Massachusetts Injury Lawyer Blog

Recent food recalls involving cantaloupe, ground beef and ground turkey have put a renewed emphasis on food safety.

The cantaloupe recall ranks as the worst in a decade, causing 13 deaths and sickening more than 70 people. In 1998, Listeria contamination in hot dogs and deli meats killed 21 people, according to the Centers for Disease Control and Prevention.

On September 14, Jensen Farms of Holly, Colorado voluntarily recalled their shipments of Rocky Ford whole cantaloupe because of the potential for Listeria monocytogenes contamination. The food recall impacted shipments to 17 states, including in Colorado, Texas, Pennsylvania, New York and New Jersey. Massachusetts did not receive shipments of the contaminated cantaloupe.

The cantaloupe recall has subsequently been expanded, with Carol's Cuts LLC, a Kansas food processor, recalling 594 pounds of fresh-cut cantaloupe. Eight wrongful deaths and 55 cases of foodborne illness have been linked to the contaminated cantaloupe. Listeria can cause serious and sometimes fatal food poisoning. Complications range from nausea and high fever among the general public to miscarriage and stillbirths for pregnant women.

In other recall notices, on September 28 Tyson Fresh Meats of Kansas recalled 131 pounds of ground beef products that may be contaminated with E. coli, a bacterium that can cause a wide range of symptoms, including dehydration, kidney failure and death. The contaminated ground beef products were shipped to 14 states.

The recall was issued after an Ohio man became ill from food poisoning and authorities tested leftover ground beef collected from his home. The beef was contaminated with the virulent strain of E. coli known as O157:H7.

On September 11, Cargill Meat Solutions Corporation of Springdale, Arkansas recalled 185,000 pounds of ground turkey products for Salmonella contamination on September 11. No injuries have been reported in that food recall.

It is important to carefully inspect your food during preparation. The U.S. Department of Agriculture's Food Safety and Inspection Service offers tips for safe food handling and inspection in its guide called, Check Your Steps: Food Safe Families.

Continue reading "Food Recalls Put Focus on Safe Preparation and Inspection" »

Cambridge and Somerville are known as bike-friendly communities, but new state figures show they are also among the most dangerous places for cyclists in Massachusetts.

Cambridge saw 400 bicycle accidents involving cars from 2002 to 2009, according to The 2009 Top Crash Locations Report, which was recently released by the Massachusetts Department of Transportation. Over the past decade, the city had more bike-and-car crashes than any other community in Massachusetts, a recent Boston Herald review found.

Eight of the top 10 areas for bike crashes were in Cambridge. The state's most dangerous bicycling intersection was Inman Square in Cambridge and Somerville. From 2002 to 2009, there were 106 bike accidents around Hampshire and Cambridge streets.

Other Cambridge areas included several sections of Massachusetts Avenue, including through Alewife Brook Parkway on the Arlington border. Porter Square - at Massachusetts and Somerville avenues - had the third highest number of bike crashes.

The state's bicycling population is growing as infrastructure improvements continue and new bike share programs begin. Boston and Salem began bike share programs this summer, while Somerville is expected to launch its program next year.

With this growth and changes in Massachusetts bicycling laws in recent years, it is important for both drivers and cyclists to understand the law and follow it. Here the Boston bicycle accident lawyers at Breakstone, White & Gluck share some basic tips:

• Motorists are required to report accidents with bicyclists resulting in more than $1,000 in property damage or personal injury. It is a good practice to report all accidents in case pain and injuries arise later.
• Leaving the scene of an accident causing personal injury is a crime in Massachusetts punishable by up to two years in jail.
• Motorists are required to identify themselves and the owner of the vehicle to the cyclist, even when bike accidents are not reported to police.
• Bicyclists are required to report all accidents they are involved with that cause personal injury or $100 or more in damage.
• When a bicyclist is injured in a car accident, the driver's auto insurance provides up to $8,000 in Personal Injury Protection benefits (also known as no fault benefits). These benefits cover medical expenses and lost wages, even if the driver was not negligent
• If you are a cyclist, you can protect yourself by purchasing coverage for accidents. Coverage can be purchased through your car insurance policy.

Additional Bicycle Resources
Facts About Cycling in Massachusetts

What Every Massachusetts Bicyclist Needs to Know About Car Insurance

What to Do When Car and Bike Collide. Boston Globe. Sept. 25, 2011.

Continue reading "Cambridge Leads Massachusetts in Bike Accidents" »

Anyone who has recently purchased a $100 bike at Walmart wants to pay attention to a bicycle recall issued this week.

Bridgeway International of Naples, Florida has recalled 91,000 "NEXT"-branded men's 26-inch hybrid bicycles. The products have a defective bicycle chain that can break and cause the bicyclist to lose control and fall in a bicycle accident.

The importer is aware of 11 reported incidents, including nine involving lacerations and other personal injuries.

The bicycles are red and orange and are marked "Power X" and "Suspension." They were sold at Walmart from February 2011 through July 2011 for about $100. The model numbers are LBH2611M and LBH2611M2. The bicycles were manufactured in China.

Consumers are advised to stop using the recalled bicycles. They can contact the company for a free repair at 877-934-3228 or visit www.powerxbike.com for more information.

Defective Specialized Bicycle Recall. Separately, 14,200 bicycles with a defective brake component were recalled this week by Specialized Bicycle Components, Inc., a Morgan Hill, California distributor.

The bicycles have Advanced Group carbon forks and were manufactured by Advance Group, of Taiwan. The brake component housed within the bicycle's carbon fork can disengage from the fork, allowing the brakes to contact the wheel spokes while rotating, posing a risk for falls and bicycle accidents.

There have been two reports of brake components disengaging from the carbon fork. No injuries have been reported.

The bikes were sold at authorized specialized retailers nationwide from June 2010 through August 2011 for $700 to $2,000. Consumers should stop riding these bicycles and return them to an authorized specialized retailer for a free repair or replacement. More information is available at 877-808-8154 or www.specialized.com.

Continue reading "Walmart Recall of 91,000 Defective Bicycles; Specialized Also Issues Bike Recall" »

Unsecured truck loads are a growing problem endangering drivers across the country. Massachusetts has seen two of these fatal car accidents in the past two months.

In 2004, the AAA Foundation for Traffic Safety reported 25,000 motor vehicle accidents are caused each year by unsecured materials on highways.

The problem is most prevalent in California, which had 32 million registered vehicles in 2007 - more than twice the number of any other state, according to the New York Times. The California state transportation department reported that over a two-year period between 2005 and 2007, 155 people were killed as the result of debris from unsecured truck loads.

In some of these fatal trucking accidents, authorities file criminal charges against drivers and other employees. When these motor vehicle accidents result from negligence, drivers and companies may also face wrongful death lawsuits in civil court.

Some states have strengthened the penalty for accidents involving tractor-trailers carrying unsecured loads such as construction equipment, building supplies, wood and furniture. Several years ago, Washington state passed Maria's Law, named for Maria Federici, a young woman in her 20s who was blinded and disfigured when a piece of furniture flew off a trailer and smashed her windshield.

Maria's Law made hauling an unsecured load causing injury a gross misdemeanor, carrying maximum penalty of one year in jail and a $5,000 fine.

In Massachusetts, a 27-year-old Lynn man died Sept. 19 when a 400-pound tire being hauled by a truck broke loose on Interstate 93 in Somerville. The truck was owned by Ryder Truck in Braintree and leased to Sullivan Tire. The tires spilled across the median and smashed the windshield of the Lynn man's car, throwing his car toward a retaining wall.

The 2005 Freightliner M2 flatbed truck was carrying tires containing a tire fill. This material made them heavier than standard tires filled with air.

On Aug. 12, a backhoe fell off a National Grid truck traveling on Interstate 495 in Southborough. The backhoe struck a van, killing an elderly passenger and causing serious personal injuries to others in the vehicle.

Click here to read a 2007 New York Times article about unsecured truck loads.

Continue reading "Unsecured Truck Load Accidents Are Growing Problem in Massachusetts, Nationwide" »

To parents, there is nothing more important than their children's safety. In the car, safety starts with child passenger safety seats.

This week, the National Highway Traffic Safety Administration is observing Child Passenger Safety Week. This weekend is National Seat Check Saturday, an opportunity for parents to have their child's safety seat inspected free of charge.

Motor vehicle accidents are the leading cause of death among children in the United States, according to the Centers for Disease Control and Prevention (CDC). Child passenger safety seats have been shown to reduce these deaths. For infants, child safety seats result in a 71 percent reduction in motor vehicle accident deaths.

All 50 states have child passenger protection laws. Violations are a primary offense in Massachusetts and 47 other states, meaning police can stop drivers solely for non-compliance. In Colorado and Nevada, child passenger safety violations are a secondary offense.

In Massachusetts, children must travel in a federally approved child passenger safety seat restraint until they are 8 years old or over 4'9" tall.

Parents often use child safety seats incorrectly. In one study observing nearly 3,500 child safety seats, 72 percent were misused, according to the CDC. This increases the chance for motor vehicle accident injuries and deaths.

Massachusetts parents can ensure their child safety seat is properly fastened on Saturday, when police departments and not-for-profit organizations will provide free checks.

If you are a parent of a young child, click here to find an inspection station near you.

Click here for information on the Enhanced Child Passenger Safety Law in Massachusetts.

Continue reading "Child Passenger Safety Week Highlights Need to Protect Children" »

Consumers want to take note of two recent product safety announcements, one involving a popular blender sold at Target stores and another concerning an antinausea drug which has been linked to a potentially fatal heart rhythm.

Defective Blender: On Sept. 15, 2011, Target Corp. and manufacturer Select Brands, Inc. announced the recall of the Chefmate(r) 6-Speed Blender. Target and the Consumer Product Safety Commission have received 11 reports of the blender's blades separating from the pitcher. In seven cases, consumers using the recalled Target product suffered serious lacerations and injuries to fingers and hands.

Approximately 304,000 defective blenders were sold at Target stores in Massachusetts and nationwide between September 2007 and Febrauary 2011. The blenders have the model number BL-10.

Consumers are advised to return the recalled product to Target stores for a full refund or contact the store's guest relations department at 800-440-0680.

Drug Danger: Also on Sept. 15, the Food and Drug Administration (FDA) announced clinicians should avoid prescribing the drug ondansetron to patients with congenital long QT syndrome, which is a syndrome affecting the electrical functions of the heart. These patients are at risk for developing an abnormal and potentially fatal heart rhythm called torsades de pointes.

Ondansetron is widely known as Zofran, manufactured by GlasxoSmithKline. It is prescribed to prevent nausea and vomiting experienced during cancer chemotherapy, radiation therapy and surgery.

The FDA is revising the drug's label to warn about the risk for the heart arrythmia. It will include recommendations for electrocardiogram monitoring for patients with electrolyte abnormalities, congestive heart failure and bradyarrhythmias and for patients taking other medications.

The FDA is also requiring GlaxoSmithKline to conduct a study to determine the degree to which ondansetron may trigger the complications.

The Massachusetts product liability lawyers at Breakstone, White & Gluck are experienced in representing individuals injured by defective products, including defective medical devices and improperly used medications. If you have been injured, contact us toll-free at 800-379-1244 for a free legal consultation. You can also use our contact form.

Continue reading "Product Liability Warnings For Blender and Antinausea Drug" »

There is much to plan as students return to school each September. Buying new school supplies and clothes often makes the top of the to-do list, but even more important is planning how your child will travel to and from school safely.

Approximately 17,000 children are sent to U.S. emergency rooms each year in school bus accidents, according to a 2006 report in the journal Pediatrics. Some 42 percent of student bus accident injuries and deaths result from crashes. But nearly 25 percent of school bus injuries occur during the everyday activity of boarding and stepping down from the bus.

There are many ways students travel to school: the school bus, parent car pools, walking and bicycling. All of these carry a risk for injuries and accidents - but this can be greatly reduced when drivers and students follow the rules of safety. Here the Boston personal injury lawyers at Breakstone, White & Gluck offer parents tips to keep their children safe:

Avoiding School Bus Accidents:

• Most Massachusetts school districts do not have seat belts on school buses, but if yours does, explain the importance of wearing one to your child.
• Instruct your child to wait until the bus is completely stopped before trying to board or exit.
• Tell your child to stand at least six feet back from the curb as the bus approaches.
• Explain to children they should never cross the street behind a bus because it may result in a pedestrian accident.
• Wait at the bus stop with young children. If you cannot do this every day, ask another parent to share the responsibility with you.

Avoiding Student Pedestrian Accidents:

• If possible, walk to school with your child. Arrange a neighborhood school walk and have parents take turns supervising.
• If your child is walking alone, explain that he must cross the street in the crosswalk under the supervision of a school crossing guard.
• Have your child wear bright colored clothing to avoid car accidents.

Avoiding Student Carpool Accidents:

• All children should wear seat belts. In Massachusetts, children ages five to seven or up to 4'9" tall are required to travel in a child safety seat.
• Children under the age of 13 should ride in the back seat.
• Explain to children they should talk softly and let the driver concentrate on the road.

Avoiding Student Bicycle Accidents:

• In Massachusetts, children and teens age 16 and under are required to wear bike helmets.


• Do not allow young children to bicycle to school.


• Make sure your child has the appropriate experience on a bicycle and is familiar with traveling the route to school.
• Teach children to ride in the same direction as traffic on the right side of the road.
• Children and teens bicycling to school should wear bright colored clothing.

Continue reading "Protecting Students Traveling To School" »

A Food and Drug Administration (FDA) panel will begin discussing the safety and effectiveness of urogynecologic mesh products Wednesday. Surgical mesh is a medical device that is implanted into a woman during transvaginal mesh surgery.

On July 13, the FDA issued an update on a 2008 public health notification reporting complications from surgical mesh used in transvaginal mesh surgery are not rare. It also reported it was not clear that transvaginal mesh surgery is more effective than non-mesh repair of POP.

Transvaginal mesh surgery is used to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI). POP occurs when the tissues that hold the pelvic organs become weakened or stretched. SUI is a bladder condition.

In its July 13 update, the FDA reported it had received more than 3,800 reports of complications about transvaginal mesh surgery between 2005 and 2010. It urged surgeons and physicians to consider other options before performing the surgery.

Possible transvaginal mesh complications include internal mesh erosion, pain during intercourse, infection, bleeding, organ perforation and urinary problems.

The FDA warned that surgical mesh is a permanent implant that may require several surgeries to correct. Full removal of surgical mesh may not be possible.

The FDA will convene its Obstetrics-Gynecology Devices Panel of the Medical Device Advisory Committee on Wednesday and Thursday (September 8 and 9, 2011). The panel will discuss the safety of transvaginal surgical mesh for POP and SUI.

One consumer advocacy group has called for the FDA to recall surgical mesh. Public Citizen of Washington, D.C. - the organization founded by Ralph Nader - has also asked the FDA to reclassify surgical mesh so that future releases must undergo a more stringent approval process.

Other medical professionals support the procedure. A nationwide group of 600 pelvic surgeons has submitted a letter to the FDA challenging findings involving surgical mesh injuries.

Nine companies manufacture surgical mesh, including Boston Scientific and Johnson & Johnson.

If you have been injured during transvaginal mesh surgery, it is important to contact an experienced Boston medical device recall lawyer who can protect your interests as the FDA conducts its review. An attorney can advocate for you and ensure you obtain compensation for your injuries.

For a free legal consultation, contact the Boston lawyers at Breakstone, White & Gluck in Boston at 1-800-379-1244 or use our contact form.

Continue reading "Surgical Mesh Complications Under FDA Review" »

Following thousands of reports about serious injuries among women, a Food and Drug Administration (FDA) panel will begin examining the safety of surgical mesh on Sept. 8 and 9.

Surgical mesh is implanted during transvaginal mesh surgery, the treatment for Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence (SUI). The procedure is performed to repair weak or stretched vaginal tissue, often after childbirth.

The panel's review comes almost two months after the FDA's July 13 public safety advisory on surgical mesh and as special interests step into the debate about a possible surgical mesh recall.

In the July 13 advisory, the FDA said transvaginal POP repair with mesh has no advantage over traditional non-mesh repair. The FDA's finding was based on a review of scientific literature published between 2006 and 2011.

Between 2005 and 2010, more than 3,800 women had reported complications and injuries following transvaginal mesh surgery, according to the FDA.

The most prevalent complaint was mesh erosion within the body, but other injuries included bleeding, pain during sexual intercourse, organ perforation, vaginal scarring, muscular and emotional problems. Remedies include corrective surgery, hospitalization and intensive follow-up medical treatment.

On August 25, 2011, Public Citizen, a Washington D.C.-based consumer advocacy group, called for a recall of all non-absorbable synthetic material used in transvaginal mesh surgery. It also wants a reclassification of the approval process for new surgical mesh products.

The same day, a coalition of 600 pelvic surgeons submitted the FDA a letter challenging its findings about the risk for complications during transvaginal mesh surgery. The letter was obtained by the CommonHealth medical website. Among their challenges, the surgeons argued mesh erosion is not a major complication.

In 2010, approximately 300,000 women in the U.S. had surgery to repair POP, including 75,000 of whom had surgical mesh transvaginally implanted, according to the FDA.

Nine companies manufacture transvaginal mesh products, including Boston Scientific and Johnson & Johnson. Bloomberg News reported one recommendation from the FDA staff administration would require the manufacturers to submit additional safety data to regulators.

The FDA cleared 85 mesh devices to treat pelvic organ prolapse from 1992 to 2010.

Continue reading "Surgical Mesh To Be Reviewed By FDA Sept. 8-9" »