Massachusetts Injury Lawyer Blog

The statistics about hospital-acquired infections are alarming. Each year, two million patients in Massachusetts and across the country acquire an infection in a hospital - or about one in every 20 patients.

Hospital-acquired infections are the fourth leading cause of death in the United States each year, claiming 100,000 lives.These infections cost the U.S. health care system between $30 and $40 billion annually in medical malpractice and treatment costs.

Many of these infections begin with neglect of what should be a hospital basic: doctors, nurses and other providers washing their hands before they treat patients. But studies have shown they are often not scrubbing up. In one study of intensive care units, health care workers only washed 25 percent of the time.

Hospitals have worked to increase their hand-washing rates over the years. That work includes monitoring how often soap dispensers need to be refilled and human observers, both observers who announce themselves and those who watch health care workers without their knowledge.

But neither solution can assess the level of hand-washing compliance in a comprehensive manner - or solve it. As for human observers, they can only provide as much monitoring as payroll resources can spare. That's never going to be every hospital worker. In addition, data is usually entered into a computer weeks or months later. When it comes time to analyze data and recommend change, a hospital's staff and habits may be different.

Many hospitals are now seeking answers from technology. Several companies are offering electronic badge systems that identify whether doctors and nurses have washed their hands before working with the patient.

Here's how it works: When a health worker washes his hands or uses alcohol rub, a sensor on his badge smells the alcohol and registers it. When he enters a patient's room, another sensor will read the badge. If the health care worker has recently washed his hands, his badge will display a green light or other indicator. If he has not, the badge will emit a signal reminding him.

Hospitals around the country are testing the systems, with many reporting a drop in infection rates. Miami Children's Hospital used one of the systems, HyGreen, in its oncology unit and reported an 89 percent drop in infections. The hospital says the gains have been maintained eight months later.

Click here to read more about this topic in The New York Times.

Continue reading "Reducing Hospital Acquired Infections With New Handwashing Technology" »

Every year, Massachusetts families and organizations come together to honor the men and women who are killed and injured while on the job. This year, on April 28, the Massachusetts Coalition for Occupational Safety and Health (MassCOSH), the Massachusetts AFL-CIO, and the Greater Boston Labor Council are co-sponsoring Workers' Memorial Day and are publishing the 2011 report: Dying for Work in Massachusetts: Loss of Life and Limb in Massachusetts Workplaces.

"It is critical that Massachusetts employers improve the safety of their workplaces to protect their workers. The high rate of death and injury on the jobsite is still taking a horrible toll on Massachusetts workers and their families. It is also unfortunate that enforcement continues to suffer budget cuts," said Boston personal injury lawyer David White.

As stated in this sobering report, its purpose is to "highlight the fact that work continues to kill and maim workers in epidemic and alarming numbers. The saddest aspect to this loss in lives and limbs is that work-related injuries and illness are preventable."

The report describes in clear detail the tragedy facing Massachusetts workers and their families. In 2010 alone, 47 Massachusetts workers lost their lives while on the job. (Breakstone, White and Gluck has the privilege and honor of representing the family of one of these deceased workers in their claim for his pain and suffering and wrongful death while on the job.)

The top three causes of fatalities among Massachusetts workers in 2010 were transportation (12 deaths: drivers or workers on roads involved in motor vehicle accidents and plane/helicopter crashes), falls (9 deaths: half being construction site accidents), and commercial fishing (4 deaths).

On Workers' Memorial Day, we honor the fallen by demanding stronger workplace health and safety protections under the Occupational Health & Safety Administration, because it is every person's right to be safe in their own work environment.

Join us on Thursday April 28, 2011 from 12:15 to 1:15 p.m. outside the Massachusetts State House as we mourn for the dead and fight for the living.

Breakstone, White & Gluck is a proud sponsorof MassCOSH, an organization with a great reputation for protecting workers and improving workplace safety. 

Continue reading "Workers' Memorial Day in Massachusetts Remembers Workplace Victims" »

UPDATE

Jonathan's Sprouts of Rochester, MA, has widened the recall of its sprout products due to Salmonella contamination. The recall now includes all sell-by dates, including its conventional, organic, and bulk products. The recall includes other sprouts, such as radish, dill, and gourmet mix. Check below for stores where these products were sold. Do not eat them! Return them to the store for a refund.

More information: FDA Recall Press Release.

ORIGINAL POST

The USDA has found Salmonella, a dangerous bacteria related to food poisoning, in Jonathan's Alfalfa Sprouts products.

Salmonella, if ingested, can cause serious and sometimes fatal illness and infections in young children, frail or elderly people, and others with weakened immune systems. The symptoms of Salmonella include fever, diarrhea (possibly bloody), nausea, vomiting, and abdominal pain.

Continue reading "Salmonella in Alfalfa Sprouts Prompts Recall in Massachusetts" »

A recent public records request made by the Boston Globe shows the state has failed to regularly inspect approximately 75 percent of the escalators in Massachusetts malls.

From 2008 to 2010, only 44 of the state's 188 mall escalators received annual inspections as required by law. Inspectors missed one or two inspections during those three years on 144 escalators.

When mall escalators were inspected, they needed repairs in more than half the cases. Mall escalators were shut down 22 times.

The newspaper made the public records request following the wrongful death of 4-year-old Mark DiBona last month in an escalator accident in a Sears department store at the Auburn Mall near Worcester. The child fell through a 6-inch-wide gap between the handrail and the glass barrier.

The state Department of Public Safety suspended the two inspectors who approved the defective escalator for use.

The state's failure to inspect its escalators dates back at least 15 years. In 1995, the Globe reported that nearly 40 percent of the state's escalators and elevators had expired inspections.

The state currently has 34,000 elevators and 900 escalators for 51 inspectors to examine. Two dozen of those positions were created in 2010, the same year an audit found that nearly a third of the state's elevators and escalators had expired inspections. Fifty one inspectors is the most the state has had in years, though some specialists say they still carry a heavy workload.

Beyond staffing, some specialists in the field say that inspectors spend more time on elevators and are less experienced with escalators, which may contribute to escalator accidents in Massachusetts.

Boston personal injury lawyer David White on the findings: "It is encouraging that the state is now catching up on the backlog of inspections. What is discouraging, however, is how many violations they are finding. This is a strong indication that property owners and their own service companies may be putting the public at severe risk."

To read the Boston Globe article reporting this data, click here.

Continue reading "Massachusetts Escalator Accident Follows Years of State's Failure to Inspect" »

The Consumer Product Safety Commission (CPSC) has asked manufacturers to re-design window blinds so as to eliminate the risk of infant wrongful death from strangulation.

Window blind manufacturers have known about the problem for decades, starting with a federal study in the 1980s that tied 41 child strangulation deaths to drapery and blind cords.  Since then, manufacturers have dragged their feet when it comes to improving safety.

And infants are still dying. The NY Times reports that in August 2009, Kathleen Leeson put her 2-year-old son down for a nap.  A short time later, Ms. Leeson discovered her son hanging, lifeless, an inch off the floor with the window blind cord wrapped around his neck.  Further, in 2002 1-year-old Cheyenne Kaiser was found by her mother strangled sitting up in her crib, which was next to the window, with the inner window blind cord wrapped around her neck.

The CPSC has released a safety alert for concerned parents explaining the risk of personal injury and wrongful death to children from the various types of window blind cords.  In its safety alert, the CPSC makes four recommendations to help prevent these tragic strangulation injuries:

• Use only cordless window blinds in all homes where children live or visit;
• Do not place cribs, beds, or furniture close to windows where children can climb and gain access to the cords;
• Make all loose cords inaccessible; and
• In windows with looped bead chains or nylon cords, use tension devices to keep the cord taut.

Moreover, in response to the industry's unenthusiastic attempts at improving product safety, a task force of regulators, consumer advocates, and industry leaders have come together to find a solution by the fall of 2011.

The CPSC has also warned the window blind industry that, if it cannot reach a solution soon to minimize these life-threatening dangers, it may face mandatory safety regulations.

Continue reading "Window Blind Design Reconsidered After Numerous Infant Deaths" »

Over 7 million candles have been recalled due to concerns that the cup holding the candles could melt or catch fire.

The Consumer Product Safety Commission has stated that the defective products, tea light type candles, were sold under the brand names Chesapeake Bay Candle and Modern Light. 

The affected candles were sold in Massachusetts and nationwide at retailers such as Home Goods, Target, and Wegmans between July 2009 and February 2011.

The clear plastic cup holding the candles is at risk for melting or igniting during use.  There has been one consumer report of the candle's plastic cup melting during use.

Continue reading "Warning to Massachusetts Residents: Tea Light Candles Recalled Due to Holder Burn/Melt Risk" »

Major League Baseball has opened its season and baseball players of all ages are stepping up to the plate across Massachusetts. Breakstone, White & Gluck wants you and your family to play it safe and enjoy the game.

Here, our Massachusetts personal injury lawyers offer safety tips on equipment, pitching and recovering from injuries:

Equipment and Field Safety

• Batting helmets must be worn whenever a player is waiting to bat, is at bat or is running the bases.
• Players should be instructed to have their attention focused on the batter, even when they are not actively involved in the game.
• Younger players should use balls that are partly rubberized to minimize the risk of injury.

Click here for more tips on bats, fielding balls and staying safe in the dugout.

Excessive Pitching

• Make sure pitchers follow league requirements for the number of innings they throw.
• You should also check the pitch count limits recommended by Youth USA Little League and the American Sports Medicine Institute.

Click here for the pitch count limits recommended by those organizations.

How Coaches Can Identify Concussions

• The player appears dazed.
• The player is confused about their playing assignment.
• The player is unsure of the score or who the opponent is.
• The player moves clumsily or has poor balance.

Click here for more tips on how coaches can identify concussions in players and similar tips for parents.

Continue reading "Play It Safe and Avoid Injury This Baseball Season" »

A series of recent tour bus accidents has raised public concern about which motor coach companies can be trusted on the roadways. Each year, 750 million passengers board motor coach buses in the United States for school trips, recreational excursions and commuting to work. The advantage is the low-cost fare, but many passengers are now worrying about safety.

Dangerous Bus Accidents
On March 12, 15 passengers were killed in a bus crash on Interstate 95 in New York. The bus, operated by World Wide Tours, was transporting a group back from a Connecticut casino. The National Transportation Safety Board (NTSB) is still investigating, but says the driver was speeding.

Two survivors have filed personal injury lawsuits against the bus company, claiming negligence. One lawsuit was filed for $20 million in damages, while the other seeks $200 million.

The fatal bus accident was followed by three other bus accidents resulting in serious personal injuries and wrongful death. Just two days later, a tour bus crashed on the New Jersey Turnpike, killing the driver and one passenger. The Federal Motor Carrier Safety Administration is no longer allowing the company involved, Super Luxury Tours, Inc., to operate.

A week later, a bus carrying Korean tourists from Quebec to Boston crashed in New Hampshire, injuring passengers.

A fatal Massachusetts bus accident occurred over the weekend on Rte. 2 in Shirley when two men tumbled out of a bus window. A 31-year-old man died and a second man suffered serious personal injuries. The bus, owned by Colonial Tours of Boston, had been transporting a group back from touring Red Hook Brewery in New Hampshire.

In January, another bus accident in Connecticut killed a 17-year-old student when it crashed into a guardrail on Interstate 84. The bus had been transporting students to a robotics competition.

The NTSB has launched a six-month investigation into the tour bus industry and may then propose legislation. It plans to look at equipment upgrades and driver training. The NTSB said 60 percent of fatal bus crashes over a 12-year period were caused by driver error.

How Passengers Can Protect Themselves
In the meantime, passengers can protect themselves by researching the bus companies they use for travel. You can search a bus company's safety rating and accident history on an online database operated by the Federal Motor Carrier Safety Administration.

Click here to access the database. Type in the name of the bus company you are researching.

While there is a lot of important data there, you will find two notable charts at the bottom of the page. The first chart tells you how many bus crashes the company has had in the past two years, including injuries and fatalities. The second chart shows you the Carrier Safety Rating, which will be listed as Satisfactory, Conditional or Unsatisfactory.

Finally, another way to check on a bus company is to use the Internet. Go to the website of the local or city newspaper and search their archives. If there was a major bus accident, you can expect the newspaper reported it.

Continue reading "Passengers Can Check a Bus Company's Safety Record" »