Posts Tagged ‘attorney’
Boston’s Hubway Bike-Share Network Now Fully Launched for Year
Boston’s Hubway bike-sharing system returned to full operation Sunday, when over 60 bike stations began offering rentals for the new season.
The New Balance Hubway had re-opened many stations for the spring on March 15. The program began last July, with 61 stations and 610 bicycles. It was widely used with over 140,000 rides logged between July 28 and November 30, when the program ended for the season. One highlight of the season was the program saw no serious bike crashes requiring ambulance response and only two bike accidents overall.
Boston Bikes, which manages the program, is making bike accident prevention and safety a top priority again this season. It has arranged with a number of local retailers to offer discounted bike helmets. Click here for a list.
The program is experimenting with new station locations this year, including the Boston Convention and Exhibition Center, Seaport Hotel and Cambridge Street in downtown Boston.
The Hubway offers $85 annual memberships or two types of casual memberships: $12 for three days or $5 for 24 hours. Rides less than 30 minutes are free with any membership. Longer rides range in prices. Annual members receive a 25 percent discount.
The program is operated by Alta Bicycle Share in partnership with Boston Bikes, an initiative of the City of Boston. It is partially funded by the Federal Transit Administration. Alta Bicycle Share of Portland, Oregon offers similar programs in Washington D.C. and Arlington, Virginia. It has been selected to manage Chicago’s first bicycle sharing program which will launch this summer.
In Boston, there are plans to expand the program into Roxbury, Dorchester, Jamaica Plain and Charlestown, Back Bay and downtown. Nearby, Cambridge, Somerville and Brookline plan to launch 30 stations this year.
Hubway users can find stations by visiting the Hubway website. The website provides a map of bike kiosks.
Related:
Recalled Birth Control Pills: Lo/Ovral-28, Norgestrel and Ethinyl Estradiol
Pfizer Inc. has voluntarily recalled certain lots of birth control pills which may contain ingredient errors or out-of-sequence packaging which could have exposed women to a risk for unintended pregnancy.
In January, Pfizer recalled 14 lots of Lo/Ovral-28 (norgestrel and ethinyl estradiol) Tablets and 14 lots of Norgestrel and Ethinyl Estradiol Tablets (generic) for customers in the U.S. market. The defective pills were distributed to warehouses, clinics and retail pharmacies nationwide.
An investigation by Pfizer found that some blister packs may contain an inexact count of inert or active ingredient tablets and that the tablets may be out of sequence. Pfizer recalled the tablets on January 31, 2012, with knowledge of the Food and Drug Administration (FDA). Pfizer said the error has been corrected.
The tablets were manufactured and packaged by Pfizer Inc., commercialized by Akrimax Rx Products and labeled under the Akrimax Pharmaceuticals brand. The medicine is packaged in blister packs of 21 tablets of active ingredients and seven tablets of inert ingredients. Click the link below for packaging numbers involved in the recall.
The product liability lawyers at Breakstone, White & Gluck are reviewing cases for women who have taken defective lots of these birth control pills and have experienced or are experiencing an unplanned pregnancy. Contact us today at 800-3791244 or 617-723-7676 or use our contact form. Read More
Defective Medication Under Scrutiny After Supreme Court Ruling
A recent Supreme Court ruling is limiting court actions by injured patients who have filed claims against manufacturers of generic drugs.
The ruling was issued last year and said generic drugmakers do not have control over their labels and therefore cannot be sued for failing to alert the public. Under the 1984 Hatch-Waxman Act, generic drugmakers were not required to undergo the Food and Drug Administration’s (FDA) lengthy approval process if they could prove the generic drug was equivalent to the brand-name medicine.
In most cases, the Henry-Waxman Act requires generic manufacturers use the same labels as brand-name drugs, with dosing instructions and risks for injury. For this reason, judges have started to dismiss many product liability lawsuits against generic manufacturers while allowing those against brand-name drugs to move ahead.
In a March 20, 2012 article, The New York Times reported that a woman who had received the brand name for an anti-nausea medication had suffered gangrene – or a condition that results in dead or weakening body tissue. She sued the manufacturer Wyeth and won $6.8 million.
Another woman took the generic version of the defective drug, known as promethazine, and had to have her arm and forearm amputated because of complications from gangrene. Her case was dismissed last fall following the Supreme Court ruling.
The Supreme Court ruling comes as Americans are increasingly turning to generic medicines. As prices skyrocket and the economy struggles, many health insurance companies are requiring generics be filled before brand-name drugs. Doctors are required to show medical needs for the brand name over generic.
As a result, nearly 80 percent of prescriptions in the United States are filled generic and most states permit pharmacists to dispense a generic in place of a brand name.
What Can Consumers Do:
Support efforts to change the law. Public Citizen, a consumer advocacy group, has petitioned the FDA to give generic companies greater control over their labels. The move may allow generic drug users to sue. U.S. Rep. Henry A. Waxman, D-California, is also exploring ways to address the issue.
Talk to your doctor. Ask your doctor about the medicine being prescribed, the generic and potential side effects. If you are still concerned about potential injuries, ask your doctor to call your insurance company and request a brand-name.
Research any medication you use. Write down the name of the medicine you are prescribed, the medicine you receive at the pharmacy and research both drugs. Discuss any side effects with your physician.
Consider foregoing insurance. If you are really concerned and can afford the brand-name prescription, consider purchasing it. There are many discount drug programs which may help you reduce your costs. Check with any groups you are affiliated with, including AAA and AARP.
Contact your health insurance company. If the company has required you to use generic medications, ask if it has changed its policy and is now allowing use of brand-name medications.
Related:
Massachusetts Patients’ Bill of Rights and Preventing Medical Errors.
Head Injuries and Concussions Being Tracked Among Massachusetts Student Athletes
More than 330 students suffered head injuries and concussions last fall at 26 high schools in the region, according to a survey by The Boston Globe. This is the first time Massachusetts high schools and middle schools have been required to report injuries under a new state law.
Football accounted for the majority of injuries, with 207 reported head injuries. Girls soccer followed with 85 head injuries, compared with 46 among boy soccer players.
Robert Cantu, a clinical professor of neurosurgery at Boston University School of Medicine, told theGlobe that football is the leading cause of head injuries among student high school athletes nationwide. He estimated that for every concussion recognized in football, 6 to 8 go unreported.
Concussions are a brain injury which can result when student athletes are struck in the head, collide with each other or engage in unsafe play. One recent study has documented how excessively heading the ball in soccer causes trauma to the brain as well. Symptoms can include headache, nausea, dizziness and confusion. Concussions have the best chance for recovery when given proper rest.
In 2010, Massachusetts passed a new law aimed at preventing concussions among high school athletes and protecting them from long-term injury. Since last September, students, parents and coaches have been required to receive annual training on recognizing and treating concussions; students who sustain concussions must obtain medical clearance before returning to play. Schools must report the number of injuries to the state Department of Public Health.
The 26 schools reported 338 head injuries. Marshfield and Newton South high schools reported the largest number of head injuries, followed by Lexington, Duxbury and Wakefield. Some coaches in these districts say the higher numbers reflect the community’s work to educate students and parents.
Some schools have gone beyond the requirements of the law and are utilizing ImPACT testing, a computerized cognitive test used to help evaluate whether a student is ready to return to the field. Some school districts are providing free physicals and staffing a doctor at every football game.
Finally, some athletic directors report their coaches are focusing on safe playing techniques while others are seeking new football helmets for players.
Related:
- Massachusetts Concussion Law
- Massachusetts Baseball Safety
- Massachusetts Interscholastic Athletic Association
Hubway Bike Share Program Returns to Boston
The New Balance Hubway bike sharing program re-launches in Boston tomorrow. Sixty percent of the stations will open, with the remainder scheduled to offer bike rentals by April 1.
Hubway opened last July and had a busy first season with 3,650 cyclists signed up as annual members. The system, which is partially funded by the Federal Transit Administration, is operated by Alta Bike Share in partnership with Boston Bikes, an initiative of the City of Boston.
Cyclists can join as annual members for $85 per year or use the system as casual members and pay $12 for 3 days or $5 for 24 hours. The first 30 minutes of each ride is included in the cost, with riders paying for additional time based on their membership plan.
The schedule for opening bike rental stations could be delayed depending on weather conditions. Hubway recommends cyclists visit the Station Map page of its website to monitor progress, follow the program on Facebook or Twitter or download its free Spotcycle application to their smart phone.
The Boston bike accident lawyers at Breakstone, White & Gluck offer these safety tips for cyclists and drivers to avoid cycling accidents:
For Cyclists:
Wear a helmet. Protect yourself from sustaining injuries in bicycle accidents. Your purchase agreement with the Hubway program also requires it. Riders can purchase helmets when they register for the program. Helmets may also be available at some stations and the program has arranged for a number of local retailers to offer helmets at a discounted price of $7.99.
Cyclists should generally ride to the right of traffic, on the right side of the road. Bicyclists may also operate in bike lanes where available and in the center of the lane. Up to two bicyclists may travel abreast in the same lane. Cyclists are not permitted to ride on sidewalks in business districts and many areas of Boston.
Cyclists should never ride against traffic. They have to stop at red lights and stop signs just like motor vehicle traffic.
For Drivers:
Watch your speed! Drivers should travel at the speed limit or slower when conditions involving other vehicles, cyclists or pedestrians warrant it. Unless posted otherwise, state law requires drivers to travel at 30 mph in thickly settled or business districts and 40 mph outside of these areas.
Drivers should take caution turning to avoid bike accidents. Drivers who are turning left must yield the right of way to cyclists.
Drivers should look before they exit a parked car so as not to injure or impede the travel of a passing cyclist. This is illegal, can cause bicycle accidents and carries a fine of up to $100.
Drivers must have adequate room to pass a cyclist. They must also have enough space before returning back to the lane.
Related:
- Facts About Cycling in Massachusetts
- What to Know if You’ve Been Injured in a Bicycle Accident
- New Balance Hubway Program
- Bicyclists Can Protect Themselves By Buying Extra Car Insurance
- MassBike
Elevator Accident in New York City Leads to Firings, Suspensions
A new report on a New York City elevator accident highlights the importance of safety on elevators, escalators and other equipment that transports the public.
While many elevators and escalators are used daily by large numbers of people, they pose a risk for injury when they are not properly maintained. The responsibility falls on manufacturers to produce safe products and building owners, management companies and city and state inspection officials to ensure machinery is kept up to code.
Elevator and escalator injuries and deaths are more common than the public may know. Each year, elevator accidents result in about 10,200 injuries and 27 deaths in the U.S. Escalator accidents result in about 17,000 injuries and 30 deaths.
One tragic case recently occurred in Massachusetts. In March 2011, a 4-year-old boy was killed after an escalator accident in the Sears at the Auburn Mall, near Worcester. The child was standing on the store’s second floor when he grabbed the moving down rail of the escalator and was pulled through a gap between the Plexiglas divider and the escalator. He fell 18 feet onto a display case.
Investigators later learned that the gap between the Plexiglas and the elevator was 1-1/4 inch greater than code. After an investigation, two state escalator inspectors were fired, six were suspended and 26 others were reprimanded.
In December 2011, two women lost their lives in separate elevator accidents. On December 9 in California, a 48-year-old woman was killed on an elevator accident at Cal State Long Beach. She was killed when the elevator got stuck between the second and third floors and someone tried to help her escape. A 2000-pound car crashed down on her.
Just five days later in New York City, a 41-year-old advertising executive was killed in an elevator accident in a Midtown Manhattan office tower. The woman was killed after she stepped into an elevator which suddenly lurched upward with the doors still open. She was pinned to an elevator shaft between the first and second floor and pronounced dead at the scene. Two other people who were trapped in the elevator were rescued and treated for trauma.
The city released results of the investigation into the woman’s death this week, finding that a maintenance crew had been repairing the elevator and utilized a special jump wire to bypass the elevator’s safety system nine minutes before the woman’s death. They then accidentally left it in place.
The investigation also found two other violations. First, the elevator repair crew never posted a warning that work was being performed. Second, the crew never called the city’s Buildings Department before putting the elevator back in service.
The city has suspended the license of the company from performing maintenance, Transel, which services 2,500 elevators in New York City. The company has fired five mechanics.
Related:
- Transel Elevator Fires 5 After Report on Elevator Death, The Associated Press.
- Escalator fall leads to firings, suspensions, Worcester Telegram.
Car Accident Deaths Rise Among Teens
After several years of decreases in U.S. teen driving deaths, new data shows the number climbed slightly in the first half of 2011.
Car accidents have long been the leading cause of death among U.S. teens, accounting for more than one in three fatalities, according to the Centers for Disease Control and Prevention (CDC). But new preliminary data collected by the Governors Highway Safety Association (GHSA) shows an increase in teen driving deaths as the number of overall highway deaths is declining – as is the number of overall teen deaths. The data was submitted to the National Highway Traffic Safety Administration (NHTSA).
The data shows the number of 16-year-olds killed increased from 80 in the first half of 2010 to 93 in the first six months of 2011. The number of 17-year-olds killed rose from 110 to 118 during the same period.
The nation has not seen an increase in eight years. During that time, many states have passed graduated driving laws for teenagers with a goal of reducing car accident deaths. The Massachusetts Junior Operator Law states drivers under 18 cannot drive with another passenger under 18. The only exception is for for siblings. Teen drivers are also not allowed to drive between 12:30 a.m. and 5 a.m. In September 2010, the Safe Driver Law took effect, prohibiting drivers under 18 from using cell phones while driving.
In a Washington Post article published Feb. 17, Barbara Harsha, executive director of GHSA, called on Congress to provide financial incentives to states which have strengthened teen driving laws and for the NHTSA to work on efforts to reduce distracted driving among teens and increase seat belt use.
A Pew Research Center study showed 43 percent of teens have talked on a cell phone while driving and 48 percent have been in a car with an operator who was texting while driving.
Related:
Product Recall: More than 10,000 Fuji Bicycles Recalled
The U.S. Consumer Product Safety Commission announced the recall this week of more than 10,000 defective bicycles after reports the product’s frame was breaking.
Fuji Saratoga Women’s Bicycles recalled about 10,500 bicycles sold nationwide from November 2007 through December 2011. The bicycles were recalled after the company became aware of 12 reports of bicycle frames breaking. There were two injuries reported, including a head laceration requiring 20 stitches.
The product’s defect is its frame was breaking in the center of the downtube during use, causing bicyclists to lose control and fall. Bicyclists are instructed to stop riding and seek a replacement bike frame.
About the recalled Fuji women’s cruisers bicycles:
- 2008 to 2010 models of Saratoga 1.0, Saratoga 2.0, Saratoga 3.0 and Saratoga 4.0. The model type will be printed on the bike.
- The bikes come in various colors.
- The bikes will have the words “Fuji” and “Saratoga” alone or “Saratoga” printed on the frame.
- Serial numbers beginning with ICFJ7, ICFJ8, ICFJ9, ICFJ10 and ICFJ11. The serial number is located on the bottom of the frame near the crank.
The defective products were imported by Advanced Sports, Inc. of Philadelphia and manufactured in China. They were sold at specialty bike shops.
Customers are instructed to obtain a free replacement frame. They can contact Advanced Sports Inc. toll-free at 888-286-6263 between 8 a.m. and 4:30 p.m. Monday through Friday or visit www.fujibikes.com. They can also return the bike to any authorized Fuji Bicycle dealer for the free part.
Click here for more information on this recall.
In a smaller recall, the Mountain Bicycle Handlebar Stem has been recalled in the U.S. and Canada. Some 213 units were recalled in the U.S. and 83 in Canada by the importer, Shimano American Corp. of Irvine, Calif. The defective bicycles were sold at REI stores nationwide from October 2009 to November 2010 for about $120.
The bicycles were recalled because the bolt holding the front plate of the stem to the stem body can be pulled out of the threads while the bike is being ridden, causing the rider to fall. There has been one report of a rider falling and sustaining torso and arm injuries. Click here for more information on this recall.
The Boston product liability lawyers at Breakstone, White & Gluck have over 80 years combined experience handling complex cases involving serious personal injuries, wrongful death and defective products. We have obtained clients compensation in cases involving defective motor vehicles, recalled medical devices and dangerous pharmaceuticals.
If you have been injured, it is important to learn your rights and how long you may have to file a claim. For a free legal consultation, contact us today at 800-379-1244 or 617-723-7676 or use our contact form.
Good News for Massachusetts Consumers: SJC Affirms Damages Remedies in Insurance Bad Faith Case
Last week the Massachusetts Supreme Judicial Court issued an important and strongly pro-consumer decision in the case of Rhodes v. AIG Domestic Claims, Inc., 461 Mass. 486 (2012). The decision erased uncertainties created by an Appeals Court decision in the same case (78 Mass. App. Ct. 518 (2010). The decision sends the message that insurance companies will have to pay when they do not treat consumers fairly. Attorney David W. White has written an in-depth summary, which you can read by on our website.
In this case, the plaintiff’s car was hit from behind by an 18-wheel truck. The impact fractured her spinal cord and left her paraplegic. She also suffered broken ribs. She brought claims, along with her husband and her children.
The claims management company was AIG Domestic Claims, Inc. (AIGDC). The company delayed making a settlement offer, then finally made a very low one. Another offer came during trial, this one only slightly better.
The plaintiff rejected all offers and secured an $11.3 million judgement at a trial in Superior Court in September 2004.
Defendant appealed, and AIGDC failed to pay the judgment until after a c. 93A letter was sent and suit was instituted in a second action for violations of c. 93A and c. 176D.
Plaintiff prevailed, but appealed when they were not awarded full damages based upon the judgment.
The Appeals Court affirmed in part, but did not find the proper measure of damages should be based upon the judgement. The SJC granted further appellate review.
The SJC reversed. Affirming its earlier decisions in Hopkins v. Liberty Mutual Ins. Co., 434 Mass. 556 (2001) and Bobick v. United States Fid. & Guar. Co., 349 Mass. 652 (2003), the court held that plaintiffs did not have to show how they would have answered a settlement offer, if it had come. Rather, the court stated, “[i]t has been and remains the rule that the plaintiffs need only prove that they suffered a loss, or an adverse consequence, due to the insurer’s failure to make a timely, reasonable offer; the plaintiffs need not speculate about what they would have done with a hypothetical offer that the insurers might have, but in fact did not, make on a timely basis.”
The court also affirmed the trial court’s findings that the underlying insurer, Zurich, was not liable for violations of c. 93A.
The court held that the underlying judgment of $11.3 million should be the basis of the c. 93A judgment, and that it should be doubled.
Read more about this decision on our website.
About Attorney David W. White and Breakstone, White & Gluck
Breakstone, White & Gluck is a Boston personal injury firm which represents clients who have been injured in car accidents, truck accidents and other accidents. We have decades of experience handling c. 93A claims including insurance bad faith claims in Massachusetts. We look forward to the opportunity to assist referring counsel and clients with their 93A and c. 176D claims.
Attorney David W. White is a partner at the firm and is a past president of the Massachusetts Bar Association. He writes on cases involving c. 93A and c. 176D and is recognized on an expert in Massachusetts insurance laws. He frequently lectures on the insurance matters for Massachusetts Continuing Legal Education. Attorney White is a past president of the Massachusetts Bar Association.
Massachusetts Car Accident Insurance: What Coverage Do You Need?
Buying car insurance in Massachusetts can seem complicated, with various types of coverages and state laws which have changed in recent years. The state requires all drivers to carry some level of insurance, but in 2008, drivers gained new buying options as Massachusetts moved away from a highly regulated industry to managed competition. At the same time, insurers have started changing their policies, so not all companies use the standard Massachusetts policy.
In the past, the state had set rates. But under “managed competition,” each insurance company can set its own price and compete for consumers’ business.
If you are a Massachusetts driver, you should shop around to obtain the best rates while still buying adequate insurance to protect yourself in a car accident. Here, the Boston car accident lawyers at Breakstone, White & Gluck offer some tips on what to consider before purchasing auto insurance for you and your family:
Compulsory Coverage
Massachusetts requires drivers to buy basic car insurance coverage, including:
- Bodily Injury to Others: $20,000 per person, $40,000 per accident
- Personal Injury Protection: $8,000 for medical bills and lost wages
- Bodily Injury from an Uninsured Driver: $20,000 per person and $40,000 per accident
- Damage to Another Person’s Property: $5,000
Optional Coverage
The compulsory coverage provides insufficient protection for car accidents. These other insurances offer additional protection.
- Bodily Injury: You can buy up to $500,000 per person per accident. If you cause a serious motor vehicle accident, this protects you from claims against your personal property.
- Underinsured Auto: You could be injured by another driver who does not have car insurance. You can protect yourself by purchasing up to $500,000 in coverage per person per car accident.
- Medical Payments: This coverage pays for medical expenses that exceed your $8,000 PIP coverage. You can obtain an extra $10,000 in coverage for a small cost.
- Collision Comprehensive. This coverage pays for damages to your vehicle in a car accident. This coverage is paid by the policy of the driver found to be at fault. Many people choose a high deductible to save money on their policy price, but this can cost you far more if you caused a car accident and have to pay a deductible for your own vehicle.
Click here for information on auto discounts and how to get additional insurance coverage through your homeowners’ insurance policy.
Related Blogs, Articles and Websites