Massachusetts Injury Lawyer Blog

By Sam Segal

After months of high snow banks, Massachusetts residents are eagerly awaiting the arrival of spring, when they can return to outdoor activities like gardening and bicycle riding.

If you're a cyclist, the U.S. Consumer Product Safety Commission announced a few bicycle recalls you may want to note before the warm weather comes.

Felt Bicycles Recall
Felt Bicycles has recalled their model 2011 F3, F4, F5, and F75 bikes due to a problem with the bicycle fork (the part of the frame that connects the handle bars to the front wheel and allows for steering and balance). The forks on these defective bikes have a danger of breaking, causing the rider to possibly lose control, have a bike accident and suffer personal injuries.

Owners of these Felt bicycles are instructed to stop using the defective bikes immediately and contact their local dealer (866-433-5887) to receive a free inspection and repair.

Novara Fusion Bicycle Recall
REI has recalled their Novara Fusion bicycles with serial numbers U95Y07321, U96Y28393, and sequentially from U96Y28876 - U96Y29128 due to a problem with the bicycle fork. The forks on these defective bikes have a danger of separating from the alloy steerer tube, causing the rider to possibly lose control, have a bike accident and suffer personal injuries.

Owners of these REI bicycles are instructed to stop using the defective bikes immediately and contact their local dealer (800-426-4840) to arrange for a replacement fork to be installed free of charge.

Continue reading "Two Bicycle Recalls To Watch For As Weather Warms" »

Continue reading "Surgical Checklists, Reducing Malpractice and Saving Patient Lives" »

Cycling is one of the most efficient, healthy, and environmentally-friendly modes of transportation in Massachusetts. Every day, Massachusetts cyclists take to the streets for their work, commute, recreation, and exercise.

This growing population of cyclists has not gone unnoticed, and local authorities have increased bike lanes and parking throughout the Commonwealth.

New laws have also been passed to protect cyclists by expanding their rights and responsibilities on Massachusetts roads.

With the tragic death of another Boston cyclist, the bicycle lawyers at Breakstone, White, and Gluck want to take a moment to review the current state of Massachusetts Bike Law (G.L. c. 85, § 11B).

Cyclists often have questions about changing laws in Massachusetts and how these changes affect their rights and obligations. Here are some of the most common questions Massachusetts cyclists have, linked to a brief summary of the answers:

What roads can I ride my bicycle on in Massachusetts?
Can I ride my bicycle on the sidewalks in Massachusetts?
Do bicyclists have to stop at red lights?
Do bicycle riders have to use hand signals?
Can cyclists ride next to each other?
Where can I park my bicycle?
Do I need lights on my bike?
Do I need reflectors on my bike?
What should I do if I am injured while riding my bike in Massachusetts?

Continue reading "The Facts About Cycling Safe in Massachusetts" »

Some 216 hospital deaths nationwide are being linked to problems with alarms on patient monitors and medical staff failing to respond, found a Boston Globe investigation.

The Globe analyzed the Food and Drug Administration's database of adverse events involving medical devices from January 2005 to June 2010.

In many cases, the problem wasn't defective medical alarms. The medical industry calls the problem, "alarm fatigue." Hospitals are using more medical alarms than ever to monitor patients, all of which have different sounds and speeds depending on the severity of the physical symptom.

In one case, a 15-bed unit at John Hopkins Hospital in Baltimore, staff documented an average of 942 alarms per day - about one critical alarm every 90 seconds.

The result, hospital administrators say, is nurses have become desensitized to the constant beeping. And patient safety advocates say their medical negligence is resulting in patients suffering wrongful deaths, including in Massachusetts hospitals.

"Hospitals must establish a "zero tolerance" for patient injuries or deaths due to alarm errors or so-called "alarm fatigue," according to Boston medical malpractice lawyer Marc Breakstone. "These devices save lives. They not only have to work, but the staff has to respond immediately when they sound. Anything less is unacceptable."

One case dates back to September 2008 at Tobey Hospital in Wareham. An 87-year-old man was wearing a wireless heart monitor that started to weaken. He later died and a state investigation found his EKG displayed a flat line on a monitor at the nurses' station for over two hours without a response.

Cases of medical negligence such as these are driving change at Massachusetts hospitals.

Southcoast Health System, which manages Tobey Hospital, is hiring nurses and giving them one assignment: responding and monitoring patient monitors. It has also established a policy that monitor batteries must be changed at a certain time each day.

At UMass Memorial Medical Center in Worcester, the hospital wants to eliminate unnecessary monitoring and has implemented new guidelines for when doctors should order cardiac monitoring. Among other changes, nurses are now receiving low-battery warnings about patients on their pagers and cell phones.

As hospitals make these changes, manufacturers are assessing their equipment and working on new "smart monitor" technology. Rather than measure just one symptom, the hope is these new monitors would assess multiple parts of the body before determining whether an alarm needs to sound. For its part, the Food and Drug Administration recently distributed videos about defective medical alarms and proper use to 4,500 hospitals and nursing homes.

Continue reading "Investigation Finds Hospital Staff Not Responding to Medical Alarms " »

With near record levels of snowfall across Massachusetts this winter, the state has seen many car accidents, over 100 roof collapses and many school closures. These challenges follow Papadopoulos v. Target Corp., the 2010 Massachusetts court ruling which raised the legal burden on Massachusetts property owners to clear snow and ice.

With the ruling, Massachusetts property owners must take reasonable care to remove all snow and ice from their property or be found liable for resulting injuries from snow and ice falls. Previously, property owners were not liable for injuries resulting from natural accumulations. While a new law often faces challenges in the first few months, this extreme winter has added many unexpected turns.

Attorney David W. White of Breakstone, White & Gluck and Attorney James T. Scamby of Tucker, Heifetz & Saltzman joined Legal Talk Network and co-host Bob Ambrogi this week to discuss what the new law means in this extreme winter.

Click here to hear the podcast.

Click here to learn more about the show and news stories about Massachusetts' snow and ice law.

Continue reading "Attorney David White Discusses Snow and Ice Law on Legal Talk Network" »

As consumers look to space heaters to stave off the winter chill, a large manufacturer has recalled over 100,000 defective units from the shelves.

Lasko Products, Inc. of West Chester, Pennsylvania recalled 107,500 defective space heaters this week in cooperation with the U.S. Consumer Product Safety Commission. An electrical connection in the base of the unit can overheat, causing it to melt and expose the electrical connection.

Lasko received 36 reports of electrical connection overheating with no reports of injury. There were 18 reports of minor burn damage to floors or carpets.

Two defective space heater models were involved in the product recall. The Lasko Model 5540 was sold at Sam's Club and other retailers from September 2002 through early 2004. The Air Kind Model 8540 was sold primarily through W.W. Granger Inc. from late 2002 to 2004.

Consumers are advised to stop using the defective space heaters immediately and contact Lasko for a free replacement.

If you are using another space heater, please visit the website of the Boston product liability lawyers at Breakstone, White & Gluck. Click here for our home heating safety tips.

Continue reading "Defective Space Heaters Recalled" »

Massachusetts commuters struggled through a hard January, as a record four feet of snow slammed the region, making for dangerous drives, difficult walking and weary spirits.

As February moves in, both the snowbanks and frustrations keep growing - making it even more important to plan before heading outside, especially if you commute to work.

The risk for car accidents increases in the snow and approximately 70 percent of all winter deaths related to snow and ice occur in automobiles, according to the Massachusetts Emergency Management Agency.

Here are our some safety tips from the Boston personal injury lawyers at Breakstone, White & Gluck:

• Have a well-stocked Winter Emergency Car Kit. It should include a flashlight with extra batteries, cell phone charger, first-aid kit, windshield scraper and brush, shovel and a brightly colored cloth to use as a flag. Click here for other items to include.


• Consider public transportation.


• If you drive, travel during daylight hours. Consider commuting with a co-worker on the most difficult days.


• Slow down on the road. Many times, hazards such as black ice cannot be seen until it's too late.


• Be extra cautious driving around bends in the road. The tall snowbanks have narrowed the roadways, leaving less room for both you and other cars, increasing the chance for car accidents on snow and ice.


• Give the snow plows extra room to work.


• Be aware you may have to slow down for pedestrians in areas where sidewalks aren't shoveled.


• Keep your car's gas tank at least half-full.


• Make sure your car has good winter tires with adequate tread and pressure.


• If you do have to stop your car on the highway, stay calm. Pull off the road and turn off the hazard lights. Take the brightly colored distress flag from your snow emergency kit and tie it to your radio antenna or window. Call the local police and your local auto club for assistance.

Continue reading "Driving Safely On The Roads This Winter" »