decrease in the number of deaths from fall accidents, drownings, and fires/burn injuries. Unknown causes was cited as the reason for 1070 child deaths in 2009.

Massachusetts Child Injury Cases
We know how devastating it can be to see your child suffer because someone else was reckless/careless. Sometimes, the negligent party may be a company or an individual you do not know. We also represented clients with Boston wrongful death cases or personal injury claims against a relative or a friend.

Massachusetts leads nation with lowest rate of accidental deaths in children, Boston.com, April 16, 2012

Vital Signs: Unintentional Injury Deaths Among Persons Aged 0–19 Years — United States, 2000–2009, CDC

Safe Kids USA

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

Boston Child Injuries: Do Some Toys Cause Hearing Problems?, Boston Injury Lawyer Blog, December 26, 2011

Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011