Massachusetts Injury Lawyer Blog

As Motorcycle Safety Awareness Month draws to a close, we ask both motorcyclists and automobile drivers to take a moment to think safety this summer.

Motorcycling continues to grow in popularity in Massachusetts and around the country, and so do fatal crashes between cars and motorcycles.

The National Highway Traffic Safety Administration (NHTSA) reports in 2008, motorcyclist fatalities increased for the 11th consecutive year. Some 5,290 motorcyclists lost their lives in fatal highway crashes. Almost 50 percent of all motorcyclists involved in fatal crashes collided with other motor vehicles. Over 90 percent of all fatal two-vehicle crashes involving a motorcycle and a passenger vehicle occurred on non-interstate roadways. About half of all fatal crashes between a motorcycle and a passenger vehicle occurred at intersections. Often the driver of the car or truck involved in the accident simply failed to observe the motorcyclist.

Here are some motorcycle safety tips:

• Wear a helmet. NHTSA statistics show you have a 29 percent better chance of surviving a crash than without a helmet.


• If you're concerned helmets interfere with your ability to see and hear on the road, read this NHTSA study. It found helmets caused no substantial impact: drivers wearing helmets had to turn their necks only slightly farther at times and there was no significant difference in hearing.


• Remember to turn off your flash signal if it's not self-canceling.


• Make sure you're experienced enough to ride with a passenger. It changes the way the bike handles and requires more skill.


• Take turns slower than you think is necessary.

Here's a few tips for passenger vehicle and truck drivers:

• Never drive while distracted.


• Remember a motorcycle has the same rights as any other vehicle on the road.


• Do not attempt to share a lane with a motorcyclists. Allow the motorcyclist a full lane width to maneuver safely to avoid motorcycle crashes.
  


• Remember to use your signals to change lanes or merge with traffic. Motorcyclists depend on those signals even more than other drivers.


• Check your vehicle's blind spot! Motorcyclists are even easier to miss due to their small size.


• Don't rely on a motorcycle's flashing turn signal. They may not be self-canceling and riders sometimes forget to turn them off or can't do so immediately due to road conditions. Wait to make sure the motorcyclist is really going to turn to avoid motorcycle collisions.
  


• Remember motorcyclists often change speed or adjust position within a lane suddenly in response to road and traffic conditions. Allow the motorcyclist extra room - at least three or four seconds.

Continue reading "Motorcycle Safety Awareness Month Time for All Road Users to Think Safety" »

A Lowell dog attack last week highlighted the need for communities to adopt strong dangerous dog laws and properly enforce them.

Last December, the Lowell City Council passed an ordinance defining a dangerous or vicious dog as one that has attempted a dog bite or dog attack on a person, has a tendency to threaten the safety of domestic animals or is involved in dog fighting, drug trafficking or gang activity.

Once a dog is deemed dangerous, its owner has to obey certain conditions to protect public safety. First, the dog must be kept indoors or in a locked pen. A sign must be posted warning the public that a dangerous dog resides on the property. If the dog is taken off the property, it must be muzzled and kept on a leash no more than 4-feet long. The dog's owner must also hold $100,000 in liability insurance.

Dog owners found to be in violation are subject to fines up to $300. The real muscle behind the ordinance is each day of non-compliance is considered a separate offense.

"I have been called upon to represent children whose bodies have been disfigured by vicious attacks from dogs," said Boston personal injury attorney Ron Gluck of Breakstone, White & Gluck. "In several of the cases, towns had leash laws that were violated by the dog owners. These violations by the dog owners were the direct cause of the serious injuries which will affect these children for the rest of their lives. The stronger the penalties for each violation, the safer children will be."

Lowell also has a "potentially dangerous" dogs ordinance, which seeks to stop dogs who show aggressive behavior before an attack.

In the case of last week's attack, David Spaulding was attacked by his own two 16-month-old pit bulls, Venom and Rampage. A neighbor broke down the padlocked fence to Spaulding's backyard and threw pickets from the fence at the dogs.They eventually ran off and Spaulding was taken to the hospital with injuries to his head, arms and torso. The dogs were immediately euthanized.

The Boston law firm of Breakstone, White & Gluck is experienced at handling pit bull attack cases and typically sees cases of dogs attacking neighbors and children, not homeowners themselves. There are red flags about this attack that we don't have enough information to address - including a newspaper report that the dogs had been involved in a previous attack of a puppy.

But the Boston lawyers at Breakstone, White & Gluck believe if properly enforced, Lowell's dangerous dogs ordinance has the teeth to protect the public.

Read about a proposed Andover pit bull ban.

The Food and Drug Administration is urging parents to choose generic children's medications over Tylenol as it broadens its investigation into manufacturing facilities operated by Johnson & Johnson and its subsidiary, McNeil Consumer Healthcare.

New product safety concerns have arisen in the weeks after an April 30 recall involving McNeil's Fort Washington facility in Pennsylvania, prompting the FDA to start investigating other manufacturing sites. McNeil recalled 43 over-the-counter children's medicines it manufactures for Johnson & Johnson, including various flavors of liquid Tylenol, Motrin, Benadryl and Zyrtec. The FDA has not said how many facilities are being investigated.

McNeil Consumer Healthcare issued the April 30 recall voluntarily in consultation with the FDA. In a visit to McNeil's Fort Washington facility, FDA officials uncovered inconsistent active ingredient concentrations, extremely potent metal particles in some medicines, an inadequate testing facility, poorly trained employees and drums of raw materials contaminated with bacteria.The full inspection report is available here. 
 
Meanwhile, the House Committee on Oversight and Government Reform is scheduled on Thursday, May 27, 2010 to hold a hearing on the recent Tylenol recalls and whether McNeil properly handled consumer complaints.  In a recent Fortune Magazine interview, Johnson & Johnson Chief Executive William Weldon admitted that his company owed an apology.  Mr. Weldon has been invited to testify at the May 27 hearing.

The Pennsylvania facility has since been shut down but may resume operation once, according to Johnson & Johnson spokesman James Freeman, "we have taken the necessary corrective actions and can assure the quality of products made there".  

Tylenol has been involved in other product safety recalls in recent years. In 2008, McNeil recalled 51 types of Tylenol after consumer complaints of diarrhea, vomiting and other illness. The company said the medications - mostly all for children and infants - had been contaminated by trace amounts of a chemical used in shipping.

In 2008, McNeil recalled 21 types of children's and infants' Tylenol liquid products, saying an active ingredient did not meet all quality standards.

For additional information on the Johnson & Johnson recalls, see the FDA's website.

Continue reading "FDA Issues Tylenol Safety Warning" »

Commuters across the state have been pedaling their way to work, the grocery store and other destinations all week as part of Bay State Bike Week and the Mass Commuter Challenge.

Commuters pledged to step out of their cars from May 17-21 and pedal 175,000 miles to workplaces from Worcester to Boston to Plymouth and across the rest of Massachusetts.

The challenge was organized to promote a healthy, non-polluting and sustainable means of transportation. Breakstone, White & Gluck supports this mission but hopes the Mass Commuter Challenge also highlights another important point: that as more bicycles take to the road, drivers and bicyclists must be more aware of each other for safety's sake.

There are far too many bicycle accidents taking place on the roads today. In 2008, 716 bicyclists were killed across the country and an additional 52,000 were injured in traffic crashes, according to the National Highway Traffic Safety Administration. The NHTSA numbers show that 69 percent of bicycle accidents occured in urban areas and 28 percent of accidents occured between the hours of 5 p.m. and 9 p.m. The majority of the accidents occured in June (9 percent) and September (12 percent).

What Drivers Can Do to Improve Safety
The laws have changed significantly in the last year. Drivers have many more responsibilities to avoid injuring bicyclists. The first step is to be aware that you need to check twice for a cyclist. When overtaking cyclists, you cannot turn right unless there is adequate room, and you must yield to on-coming cyclists when turning left. When passing, you must do so at a safe distance. And remember to pay attention even after you turn off your motor vehicle's engine. Under Massachusetts bike safety laws, motorists and their passengers can be fined up to $100 for opening car and truck doors in the path of a bicyclist.

A final tip: Put down that cell phone and concentrate on the road!

What Bicyclists Can Do to Improve Safety
Bicyclists can remember that bright colored reflective clothing and helmets save lives. Massachusetts only requires individuals age 1 to 16 to wear helmets, but we advise adults to wear them as well to avoid head injuries. Cyclists must obey the same rules as automobiles when on pubic ways. One of the biggest causes of accidents to cyclists: traveling the wrong way on a one-way street.

For more information about events in Boston and the Springfield area, visit www.masscommuterchallenge.org or www.massbike.org.

Continue reading "Mass Commuter Challenge and Bay State Bike Week Remind Us to Pay Attention on Roads" »

The U.S. Consumer Product Safety Commission (CPSC) has announced the voluntary recall of 1.8 million toy dart gun sets sold at Family Dollar Stores after they were involved in the asphyxiation deaths of two young boys.

The CPSC issued the recall in cooperation with the Charlotte, North Carolina discount store. The importer, Henry Gordy International, Inc., of Plainfield, N.J. refused to recall the soft, plastic toy, which poses a risk if a child places it in his mouth. The defective toy can be inhaled into the throat and prevent a child from breathing. The toy was sold exclusively through Family Dollar Stores from September 2005 through January 2009 for about $1.50.

"Parents should take these toys out of their child's hands immediately," said Massachusetts personal injury attorney David W. White of Breakstone, White & Gluck in Boston. "Given the size of this recall, you really want to take a minute to look through your toy bin if you do any shopping at the Family Dollar Stores."

A 9-year-old boy in Chicago, Illinois and a 10-year-old boy in Milwaukee, Wisconsin suffered asphyxiation deaths while playing with the toy, which was manufactured in China. No Massachusetts consumer safety problems have been announced.

Consumers should discard the toys or return them to a Family Dollar store for a full refund. For additional information, contact Family Dollar at (800) 547-0359 between 8 a.m. and 5 p.m. ET Monday through Friday, or visit the firm's website at www.familydollar.com.

For more information, read the U.S. Consumer Product Safety Commission's recall. announcement.

Continue reading "Consumer Safety Alert: 1.8 Million Plastic Toys Recalled from Family Dollar Stores" »

Another recent recall of fresh produce highlights the importance of safe food handling and rinsing even pre-washed produce.  Freshway Foods of Ohio has announced a voluntary recall of romaine lettuce after reports of food borne illnesses from possible E.coli contamination. The New York State Public Health Laboratory found E.coli 0145 in an unopened recalled bag of shredded romaine. Products affected include bags of shredded romaine lettuce with "best if used by" dates prior to May 12; bags with "best if used by" dates of after May 12 are not affected. Freshway Foods sold the recalled products to wholesalers, food service outlets and some in-store deli and salad bars in Alabama, Connecticut, Washington DC, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia, and Wisconsin. Although these products are now off the shelves, consumers should make sure they throw away any remaining products in their homes.

Nineteen cases of illness resulting from E.coli 0145 have been reported from Michigan, New York, and Ohio; twelve of these cases required hospitalization. Symptoms of foodborne illness caused by E.coli can range from nothing to acute stomach cramps and diarrhea to kidney damage. Three of the reported cases involved a life threatening complication called hemolytic uremic syndrome which causes blocked circulation or bleeding in the brain or kidneys. People experiencing a diarrheal illness with high fever, bloody stool, prolonged vomiting that could cause dehydration, symptoms of dehydration, or if the diarrheal illness lasts longer than three days should seek medical attention.

How to Protect Yourself

Consumers can protect themselves from foodborne illness by taking simple precautions. Cook meat and eggs thoroughly, using an internal thermometer. Avoid cross contamination by keeping raw meat and eggs away from vegetables and cooked foods and washing all surfaces that come into contact with raw products thoroughly. Chill leftovers promptly if they are not going to be eaten within four hours. Handle produce with clean hands and always rinse produce, even produce that has been pre-washed, and remove the outer leaves of lettuce and cabbage. Finally, report incidents of foodborne illness to your local health department.

For more information on this specific recall, see this Food and Drug Administration press release.  For more information about foodborne illnesses in general, see the Center for Disease Control and Prevention website. For more information on E.coli specifically, see the government's food safety website. 

Continue reading "Lettuce Recall Affects 23 States, Including Massachusetts" »

We commend The Boston Globe for highlighting one of the state's most pressing problems in health care: too many Massachusetts hospitals and physicians are still using paper medical records.

In a May 7th editorial, the Globe rightly pointed out that electronic medical records, "will prevent errors, improve diagnostic work, avoid duplication of tests and procedures, and simplify clinical studies." The newspaper called on the 63 Massachusetts hospitals not using any computerized systems to make the change now.

"Electronic medical records would be the best medicine for taking care of medical errors," Massachusetts medical malpractice lawyer Marc Breakstone said in response to the editorial.

A 2008 study by the Massachusetts Technology Collaborative and the New England Healthcare Institute found just 10 of the state's 73 hospitals used a computerized system for doctors' orders. More alarming was the study found 1 in every 10 patients at six community hospitals in the state suffered from serious medication mistakes.

According to the Institute of Medicine, 50,000 to 100,000 patients nationwide die annually of preventable medical errors.

In addition to offering stimulus-bill help, the federal government is threatening to reduce Medicare payments for doctors who fail to implement electronic medical records by 2015. A 2009 national survey by the New England Journal of Medicine showed that only 1.5 percent of hospitals and 4 percent of doctors' practices have adopted comprehensive electronic systems.

At Breakstone, White & Gluck, we know firsthand electronic medical records will save lives. Massachusetts hospitals are doing the public they should be serving a great injustice every day they continue to make excuses for not going electronic.

For more information, read The Boston Globe's editorial.

Continue reading "Massachusetts Hospitals and Doctors Must Implement Electronic Medical Records Now for Safety" »

Baby boomers are taking to the open road on motorcycles at greater rates than ever before and as they do, their personal injuries and fatalities resulting from motorcyle accidents are increasing.

The American Motorcyclist Association reports its average membership age is now 48. The Motorcycle Industry Council trade association, meanwhile, reports the average age of all motorcycle owners increased from 33 to 40 years old between 1998 and 2003. 

The Massachusetts Department of Public Health reports the rate of motorcycle-related deaths and injuries in the state for riders between 55 and 64 quadrupled between 1998 and 2007.  Additionally, although nationally there was a decline in motorcycle related fatalities regardless of age, Massachusetts experienced an increase in fatal motorcycle crashes. 

The state Department of Public Health is not the only one to notice a correlation between age and severity of injury.  Researchers at the University of Rochester Medical Center recently found that motorcyclists over the age of 40 sustained more serious personal injuries, spent more time in the hospital, and were up to twice as likely to die from a motorcycle accident than riders under 40. 

Dr. Mark Gestring, the lead author of the study and director of the trauma center, noticed older riders and more severe injuries in the emergency room.  His research team examined records in the National Trauma Databank and noted several disturbing trends:

• Riders over 40 were 5% more likely than riders under 40 to require hospitalization in the intensive care unit.
  
• Riders over 40 were more likely to suffer complications such as blood clots, pneumonia, or infections. 
  

The Johns Hopkins Bloomberg School of Public Health found a 145% increase from 2000 to 2006 in death rates for motorcyclists over 65. 

Doctors report that there are several factors accounting for the increased severity and fatality of injuries sustained by older riders.  First, older riders have less resilient skin, bones and blood vessels and cannot handle as much physical trauma as their younger counterparts.  Additionally, older riders come into the hospital with more preexisting heath problems and take more medications that can complicate injuries. 

For more information, read this recent Boston Globe article about aging motorcyclists in Massachusetts.

Continue reading "Aging Motorcyclists Face Greater Risk for Injuries" »

Parents are advised to stop using 43 popular over-the-counter medications for children following a widespread product safety recall involving liquid Tylenol, Motrin and Benadryl.

McNeil Consumer Healthcare, a division of Johnson & Johnson, voluntarily recalled the medications last Friday after the Food & Drug Administration (FDA) uncovered manufacturing deficiencies at the company's plant in Fort Washington, Pennsylvania.

The product safety recall impacts consumers in Massachusetts, the rest of the United States, U.S. territories and nine other countries.

"While Tylenol has historically been a safe and effective product for children, parents are urged to use particular caution in giving it to their children at this time based upon the information received from the FDA," Boston attorney Ronald Gluck said.

McNeil said some of the recalled products may contain a higher concentration of the active ingredient than is specified while others may contain inactive ingredients that do not meet internal testing requirements. Other medications may contain tiny particles.

The FDA advised parents to discontinue use of the recalled medications, although said it was unaware of any reports of illness. A spokesman for McNeil told The New York Times this weekend the company had received consumer complaints involving some of the recalled medications, but the recall was not issued on "the basis of adverse medical events."

McNeil has suspended production at the facility while the FDA investigates.

The recalled medicines include various flavors of liquid Tylenol, Motrin and Benadryl for children and infants. Several types of children's Zyrtec were also recalled.

The FDA advised parents to ask their pharmacists for alternative medicine options and cautioned them against giving adult versions of medications to children. Consumers with the recalled medications can also obtain a refund or coupon from the McNeil Product Recall website.

Read the full McNeil Product Recall list here.

McNeil has been involved with three major Tylenol recalls since 2008. In January, the company removed 51 types of Tylenol from the shelves after consumer complaints about vomiting, diarrhea and other symptoms. All but two of the recalled medications were for adults.The company said some of the medications had been contaminated by trace amounts of a chemical sometimes used for shipping and storage.

In 2008, McNeil recalled 21 types of children's and infants' Tylenol liquid products, saying an active ingredient did not meet all quality standards.

Continue reading "Parents Advised to Check Medicine After Children Tylenol Recall" »