Massachusetts Injury Lawyer Blog

Fisher-Price has recalled a popular toy truck after its plastic handle has been found to pose a laceration risk.

The East Aurora, New York toymaker recalled its Little People® Builders' Load 'n Go Wagon in cooperation with the U.S. Consumer Product Safety Commission (CPSC) and Health Canada this week. About 208,000 defective toy trucks were recalled in the United States and 2,800 in Canada. The toy trucks were sold in mass merchandise retail stores nationwide from June 2009 through July 2011 for about $25. They were manufactured in Mexico.

The toy truck is being recalled because its plastic handle has molded-in reinforcement. If a child falls on it, he could suffer a laceration.

The CPSC and Fisher-Price are aware of seven reports of personal injuries. Five reports came from children requiring surgical glue or stitches.

Consumers affected by the Fisher-Price recall can call 800-432-5437 or visit www.service.mattel.com for a free repair kit. The recall involves the wagon with the model number P8977. More information is available on the Mattel website.

Product recalls and deaths related to unsafe toys have declined in recent years, but toy-related injuries have been increasing. In 2009, 186,000 children under 15 were treated for toy-related injuries in emergency rooms, up from 152,000 in 2005.

In 2009, 12 children under 15 suffered wrongful deaths involving defective toys, a 50 percent decrease over the two prior years. Meanwhile, in 2010 there were 44 toy recalls, a significant drop from 172 in 2008.

The CPSC offers a few tips for parents: purchase age-appropriate toys, include safety gear whenever you buy sports equipment and ride-on toys and always be aware of your child's location during play. Parents should also closely inspect toys prior to giving them to children.

Continue reading "Defective Toy Truck Recalled by Fisher-Price" »

You are probably familiar with the list of distractions usually responsible for car accidents: texting while driving, talking on your cell phone, eating, the GPS and your children fooling around in the car.

Well here's another one to consider: if you are taking your family dog with you, there are additional things you should think about to avoid motor vehicle accidents.

Many people think about their dogs as affectionate friends, not as distractions on the road. But a new survey finds many drivers allow their dogs to ride with them in the car without restraints, increasing the risk for car accidents and serious injury to themselves and others, including the dogs.

The online survey by AAA and Kurgo, a manufacturer of pet travel products, polled 1,000 dog owners who had driven with their pets in the past year. More than half (56 percent) of the respondents reported driving with their dog at least once in the past month and 19 percent had taken their hands off the steering wheel to prevent their dog from jumping into the front seat.

Some 17 percent of the dog owners admitted to letting their dog sit on their laps as they drove and 13 percent said they fed their dog treats. Most alarming, 3 percent reported they had taken pictures of their dog while driving.

Only 16 percent reported putting their dog in a restraint while driving. Nearly 40 percent said they never considered buying a restraint and 42 percent said they believe their dogs are calm enough to ride without restraint.

While many of us have smiled at the sight of a dog hanging his head out of a car window, the survey highlights the fact that our dogs are becoming an increasing distraction on the roads. It is in everybody's best interest to restrain animals in the car to avoid accidents.

The bottom line: Be your dog's best friend. Get a proper restraint and avoid letting your dog be a dangerous distraction, even when just traveling around town on errands.

Continue reading "Driving With Dogs Is An Increasing Distraction On The Roads" »

As summer stretches on, teenagers are on the search for ways to spend their newfound free time. Those with their license are eager to get behind the wheel and drive around with friends. But we all must remember the risks they pose to themselves and others so we can try to take precautions.

Motor vehicle crashes are the leading cause of death for teens in Massachusetts and across the country. In 2009, eight teenagers ages 16 to 19 died each day from motor vehicle injuries. When teenagers survive accidents, they may be left to cope with painful injuries that require years of recovery. And others are likely to be seriously injured as well.

The majority of teen car accidents happen within the first year a teen holds a license. The risk increases when teens drive with their friends or when they drive at night. While many associate drowsy driving with truck drivers, teen drivers are also likely to drive with sleep deprivation, increasing the likelihood of car accidents.

Many auto accidents result from driver inexperience. Because of this, teen drivers should stay on familiar roads for a few years. For example, a teenager from Framingham should not attempt to drive in Boston, Cambridge or Quincy.

But many teen driving mistakes are the result of recklessness, immaturity, ignoring safety laws, driving drunk, driving while distracted. Distracted driving behavior includes driving to loud music, being overly involved in conversations with friends, eating and drinking, talking on a cell phone and texting while driving.

The reckless behavior includes drag racing and car surfing on the exterior of a motor vehicle.
This thrill-seeking behavior often leads to teens falling off the car and suffering head injuries. This behavior is dangerous anytime a vehicle is moving, even at low speeds of 5 mph.

Massachusetts has a graduated licensing law addressing concern over teen car accidents. Operators must hold a driver's permit for six months before applying for a Junior Operator's License at 16 1/2. They graduate up to a full license at 18.

For the first six months of holding a license, junior operators cannot ride with anyone under 18 in the car, except for family members. Among the other rules is teens cannot use cell phones or drive between the hours of 12:30 a.m. to 5 a.m.They face stiff penalties if caught operating under the influence of alcohol.

The state has a strong law, but parents must speak to their teens before and after they receive their license about concentrating on the road, wearing seat belts and using good judgment when driving or riding as a passenger. Because teens are out of school and looking for things to do, summer is the most important time of year to have this discussion.

Resources for Parents

The Boston personal injury lawyers at Breakstone, White & Gluck have compiled a few resources to help parents talk to teenagers about avoiding car accidents:

Teen Safety Materials from the Centers for Disease Control & Prevention

Facts about Learner's Permits and Junior Operators License from the Massachusetts Department of Transportation.

Teen Driving Tips for Parents from the National Safety Council

Continue reading "Prevent Teen Driving Accidents This Summer" »

A new review of hospital care shows patient deaths at hospitals rise 8 percent in July, making it clear that medical errors increase when the new interns and residents begin treating patients.

"The July Effect," has been widely discussed and studied for years, but a new paper published in this week's Annals of Internal Medicine stands apart as the first systematic review of past studies. The review found that in July, patient deaths rise in teaching hospitals as new medical students arrive and 20 to 30 percent of the most experienced doctors leave. The review made the finding based on the largest and best-designed studies of recent years.

The mistakes are not limited to patients having surgery. Last year, The Journal of General Internal Medicine found that fatal medication errors increased 10 percent in July. The increase was greatest in geographic regions with a large number of teaching hospitals.

Patients should use this review to make the best decisions for their care. If you are having a non-emergency procedure, ask your doctor to postpone it until the fall. If you must visit the hospital, bring a detailed medication record and ask a friend or relative to act as your medical advocate. Make sure you have an updated Health Care Proxy.

Under the Massachusetts Patients' Bill of Rights, you may also refuse treatment. The Patients' Bill of Rights gives you the absolute right to refuse treatment or examination from a medical student or other staff members. Refusing treatment from a particular person, or from medical students, will not jeopardize your access to proper medical care.

The Boston medical malpractice lawyers at Breakstone, White & Gluck are experienced in handling hospital malpractice cases involving medical errors, surgical malpractice and anesthesia malpractice. If you have been injured in a medical malpractice case, contact us today at 617-723-7676 or use our contact form.

A surprising study published last month revealed that one child in the U.S. dies every five days in portable swimming pools during the warm weather months.

The study published in the journal Pediatrics challenges the popular idea that in-ground swimming pools pose a much larger safety risk. This study is significant because drowning has become the second leading cause of death among children age one to 14, according to the Centers for Disease Control.

The study reports 209 deaths and 35 near-drownings of children under 12 in portable pools from 2001 through 2009. More than 90 percent of the children were under 5 and 81 percent of the swimming pool accidents occurred during the summer months.

The study's classification of portable pools includes small wading pools less than 18 inches deep, inflatable pools and other soft-sided pools up to four feet deep.

The study was conducted by National Hospital and Independent Safety Consulting in Rockville, Maryland. Researchers say the findings are comparable to in-ground pool drownings.

Researchers say owners of portable pools often fail to take the same safety precautions as those who own in-ground pools. They set pools up quickly without taking the time to install fencing, pool alarms, safety covers and lockable ladders.

The numbers also show in many cases, children are swimming in portable pools without adult supervision. Children were supervised by parents in only 43 percent of the drownings and swimming pool accidents. Parents were home 73 percent of the time.

Click here to read more about the study in The Boston Globe.

Continue reading "Study: One Child Dies in Portable Pools Every Five Days" »