Massachusetts Injury Lawyer Blog

When the warm weather returns, many people look forward to grilling and choose propane gas grills. While these grills offer many advantages, propane is a highly combustible hydrocarbon gas which is compressed into a liquid form and placed inside a tank. It can explode in certain conditions, such as in a fire or with a tank leak.

Some 6,500 barbecue grill fires injure Americans each year, accounting for a property loss of over $27 million, according to the U.S. Fire Administration, a division of Federal Emergency Management Agency (FEMA). The majority of these grill fires result from accidents and explosions related to malfunctioning gas grills.

Now as you set your grill up for the summer is the best time to learn how to properly clean and handle your propane gas tank and grill. The Boston personal injury lawyers at Breakstone, White & Gluck offer these tips to help you grill safely:

• Propane is an odorless gas with an odorant called ethanethiol added to help detect leaks. If you are near a propane tank and smell this gas, leave immediately and call your town's fire department.
• Read the manufacturer's instructions for your grill and if you need, contact customer support.
• Transport your propane tank to the refill station or hardware store in a standing position. Use a box or carrying case.
• Drive directly to and from the hardware store or refill facility. Do not make other stops.
• Store the propane gas tank outside your home with the grill and do not take it inside for any reason. This includes not taking it inside your garage or porch or leaving it on a deck attached to your home.
• Operate your propane gas grill and tank as far away from your home as possible.
• Most grills are now made with a safety device that prevents gas flow when the tank is disconnected. But always make sure your propane tank valve is closed when you disconnect to prevent fires and explosions.
• If you are having trouble heating your grill, do not keep raising the temperature. Check your manufacturer's manual for instructions or call the company's customer service phone number.
• Have propane gas equipment inspected periodically by a professional for possible leaks or malfunctioning parts. This will help prevent an explosion.
• Check your manufacturer's manual for cleaning instructions. Turn the grill off and wait until it is cool. Lift the cover, inspect cooking surfaces and remove the cooking grids and spray with mild oven cleaner.

Related:
Propane Safety, National Fire Protection Association

What To Do After An Explosion

Continue reading "Explosion Prevention for the BBQ and Grilling Season" »

Bay State Bike Week starts Monday, May 14 and runs through Sunday, May 20. The annual celebration features several days of activities and educational programs throughout Massachusetts.

MassCommute Bicycle Challenge
Each year, one of the most anticipated events is the MassCommute Bicycle Challenge. For this one week, employees, students and others participate in teams to see who can pedal the most miles in the name of reducing traffic congestion, helping the environment and making time for fitness. Click the above link for information on how to participate.

Massachusetts Bike/Walk Summit on May 17
One event to watch this year is the Massachusetts Bike/Walk Summit on Thursday, May 17 at the State House. The event is co-sponsored by MassBike and WalkBoston, which seek to pass the Vulnerable Road Users Bill. If passed, the bill would increase fines for motorists who kill or injure vulnerable users. The term "Vulnerable Road Users" would include pedestrians, a person operating a bicycle, handcycle, tricycle, skateboard, roller skates, in-line skates or non-motorized scooter.

The bill was filed in January 2011 and is now in the Joint Committee on Transportation. MassBike has until June 1 to persuade legislators to advance the bill. The bill is supported by WalkBoston, Massachusetts Public Health Association, Conservation Law Foundation, Boston Cyclists Union, and Transportation for Massachusetts. Click the above link for information on how to participate.

Other Events
Bay State Bike Week will feature events and activities for all ages throughout the state, from Boston to Worcester to western Massachusetts. Most events are open to the public for free and are a great opportunity to learn more about cycling and the growing opportunities in Massachusetts. Click the above link for the full calendar.

Continue reading "Bay State Bike Week Starts Monday; How to Participate as a Cyclist, Pedestrian or Driver" »

About 21,000 inflatable swimming pool slides are being recalled after the death of a 29-year-old woman in Massachusetts and two other people sustained serious personal injuries.

The Consumer Product Safety Commission (CPSC), Walmart of Bentonville, Ark. and Toys R Us Inc., of Wayne, NJ announced the recall Thursday, May 10. The Banzai inflatable water slides are designed for use with in-ground pools, but the CPSC says they pose a risk for injury. They can deflate and a user can hit the cement ground underneath the slide. The slide is also unsecure and can fall over, in both windy and still conditions. Finally, it carries inadequate warnings and instructions for users.

The CPSC is aware of one death and two serious personal injuries. In one case, a 29-year-old Colorado mother died in Andover, to the north of Boston. The woman died after going down a Banzai inflatable slide and hitting her head on the pavement below. The slide had been partially deflated.

The two injuries occurred in a similar manner, one leaving a 24-year-old man from Springfield, Mo. a quadriplegic. In a third case, an Allentown, Pa. woman fractured her neck.

The recalled pool slides were manufactured in China by Manley Toys, Ltd. and sold at Walmart and Toys R Us stores nationwide from January 2005 through June 2009. The defective product was sold for about $250. The vinyl slides have a blue base, yellow sliding mat and an arch going over the slide. The words 'Banzai Splash' are printed on the side of the defective slide.

The CPSC urges consumers to immediately stop using the defective product and return it to a Walmart or Toys R Us for a full refund. Consumers can also cut out the two safety warnings on the slide and return those for a refund. For additional information, visit www.walmart.com and www.toysrus.com.

Consumers can determine whether they have the slide by clicking here to look at pictures posted by the CPSC. If you still have the box and packaging, look for barcode number 2675315734 and model number 15734.

Continue reading "Defective Pool Slide Kills Woman in Andover, Mass." »

Fifty eight workers lost their lives on the job last year in Massachusetts. The average fine in closed investigations into those deaths was less than $7,000.

The Massachusetts Coalition for Occupational Safety and Health (MassCOSH) released the figure in its annual report at Workers' Memorial Day on April 28. In "Dying for Work in Massachusetts," the group reported firefighters and construction workers again account for the majority of workplace deaths in Massachusetts. The group called for reforms such as strengthening OSHA regulations to prevent construction accidents and passing new state laws to protect temporary workers.

"It is deplorable that so many workers still die or are severely injured in workplace accidents," said Boston personal injury lawyer David White of Breakstone, White & Gluck. "Employers must be held accountable when they fail to follow safety requirements and cause injuries or deaths."

Breakstone, White & Gluck is a proud sponsor of MassCOSH, an organization with a great reputation for protecting workers and improving workplace safety.

In 2011 in Massachusetts, the average fine in the death of a worker was $6,490. MassCOSH said this low cost encourages employers to disregard OSHA regulations.

The group noted there is no consistent trend in the number of worker deaths. But in 2011, the number of workers lives' lost rose 11, up from 47 in 2010.

Thirteen firefighters died in 2011, two as the result of injuries sustained while responding to fires. Another firefighter was crushed while performing routine vehicle maintenance. Ten others died due to work-related cancer and heart disease.

Construction accidents accounted for eight wrongful deaths. Deaths were also reported in the human services and commercial fishing industries.

MassCOSH reports workers are dying in four ways: motor vehicle accidents and incidents; construction falls; workplace violence and drowning. Falls from ladders, roofs and trees accounted for 20 percent of all workplace deaths. Construction accidents were involved in 14 percent of workplace deaths, including three men who were killed in electrocutions and explosions.

MassCOSH Reforms
The advocacy organization for workers' rights is calling on state and federal lawmakers to make a number of changes. These include:

Proposed Changes at the Federal Level:

• Strengthen OSHA regulations, with one measure including criminal prosecution.


• Overhaul OSHA's system for regulating toxic chemicals.
• Better protect immigrant workers by increasing the number of bilingual investigators.
• Improve whistleblower protections.

Proposed Changes at the State Level:

• Full implementation of Executive Order 511, so all state agencies have committees which ensure national health and safety standards are being met.
• Make improvements to Massachusetts workers' compensation laws so coverage is provided to all injured workers.
• Pass the "Temporary Worker Right to Know Law," which would increase state oversight and ensure that temporary workers are provided written notice of job assignments, supervisors, wages and other key details.

Continue reading "Workplace Accidents Killed 58 Massachusetts Workers in 2011" »

May has arrived and as motorcycling season begins, the National Highway Traffic Safety Administration (NHTSA) is observing Motorcycle Safety Awareness Month.

The national initiative aims to encourage drivers and motorcyclists to "share the road" and highlights that motorcycles are vehicles with the same rights and privileges as any other motor vehicle on the road.

This is an important point because most motorcycle accidents involve passenger vehicles and trucks. Many motorcycle accidents result from a lack of understanding and awareness on the part of both or either party. Many times, drivers will say they fail to see motorcyclists until just before an accident.

In 2009, motorcyclists were 25 times more likely than passenger vehicle occupants to die in a crash, according to the NHTSA. Motorcyclists were five times more likely to be injured based on miles traveled.

But motorcyclists can take a number of safety steps to protect themselves on the road. The Boston motorcycle accident lawyers at Breakstone, White & Gluck share a few motorcycle safety tips:

Wear a Helmet. Wearing a helmet is the best way to protect yourself from serious head injury. An unhelmeted motorcyclist is 40 percent more likely to suffer a fatal head injury in a motorcycle crash than one wearing a helmet, according to the NHTSA. Massachusetts is one of 19 states which require all motorcyclists to wear helmets. State law also requires all scooter and "low-power" riders to wear helmets.

Select a full-face helmet for the best protection. An open-faced helmet provides the next highest level of safety.

To select the right helmet, look for one which meets Department of Transportation (DOT) standards. All adult helmets are required to meet this standard and it will be clearly labeled on the helmet. The Snell Memorial Foundation is another well-respected testing organization to seek out, but helmet manufacturers are not required to meet its standards.

Take a Safety Class. Take an annual class on motorcycling safety to learn important techniques such as splitting lanes and how to handle road conditions such as uneven pavement and railroad tracks.

Wear Brightly Colored Clothing. Your goal is to make yourself as visible as possible to drivers during the day as well as night. Consider bright colors for your clothing and helmet.

Look in the Car's Side View Mirrors. On the road, your best position is to be able to see the driver's eyes in the side view mirror. If you cannot, you are in the vehicle's blind spot, meaning the driver cannot see you in the mirror when he makes a driving decision.

Splitting Lanes. This is when a motorcycle moves in between two vehicles in separate lanes. Make sure you have the experience to make this move and make sure drivers around you are alert.

Avoid Riding in Inclement Weather. The risk for injuries increase in the rain and other bad weather conditions.

Related:

• Motorcycles, National Highway Traffic Safety Administration


• What to Do If You're In a Motorcycle Accident


• Motorcycle Tips for Sharing the Road, Massachusetts Department of Transportation


• Motorcycle and Bicycle Helmet Use Laws, Insurance Institute for Highway Safety


• Motorcycle Safety Awareness Month Reminds Drivers, Riders to Share the Road, Consumer Reports

Continue reading "Motorcycle Accidents Are Top Concern During Motorcycle Safety Awareness Month" »

Breakstone, White & Gluck announces its lawyers have been recognized in the 2012 edition of Boston's Top Rated Lawyers. The list was created by LexisNexis Martindale-Hubbell, which tapped its database of Martindale-Hubbell Peer Review Ratings to identify lawyers who have been given its highest rating of AV Preeminent. This rating is based on the confidential opinions of lawyers and members of the judiciary who have been invited to participate.

Attorney Marc L. Breakstone has been named to the General Practice list of top Boston lawyers. Attorney Breakstone has been recognized numerous times throughout his legal career. He has been named to the list of Top 100 New England Super Lawyers twice and to the list of Top 100 Massachusetts Super Lawyers five times. Attorney Breakstone has been named to the Massachusetts Super Lawyer list seven years in a row. He is a graduate of Northeastern University School of Law and specializes in personal injury, construction accident and medical malpractice cases. Click here to read his bio.

Attorney David W. White has been named to the Personal Injury list of top Boston lawyers. Attorney White has received numerous honors throughout his career. He has been named to the list of Massachusetts Super Lawyers eight times. He was twice selected to the list of Top 100 New England Super Lawyers and four times to the list of Top 100 Massachusetts Super Lawyers. Attorney White is a past president of the Massachusetts Bar Association and recipient of the Massachusetts Association of Criminal Defense Lawyers' President's Award in 2008. A graduate of Northeastern University School of Law, attorney White specializes in personal injury, medical malpractice and bike accident cases. Click here to read his bio.

Attorney Ronald E. Gluck has been named to the Civil Litigation list of top Boston lawyers. Attorney Gluck has been recognized numerous times during his professional career. He has been named to the list of Massachusetts Super Lawyers seven consecutive years. He has also been chosen for the list of New England Super Lawyers five times. Attorney Gluck specializes in catastrophic personal injury cases stemming from car accidents, construction accidents, public transportation disasters and medical device and pharmaceutical product liability. He is a graduate of the Case Western Reserve University School of Law. Click here to read his bio.

Click here to view this year's list of Boston's Top Rated Lawyers.

Continue reading "Breakstone, White & Gluck Recognized on Boston's Top Rated Lawyers List" »

As prom and graduation season begins, It is important for parents to speak to their teenagers about the dangers of drinking and driving. While our children's safety is most important, parents who allow underage drinkers to consume alcohol in their home should also learn about their own potential social host liability under Massachusetts law.

Anyone under 21 who drinks or possesses alcohol in Massachusetts can be charged criminally. Anyone who furnishes alcohol to a person under the age of 21 can also be prosecuted.

But many people are unaware of their responsibilities under the Massachusetts social host responsibility law. Parents, teens and others who provide alcohol to teens and allow teens to consume alcohol in their home may face serious consequences, including imprisonment and fines.

"Safety is the most important point in any conversation about drinking and driving," said Boston attorney David W. White. "It is particularly important that parents have zero tolerance for underage drinking in their homes, and obviously they must not supply any alcohol to minors. Providing even a small amount of alcohol to an underage drinker may result in a large civil judgment if it contributes to an accident."

White urged parents to intervene to ensure that prom celebrations do not include alcohol and to make sure that prom season does not result in needless injuries or loss of life.

Click here for questions and answers about the Massachusetts social host responsibility law.

Continue reading "Massachusetts Social Host Law: Safety During Prom Season" »

Three Massachusetts hospitals have been cited in the past six months for sending away patients from their emergency rooms without treatment. One case resulted in the wrongful death of a patient during transport to another hospital.

The hospitals are Charlton Memorial Hospital in Fall River, St. Vincent Hospital in Worcester and Lahey Clinic in Burlington, according to a Boston Globe article. The three hospitals were investigated by state officials and the Centers for Medicare & Medicaid Services, which reported to the facilities they would not lose their Medicare contracts because they had taken corrective action to prevent future cases of ER malpractice. The cases have been referred to the Office of the Inspector General to determine whether the facilities will be fined.

Federal law passed in 1986 guarantees every patient who needs emergency medical care receive it, regardless of citizenship, legal status or ability to pay. Hospitals are required to provide patients a medical screening exam and stabilize any emergency medical conditions. There were 11 violations in New England last year, 13 in 2010 and seven in 2009. Hospitals can lose their Medicare contracts and face fines for repeated violations of medical malpractice.

Charleton Memorial Hospital
In the Charlton Memorial Hospital case, a patient who had been diagnosed with a serious lung disease as a child arrived at the emergency room on Aug. 9 at 7:30 p.m. The patient spent several hours in the ER before a physician cleared him to travel to another hospital. But the patient deteriorated after another doctor began his shift about 10:30 p.m. and hospital officials say the second doctor allowed the patient to be transported, despite the ambulance crew's concerns. Following the patient's wrongful death, Charleton Memorial Hospital mandated that doctors and nurses reassess all patients before transfer.

St. Vincent Hospital
At St. Vincent Hospital, a patient arrived at the ER on Oct. 16 shortly before 8:30 p.m. He reported symptoms of a fever and pain from an abscess on the right buttock. The evaluating physician concluded the patient was in poor condition and needed emergency surgery to remove dead tissue. But, according to state investigators, the hospital failed to provide a surgeon. A surgeon on call would not come in that evening and the patient was transported to nearby UMass Memorial Medical Center so he could receive the surgery. The Globe was unable to obtain the patient's treatment outcome following the medical malpractice.

Lahey Clinic
At Lahey Clinic, a doctor and nurse were placed on 30 days of unpaid leave after an incident at the hospital's Peabody location on Nov. 19. A patient walked in and was told he was banned from the hospital as well as its Burlington emergency room.

The patient was escorted from the hospital in a wheelchair by a security guard. The patient went to another hospital for treatment and officials there contacted Lahey. Hospital officials apologized and he was later admitted to Lahey's Burlington facility.

In addition to placing a doctor and a nurse on administrative leave, Lahey required them to undergo re-training in emergency care laws. All doctors and nurses will also undergo annual education on the regulations.

Related:

• Massachusetts Cites 3 Hospitals for Denial of Care, The Boston Globe


• The Importance of Getting Your Medical Records

Continue reading "ER Malpractice Cited at Three Massachusetts Hospitals" »

Seven Massachusetts hospitals have announced a plan to start a new initiative to increase reporting of medical mistakes and cut down on medical malpractice lawsuits.

The "Road Map to Reform" plan for the test hospitals calls for doctors and nurses to take the unusual step of fully disclosing medical mistakes to patients and apologize. Three large insurers and a medical group have donated about $1 million to underwrite the initial work. The plan was developed by a coalition of physician, hospital and patient groups, which included the Massachusetts Medical Society, the state's largest physician group. Legislation has also been proposed to assist the effort.

"This program appears to be a first step towards fair compensation of injured patients. However, the devil is in the details, and the foremost concern is that patient's rights must be preserved," said Massachusetts medical malpractice lawyer Marc Breakstone.

The test hospitals include Beth Israel Deaconess Medical Center in Boston, Beth Israel Deaconess Hospital-Needham, Beth Israel Deaconess Hospital-Milton, Baystate Medical Center in Springfield, Baystate Franklin Medical Center in Greenfield, Baystate Mary Lane Hospital in Ware, and Massachusetts General Hospital. The plan is expected to be implemented statewide over the next several years.

Here is how the program will work: any medical professional can report a suspected medical error. The hospital will conduct a "root cause analysis" to determine if caregivers or hospital policy or systems were fault. If caregivers are to blame, they will apologize and the hospital and medical malpractice insurers will determine the amount of compensation.

Patients will be encouraged to hire a medical malpractice lawyer during negotiations with the hospital to evaluate whether a compensation offer is fair.

The Massachusetts coalition developed the plan with a $300,000 federal grant. It is based on a plan adopted by the University of Michigan Health System 10 years ago. The Michigan plan reduced the number of medical malpractice lawsuits in half each month and the time to resolve all claims fell from one year and four months to less than a year, according to a 2010 study published in the Annals of Internal Medicine.

The coalition is pushing for legislation to help implement the changes. Changes include a six-month mandatory "cooling-off period" after a medical error occurs before a patient can file a medical malpractice lawsuit. The coalition also wants to make physician apologies inadmissible in the event of a medical malpractice lawsuit.

Attorney Marc Breakstone noted that apologies are already inadmissible in court, so legislation must be carefully crafted to avoid limiting relevant evidence. "A doctor should not be permitted to say that he or she made a mistake, explain the mistake, then immunize the confession with an 'I'm sorry' at the end of the discussion." He added, "Other changes in the legislation need to be studied carefully."

Currently, settlements which involve a physician mistake attributed to hospital policy become part of the physician's public record. One part of the proposed legislation would shield doctors from blame on their public records for medical mistakes attributed to hospital policy, though the medical mistake would remain public through the Department of Public Health.

But in cases where a physician is at fault, settlements would become part of the physician's public record with the Massachusetts Board of Registration in Medicine and the National Practitioner Data Bank.

In addition to the Massachusetts Medical Society, the coalition involved in Baystate Health in Springfield, the Massachusetts Coalition for the Prevention of Medical Errors, and the Massachusetts Hospital Association.

Related:
Massachusetts Hospitals Promise Openness, Apologies, The Boston Globe

Check Your Doctor's Safety Record Online

Continue reading "Medical Malpractice Lawsuits May Be Reduced Under New Programs" »

Text messaging while driving creates a car accident risk 23 times worse than driving while not distracted, according to the U.S. Department of Transportation. This statistic is alarming because while texting behind the wheel is a preventable act, more people than ever are using cell phones while driving, to make calls and text.

Texting while driving is one of the behaviors being highlighted during April's Distracted Driving Awareness Month: One Text or Call Could Wreck It All. Many states are using the month, sponsored by the DOT, to increase awareness and law enforcement efforts.

In 2010, over 3,000 people were killed in distracted driving crashes. in the U.S. Distracted driving behavior includes texting while driving and cell phone use, but also other activities that take a driver's attention off the road. This can include: putting on makeup, grooming, talking to others in the car and GPS use. DOT officials ask drivers to consider distracted driving behavior as any behavior that takes your hands off the wheel, your vision off the road or your mind off driving.

But cell phone use gets the most attention. As cell phone users have increased over the years, so have car accidents related to texting while driving and talking on a cell phone. Today, 9 out of 10 Americans own a cell phone and users are getting younger and younger. The National Literary Trust reports 85 percent of children in this country own cell phones, compared to the 73 percent who own books at home.

Some 37 states, including Massachusetts, ban texting while driving. Ten states, D.C., Guam and the Virgin Islands prohibit drivers from using handheld cell phones while driving. No state bans all cell phone use behind the wheel.

Distracted Driving Awareness Month is an opportunity to assess your driving habits. Our Boston car accident lawyers offer a few ways you can reduce distracted driving in the car:

• Do not talk on your cell phone or text message while driving.
• If you are tempted to use your cell phone, keep it in a place you will not answer or check it when stopped at intersections.
• Keep your GPS mounted on the windshield and enter the the address where you are heading before you start your trip. Stop at the side of the road if you need to make adjustments to the GPS.
• If you are using a printed map, familiarize yourself with your route and plan to make stops.
• Keep eating and drinking to a minimum.
• If you are traveling with a child, give them a book to occupy them. If you are traveling with several children, explain how they must behave in the car so you can focus on the road.
• Do not watch videos.
• Do not apply make-up, comb your hair or perform other grooming activities

Related:

• April is Distracted Driving Awareness Month, U.S. Department of Transportation


• The Growth of Mobile Into 2011


• Cell Phone and Texting Laws, Governors Highway Safety Association

Continue reading "April is Distracted Driving Awareness Month" »

Boston's Hubway bike-sharing system returned to full operation Sunday, when over 60 bike stations began offering rentals for the new season.

The New Balance Hubway had re-opened many stations for the spring on March 15. The program began last July, with 61 stations and 610 bicycles. It was widely used with over 140,000 rides logged between July 28 and November 30, when the program ended for the season. One highlight of the season was the program saw no serious bike crashes requiring ambulance response and only two bike accidents overall.

Boston Bikes, which manages the program, is making bike accident prevention and safety a top priority again this season. It has arranged with a number of local retailers to offer discounted bike helmets. Click here for a list.

The program is experimenting with new station locations this year, including the Boston Convention and Exhibition Center, Seaport Hotel and Cambridge Street in downtown Boston.

The Hubway offers $85 annual memberships or two types of casual memberships: $12 for three days or $5 for 24 hours. Rides less than 30 minutes are free with any membership. Longer rides range in prices. Annual members receive a 25 percent discount.

The program is operated by Alta Bicycle Share in partnership with Boston Bikes, an initiative of the City of Boston. It is partially funded by the Federal Transit Administration. Alta Bicycle Share of Portland, Oregon offers similar programs in Washington D.C. and Arlington, Virginia. It has been selected to manage Chicago's first bicycle sharing program which will launch this summer.

In Boston, there are plans to expand the program into Roxbury, Dorchester, Jamaica Plain and Charlestown, Back Bay and downtown. Nearby, Cambridge, Somerville and Brookline plan to launch 30 stations this year.

Hubway users can find stations by visiting the Hubway website. The website provides a map of bike kiosks. Visitors can also download a free Spotcycle smart phone application at www.spotcycle.net.

Related:

• Facts About Cycling in Massachusetts


• What Every Massachusetts Bicyclist Needs to Know About Car Insurance


• Alta Bicycle Share


• Bicycle Accidents Rare in Boston's Hubway Program, Officials Report


• MassBike

Continue reading "Boston's Hubway Bike-Share Network Now Fully Launched for Year" »

Consumer Reports is stepping into the debate about the medical device approval process, recommending that the Food and Drug Administration require more rigorous testing to prevent defective medical devices from going to market.

The magazine and its advocacy arm Consumers Union wants the FDA to require implants and other medical devices undergo testing to prove they are safe and effective. The FDA began classifying medical devices into three categories in 1976 and stated manufacturers would be required to show clinical data before approval of Class III products, the most at-risk category.

But the FDA routinely clears new medical devices under a process known as 510, in which manufacturers are required to bypass clinical testing if they can show a device is "substantially equivalent" to another device already on the market.

Consumers Reports is calling on Congress to require testing as part of the FDA's approval process for medical devices. Next, it wants the practice of "grandfathering" high-risk implants stopped. Finally, the organizations seek an improvement to the system for notifying patients of medical device failures.

Currently, the system largely relies on physicians who are supposed to notify patients, but this is a problem when doctors stop practicing.

Without changes to the system, Consumer Reports said patients cannot properly protect themselves.

The magazine highlighted three types of defective medical devices which have caused injuries in recent years:

Surgical Mesh: This device was approved several years ago based on its relationship to a product used in the 1950s, even though the two products were inserted differently and treated different areas of the body. The FDA refused calls to recall surgical mesh, but in January ordered 33 companies to conduct the first-ever post-market safety studies of the product. The FDA is also considering reclassifying surgical mesh into a Class III category.

The Consumer Reports article shares the story of a 54-year-old woman who has undergone eight surgeries to correct her transvaginal mesh complications.

Artificial All-Metal Hips: DePuy Orthopedics recalled its ASR XL all-metal hip implant in 2010 after the FDA received about 400 complaints in two years from patients. The two metal parts were rubbing against each other, breaking and spreading metal particles into the blood stream. Injury reports about all-metal hip implants grew after that, with the FDA receiving more than 5,000 reports about hip implants in the first six months of 2011, according to a New York Times article. DePuy hip implants was estimated to account for 75 percent of those injury reports.

Related:

• Consumer Reports Investigates: Dangerous Medical Devices


• Protect Yourself Against Medical Device Injuries

Continue reading "Defective Medical Devices Gain Criticism from Consumer Reports" »

Pfizer Inc. has voluntarily recalled certain lots of birth control pills which may contain ingredient errors or out-of-sequence packaging which could have exposed women to a risk for unintended pregnancy.

In January, Pfizer recalled 14 lots of Lo/Ovral-28 (norgestrel and ethinyl estradiol)Tablets and 14 lots of Norgestrel and Ethinyl Estradiol Tablets (generic) for customers in the U.S. market. The defective pills were distributed to warehouses, clinics and retail pharmacies nationwide.

An investigation by Pfizer found that some blister packs may contain an inexact count of inert or active ingredient tablets and that the tablets may be out of sequence. Pfizer recalled the tablets on January 31, 2012, with knowledge of the Food and Drug Administration (FDA). Pfizer said the error has been corrected.

The tablets were manufactured and packaged by Pfizer Inc., commercialized by Akrimax Rx Products and labeled under the Akrimax Pharmaceuticals brand. The medicine is packaged in blister packs of 21 tablets of active ingredients and seven tablets of inert ingredients. Click the link below for packaging numbers involved in the recall.

The product liability lawyers at Breakstone, White & Gluck are reviewing cases for women who have taken defective lots of these birth control pills and have experienced or are experiencing an unplanned pregnancy. Contact us today at 800-3791244 or 617-723-7676 or use our contact form.

Click for Pfizer and FDA Announcement.

Continue reading "Recalled Birth Control Pills: Lo/Ovral-28, Norgestrel and Ethinyl Estradiol" »

The Food and Drug Administration (FDA) and the Joint Commission are looking to prevent cases of alarm fatigue, a type of medical negligence in which doctors, nurses and staff fail to respond to medical alarms, reported The Boston Globe.

In September 2011, the Globe reported that between January 2005 and June 2010, at least 216 deaths nationwide were linked to alarms on patient monitors that track heart function, breathing and other vital signs. At least 119 other patients have died since 2005 in cases involving warning signs on ventilators.

In many cases, doctors, nurses and other medical professionals failed to respond because of so-called "alarm fatigue," a state where they had grown desensitized to the numerous alarms they heard on a hourly and daily basis, many often false. In some cases, nurses and staff have turned the medical alarm off or the volume down.

The FDA, which is responsible for reviewing medical devices, is now providing its reviewers training on alarm standards and safety, the Globe reported today. The reviewers evaluate 4,000 applications per year from manufacturers. An FDA official told the Globe he wants to make sure new products which are approved are fundamental to patient care and track what a company claims.

The Joint Commission, the national organization that accredits hospitals, has also made preventing this form of medical negligence a top priority. The commission drafted a national patient safety goal on alarm management last year. The commission's advisers want more specific recommendations. The organization plans to survey 4,500 hospitals and 1,000 long-term facilities to develop those more detailed recommendations to prevent this medical negligence.

Several Massachusetts hospitals are attempting to implement patient safety changes on their own after being subject to medical malpractice lawsuits in alarm fatigue cases.

After settling a medical malpractice lawsuit in April 2011, Massachusetts General Hospital in Boston disabled the off switches on 1,100 cardiac monitors, installed alarm speakers and educated nurses about alarm fatigue.

UMass Memorial Medical Center in Worcester saw two wrongful deaths over four years due to failure to respond to patient alarms, according to the Globe in September 2011. The hospital responded by holding monthly drills for medical staff, arranging for seminars for hospital nurses and started sending low-battery warnings to nurses' cell phones and pagers for life-threatening changes in patient conditions.

Related:

• FDA Working to Trim Alarm Fatigue, The Boston Globe, March 26, 2012.


• Medical Malpractice, Alarm Fatigue Get Attention, November 28, 2011.


• Alarm Fatigue a Factor in Second Death, The Boston Globe, September 21, 2011

Continue reading "Medical Malpractice, Alarm Fatigue Now Getting FDA Focus" »

A recent Supreme Court ruling is limiting court actions by injured patients who have filed claims against manufacturers of generic drugs.

The ruling was issued last year and said generic drugmakers do not have control over their labels and therefore cannot be sued for failing to alert the public. Under the 1984 Hatch-Waxman Act, generic drugmakers were not required to undergo the Food and Drug Administration's (FDA) lengthy approval process if they could prove the generic drug was equivalent to the brand-name medicine.

In most cases, the Henry-Waxman Act requires generic manufacturers use the same labels as brand-name drugs, with dosing instructions and risks for injury. For this reason, judges have started to dismiss many product liability lawsuits against generic manufacturers while allowing those against brand-name drugs to move ahead.

In a March 20, 2012 article, The New York Times reported that a woman who had received the brand name for an anti-nausea medication had suffered gangrene - or a condition that results in dead or weakening body tissue. She sued the manufacturer Wyeth and won $6.8 million.

Another woman took the generic version of the defective drug, known as promethazine, and had to have her arm and forearm amputated because of complications from gangrene. Her case was dismissed last fall following the Supreme Court ruling.

The Supreme Court ruling comes as Americans are increasingly turning to generic medicines. As prices skyrocket and the economy struggles, many health insurance companies are requiring generics be filled before brand-name drugs. Doctors are required to show medical needs for the brand name over generic.

As a result, nearly 80 percent of prescriptions in the United States are filled generic and most states permit pharmacists to dispense a generic in place of a brand name.

What Can Consumers Do:
Support efforts to change the law. Public Citizen, a consumer advocacy group, has petitioned the FDA to give generic companies greater control over their labels. The move may allow generic drug users to sue. U.S. Rep. Henry A. Waxman, D-California, is also exploring ways to address the issue.

Talk to your doctor. Ask your doctor about the medicine being prescribed, the generic and potential side effects. If you are still concerned about potential injuries, ask your doctor to call your insurance company and request a brand-name.

Research any medication you use. Write down the name of the medicine you are prescribed, the medicine you receive at the pharmacy and research both drugs. Discuss any side effects with your physician.

Consider foregoing insurance. If you are really concerned and can afford the brand-name prescription, consider purchasing it. There are many discount drug programs which may help you reduce your costs. Check with any groups you are affiliated with, including AAA and AARP.

Contact your health insurance company. If the company has required you to use generic medications, ask if it has changed its policy and is now allowing use of brand-name medications.

Related:
Massachusetts Patients' Bill of Rights and Preventing Medical Errors.

If You Are Injured by a Defective Drug.

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