Massachusetts Injury Lawyer Blog

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 Puppolo 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 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" »