Posts Tagged ‘“personal injury”’
Products Recalled to Protect Children
The U.S. Consumer Product Safety Commission (CPSC) and two companies have issued widespread recalls of defective products that pose a safety hazard to children.
In the first case, Lowe’s has recalled 11 million Roman shades and roll-up blinds. The move is part of a farther-reaching recall that began in December 2009 and has so far involved 25 retailers. Lowe’s sold the largest number of blinds and shades, followed by Ikea. Walmart, JCPenney, Ethan Allen and Jo-Anne Fabric and Craft Stores also sold significant quantities.
The Roman shades and blinds were sold between 1999 and January 2005. Both products can cause strangulation because a child playing could become entangled in the cords and the fabric or plastic blinds.
The recall began after the CPSC learned about two incidents of children who became entangled in the Roman shade’s cord. Neither suffered personal injury. But after the recall was initiated, another 4-year-old boy did suffer personal injury, including rope burn to his neck after getting caught in the cord.
No incidents of personal injury have been reported for the roll-up blinds from this particular store.
Consumers should stop using the shades and contact the Window Covering Safety Council for free repair kits at 800-506-4636.
The CPSC has received five reports of wrongful deaths and 16 near strangulations in Roman shades since 2006. It has received three reports of accidents leading to deaths in roll-up blinds since 2001. The commission recommends consumers use cordless blinds and shades in homes where children visit. If your blinds and shades have cords, keep them inaccessible and install tension devices.
The other product recalled was The First Years American Red Cross Cabinet Swing Locks. About 41,300 locks were sold at Toys R Us, Babies R Us and other retailers.
The locks were designed to keep children from accessing cabinets.
But The First Years company received seven reports of latches breaking. Consumers should stop using the locks immediately and contact the company to obtain a coupon toward purchase of another product. Visit this link for more information.
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Massachusetts Lawyer Alert: A SJC Ruling on Admissibility of Medical Expenses
An important Supreme Judicial Court decision this week affirmed the statutory right for admitting medical bills in Massachusetts courts, but opened the door for rebuttal.
In Law v. Griffith, SJC-10463 (July 20, 2010), Massachusetts’ highest court ruled on a Middlesex Superior Court case involving G.L. c. 233, Sec. 79G. The Supreme Judicial Court affirmed an earlier opinion of the Appeals Court, reversed a Superior Court judge and ordered a new trial in a case where the judge improperly restricted evidence of medical expenses.
The high court’s decision provides a window for attorneys to ask judges to tender jury instructions on medical liens.
Read the case and analysis from Breakstone, White & Gluck here.
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Massachusetts Law Will Ban Text Messaging While Driving
Welcome news today as the Massachusetts Legislature has finally agreed on a new law that will make it illegal to text while driving. Once the bill is signed by the Governor, Massachusetts will be in line with twenty-eight other states that have already outlawed text messaging while driving.
This law comes in the wake of several tragic text message-based accidents. In May 2009, 62 people suffered personal injury after a Massachusetts Bay Transportation Authority trolley collided with another trolley because the driver was texting his girlfriend. In September 2008, a California commuter train engineer missed a stop signal while trading texts with a friend, leading to a train accident resulting in the wrongful death of 25 people. In addition, there have been several high profile motor vehicle wrongful death cases in recent memory which were caused by inattentive drivers who were texting as they drove.
The law has several other public safety improvements. The new law will require that older drivers renew their licenses in person and take an eye exam every five years beginning at age 75. Older drivers were involved in several serious car accidents in 2009 in Massachusetts. Further, the law will forbid anyone under the age of 18 from using a cell phone while driving.
Boston personal injury attorney David White said of the new law, “Distracted driving is a serious safety problem. The use of cell phones and text messaging are two of the biggest distractions for drivers. These new provisions will vastly increase the safety of Massachusetts roadways.”
A recent study found that texting while driving makes a person twenty times more likely to get into a car crash or near-crash. The problem is most severe for inexperienced drivers. It is hoped that this new law will raise awareness to this growing epidemic of serious personal injuries caused by careless texting motorists.
If You Have Been Injured By a Careless Driver
Breakstone, White & Gluck has successfully represented hundreds of victims of careless and inattentive motorists, including bicycle accident victims, truck and train accident victims and car accident victims. Our firm remains committed to all efforts by the legislature and law enforcement agencies to raise awareness to the serious risk of injury caused by careless motorists. If we can help you or a family member with your claim for serious injuries, we would welcome the opportunity to evaluate and handle your claim. Contact us toll-free for a free consultation. 800-379-1244.
Massachusetts Bicyclists Can Protect Themselves With Car Insurance
If you’re a bicyclist, you know safety’s first. Knowing the rules of the road and riding defensively are the best ways to protect yourself from harm. But you must also think finances in case of personal injury. Between lost wages and medical costs, the bills can add up fast. Even if a motorist’s involved, their car insurance may not cover all your expenses.
There’s good news. You can protect yourself financially in a bike accident with a few changes to your own car insurance. The two smartest things a cyclist can do are:
- Purchase adequate amounts of Underinsured and Uninsured Motorist coverage
- Purchase adequate Medical Payments coverage
These coverages are affordable. In fact, you can access up to $100,000 of Medical Payments coverage for just $71! Read on as Boston personal injury lawyer David White shares his advice to cyclists for keeping safe and protecting their wallets.
Click here for full article.
Lettuce Recall Affects 23 States, Including Massachusetts
Another recent recall of fresh produce highlights the importance of safe food handling and rinsing even pre-washed produce. Freshway Foods of Ohio has announced a voluntary recall of romaine lettuce after reports of food borne illnesses from possible E.coli contamination. The New York State Public Health Laboratory found E.coli 0145 in an unopened recalled bag of shredded romaine. Products affected include bags of shredded romaine lettuce with “best if used by” dates prior to May 12; bags with “best if used by” dates of after May 12 are not affected. Freshway Foods sold the recalled products to wholesalers, food service outlets and some in-store deli and salad bars in Alabama, Connecticut, Washington DC, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia, and Wisconsin. Although these products are now off the shelves, consumers should make sure they throw away any remaining products in their homes.
Nineteen cases of illness resulting from E.coli 0145 have been reported from Michigan, New York, and Ohio; twelve of these cases required hospitalization. Symptoms of foodborne illness caused by E.coli can range from nothing to acute stomach cramps and diarrhea to kidney damage. Three of the reported cases involved a life threatening complication called hemolytic uremic syndrome which causes blocked circulation or bleeding in the brain or kidneys. People experiencing a diarrheal illness with high fever, bloody stool, prolonged vomiting that could cause dehydration, symptoms of dehydration, or if the diarrheal illness lasts longer than three days should seek medical attention.
How to Protect Yourself
Consumers can protect themselves from foodborne illness by taking simple precautions. Cook meat and eggs thoroughly, using an internal thermometer. Avoid cross contamination by keeping raw meat and eggs away from vegetables and cooked foods and washing all surfaces that come into contact with raw products thoroughly. Chill leftovers promptly if they are not going to be eaten within four hours. Handle produce with clean hands and always rinse produce, even produce that has been pre-washed, and remove the outer leaves of lettuce and cabbage. Finally, report incidents of foodborne illness to your local health department.
For more information on this specific recall, read this article on Time.com. For more information about foodborne illnesses in general, see the CDC web pages on food safety. For more information on E.coli specifically, see the CDC’s web page on E.coli.
Massachusetts Safety Tips for Enjoying the Warm Weather
As it finally cracks 50 degrees and Massachusetts residents get their first taste of spring, everyone is heading outside. Enjoy the nice weather tending to the yard and pedaling your bike, but don’t forget to avoid personal injuries. Here are some ways you and your family can avoid personal injuries:
On a hot humid Boston day, a swimming pool can be an oasis. However, swimming pools can be hazardous for young children. Adults should keep a close eye on children, whether in or near the water. Home pools should be surrounded by a fence that is at least 5 five feet high and self latches. When not in use, the pool fence should be locked. Keep the area around the pool free of clutter that can cause someone to trip. Poolside rescue equipment- such as 10-12 foot rescue pole and a ring buoy with line-should be kept close by. Keep a life vest close by and outfit all poor swimmers with a life vest. Be aware that the suction from pool drains can entrap swimmers underwater. Finally, keep pool chemicals in a safe place, out of reach of children.
Lawnmower Safety
Lawnmower safety starts with the proper shoes. Although it feels great to slip into sandals after months in boots, always wear sturdy shoes when operating a lawnmower along with eye and hearing protection. The next rule of lawnmower safety is to survey the yard for sticks, stones, and other objects that can go flying when struck by a lawnmower blade. Use a mower that will stop moving forward and will stop the blades’ movement if the handle is released. Wait for the blades to stop before crossing a street or trying to remove the grass catcher or discharge chute. Start and refuel motors outside on the yard, rather than in the garage. Finally, never let children under 12 operate a handheld mower or under 16 operate a ride-on mower.
Bicycle Safety
Adults and children alike should wear helmets when riding bikes. Helmets prevent serious injuries and can keep a bike accident from being a fatal accident. Helmets should be worn level on the head with the chin strap secured so the helmet cannot move. Also, when purchasing a bike for your child, make sure the bike is the right size for the child. An oversized bike can be hard to control and dangerous.
Playground Safety
Anyone who has ever fallen off a slide or slipped off the monkey bars knows there are significant risks for personal injuries at the playground. Always keep a watchful eye on children. If putting together playground equipment, make sure the equipment is assembled according to instructions and weighted to the ground. Periodically check for loose, rusted, or sharp pieces. Install safety padding, mats, or soft fill material beneath playground equipment, extending out six feet on all sides. Do not allow children to attach ropes to the playground equipment to avoid strangulation hazards and accidents if the rope comes loose. Make sure walls and fences are at least six feet away from all playground equipment.
For more tips on keeping your family safe this spring and summer, see the following websites:
Home Safety Council (Pool Safety)
US Consumer Product Safety Commission (Pool Safety)
Department of Transportation (Bike Safety)
HealthyChildren.Org (Lawnmover Safety)
Massachusetts Appeals Court Affirms Broad Evidentiary Rules for Admissibility of Medical Reports
The Massachusetts Appeals Court has affirmed the broad admissibility of certified medical reports under M.G.L. c. 233, § 79G. The case, O’Malley v. Soske, Appeals Court No. 09-P-315, (March 31, 2010), is an important reminder of the intent of the legislature when the statute was amended in 1988. In short, in any proceeding commenced in any court, commission or agency, the judge should admit properly certified medical reports.
The plaintiff was injured in a car accident in Boston. She claimed that she suffered neck and back injuries, and required surgery. The defendant contested the nature of the injuries.
The court upheld the admission into evidence of the report of Dr. Lupien, an orthopedic surgeon, who is usually identified as a defense expert, who had examined the plaintiff for the defendant. His opinion was that the accident had not caused serious trauma. The plaintiff lost at trial on the issue of medical causation and her lawyer appealed. The Appeals Court affirmed the judgment.
For a complete analysis of this case, please see the Practice Alert on our website.
Ex-NYC Chief Crane Inspector Put Lives in Danger by Accepting Bribes
James Delayo, the former chief crane inspector for New York City, has plead guilty to accepting more than $10,000 in bribes to fake inspections and crane operator licensing test results. Delayo has admitted to accepting bribes between 2002 and 2008 to file paperwork indicating that a Long Island-based crane company had passed inspections that never happened and to say an employee passed a licensing exam never taken. For these and other favors, Delayo received from $200 to $3000 in individual payoffs. An official and employee with the involved Long Island crane company, Nu-Way Crane Service, have plead not guilty to bribery and record tampering. Delayo is currently out on bail until his sentencing on May 4th. His plea deal calls for two to six years in prison.
Delayo was arrested back in 2008 after the second of two serious construction accidents caused by massive cranes collapsing. The accidents caused the wrongful deaths of nine people. Authorities said at the time that Delayo’s case was one in a series of cases against builders and inspectors accused of accepting tainted money. Consistent with that claim, Delayo is not the only person in trouble after the 2008 crane collapses. A crane rigging contractor has been charged with manslaughter for one collapse and a crane owner and former mechanic have been charged with manslaughter for the other collapse. Since the 2008 accidents, New York City building officials have made changes to crane training requirements and exam procedures for some operators. Additionally, some inspections are now performed by a national group.
To see additional coverage of this story, see this Boston Globe article.
Big Dig Handrails Under Scrutiny After Massachusetts Drivers’ Deaths
Lawmakers and individuals are calling for change after seven deadly Big Dig crashes have been linked to handrails in the tunnels. State Senate President Therese Murphy has requested that the Department of Transportation, which overseas the tunnel system, review the handrails’ design and safety. Between 2004 and 2008, seven of the nine fatal accidents in the Big Dig were the result of vehicles hitting the handrails. Most crash victims were dismembered. The handrails line about six miles of the Big Dig on elevated walkways and are designed to prevent workers from tumbling into traffic.
The handrails are also the subject of litigation in Suffolk Superior Court. The widow of State Trooper Vincent Cila, who was killed after hitting a handrail post while on a motorcycle in 2005, has filed a wrongful death suit against multiple parties, including the state Turnpike Authority. The defendants assert that the handrails meet all applicable safety standards and regulations.
Despite assertions to the handrails’ safety, relatives and friends of crash victims are calling for the handrail design to be changed. Experts consulted by the Boston Globe said that the handrails are flawed. The horizontal rails are spaced far apart, allowing motorists to become entangled, and the rails are only three feet above the road, at head level. However, handrail design may not be solely to blame for the grisly crashes. Many of the drivers killed were speeding or not wearing seatbelts.
For assistance with a motor vehicle accident, truck accident, or wrongful death case, please contact the attorneys at the Boston law firm of Breakstone, White and Gluck. The lawyers have over 80 years of experience with litigating in state and federal court, at the trial and appellate level. To consult with an experienced attorney, call 800 379 1244 or visit the firm’s website.
AstraZeneca Facing Over 25,000 Lawsuits–Antipsychotic Drug Claimed to Cause Diabetes
AstraZeneca is preparing for a products liability trial next week over claims that their antipsychotic medication Seroquel causes diabetes. About 26,000 lawsuits have been filed against the drugmaker, with one of many trials set for February 16th in New Jersey. That trial will be the first of thousands filed in New Jersey alone. Seroquel is the UK-based drugmaker’s second most popular drug after Nexium, the well known heartburn relief medication, and is used to treat bipolar disorder and depression. AstraZeneca claims that the plaintiffs’ evidence is insufficient to show that the drug was responsible for their alleged personal injuries.
In January, U.S. District Judge Anne Conway, who is overseeing all federal Seroquel litigation, ordered the parties to attend mediation. The parties were unable to reach a settlement agreement after two days of talks. The mediator, George Washington University Law Professor Stephen Saltzberg, said he expects further settlement negotiations to occur. Judge Conway, who sits in Florida, has said that she will ask a panel of judges to return the 6,000 consolidated cases scheduled to come before her to their resident states, adding to the litigation headache.
Seroquel was introduced in 1997 and has long been linked to weight gain and diabetes. The plaintiffs are claiming that AstraZeneca downplayed the risk of diabetes, cherry-picked positive trial results, and buried negative results. Documents discovered in 2009 appear to substantiate the plaintiffs’ claims. As early as 1997, emails between AstraZeneca officials reveal that the drugmaker hid negative trial results from US and Canadian investigators. AstraZeneca is not the first antipsychotic drugmaker to be hit with claims that its medication causes diabetes. In 2009, Zyprexra-maker Eli Lilly agreed to pay at least $1.2 billion to similar settle lawsuits filed by about 31,000 patients.
For more information on Seroquel side effects, see the Seroquel website. The Alliance for Human Research Protection has a collection of articles on the Seroquel product liability litigation.
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