Massachusetts Injury Lawyer Blog

A salmonella outbreak in Rhode Island now includes at least twenty-one people with severe illness, and one death, according to reports from public health officials in that state. Health officials are investigating another eighteen illnesses to see if they are tied to the salmonella outbreak.

Officials are focused on zeppole and other pastries which were made by Defusco's bakery in Johnston, Rhode Island. According to news reports, investigators found pastry shells stored in boxes contaminated with raw eggs, and also found that custard used as filling was not being properly chilled.

Investigators have identified the particular strain of salmonella, known as Salmonella heidelberg, as the suspected organism responsible for the illnesses. They are now trying to determine whether the death of the elderly Rhode Island resident was caused by that particular strain.

The investigation into the food poisoning outbreak began on March 25, 2011, after nearly a dozen elderly residents of a Warwick nursing home became sick after eating pastries from Defusco's bakery. Since March 12, two dozen victims have required hospitalization for severe illness.

Salmonellosis, the disease caused by salmonella infection or salmonella toxins, leads to diarrhea, fever, vomiting and abdominal cramps. Most people recover without treatment, but in the elderly, in infants, or people with compromised immune systems, the disease can be very severe, requiring hospital admission for rehydration and antibiotic treatment to prevent the spread of infection. Severe infections can lead to reactive arthritis and death.

Prevention of salmonella illnesses is straightforward. Food which may contain the bacteria, such as chicken or pork, must be prepared properly to kill the organism and destroy any salmonella toxin. Eggs and milk, and their products, must be properly prepared, handled, and refrigerated. Infections can also occur from contact with reptiles, pet rodents, and tainted fruits and vegetables. Proper hygiene--washing hands before and after handling food--is also a common sense method of reducing the likelihood of food poisoning.

Each year over 140,000 people suffer from salmonella poisoning in the U.S. and dozens die from the illness.

Continue reading "Salmonella Outbreak in Rhode Island Now Linked to Death" »

Lasko Products, Inc. has recalled 4.8 million box fans in Massachusetts and across the country after receiving seven reports of fires associated with motor failures, including two house fires and one barn fire.

No injuries have been reported, but the fires resulted in extensive property damage.

According to the Consumer Product Safety Commission, the defective product posed a hazard due to an electrical failure in the fan's motor.

The defective units have "Galaxy" and "Lasko" printed on the front of the fan. They were sold nationwide from July 2002 through December 2005 for $12 to $15. The defective fans were sold at a number of mass merchandisers. Click here to visit Lasko's website for the model numbers of the defective fans.

The West Chester, Pennsylvania company said consumers should stop using the product and call (877) 445-1314 for a free replacement fused plug safety adapter.

Continue reading "Lasko Recalls Box Fans Due To Fire Hazard" »

The National Highway Transportation Safety Administration (NHTSA) and the American Academy of Pediatrics have issued new safety recommendations to protect young children from motor vehicle accidents. They are advising parents to keep children in rear-facing seats until age two, or until they reach the maximum height and weight requirements for the seat.

The previous recommendation from 2002 was also for children to ride in rear-facing car seats until they reached the maximum height and weight requirements - or until the child had reached a minimum of age one and 20 pounds. Using this standard, many parents turned the car seats around when their child reached age one.

The NHTSA and the American Academy of Pediatrics issued the recommendation citing a 2007 study in the journal Injury Prevention, which showed that children under age two traveling in rear-facing seats are 75 percent less likely to die or suffer severe injuries in car accidents.

The two groups made additional recommendations for booster seats, saying children should ride in them until they have reached four feet nine inches tall and are between eight and 12 years old.

The groups also recommend children ride in the backseat until they are 13.

The new recommendations come as motor vehicle accident deaths among children under age 16 have decreased significantly in recent years - 45 percent between 1997 and 2009, according to the American Academy of Pediatrics.

But motor vehicle accidents remain the leading cause of death for children ages four and older. More than 5,000 children, teens and young adults up to age 21 die in motor vehicle accidents each year. For every fatality, 18 children are hospitalized and more than 400 require medical care.

Massachusetts law requires child safety seats to protect children from car accidents. Children must be secured in child safety seats until they turn 7 years old.

Click here for more details about Massachusetts' Child Passenger Safety Law.

Continue reading "New Child Safety Seat Recommendations" »

In a unanimous 8-0 ruling, the U.S. Supreme Court recently held that the Federal Motor Vehicle Safety Act does not preempt product liabililty claims brought under state common law for defective seat belts.

In 1993, the Federal Motor Vehicle Safety Standard (FMVSS) 208 required lap/shoulder belts in all vehicle seats except certain rear seats in vans. In the regulation, the National Highway Traffic Safety Administration (NHTSA) specified lap/shoulder belts were safer, but requiring them in all seat positions would not be cost-effective. The authorizing statute provided that compliance with the standard did not exempt manufacturers from common law liability.

Thanh Williamson died in a car accident while traveling in a Mazda mini-van that fell under this regulation. She was wearing a lap-only seat belt. Her family sued Mazda, alleging the company had a duty under state law to install the safer lap/shoulder safety belts. The case is Williamson v. Mazda Motor of Am., Inc.

A California trial court dismissed the lawsuit, finding the Federal regulation preempted the claims. An appellate court affirmed, relying on the ruling in Geier v. American Honda Motor Co. In that case, the court determined that the preemption applied in an auto defect claim involving the manufacturer's failure to install air bags.

In Williamson, the Supreme Court distinguished between the regulations governing air bags and seat belts and said the seat belt regulation explicitly encouraged car manufacturers to install lap/shoulder belts. NHTSA supported the plaintiffs in an amicus brief, arguing that its policy objectives would have been met if the lap/shoulder belts had been installed.

Without a regulatory objective blocking installation of the lap/shoulder seat belts, the Court held that the auto manufacturer could not claim preemption based on the Federal agency's judgment of cost-effectiveness. Such a judgment does not signify preemptive intent in most Federal safety standards, the Court said.

The Court's ruling was a victory for consumers in the United States. Having the right to bring claims against manufacturers for defective products is not only a vital way to compensate people injured or killed by the defective products; product liability cases are also a strong force for the improvement of safety in consumer products.

Continue reading "Supreme Court Ruling in Defective Seat Belt Case Victory for Consumers" »

U.S. Transportation Secretary Ray LaHood and Consumer Reports have put attention back on an important safety issue by announcing a partnership to help prevent car accidents by teens driving while distracted and texting while driving.

They released a poll that shows how widespread the problem remains, even after many states have adopted graduated licensing laws that ban teens from texting while driving or using cell phones in any capacity behind the wheel.

Among those polled, 63 percent of people under 30 said they have used a handheld phone while driving. Thirty percent admitted to texting while driving. Only a third said they feel such behavior is very dangerous and could cause motor vehicle accidents or pedestrian accidents.

Those rates were higher than for drivers over 30. Among those respondents, 41 percent admitted to using a cell phone while driving. Nine percent had texted while driving.

A 2009 study by the Virginia Tech Transportation Institute shows the risk for a car accident is 23 times greater when texting while driving. The study was financed by the Federal Motor Carrier Safety Administration.

LaHood and Consumer Reports have released a brochure called "Distracted Driving Shatters Lives," offering tips for parents, including:

Set a good example and put away your own phone in the car. Some 40 percent of young people ages 12 to 17 say they have witnessed a driver using a cell phone in a way that threatened to cause a motor vehicle accident and result in personal injury.

Talk to your teen. Tell your teen it's important not to use the phone or text while driving. Show them statistics about car accidents caused by texting while driving.

Establish driving rules and sign a pledge. Let your teenager know what you expect from them while driving. Put not using a cell phone while driving at the top of the list. Tell your teen what the punishment will be if they break the rules and have them sign a written contract to reinforce your message. And remind them they may face other penalties.

Many states, such as Massachusetts, have graduated licensing laws that ban drivers under 18 from using cell phones while driving. Under Massachusetts' Safe Driver Law, drivers under 18 face a 60-day license suspension if they are caught using a cell phone behind the wheel. They must also pay a $100 fine and take an education class. The penalties increase for subsequent offenses.

To read the "Distracted Driving Shatters Lives," brochure, click here.

Continue reading "Preventing Tragedies from Teens Driving While Texting, Distracted" »

Pregnant women taking Topomax have an increased risk of bearing children with birth defects such as a cleft lip or palate, the Food and Drug Administration (FDA) announced today. The agency is now changing the drug's label warning and pregnancy classification to inform women about the drug's defects.

Topomax - known as topiramate in its generic form - is prescribed to treat epileptic seizures and prevent migraine headaches. It is also used on an off-label basis to treat weight loss, alcohol dependence and psychiatric illnesses such as bipolar disorder.

Topomax is manufactured by Ortho-McNeil-Janssen, which has headquarters in Raritan, New Jersey.

New data from the North American Antiepileptic Drug Pregnancy Registry show infants exposed to topiramate as a single therapy in the first trimester had a 1.4 percent prevalence of personal injury and oral cleft birth defects.

This is compared to .38 - .55 percent for other antiepileptic drugs. The oral cleft birth defect rate was .07 percent for infants born to mothers without epilespy and who were not treated with other antiepileptic drugs.

The FDA has re-classified Topomax from a Pregnancy Category C to Pregnancy Category D drug, indicating there is positive evidence of human fetal risk based on human data but the potential benefits from use of the drug in pregnant women may be acceptable in certain situations despite its risks.

The FDA is advising doctors to avoid prescribing the defective drug to women of childbearing age because oral clefts occur in the first trimester before many women know they are pregnant. Doctors are advised to seek alternative medications or if that's not possible, to recommend proper use of birth control.

Continue reading "Topomax Linked To Birth Defects" »

Hospitals need always be accountable for their patient safety efforts. But their successes and failures move into the spotlight next week during Patient Safety Awareness Week.

It's a good time for the public to learn about the Massachusetts hospitals and medical offices they frequent - and ask how they can better protect themselves from medical malpractice and medical errors. Here are some tips from the Massachusetts medical malpractice lawyers at Breakstone, White & Gluck:

1) Check Your Doctor's Medical License. You can learn about a doctor's safety record before even calling his or her office for an appointment. The Massachusetts Board of Registration in Medicine offers patients the Physician's Profile online database. Consumers can access a wealth of information from their own computer, including how long a physician has been licensed in Massachusetts and whether a physician has made a medical malpractice payment in the past 10 years.

To visit the Massachusetts Physician's Profile database, click here.

2) Obtain Your Medical Records. It's important to obtain a copy of your medical records if you suspect medical malpractice. In Massachusetts, you have an absolute right to get copies, whether you were treated in a doctor's office or a hospital.

Call the medical provider and request your records. You will have to sign an authorization form that states you authorize the release of records in compliance with HIPPA, a federal law passed to protect confidentiality of medical records.

Request the complete "page-by-page" chart of your medical care. You will have to pay a copying fee so request an invoice beforehand to be prepared.

Most important about requesting your medical records is do it immediately following treatment. Medical malpractice lawyers often see medical records in their cases have been altered, making it harder to prove medical negligence occurred.

To learn more about obtaining your Massachusetts medical records, click here.

3) Consider Asking A Family Member Or Friend To Act As Your Patient Advocate. You should always participate in your own patient care. But when in the hospital, many people can benefit from having a patient advocate watch out for them.

Ask someone close to you to act as your advocate. This person can help you by monitoring medications, being present when physicians make rounds and making sure medical professionals always practice good hygiene. A good patient advocate will also be prepared to ask doctors and nurses questions.

To learn more about the role of patient advocate, click here.

4) Learn About The Massachusetts Patients' Bill of Rights. Be aware that Massachusetts General Laws include a Patients' Bill of Rights. Among the protections provided: the right to refuse treatment by students and other staff, the right to refuse participation in research studies and the right to informed consent.

To learn more about the Massachusetts Patients' Bill of Rights, click here.

5) Work to Prevent Medicine Errors. Medication errors result from use of improper medicine and the improper dosage.

Make sure all your doctors know every medication you take. Bring a written list to each appointment and make your doctors aware of changes since your last visit.

Before leaving a doctor's office, make sure you know what medicine you are supposed to pick up at the pharmacy and how long you should take it. Write down the name and dose of the medicine, then carefully compare it to the medicine bottles before leaving the pharmacy. Watch closely for unfamiliar abbreviations on medication bottles and whether you are receiving a brand name medicine or generic.

For more tips on how to prevent medication errors, click here for information from the Institute of Medicine.

Continue reading "Patient Safety Awareness Week Time For Patients To Learn " »

Continue reading "Commercial Landlord Liability for Personal Injury Expanded In Massachusetts" »