Massachusetts Injury Lawyer Blog

Massachusetts workplace accidents and the lives they claim were the focus today at the Workers' Memorial Day Commemoration and Rally at the Massachusetts State House. The event honored the 62 workers killed on the job in Massachusetts last year. Organizers called for workplace safety improvements to prevent more injuries and deaths.

The names of the victims of workplace accidents were read aloud at the beginning of the rally, and a moment of silence honored the men and women, as well as their families. 

In a report on Massachusetts workplace accidents released today, the Massachusetts Coalition for the Occupational Safety and Health (MassCOSH) said for every worker killed on the job, 10 more die from occupational disease. Massachusetts workplace accidents resulting in death in 2009 included:

• 6 servicemen and women who died as a result of the war in Iraq


• 9 construction accident deaths


• 7 fishing accident deaths


• 11 deaths among Massachusetts firefighters


• 11 transportation accident deaths


• 6 workplace violence deaths

MassCOSH, which co-sponsored today's rally with the Massachusetts AFL-CIO and the Greater Boston Labor Council, estimated 1,800 Massachusetts workers were diagnosed with cancers caused by workplace exposures last year. Another 50,000 Massachusetts workers reported serious personal injuries.

There are currently several efforts to prevent Massachusetts workplace accidents. Last Workers' Memorial Day, Governor Deval Patrick issued an executive order establishing health and safety committees in all state agencies. But MassCOSH said a glaring problem that still must be changed is that Massachusetts' public sector employees are not covered under the federal Occupational Safety and Health Act (OSHA) like private sector workers.

Among other recommendations, MassCOSH calls on the state to be more proactive and to protect temporary workers by passing the Employment Agency Bill (Senate Bill 2364). This bill will require employment agencies to provide written notice about key details of job assignments, the work site employer, the type of work to be done, the right to workers' compensation and other important information. We believe this bill is especially important in light of this economic time.

MassCOSH's complete report is titled, "Dying for Work in Massachusetts: Loss of Life and Limb in Masachusetts Workplaces." It is available from MassCOSH.

Boston attorney David White (below) attended the rally on behalf of the firm.

Breakstone, White & Gluck, a Massachusetts workplace accident law firm, supports MassCOSH and its work to improve Massachusetts workplace safety, inspections and enforcement.

Continue reading "Massachusetts Workers Rally for Safety and to Commemorate Fallen Workers" »

David White, a principal at the Boston personal injury law firm of Breakstone, White & Gluck, recently appeared on Money Matters Radio for their mid-day show. Here is the audio from the presentation.

Money Matters Radio Broadcast

David talks about what car insurance you should have to protect yourself, and others, in the event of a car accident; about medical malpractice; and about insurance bad faith in Massachusetts.

To download the broadcast, click here.

Many thanks to our good friends at Money Matters Radio and host Chris Findlen.

We were pleased to see city officials convene a Boston bicycle safety summit last week to discuss ways to improve public safety on the roads.

As Boston personal injury lawyers, we spend our days handling cases of wrongful death and serious personal injuries resulting from Massachusetts bicycle accidents. But our work only helps victims cope with circumstances that could have and should have been prevented.

We know the best remedy for victims of serious bicycle accidents is meaningful dialogue and education. We applaud the city of Boston and Mayor Thomas Menino for providing this after a handful of Boston bike accidents, including one fatal collision that killed cyclist Eric Hunt.

News of the Boston bicycle accidents brought a couple hundred bicyclists to last week's Boston bicycle safety summit. Menino and Nicole Freedman, director of the city's Boston Bikes program, showed they were ready to listen along with state Transportation Secretary Jeffrey Mullan, Boston police commissioner Edward Davis and several other state and city officials.

As Boston personal injury lawyers with over 30 years experience, we have seen many well-intentioned efforts and discussions spring from wrongful deaths and serious personal injuries. But as the media spotlight fades and we start our work of seeking compensation to help the victims and their families go on with their lives, we've also seen these good efforts subside.

The city has promised to hold another summit in three months. The Boston personal injury lawyers at Breakstone, White & Gluck hope this summit takes place as planned. We call on bicyclists and officials to participate as widely as you did last week to make sure the important gatherings continue. Your input will make Boston safer for cyclists and drivers alike.

Our firm supports several bicycle safety programs in Massachusetts. We are proud supporters of MassBike, the Northeast Bicycle Club, the Charles River Wheelmen, Bikes Not Bombs and the New England Mountain Bike Association.

Continue reading "Stay Committed for Second Boston Bike Safety Summit" »

As it finally cracks 50 degrees and Massachusetts residents get their first taste of spring, everyone is heading outside. Enjoy the nice weather tending to the yard and pedaling your bike, but don't forget to avoid personal injuries.  Here are some ways you and your family can avoid personal injuries:

Swimming Pool Safety

On a hot humid Boston day, a swimming pool can be an oasis.  However, swimming pools can be hazardous for young children.  Adults should keep a close eye on children, whether in or near the water.  Home pools should be surrounded by a fence that is at least 5 five feet high and self latches.  When not in use, the pool fence should be locked.  Keep the area around the pool free of clutter that can cause someone to trip.  Poolside rescue equipment- such as 10-12 foot rescue pole and a ring buoy with line- should be kept close by.  Keep a life vest close by and outfit all poor swimmers with a life vest.  Be aware that the suction from pool drains can entrap swimmers underwater.  Finally, keep pool chemicals in a safe place, out of reach of children.

Lawnmower Safety

Lawnmower safety starts with the proper shoes. Although it feels great to slip into sandals after months in boots, always wear sturdy shoes when operating a lawnmower along with eye and hearing protection. The next rule of lawnmower safety is to survey the yard for sticks, stones, and other objects that can go flying when struck by a lawnmower blade.  Use a mower that will stop moving forward and will stop the blades' movement if the handle is released.  Wait for the blades to stop before crossing a street or trying to remove the grass catcher or discharge chute.  Start and refuel motors outside on the yard, rather than in the garage.  Finally, never let children under 12 operate a handheld mower or under 16 operate a ride-on mower.

Bicycle Safety

Adults and children alike should wear helmets when riding bikes.  Helmets prevent serious injuries and can keep a bike accident from being a fatal accident.  Helmets should be worn level on the head with the chin strap secured so the helmet cannot move.  Also, when purchasing a bike for your child, make sure the bike is the right size for the child.  An oversized bike can be hard to control and dangerous.

Playground Safety

Anyone who has ever fallen off a slide or slipped off the monkey bars knows there are significant risks for personal injuries at the playground.  Always keep a watchful eye on children.  If putting together playground equipment, make sure the equipment is assembled according to instructions and weighted to the ground.  Periodically check for loose, rusted, or sharp pieces.  Install safety padding, mats, or soft fill material beneath playground equipment, extending out six feet on all sides.  Do not allow children to attach ropes to the playground equipment to avoid strangulation hazards and accidents if the rope comes loose.  Make sure walls and fences are at least six feet away from all playground equipment.

For more tips on keeping your family safe this spring and summer, see the following websites:

Home Safety Council (Pool Safety)

US Consumer Product Safety Commission (Pool Safety)

Department of Transportation (Bike Safety)

HealthyChildren.Org (Lawnmover Safety)

Continue reading "Massachusetts Safety Tips for Enjoying the Warm Weather" »

Boston bicycle safety has markedly improved over the past two years with several new safety initiatives, including the creation of new bike lanes, publication of the city's first biking map and installation of hundreds of bike racks.

But Boston bike safety is back in focus this month after three bicycle accidents within the city, including one fatal bike accident that claimed the life of a 22-year-old cyclist and another causing serious personal injuries.

"The biggest problem compared to other cities I've ridden in ... whether people are biking, walking or driving around the city, everyone has this 'me first' attitude," David Watson, executive director of the Massachusetts Bicycle Coalition, recently told the Boston Metro newspaper. "That's a huge issue - changing the way everybody thinks."

We applaud Boston Mayor Thomas M. Menino for calling the city's first Bicycling Safety Summit after the accidents to provide bicyclists and city officials a chance to discuss ways to prevent bicycle accidents in Boston.

The reality is that both drivers and bicyclists need to take responsibility for co-existing with each other, along with walkers. This means education, especially considering the fact that the laws governing bicycling were amended by the Massachusetts legislature in 2009. Drivers still need to learn their new responsibilities when overtaking cyclists, when turning, and when opening doors in traffic. 

For anyone thinking about enjoying the city on two bicycle wheels this summer, we encourage you to register for one of the Massachusetts Bicycle Coalition's upcoming bike safety classes on May 6 or May 19 at City Hall. The move could save a life.

Our firm supports cycling programs and bicycle safety in Massachusetts. We are proud supporters of MassBike, the Northeast Bicycle Club, the Charles River Wheelmen, Bikes Not Bombs and the New England Mountain Bike Association.

Continue reading "Boston Bike Safety Gets Much-Needed Attention During Summit" »

As Toyota suspends sales of the 2010 Lexus GX 460 amid motor vehicle safety questions, concerned drivers can find relief by requesting a loaner sports utility vehicle.

Toyota - already forced recently to recall 2.3 million vehicles over motor vehicle safety defects - halted sales this week after Consumer Reports issued a "Don't Buy: Safety Risk," warning because tests revealed handling problems with the electronic stability control. The magazine is concerned about potential motor vehicle accidents and motor vehicle rollovers. No motor vehicle accidents involving personal injuries or deaths have been reported, but the magazine's "don't buy" warning is its first in nearly a decade for a motor vehicle.

"Drivers are facing an extraordinary number of recalls, mostly from Toyota," said Boston personal injury attorney David W. White of Breakstone, White & Gluck. "Massachusetts residents should immediately seek repairs or loaner vehicles to protect themselves, their families, and other drivers."

Lexus will provide a loaner vehicle for any customer who has bought a 2010 Lexus GX 460 since the vehicle's December release. Customers can call Lexus at 800-255-3987. Lexus has sold about 5,000 vehicles since the Lexus GX 460 was released.

Toyota has suspended sales and production of the Lexus 460 as it tests all its Lexus and Toyota SUVs following the Consumer Reports warning. The carmaker said its engineers previously found no issues with motor vehicle safety, but are now trying to duplicate Consumer Reports' testing to correct the product safety rating.

Toyota recalled 2.3 million vehicles in January for a so-called "sticky pedal defect." The National Highway Traffic Safety Administration (NHTSA) is now seeking the maximum civil penalty of $16.375 million against Toyota for failing to notify the government agency for at least four months about the product safety defect. Government officials say company officials knew about the potential risk to consumers.

The penalty being sought against Toyota would be the largest civil penalty ever assessed against an auto manufacturer by NHTSA.

For assistance with a product liability case or case involving a wrongful death or personal injury, contact the experienced attorneys at the Boston firm of Breakstone, White and Gluck. The lawyers have over three decades of experience with motor vehicle accident lawsuits and truck accident lawsuits. To consult with a professional and experienced attorney, call 800 379 1244.

Preventable hospital infections are claiming some 100,000 lives a year nationwide and threatening patient safety, despite a renewed focus on cleaning up hospitals, the US Department of Health and Human Services' Agency for Healthcare Research and Quality has found.

A recent report found in-hospital infections warrant "urgent attention," with rates of post-operative bloodstream infections and catheter-associated urinary tract infections increasing by 8 and 4 percent respectively. Yet there is good news: the Agency found overall health care quality is slowly improving.

The Agency found hospitals have adopted basic standards for hand hygiene, disinfecting patients, sterile handling of equipment and antibiotic use. 

The Secretary of Health and Human Services, Kathleen Sebelius, anticipates a new law will improve the rates for hospital-acquired infections and prevent fatalities.  Starting in the 2015 fiscal year, hospitals with high rate of infections will face penalties.

Hospital-acquired infections are pervasive and fatal but also extremely preventable.  The Committee to Reduce Infection Death (RID) points to several areas where hospitals can improve: First, over half the time, doctors do not disinfect their hands immediately before touching a patient.  Also, many hospitals do not screen incoming patients for MRSA, one of the most pervasive in-hospital infections.  Finally, surgery patients may not be advised to shower with chlorhexidine soap daily before the operation, although the practice reduces the risk of infection.  RID hypothesizes as evidence of the preventable nature of in-hospital infections grows, so will hospital liability.

For more information on the Agency's Annual Quality and Disparities Report, see this press release or the reports themselves.

For information about different types of hospital-acquired infections and methods to reduce infections, see this guide from the World Health Organization.

Continue reading "New Report Finds that Preventable Infections Still Plague Hospitals-- New Law to Crack Down on Unclean Hospitals" »

Guidant LLC, a division of Massachusetts' company Boston Scientific, has plead guilty to two misdemeanor counts alleging the medical device maker failed to disclose product changes involving over 20,000 implantable heart monitor devices.

The medical device manufacturer plead guilty Monday, April 5 and will learn over the next few weeks whether U.S. District Judge Donovan Frank will accept a proposed $296 million plea deal - the largest criminal assessment ever proposed against a medical device company.

The Department of Justice accuses Guidant of changing the design of its implantable cardioverter defribrillators, or ICDs, and failing to notify the Food and Drug Administration (FDA) of subsequent problems that lead to a Class 1 medical recall - the most serious category which indicate a defective product has the potential to cause serious personal injury or wrongful death. 

Guidant's implantable cardioverter defribrillators, Ventak Prizm 2 DR and Contak Renewal 1 and 2, were designed to monitor patients for abnormal heart rhythms and deliver electric shocks to keep the heart beating properly. But Department of Justice officials say Guidant discovered as early as 2002 that Ventak had the potential to suffer an electric arc, which could short-circuit the device. Although problems continued with the defribrillator, Guidant didn't issue a warning until 2005. In at least seven cases, the devices failed to issue a lifesaving shock and the patient died.

In 2005, Guidant sent a product update to doctors, advising that a yellow warning screen indicated a potentially serious problem. However, the FDA says the company should have sent a product correction, rather than a product update, since the change reduced the risk of serious injury, and should have notified the FDA of the change within 10 days. Guidant ultimately recalled its three devices in 2005. 

Attorneys for the affected patients are now urging the court to reject the plea deal because it will not provide restitution payments to victims.  The government prosecutor has argued that the victims have other remedies for compensation and that the applicable law does not require restitution.  The prosecutor points to the fact that most of the victims have settled civil suits with the company and the company has paid out over $650 million in settlement and warranty payments.  Additionally, $42 million of the plea amount is forfeited funds and victims can petition the Justice Department for their share.

For more information on the plea deal, see this Boston Globe article and this Star Tribune article.

Continue reading "Defective Product Leads to Proposed Plea Deal in the Largest Criminal Penalty Ever Assessed Against a Medical Device Company " »

A lawsuit over tired truck driving may eliminate an embattled rule that concerns safety advocates about the risk of truck accidents, motor vehicle accidents and wrongful deaths on the nation's roadways.

Since 2004, advocacy groups have been battling an hours-of-service rule passed by the Bush administration that increased the maximum number of consecutive hours a trucker could work from ten to eleven and decreased the rest and recovery time from fifty hours to thirty-four. Safety advocates claim that the changes are likely to lead to more motor vehicle accidents, serious personal injuries and wrongful deaths.

Twice, advocacy groups have successfully challenged the rule in court just to have the administration reissue the same rule.  In 2004, the court vacated the hours-of-service rule on the grounds that the government did not adequately consider the effects of longer driving hours on individual truck driver welfare and public safety.  In 2007, the court vacated the rule again because the agency did not allow public notice and comment on the new crash risk analysis used as justification to reissue the same rule. 

Advocacy groups brought a third lawsuit in 2009 and will finally see an outcome. As part of a legal settlement, the Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA) have agreed to redraft the existing hours-of-service rule. In January, the agencies held several sessions around the country to gather public comment.

As they start work, safety advocates hope that the new rule will reflect the dangerous reality of tired truckers.  The deaths and personal injuries caused by drivers falling asleep in the cab can be catastrophic for truck drivers and people on the road. 

The U.S. National Transportation Safety Board points to driver fatigue as a likely factor in twenty to forty percent of truck crashes.  Safety advocates, including members of Parents Against Tired Truckers and Citizens for Reliable and Safe Highways, applaud the settlement as a step in the right direction towards safe roads.

There are typically over 1,000 Massachusetts truck accidents every year, nearly half of which involve out-of-state motor carriers. In 2006, 34 people were killed in Massachusetts trucking accidents.

For more information on the regulations, see the FMCSA website.  For an overview of what information FMSCA is considering in formulating a new rule, see this presentation. The Truck Safety Coalition has a collection of stories and press releases on the hours-of-service rule and trucker fatigue.     

Continue reading "Tired Truckers and Truck Accidents May Be Reduced with New Regulations---Massachusetts Highways Should Be Safer" »

The US Food and Drug Administration (FDA) is looking into the health effects of a common chemical called triclosan, which is found in certain soaps, toothpaste, shower curtains and gym socks. The FDA is investigating scientific data indicating that the chemical causes hormonal changes in lab animals.  Triclosan is added to products to reduce or inhibit bacteria growth and was originally used as a surgical scrub.  At this time, the FDA has not recommended that consumers change products but has said that consumers concerned about using soap with triclosan can use regular soap.  Concerned consumers can check product labels for triclosan.

Scientific data has shown that triclosan acts as an endocrine disruptor in lab animals. In humans, endocrine disruptors can increase the risk of developmental problems in fetuses and young children. Bishpenol A, known commonly as BPA, another endocrine disruptor found in some plastics, is banned in some states and has been voluntarily removed from shelves by some retailers. Triclosan's use has increased over the past decade, especially as consumers seek to prevent the cold and flu. Additionally, a report by the US Geological Society found that between 1999 and 2000, triclosan was found in 60% of streams.

The FDA is not the only entity taking action. Representative Edward J. Markey is calling on the federal government to ban triclosan in products used to wash hands, prepare food, or products marketed to children. Additionally, he is filing legislation to speed up the process of evaluating and regulating potentially harmful products.

For more information on triclosan, see this Boston Globe article and the FDA's website.

Continue reading "FDA Taking a Closer Look at the Health Effects of a Widespread Household Chemical" »

The US Consumer Product Safety Commission (CPSC), in cooperation with Infantino LLC of San Diego, have announced a free replacement program for two models of defective infant slings. One million of the defective products are being recalled after the three wrongful deaths of infants due to incidents of suffocation.  CPSC is aware of the deaths of a seven week old in Philadelphia, a six day old in Salem, OR, and a three month old and Cincinatti, OH.  CPSC advises consumers to immediately stop using these slings for infants younger than four months of age due to a risk of suffocation and contact Infantino for a free replacement product.

The affected sling models are the "SlingRider" and the "Wendy Bellissimo."  Infantino LLC sold the slings in the United States from January 2003 through March 2010 at Walmart, Burlington Coat Factory, Target, Babies "R" Us, BJ's Wholesale, various baby and children's stores and other retailers nationwide, and on Amazon.com, for between $25 and $30.  The slings were manufactured in China and Thailand.  Consumers should contact Infantino to receive a free replacement product. 

CPCS has also released a general warning about sling carriers for babies as they pose two risks of suffocation.  The sling's fabric can press against an infant's nose and mouth, blocking the baby's breathing. Additionally, where a sling keeps the infant in a curled position bending the chin toward the chest, the airways can be restricted.  CPCS is working with concerned companies to develop safety standards for baby slings.

For information on obtaining a free replacement product, visit www.infantino.com. 

To report an incident involving a recalled product, file an incident report at https://www.cpsc.gov/cgibin/incident.aspx.

For more information on the CPCS warning, see the CPCS website.  For more information on this specific recall, see this press release.

Continue reading "After Three Infant Deaths, Company Recalls Baby Sling-- Massachusetts Residents Should Take Warning" »

The Massachusetts Appeals Court has affirmed the broad admissibility of certified medical reports under M.G.L. c. 233, § 79G. The case, O'Malley v. Soske, Appeals Court No. 09-P-315, (March 31, 2010), is an important reminder of the intent of the legislature when the statute was amended in 1988. In short, in any proceeding commenced in any court, commission or agency, the judge should admit properly certified medical reports.

The plaintiff was injured in a car accident in Boston. She claimed that she suffered neck and back injuries, and required surgery. The defendant contested the nature of the injuries.

The court upheld the admission into evidence of the report of Dr. Lupien, an orthopedic surgeon, who is usually identified as a defense expert, who had examined the plaintiff for the defendant. His opinion was that the accident had not caused serious trauma. The plaintiff lost at trial on the issue of medical causation and her lawyer appealed. The Appeals Court affirmed the judgment.

For a complete analysis of this case, please see the Practice Alert on our website.