Articles Posted in Wrongful Death

Super 8 A tragic chemical exposure has claimed the life of a worker at the Buffalo Wild Wings restaurant in Burlington. Ten other restaurant employees and patrons also reported inhalation injuries.

The Boston Globe reported that a male employee cleaning the kitchen with a product called “Super 8” was overtaken by nausea. The employee stepped outside to catch his breath. A second employee who attempted to remove the cleaner became sick and subsequently died from inhalation injuries. According to the Globe, the 10 other employees and restaurant patrons reported shortness of breath, burning eyes and other symptoms of chemical exposure for which they were treated at local emergency rooms.

News reports identified the caustic cleaning agent as “Super 8”, a sodium hypochorite concentrated solution which is intended for use as a general-purpose sanitizer empty stain or for manual or automatic dishwashing. When inhaled, the fumes cause severe bronchial irritation and pulmonary edema.

Chemical exposures in restaurants occur with alarming frequency. Breakstone, White & Gluck has represented several victims of chemical exposures due to inhalation and caustic burn injuries. In our experience, inhalation injuries such as the recent Buffalo Wild Wings incident occur as a result of the failure to provide:

  • adequate ventilation;
  • adequate airway protective gear
  • ill-advised mixing of chemical agents
  • adequate skin protective gear

Breakstone, White & Gluck has a track record of success in obtaining justice for victims of serious respiratory and burn injuries caused by chemical exposures in the workplace. In many of these cases, the exposures result in life-long respiratory injuries, scarring and emotional distress.

Recent cases:

  • Our attorneys represented a worker who inhaled chlorine at the Deer Island Waste Facility in Boston and suffered severe burns which temporarily handicapped him, leaving him unable to work.
  • Our attorneys represented a restaurant worker who consumed tainted beer from a recently sanitized beer tap. The lines had been chemically sanitized, but not properly flushed, resulting in ingestion of chlorine which caused esophageal burns.

Free Legal Consultation – Breakstone, White & Gluck of Boston

We would welcome the opportunity to review your potential claim related to chemical exposure and inhalation injuries or burns to see if we can assist you in obtaining full and fair monetary compensation.

Please contact the Boston personal injury lawyers at Breakstone, White & Gluck for a  free and confidential legal consultation. Call 800-379-1244 or 67-723-7676 or use our contact form.

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Red light crashes

Drivers who run red lights are causing a record number of deaths in Massachusetts and across the U.S., according to a new study.

While red means stop, we have all seen cars speed on, especially if you live in Boston. Our attorneys have represented countless clients who have been seriously injured or killed by another driver’s recklessness at intersections. Now, a new study reports running a red light is causing a record number of traffic fatalities across the United States. From AAA’s Foundation for Traffic Safety:

  • Red light running crashes have reached a 10-year high in the U.S.
  • 939 people were killed when drivers sped through red lights in 2017, a 28 percent increase over 2012.
  • More than a quarter of all intersection accidents happen because drivers run red lights.
  • Nearly half of those injured in red light crashes were passengers or occupants of other vehicles. Pedestrians and cyclists accounted for more than 5 percent of fatalities.
  • Over 35 percent of traffic deaths were red light running drivers themselves.
  • 85 percent of drivers consider it very dangerous to run a red light, yet one in three reported speeding through one in the past 30 days, according to AAA Foundation’s Traffic Safety Culture Index.
  • On the same note, nearly half (more than 2 out of 5 drivers) found it unlikely that they would ever be stopped by law enforcement.
  • Despite these responses, running a red light can have serious consequences, resulting in a possible insurance surcharge or criminal charges.

AAA officials count Americans driving more and distracted driving as two causes. Meanwhile, the Federal Highway Administration reports more than 50 percent of fatal and injury crashes in the U.S. happen at or near an intersection.

Massachusetts Red Light Accidents

Red light crashes are a danger at Massachusetts intersections. From 2008 to 2017, Massachusetts lost 43 people when drivers ran red lights, according to Wicked Local. These deaths are just the drivers who were caught and are in addition to other injuries.

Safety Recommendations: Roundabouts and Traffic Cameras

AAA officials say roundabouts and traffic cameras could reduce the number of crashes. Massachusetts is actively working to convert rotaries into roundabouts, which are considered safer because they force drivers into the correct lanes. However, with more than 100 rotaries across Massachusetts, change will take time.

There is long-standing opposition to traffic cameras at Massachusetts intersections, even as AAA says traffic cameras have reduced fatal red light running crashes by 21 percent in large cities. Overall, traffic cameras have contributed to a 14 percent reduction in all fatal crashes at signalized intersections.

Unlike some states, Massachusetts does not have a state law permitting use on local intersections. While MassDOT operates traffic cameras along the MassPike, there is a battle over local intersections.

More than a decade ago, several Massachusetts communities attempted to pass ordinances allowing for red light cameras, among them Saugus, Lawrence and Springfield. South of Boston, Brockton also approved a local traffic camera ordinance. Traffic cameras were never installed. Citing privacy concerns, state lawmakers declined to pass the legislation necessary for these local ordinances to stand. Now years later, there are state lawmakers interested in similar legislation, so we may be revisiting the debate at some point. Here is one lawmaker’s blog.

Across state lines, you may find traffic cameras at red lights in Rhode Island, along with 19 other states. Rhode Island, however, does not have a state authorizing the use of speed cameras (Source: Governors Highway Safety Association).

AAA only recommends traffic cameras at intersections with demonstrated patterns of red light violations or high crash rates. Cameras should be part of broader traffic safety programs and drivers should be notified through signage and other methods.

Reducing Red Light Accidents in Massachusetts
Drivers have a responsibility to operate with care and pass other vehicles, cyclists and pedestrians at a safe distance in Boston and every other community in Massachusetts.

The Boston area commute is stressful. Leaving your home a few minutes earlier was once an effective way to beat the traffic. Unfortunately, as traffic congestion has grown, you now have to leave even earlier in many Massachusetts communities and that isn’t always enough to beat the 2-3 hour commutes. But even in these conditions, practicing patience and putting down your cell phone are paramount to preventing red light crashes and distracted driving accidents causing injury or death. Always watch for pedestrians and cyclists, maintaining a safe distance at all times and taking extra care when approaching crosswalks and bike lanes. Remember you may not be able to see a pedestrian until that moment they step onto the road.

Free Legal Consultation – Boston Car Accident Lawyers

Breakstone, White & Gluck has been recognized for our superior results for clients. Founded in 1992, our law firm specializes in representing those who have been injured due to the negligence and wrongdoing of others. We specialize in handling cases involving car accidents and truck crashes in Boston, Cambridge, Cape Cod, the South Shore, the North Shore and across Massachusetts. If you have been injured, learn your rights. Contact our firm for a free legal consultation: 800-379-1244 or 617-723-7676 or use our contact form.

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Fisher-Price Rock 'n Play Sleeper

Fisher-Price has recalled its Rock ‘n Play sleeper after an investigation found more than 30 infants died while using it.

It once looked the perfect place to nap and cuddle. But this adorable product – the Fisher-Price Rock ‘n Play Sleeper – wasn’t ever safe. Fisher-Price and the Consumer Product Safety Commission (CPSC) announced the recall of 4.7 million sleepers on April 12, 2019. Parents are being urged disassemble the sleeper and stop using it. The company expects to spend the next several months processing recalls.

Prior to the company’s action, the American Academy of Pediatrics (AAP) had joined Consumer Reports in calling for the product’s removal, stating the Fisher-Price Rock ‘n Play failed to comply with its recommendations, which state infants should only sleep on flat and firm surfaces. Further, the AAP advises infants should not be left on the same surface as other bedding, toys or bumpers, which could increase the risk of infant suffocation or choking.

Fisher-Price, a division of Mattel, is asking parents to contact the company for a refund or voucher toward another Fisher-Price product. The company will offer a full refund for Rock ‘n Play sleepers purchased during the past six months.

Resources:

Fisher-Price Rock ‘n Play Recall Notice, Consumer Product Safety Commission

Mattel and Fisher-Price Recall Page for Parents

The Week of Bad Headlines for Fisher-Price

Fisher-Price and the CPSC announced the product’s recall on Friday, April 12th, following days of pressure from safety organizations. Fisher-Price had initially resisted.

On April 5, the CPSC and Fisher-Price released an initial warning and announced 10 infants had died in the Rock ‘n Play between 2015 and 2019. The infants were all 3 months or older and died after rolling over from their back to their stomach or side.

At that point, there was no recall, but parents were advised to stop placing children in the sleeper once they reach 3 months old, or earlier if they begin turning themselves over.

Days later, Consumer Reports came out with a troubling report linking the product to not 10, but 32 infant deaths since the 2009 release. The consumer watchdog called on the CPSC to immediately issue a recall of the defective product. In response, Fisher-Price said the company did not believe any of these deaths were caused by the sleeper. Rather, the company said medical and health conditions were cited as the cause in some deaths, and in other cases involved improper use of the sleeper.

Shortly after, Americans heard from the AAP: “This product is deadly and should be recalled immediately.”

Despite the AAP recommendations, Fisher-Price managed to introduce the Rock n’ Play and sold it for a decade. Before the recall, it was selling for $40 to $149 at various retailers. The product sits elevated in a canopy-like environment for sleeping and sitting and featuring a “motorized rocking motion” and musical tunes. The problem is when a baby’s head falls forward or sideways. This can block the child’s access to oxygen.

Parents should do careful research when buying children’s products. Monitor the CPSC website for warnings and recalls, as well as the Consumer Reports website. We can expect to hear more about the dangers of other sleeper products in the near future, as Consumer Reports continues its investigation. On April 11, it reported on four other child deaths linked to Kids II sleepers.

More Reading:
Fisher-Price Rock ‘n Play Sleeper Should Be Recalled Immediately, Consumer Reports

Fisher-Price Rock ‘n Play Recall, New York Times

Buying Safe Toys, Breakstone, White & Gluck Project KidSafe 

Contact the CPSC About Dangerous Products and Injuries
If you are ever injured while using a consumer product, you should contact the CPSC to report the injury. The CPSC is the federal agency responsible for overseeing the recall process, releasing warnings to the public and collecting injury data. The CPSC works with manufacturers to issue product recalls.


Free Legal Consultation – Contact a Boston Product Liability Lawyer

If you have been injured, it is also in your best interests to consult a Boston product liability attorney. At Breakstone, White & Gluck, our Boston attorneys have represented clients injured by defective products, medical devices and vehicles. Prompt investigation is necessary in product liability cases and our attorneys are known for our thorough, detailed and capable investigation.
For a free legal consultation, contact our lawyers today at 800-379-1244 or 617-723-7676 or use our contact form.

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20190329-mb-lynn-whdh-with-caption

Attorney Marc L. Breakstone, who is representing a family who lost a loved one in the Lynnway Auto Auction crash, speaks to WHDH TV in Boston. Watch.

Attorney Marc L. Breakstone was interviewed by WHDH TV yesterday, following the announcement that the Lynnway Auto Auction, Inc. and company president James Lamb will each face five counts of manslaughter in the 2017 crash killing five people. Breakstone is representing one of the families who lost a loved one.

“This goes beyond normal everyday negligence,” he said. “This was gross negligence that created a dangerous environment for employees and others at the auction.”

truck driving in Boston Fenway area

A truck travels along Brookline Avenue in Boston last summer, near the site of a fatal truck crash killing a cyclist last week.

It was heart-breaking to watch the TV news coverage last week, the scenes following a cement truck crash which killed a cyclist in Boston’s Fenway neighborhood. The 69-year-old victim, a librarian in Brookline, was hit at the intersection of Brookline Avenue and Park Drive on Friday afternoon.

As State Police investigate the fatal bicycle accident, we should all be concerned about trucks. If you are a pedestrian or cyclist in Boston or Cambridge, you have likely witnessed a truck crash or near crash. Or the sheer terror of having a truck come too close.

At times, is hard not to  travel in fear.  In addition to the cement truck crash, a City of Boston truck plowed over a sidewalk, hit a pedestrian and smashed into the side of Liu Yi Shou Hotspot Boston. The restaurant is located on the corner of Washington and Kneeland streets in Chinatown, near Tufts Medical Center. The pedestrian was treated for non-life threatening injuries while the restaurant sustained heavy structural damage.

Because trucks are heavy-weight vehicles, drivers must be properly trained and use reasonable care when operating. When they neglect to do so, pedestrians and cyclists are in danger. Drivers and occupants of passenger cars are also at great risk. And we have seen trucks damage and leave behind deadly conditions in Boston tunnels.

Our attorneys have extensive experience in investigating truck crashes which have seriously injured or killed cyclists.

Last year, Attorney Ron Gluck of Breakstone, White & Gluck settled a wrongful death lawsuit on behalf of a cyclist who was killed by a truck driver in a hit-and-run crash. The driver hit our 38-year-old client at the intersection of Massachusetts Avenue and Beacon Street. Read about the case in Boston Magazine.

Truck Accident Statistics

  • Nationwide, fatal truck crashes have increased by 3 percent, from 4,704 to 4,213, according to the 2016 Large Truck and Bus Crash Facts 2016 report by the U.S. Department of Transportation.
  • Truck drivers were speeding in 6.9 percent of truck crashes involving a fatality. They were engaged in distractions in 6.1 percent of fatal truck crashes. Failure to yield the right of way resulted in 4 percent of truck crashes resulting in a wrongful death. These were the leading causes; violations were not reported in many of the accidents (2016 Large Truck and Bus Crash Facts 2016).
  • In 2016, 840 cyclists were killed in traffic crashes, a 2 percent rise over 2015. More significantly, this continued a trend of near two percent increases and marked a 25-year high for fatal cyclist accidents in the U.S. Cyclists age 55-59 and 60-64 had the highest fatality rates. (Source: National Highway Traffic Safety Administration,Traffic Safety Facts 2016 Data: Bicyclists and Other Cyclists).
  • Single-vehicle truck crashes killed 85 cyclists in 2016, just about 10 percent of all traffic deaths (NHTSA  Traffic Safety Facts).

How Cyclists Are Being Injured By Trucks

When cyclists are killed in collisions with motor vehicles, they are most likely to be hit by the front of the vehicle, according to the NHTSA FARS data. Cyclists are hit from the front in 78 percent of all cyclist vs. motor vehicle deaths, including in 89 percent of accidents involving cars and 83 percent of accidents involving light trucks, SUVs, pick-up vehicles or vans.

The numbers change when you look at fatal accidents involving large trucks and cyclists. While 48 percent of cyclists who died were hit from the front of large trucks, 22 percent were struck by the right side of a truck, while 9 percent were hit on the left side. Another 7 percent were by the back of the truck.

Truck Sideguard Ordinances and Legislation in Massachusetts

Some cities and states want to encourage truck safety by passing ordinances that require trucks to be equipped with side guards. This covers the area between a truck’s wheels, where cyclists and pedestrians can become trapped. Two cities in Massachusetts have already passed ordinances for city-contracted trucks and large vehicles. The ordinances also require trucks to use convex mirrors to help them see blind spots.

Boston was the first U.S. city to pass an ordinance in 2014. Somerville has since followed, passing the Somerville Ordinance to Safeguard Vulnerable Road Users. A statewide law could be next. A proposal now on Beacon Hill is asking lawmakers to mandate side guards on all city- and state-owned vehicles by 2020. Contractors would be required to meet the new standard by 2022.

Free Legal Consultation: 800-379-1244
Breakstone, White & Gluck has more than 100 years combined experience representing victims in personal injury, wrongful death and medical malpractice cases.

If you or someone in your family has been injured, contact us today for a free legal consultation at 800-379-1244 or 617-723-7676 or use our contact form.

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People walking in a crosswalk

Somerville residents are asking for new traffic calming measures after a fatal pedestrian crash last weekend on Powder House Boulevard and Hardan Road. Police are searching for the driver, who fled the scene.

The Somerville community is wrestling with the horrific crash that killed a teacher in a crosswalk last Friday night.

Somerville Police are still searching for the driver in the Somerville pedestrian crash. The driver struck Allison Donovan, an educator in the Watertown public school system, shortly after 7 p.m. Friday, then fled the scene. Another woman in the crosswalk suffered non-life-threatening injuries.

Best Lawyers Best Law Firms Tier 1 rating for Breakstone, White & Gluck.

Breakstone, White & Gluck was recognized with a 2019 Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston.

We are pleased to announce that Breakstone, White & Gluck of Boston has received a Tier 1 ranking from the U.S. News – Best Lawyers® 2019 edition of “Best Law Firms.” The firm received the Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston.

Breakstone, White & Gluck and our attorneys have been selected for U.S. News – Best Lawyers® and “Best Law Firms” rankings this year and in the past. In this year’s Best Lawyers ratings, Marc L. Breakstone, David W. White and Ronald E. Gluck were selected for individual recognition in various areas of our practice, including personal injury litigation – plaintiffs, insurance law, medical malpractice and professional malpractice.

The “Best Law Firms” rankings are based on a rigorous evaluation process that includes client and lawyer evaluations, peer reviews from other attorneys and other information provided by law firms.

Breakstone, White & Gluck is a top-rated Boston personal injury law firm with over 100 years combined experience and record-setting awards and settlements. Across Massachusetts and New England, our lawyers are known for our unwavering commitment to reach the best financial outcome for every client. We have earned recognition from “Best Law Firms” and Best Lawyers, along with Top 100 New England Super Lawyers and Top 100 Massachusetts Super Lawyers. Our attorneys hold top professional and ethical ratings from Martindale-Hubbell.

Our Attorneys

Attorney Marc L. Breakstone, a Boston personal injury lawyer and medical malpractice lawyer

Attorney Marc L. Breakstone

Attorney David W. White, a Boston personal injury lawyer

Attorney David W. White

Attorney Ronald E. Gluck, a Boston personal injury lawyer

Attorney Ronald E. Gluck

Attorney Reza Breakstone, a Boston personal injury lawyer

Attorney Reza Breakstone

Our Practice
Our firm specializes in personal injury and medical malpractice cases, including those involving catastrophic injuries and traumatic brain injury, including:

Free Legal Consultation
Boston Personal Injury Lawyers – Worcester Personal Injury Lawyers
If you have been injured, it is important to consult an experienced Boston personal injury lawyer or Worcester personal injury lawyer to learn your rights. You may have the right to obtain financial compensation for your injuries. Our attorneys represent those injured across Massachusetts, including in Boston, Waltham, Framingham, Cape Cod, Brockton, Plymouth, Worcester, the North Shore, the South Shore and Western Massachusetts.

For a free legal consultation, call our firm at 800-379-1244 or 617-723-7676 or use our contact form.

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deveau

Television news coverage showing Kenneth Deveau in a stretcher at a North Andover shelter after he was evacuated during the Columbia Gas explosions in Merrimack Valley.

Attorney Marc L. Breakstone has confirmed to the media that Columbia Gas and parent company NiSource will face a second wrongful death lawsuit following the Merrimack Valley gas explosions. Attorney Breakstone is representing the family of the late Kenneth DeVeau of North Andover, who suffered cardiac arrest and slipped into a coma after the Sept. 13th explosions. DeVeau, 57, suffered from illnesses such as Myotonic Dystrophy and a weakened heart, and had limited mobility due to a chronic neurological condition. DeVeau suffered the heart attack and injuries at an evacuation center. He was then transported to Lawrence General Hospital, where he briefly regained consciousness. He died from complications on Sept. 26.

Attorney Breakstone said the family has not yet filed the wrongful death lawsuit. They will do so once DeVeau’s sister is appointed the personal representative of his estate.

NiSource disclosed the second wrongful death claim yesterday when it filed its quarterly financial disclosures with the SEC. The company noted two parties had reported their intent to assert wrongful death claims after the Columbia Gas explosions in Merrimack Valley. Prior to this, only the family of 18-year-old Leonel Rondon had announced its intention.

News coverage:

Family of late North Andover man says he suffered cardiac arrest, slipped into coma after Merrimack Valley evacuations, Boston Globe, Nov. 2, 2018

Family says 2nd death linked to Merrimack Valley gas explosions, WCVB, Nov. 2, 2018

Second Family Plans Wrongful Death Suit Against Columbia Gas And NiSource, WGBH, Nov. 2, 2018

Second wrongful death lawsuit to be filed against Columbia Gas, Lawrence Eagle Tribune, Nov. 2, 2018

Family of man who died in aftermath of gas blasts plans suit, San Francisco Chronicle, Nov. 2, 2018 

WBZ Radio Coverage: Attorney Marc Breakstone Interviewed, Nov. 2, 2018

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Residents will spend weeks, months and even years recovering from the Lawrence, North Andover and Andover gas explosions. And throughout New England, many are also asking: are we safe in our homes?

If your family has been affected by the Columbia Gas explosions or fires, we can assist you. Please call us at 800-379-1244.

On Sept. 13th, natural gas explosions and fires erupted in the three Merrimack Valley communities. At least 70 blazes in all, causing devastation, dozens of injuries and one death.

Boston is in the middle of a mighty building boom, with no sign of a slowdown ahead. As new condos, college dorms and office buildings go up, the companies making a financial profit must protect construction workers.

Workers are not always protected. As ribbons are cut on new buildings, the number of workers killed on the job stands at a 10-year high in Massachusetts, according to MassCOSH. During the past month, construction accidents have injured two workers and killed one in the Boston area.

A 56-year-old Seekonk man was found dead last week at the Wynn Boston Harbor resort in Everett. According to WBZ, the worker was in the cab of an excavator, taking apart a trench box when he was struck. The cause of the impact was not reported and the accident remains under investigation by the Occupational Safety and Health Administration (OSHA). The man worked for J. Derenzo Companies of Brockton. The company is a subcontractor of Suffolk Construction of Boston, which is building the casino.

The Boston Globe reported that OSHA has conducted previous inspections at the Wynn construction site. One involved an employee who was hit by an excavator bucket. Another worker was injured when he fell down a shaft. A third employee was injured by a scissor lift.

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