Massachusetts Injury Lawyer Blog

UPDATE: Breakstone, White & Gluck will be representing the most seriously injured passenger from this accident. Please check our news page for more information on the suit filed for this MBTA accident case.

ORIGINAL BLOG: A serious crash involving two MBTA D Line trolleys on May 28th has left the operator of the second train dead, and dozens of passengers injured and hospitalized. The accident happened as the commuter trains were approaching the Woodland Station in Newton. The first two-car trolley was stopped at a red signal when it was rear-ended by the second two-car train.

Both Green Line trains were packed with evening rush-hour commuters, heading home at about 6:00 PM. Passengers were thrown to the floor. Several were treated on a nearby golf course; several were taken by ambulance to area hospitals with serious injuries; one was taken by MedFlight to the trauma center at Boston Medical Center. Many other passengers found their way to hospitals on their own.

Both of the smashed MBTA trains were derailed by the impact. Reports indicate that some passengers were thrown as much as 20 feet inside the cars.

Continue reading "MBTA D-Line Trolley Cars Collide in Newton, MA; Several Injuries and One Death Reported" »

The CALAXO surgical screw has been recalled because it has been identified as a dangerous medical device. The device, which has been used in surgical repairs of the anterior cruciate ligament (ACL) during knee surgery, has been determined to be a defective product because of the unacceptably high rate of post-surgery complications. The defective product has been approved for use in the United States since 2006, has been recalled by the United States distributor, Smith & Nephew, Inc., Endoscopy Division of Andover, MA. The US recall was issued urgently on August 21, 2007. The screw was also ordered recalled in the United Kingdom.

If you had surgery which involved the CALAXO surgical screw, you should contact the CALAXO screw recall lawyers at Breakstone, White & Gluck to determine your rights and options on this defective product. Time is of the essence in product liability cases.

More Details on the Defective Product: The CALAXO Bioabsorbable Interference Screw is used to secure the anterior cruciate ligament graft during surgical repair of the knee ligament. The screw is designed to be absorbed by the body within a year following the procedure and also to promote bone growth. In some patients, the CALAXO screw caused tissue swelling in the tibia, where the screw has been placed. Symptoms may include swelling, redness, fever, and severe pain.

Continue reading "CALAXO Screw Recall--Defective Surgical Screws Recalled by Manufacturer, Smith & Nephew" »

For years the medical malpractice insurance companies have been complaining about the medical malpractice "crisis" in Massachusetts. High insurance rates, they complain, are driving physicians out of the state, making specialists hard to find.

But now there is good news: The insurance crisis does not exist! In fact, when adjusted for inflation, medical malpractice insurance rates are, on average, dropping in Massachusetts, according to a recent report from Suffolk University. The study examined rates for a thirty year period, and compared rates from 1990 to rates in 2005.

And while insurance rates did go up for the smallest handful of specialties-- obstetricians, neurologists, and orthopedists doing spinal surgery, comprising 4% of all doctors--other physicians enjoyed the effect of lower rates. Medical malpractice rates within those specialties did not always go up, because the highest rates were reserved for the riskiest practices.

In the words of the lead author of the study, Marc Rodwin, "If you don't find a crisis here, you're probably not going to find one nationally."

Medical malpractice insurance premiums are a very small part of the overall cost of health care. Year-to-year fluctuations in malpractice premiums relate largely to economic factors, such as the stock market, as opposed to claims paid by the insurance companies. All doctors in Massachusetts are required to have medical malpractice insurance.

More information
Most Mass. doctors face lower cost for malpractice coverage, Boston Globe
Study Shows No Malpractice Premium Crisis For Massachusetts (second article)