Massachusetts Injury Lawyer Blog

Heading back to school is always a big event, no matter how old a student is. Students look forward to meeting new teachers, starting new classes and being reunited with friends.

But all this activity brings safety concerns. Yet if parents, teachers and students recognize the risks and work together, the Back-to-School season can be an enriching time. Here are some tips to keep your children safe:

Playgrounds. Each year, more than 200,000 children are treated in U.S. emergency rooms for falls on the playground. The goal is to implement preventative measures in your playground and make it as safe as possible if falls do occur.

Start by inspecting playground equipment for any defective or broken parts.There should be a 12-inch depth of wood chips, mulch or sand. Mats should be made of safety-tested rubber or fiber material to prevent head injury if a child falls.

Drawstrings on Jackets and Sweatshirts. Many pieces of fall clothing come with drawstrings. Most people think nothing of these until a child endangers himself or a classmate, often unknowingly.

Prevent a dangerous situation where a child gets strangled. Remove drawstrings on hoods. Cut drawstrings from the waste or bottom of jackets, coats and sweatshirts to three inches.

Loops on Window Blind Cords. Visit your child's classroom to ensure it's a safe environment. Look at the windows to see if they have blinds with a long cord. If there are blinds with cords, this is a safety hazard. A child could strangle himself when the teacher's not looking or swallow the plastic piece at the end of the cord.

Bikes. Many students ride their bicycles to school. It's important for drivers to watch out for them, but parents also need to educate students on how to avoid bike accidents. The first rules is bike helmets. Massachusetts has a mandatory bike law for minors under 16. Beyond the law, bike helmets prevent and reduce head injuries should your child take a fall.

To learn more about school safety, visit the Consumer Product Safety Commission web page, "American Goes Back to School Program."

Continue reading "Time to Think Back to School Safety" »

The DePuy Orthopaedics unit of Johnson & Johnson has recalled two types of hip implants that have failed one in eight patients and required a second surgery within five years. The standard hip implant lasts for 15 years.

DePuy recalled its ASR XL Acetabular System, a traditional hip implant procedure, and the ASR Hip Resurfacing System last week. Only the traditional hip implant procedure is available in the United States. About 93,000 DePuy devices have been implanted worldwide.

The recall was issued because of friction between the implant's metal components. The friction generates metal ions which affect the healing of the joint in some people. The device is also difficult for surgeons to properly implant in the precise location.

In the past two years, the Food and Drug Administration has received about 400 complaints about DePuy hip implants.

The product recall is the latest in a series for Johnson & Johnson, which has pulled Tylenol and Acuvue contact lenses from shelves in recent months. The Tylenol recall is the subject of a federal inquiry over the company's handling of over-the-counter product recalls.

If you have a DePuy hip implant, it is important you consult your surgeon. To find out what to expect, visit the Breakstone, White & Gluck website.

Continue reading "DePuy Orthopaedics Recalls Hip Implants--Massachusetts Patients Affected by Defective Product" »

We urge government officials and farms to reconsider food safety measures after the recall of a half-billion eggs and the salmonella poisoning of over 1,300 Americans. And it is time for Congress to act on pending legislation that would strengthen the Food and Drug Administration's (FDA) ability to protect the public.

Earlier this month, Wright County Egg of Galt, Iowa issued a voluntary recall of 380 million eggs on its five farms. Shortly thereafter, the FDA and the State of Minnesota identified Hillandale Farms in Iowa as a second source of contamination. Some 550 million eggs were recalled overall.

As the agencies investigate, many are calling for government reform on several fronts.

First, there is the problem of government oversight. The FDA has authority over shelled eggs sold in the grocery store. Yet the United States Department of Agriculture (USDA) has jurisdiction over chickens and any eggs cracked before shipping. Individual states also have inspection power of farms.

These agencies may have contradicting priorities and problems with coordination. In the case of Wright County Egg, the agencies lacked any knowledge of the others' work.

A CBS News report shows state inspectors visited one of Wright County Egg's sites in April, without reporting on 27 key inspection points, including questions about on-site birds, insects and rodents.

The report explains the state inspector saw no need because the farm was assigned a full-time USDA inspector. But the USDA claims its inspector was only responsible for measuring eggs and finding cracked shells.

"When you have multiple agencies in charge of a single issue, sometimes no one's in charge," Caroline Smith Dewall, Director of Food Safety at the Center for Science in the Public Interest, told CBS News. Click here to watch the CBS News video.

Another troubling point CBS News uncovered was the frequency of inspections. Shockingly, records obtained by the news outlet show the FDA has not inspected 56 percent of the nation's food production facilities and farms in the past five years.

Consumers deserve better protection. The legislation that would address these issues is stalled in Congress. The legislation would increase the frequency of inspections and provide the FDA greater authority over food production sites.

The House passed a bill, but it has remained stalled in the Senate despite widespread, bipartisan support. The bill is essential so the Obama administration can continue to revise food safety regulations, including regulations that would improve the safety of egg production.

The Boston personal injury lawyers at Breakstone, White & Gluck support this legislation and encourage you to contact your United States Senator to urge the bill's passage.

U.S. Senator Scott Brown
317 Russell Senate Office Building
Washington D.C. 20510
Phone: (202) 224-4543

U.S. Senator John Kerry
218 Russell Bldg.
Second Floor
Washington D.C. 20510
Phone: (202) 224-2742

Continue reading "Massive Egg Recall Prompts Calls for Food Safety Overhaul" »

For young children, summer is about warm weather, splashing around the pool and family daytrips. These activities often involve a motor vehicle and that, combined with a change in routine during which people may drop their guard, may present dangers. The key is for parents to educate themselves about potential motor vehicle accidents, then actively pay attention.

Hyperthermia and Heat Stroke
With many things on their minds, parents can quickly forget a child who is usually in school is in the backseat. Parents need to be extra careful in the summer not to leave children in the car unattended and should also avoid it in the cooler months.

If the outside temperature is 80 degrees, the temperature inside a vehicle can reach the 100 degree mark within minutes. The National Highway Transportation Safety Administration advises that even temperatures in the 60s can rise beyond 100 inside your closed-up car. Children's bodies overheat much faster than adults and leaving the window open a small amount may not be enough.

Avoid leaving your child in the car unattended by placing your purse or briefcase in the backseat with your child. Also try writing yourself a note and placing it where you will see it when exiting the vehicle. At home, keep your keys out of your child's reach.

Power Windows
Most new cars are built with power windows, a feature great for convenience but potentially dangerous for children.

Implementing strong rules protects your children. Never allow your children to be alone in your vehicle. Teach children not to play with automobile window switches. For your part, never leave the keys in the ignition when you are not there. Before purchasing, investigate vehicles with safeguards, such as power windows that automatically go down when a child's arm gets in the way.

Motor Vehicle Backovers
Adults pulling vehicles out of driveways always need to watch for young children. But the need is greatest in the warm weather when children spend more time outdoors.

Parents and drivers must both work to keep children safe. If you are a parent, keep a close eye on your children. Teach them not to play around cars and to move away when a driver enters a vehicle to avoid a motor vehicle accident. Teach children not to leave their toys in the driveway. Drivers can back out of their driveways slowly and ask children to stand on the sidewalk.

Trunk Accidents
Children love to play and that sometimes leads them to the danger of a vehicle trunk. Because this can be deadly, parents must watch youngsters closely and teach children trunks are for cargo, not for playing.

Always lock car doors and trunks and keep keys out of sight. Keep the rear fold-down seats closed or locked to prevent your children from climbing.

Lastly, explain the dangers of playing in the trunk and show young children how to use the "glow in the dark" trunk release in case of emergency. Auto manufacturers have been required to install these releases in new vehicles since September 2001. If you have an older car, ask your local car dealer about retrofitting your vehicle with the release.

For more tips on children and motor vehicle safety, visit the National Highway Traffic Safety Administration website.

Continue reading "Keeping Kids Safe from Motor Vehicles in Warm Weather" »

Honda has recalled 384,000 vehicles for faulty ignition interlocks that allow drivers to shut off the engine and remove their keys before placing the vehicle into park.

The motor vehicle recall follows at least 28 complaints, 10 of which allege rollaway motor vehicle crashes. In one case, a female owner said she was almost into her house when she noticed her car rolling out of the garage. The car crashed into a cable box at the end of the driveway. In another case, an owner stated the vehicle rolled out of a driveway and crashed into a tree across the street.

One complaint involved a minor injury, Honda said in a statement.

The product recall announced last week involves 197,000 Accords and 117,000 Civics from 2003 and 69,000 Honda Elements from 2003-2004.

Honda has recalled vehicles for similar problems in 2003 and 2005. In those cases, the recalls involved Accords, Odysseys, Acuras and Preludes.

If your vehicle is involved in the Honda recall, you can visit the company's recall website at www.recalls.honda.com or call its recall center at 800-999-1009, option 4. By calling the recall center, you can determine if your vehicle is actually impacted by the recall. Due to a production change during the model years, Honda said some of the vehicles may not have the ignition problem.

Honda expects to mail recall notices in late September and start the process of repairing vehicles. Motor vehicle repairs will be free.

Until then, concerned drivers may contact their local dealer, but Honda said they have not received replacement parts yet.

To read a Christian Science Monitor article about the recall, click here.

To read the National Highway Transportation Safety Administration alert on the recall, click here.

To read Honda's statement on the recall, click here.

Continue reading "Honda Recalls 384,000 Vehicles for Faulty Ignition Interlocks" »

A recent Boston Globe editorial sheds an important light on how to prevent pool drownings.

The editorial points out that many states already have strong pool safety laws. For example, Massachusetts and nine other states have laws requiring fencing around pools. Safety groups also recommend pool gates be self-closing, self-latching and equipped with an alarm. Angelo Puppulo Jr., a state representative from Springfield, has further proposed mandating motion-detecting pool alarms and other safety measures.

The Consumer Product Safety Commission calls these steps, "layers of protection" and it's an important concept to think about incorporating into your backyard pool - regardless of whether you have children.

The Boston Globe editorial, however, points out pool safety goes beyond the "layers of protection" strategy. Here's a startling statistic shared in the editorial: nine out of 10 children who drown are being supervised by a parent or caregiver at the time.

This means we need to rethink how we supervise children in the pool. Listening while a child plays in the pool may not be enough. Drowning children are struggling to breathe, unable to call for help. Rather than splash, children will sink to the bottom of the pool.

When with a group of adults, the Consumer Product Safety Commission recommends designating someone the "pool watcher." But with more than one child, the more eyes the better.

Read the Boston Globe editorial, "Pool Safety: Eyes on Kids at All Times," Aug. 4, 2010

Read another Boston Globe article, "Drownings Put Focus on Pool Safety," Aug. 7, 2010

Continue reading "Shedding an Important Light on Pool Safety" »

The Massachusetts social host law was back in the media this weekend when a mother and son were arrested following a large underage drinking party at their Cohasset home.

Police found 30 people at the Deep Run Road gathering. The mother was charged with furnishing alcohol to minors under the social host law, keeping a disorderly house and disturbing the peace. Her 18-year-old son was charged with furnishing alcohol to minors and being a minor in possession of alcohol.

The Massachusetts social host law - formally known as the Social Host Responsibility Law - was passed in 2000 after the 1996 death of a Marshfield teen. The teen had been drinking at a Cohasset graduation party and left with a blood alcohol limit of .19, crashing his car.

In that case, the homeowner was at the party but acquitted of providing alcohol to a minor. This was in part because underage guests helped themselves to unsupervised alcohol and were not offered drinks.

The social host law now holds Massachusetts homeowners and their teenagers more accountable. It is against the law to serve minors alcohol and allow them to consume it on any premises you control. The penalty is a fine up to $2,000, imprisonment for a year or both.

A person charged under the law can expect to face a civil lawsuit as well. If an underage guest leaves a party and causes a motor vehicle accident involving personal injury or death, both the underage guest and the party host may be liable.

When two or more parties are found civilly liable, any one of them may be required to pay the full judgment if the other party or parties cannot afford to pay.

Continue reading "Massachusetts Social Host Law Holds Property Owners Accountable for Underage Drinking" »

The Supreme Judicial Court (SJC) of Massachusetts today changed the rules in slip and fall cases involving snow and ice.

The Massachusetts high court eliminated the distinction between natural and unnatural accumulations of snow and ice, replacing it with the standard rule of reasonable care for all property owners.

The change came in a case involving a Peabody resident who fell on ice in the parking lot of the Target department store at the Liberty Tree Mall in Danvers. The trial court determined the ice was a natural accumulation and found for Target and the landscaping company. The personal injury case was affirmed by the Appeals Court. The SJC took the matter on further appellate review and invited briefs on whether the time had come to reconsider the long-standing doctrine concerning unnatural versus natural accumulations of snow.

The court found for the plaintiff and eliminated the distinction in Papadopoulos v. Target Corporation, SJC-10529 (July 26, 2010). For additional analysis of the case, read our Lawyer Alert! The full text of the decision can be found by clicking here.

Continue reading "Massachusetts Legal Standard for Slip and Falls on Snow Changes" »

The warm weather is here and that means many Massachusetts residents can be found poolside. The pool is a fun spot for all ages, but it also poses safety risks. These risks can be reduced by the use of good judgment and common sense.

We want you and your loved ones to be safe. Sadly, each year, more than 300 children under 5 years old drown in residential swimming pools - often pools belonging to their own family. More than 2,000 children the same age are treated in hospital emergency rooms for pool-related injuries.

Here are common sense safety tips to help keep your family safe around the swimming pool:

• Learn CPR and make sure babysitters and older siblings have CPR training.


• Do not allow children to swim without supervision, even if they have attended swimming lessons.


• If a child is missing, check the pool first. Seconds count in preventing death or disability.


• Install a fence or barrier around your pool. The fence should be at least 4 feet high and have a self-closing, self-latching gate.


• If the fence is chain link, then no part of the diamond-shaped opening should be larger than 1-3/4 inches.


• Install a pool alarm to alert an adult when someone enters the pool area unauthorized. A key pad switch alarm allows adults to pass through without setting off the alarm.


• Keep rescue equipment and a phone with emergency numbers by the pool.


• If there are multiple adults at the pool, designate one person the pool-watcher to avoid distractions.


• Ladders leading from the pool to the ground or to a pool deck should be locked or removed when the pool is out of use.


• Remove toys that may attract children from in and around the pool when they are not in use.

Continue reading "Be Safe in Massachusetts Pools This Summer" »

An important Supreme Judicial Court decision this week affirmed the statutory right for admitting medical bills in Massachusetts courts, but opened the door for rebuttal.

In Law v. Griffith, SJC-10463 (July 20, 2010), Massachusetts' highest court ruled on a Middlesex Superior Court case involving G.L. c. 233, Sec. 79G. The Supreme Judicial Court affirmed an earlier opinion of the Appeals Court, reversed a Superior Court judge and ordered a new trial in a case where the judge improperly restricted evidence of medical expenses.

The high court's decision provides a window for attorneys to ask judges to tender jury instructions on medical liens.

Read the case and analysis from Breakstone, White & Gluck here.

Continue reading "Massachusetts Lawyer Alert: A SJC Ruling on Admissibility of Medical Expenses" »

A recent study published by The Journal of the American Medical Association highlights the need for more physicians to report colleagues who endanger patient safety.

The study, conducted by doctors at Massachusetts General Hospital, surveyed 3,000 doctors nationwide about reporting colleagues who are incompetent or who engage in substance abuse or other improper behavior. More than one-third responded that they do not fully support the idea that these doctors should be reported, according to a Boston Globe editorial on the study. Just over one-third of doctors with direct knowledge of a colleague's impairment kept quiet.

While many states mandate reporting, the study found many physicians did not act because they thought someone else was already handling the problem. Other reasons included fear of retribution and cultural differences. The study found minorities and doctors with degrees from overseas were less likely to report peers.

Beyond reporting mandates, the right to practice medicine is a privilege. Because patients' lives are at stake, there must be zero tolerance for physicians not reporting any medical professional engaging in suspect behavior.

Medicine is a profession, not a club where doctors should be allowed to protect each other above and beyond patients. Hospitals and senior physicians need to embrace the idea of reporting so other doctors understand their obligation.

The Boston medical malpractice lawyers at Breakstone, White & Gluck have extensive experience handling complex medical malpractice claims, including medication errors, failure to diagnose cancer and surgical malpractice. We have seen first-hand how doctors who ignore a colleague's improper actions endanger patient safety. These doctors need to remember there are consequences and in their profession, those consequences can come at a moment's notice.

To read an abstract of the study, visit The Journal of the American Medical Association.

To read an editorial about the study, visit The Boston Globe.

Continue reading "Doctors Must Protect Patients and Report Unsafe Colleagues" »

Just weeks after a massive children's crib recall, a portable playard tent linked to a young boy's fatal strangulation has been pulled for safety.

The U.S. Consumer Product Safety Commission (CPSC) and Health Canada, in cooperation with Tots in Mind Inc. of Salem, New Hampshire, has announced the voluntary recall of 20,000 Cozy Indoor Outdoor Portable Playard Tents Plus Cabana Kits. An additional 85 tents were recalled in Canada.

The tent is a white dome-shaped covering designed to fit over playards that contain a child. In December 2008, a two-year-old boy from Vinalhaven, Maine died when he climbed out of the playard. He was found hanging with his neck entrapped between the playard frame and the metal base rod of the tent. In this case, the tent had been tied to the playard with pieces of nylon rope and partially attached with the tent's clips because the child knew how to remove the clips.

In three other incidents, children removed the clips on the tent and were able to place their necks between the tent and the playard. The children were not injured.

The unsafe cribs were made in China and sold at Walmart, Amazon and various baby stores from January 2005 to February 2010.

Consumers should immediately stop using the playard tents. They can contact Tots in Mind to get free replacement clips. Replacement clips will be available in late August or early September.

This is the second major product safety recall affecting parents and children in recent weeks. In June, the CPSC recalled two million cribs because of an unsafe drop-side rail, which created a gap where a baby's head could become trapped. Government officials say this could lead to suffocation or strangulation.

The companies involved in the recall include Evenflow, Delta Enterprises Corp., Child Craft, Jardine Enterprises, LaJobi, Million Dollar Baby and Simmons Juvenile Products Inc.

Continue reading "Product Safety Recall: Baby Tents Pose Strangulation Risk" »

Massachusetts and several other states have been awarded $25 million in patient safety grants from the Department of Health and Human Services. The funds will be used to implement medical care reform and establish plans for reducing future errors.

The funding is part of a patient safety and medical liability initiative announced by President Barack Obama in September 2009.

The Massachusetts Department of Public Health received funding to involve clinicians, patients, medical malpractice insurers and state officials in a discussion about medical errors and malpractice. The goal is to improve efficiency in all aspects of medical care and reduce medical errors resulting in severe personal injury and death.

The grants were awarded in two categories. Three-year awards of up to $3 million will allow states and health systems to implement and evaluate patient safety and medical liability demonstrations. One-year grants of up to $300,000 are for states and health systems to establish a plan for reviewing patient safety in the future.

Health and Human Services Secretary Kathleen Sebelius said: "This new research is the largest government investment connecting medical liability to quality and aims to improve the overall quality of health care."

The Boston medical malpractice lawyers at Breakstone, White & Gluck view this grant as a critical move in improving medical care. Each year, 195,000 people die as a result of preventable medical errors and even more sustain life-altering personal injuries.

Continue reading "Massachusetts Patient Safety Grants Target Medical Liability" »

Massachusetts has banned the commercial use and sale of lacquer sealer, a highly flammable wood floor finishing product linked to deadly home fires.

Gov. Deval Patrick signed the safety bill into law this week. The bill had strong support from MassCOSH (the Massachusetts Coalition for Occupational Safety and Health), which convened a Floor Finishing Safety Task Force to investigate the problem.

The task force was convened after a 2004 house fire in Somerville claimed the lives of two Vietnamese floor sanders and burned their co-workers. Shortly after, a Vietnamese flooring contractor died in a Hull house fire. Both fires involved the use of lacquer sealer used in floor finishing.

"This groundbreaking law will save lives and end floor finishing fires that have caused so much pain and destruction," said Marcy Goldstein-Gelb, executive director of MassCOSH. "We owe a great deal of thanks to the Governor and Legislature for recognizing these grave dangers and taking action to protect workers and residents."

Following the three fatal fires, the Floor Finishing Safety Task Force issued a 2005 report stating Boston had seen 25 fires involving lacquer sealer over the 10 previous years and Needham had seen two in the prior year that threatened worker safety.

In the 2005 report, the task force recommended the state promote use of non-flammable water-based finishers to protect Massachusetts worker safety and prevent worker deaths.

The task force observed the problem of flammable lacquer sealer was targeting Massachusetts' Vietnamese community, which has a large concentration of workers in the floor finishing industry.

The bill proposing the ban was jointly filed by state Rep. Martin Walsh and Sen. Patricia Jehlen.

Breakstone, White & Gluck of Boston is a supporter of MassCOSH and its work to protect Massachusetts construction workers and other employees.

To learn more, visit the MassCOSH website.

Continue reading "Massachusetts Law Bans Highly-Flammable Floor Sealer" »

Toyota recalled 270,000 Lexus and Crown vehicles sold around the world this week due to possible contamination during valve spring manufacturing. The company has now recalled more than 8.5 million vehicles for sticking gas pedals, anti-lock brake software glitches and a host of other safety problems.

Massachusetts Lexus owners impacted by the motor vehicle recall will receive official notice from Toyota by first-class mail. Owners will be asked to contact their local Lexus dealer to have the engine's valve spring replaced at no charge.

Toyota said a foreign substance involved in manufacturing may have contaminated a small number of the valves. If a vehicle is defective, drivers may notice idling or abnormal engine noise. The engine could also stop while the vehicle is in operation.

Of the 270,000 recalled vehicles, 138,000 were sold in the United States, 91,903 in Japan, 15,000 in Europe, 10,000 in the Middle East, 6,000 in China and 4,000 in Canada.

The vehicles were sold between July 2005 and August 2008. They include Lexus models GS350, GS450h, GS460, IS350, LS460, LS600h, LS600hl and Crown models.

This Lexus recall comes just days after Toyota recalled another Lexus model - the Lexus HS250h - because it spilled too much gasoline during crash tests. The tests were part of yearly safety reviews by the National Highway Traffic Safety Administration (NHTSA).

In May, Toyota paid a record $16.4 million fine in the United States for responding too slowly when motor vehicle safety problems emerged. The fine was the largest civil penalty ever assessed against an auto maker by the NHTSA.

The NHTSA has linked 89 motor vehicle deaths and 57 injuries over the last decade to Toyota accelerator problems. Overall, it has received more than 6,200 complaints involving unintended acceleration in Toyota's cars.

Toyota faces more than 200 lawsuits in the United States. The cases involve defective automobiles, lower resale value of Toyota vehicles and stock price declines. The lawsuits, including 130 class-action lawsuits, are being heard in Southern California, near Toyota's Torrance headquarters.

Continue reading "Toyota Recalls Lexus Models: What to Do if You're a Lexus Owner" »