Posts by Breakstone, White & Gluck
Bike Helmet Donations in Worcester and Lexington
This spring, Breakstone, White & Gluck donated bike helmets to children in several Massachusetts communities, including Boston, Arlington, Framingham, Westborough, Worcester and Lexington. We write about two events here.
Worcester Earn-a-Bike. On May 31, attorney David White pitched in at the Worcester Earn-a-Bike’s 4th Annual Kids Bike Sale. Worcester Earn-a-Bike is a community program which teaches fun and affordable bike repair to neighborhood youth and community members. It operates a bike shop which repaired many of the bikes on sale.
At the sale, families got to purchase refurbished bikes for children for just $5! We donated helmets to children who needed one at the sale. Visit the Worcester Earn-a-Bike website to learn more about their work.
Friends of Lexington Bikeways. On May 24, we donated bike helmets to children through the Friends of Lexington Bikeways and Discovery Day in Lexington.
If you live in Lexington, you are probably familiar with the Friends, who work to preserve and maintain the Minuteman Commuter Bikeway and other shared use paths. They work closely with the Lexington Bicycle Advisory Committee and each winter, they clear the bikeway of snow for cyclists, cross country skiers and others.
By the way, congratulations to the Friends, the Lexington Bicycle Advisory Committee and the Town of Lexington!
In May, the League of American Bicyclists recognized Lexington as a Bronze Level Bicycle Friendly Community. The League has recognized 303 bicycle friendly communities in the U.S. Massachusetts now has seven communities on the list, including Lexington, Boston, Cambridge, Somerville, Newton, Arlington and Northampton.
Lexington’s application was coordinated by Bicycle Advisory Committee chair Peggy Enders, who also coordinated our donation to the Friends of Lexington Bikeways. Read what she told the Lexington Patch about town’s new recognition.
Visit the Friends of Lexington Bikeways’ website to learn more about their work.
Motorcycle Safety Awareness Month: Safety Reminders and Our Experience Representing Injured Riders
Before June begins, we have a final thought for May, which was Motorcycle Safety Awareness Month.
Motorcycle use continues to grow in the U.S. but so do motorcycle accidents. For 15 years now, we have seen an annual increase in motorcyclist fatalities, according to the National Highway Traffic Safety Administration (NHTSA). The one exception was 2009. When motorcyclists survive, they are also suffering more non-fatal injuries. In 2012, 93,000 motorcycling injuries were reported, 12,000 more injuries than in 2011.
A few safety reminders for drivers:
- Remember motorcyclists have all the same rights, privileges and responsibilities as other motorists.
- Allow motorcyclists a full lane width.
- Give motorcyclists extra following distance when you are behind them.
- Before you switch lanes, always check your vehicle’s mirrors and your blind spot for motorcyclists.
- Make sure you signal your intention to change lanes or merge with traffic.
- Do not rely on a motorcyclist’s flashing turn signal. The rider may have forgotten to turn it off or it may not be self-cancelling.
A few safety reminders for motorcyclists:
- Remember to wear your helmet and do not let any passengers ride without one. In 2012, overall motorcycle helmet use fell to 60 percent. Passenger helmet use dropped to 46 percent.
- Wear reflective tape whenever possible.
- Do not consume alcohol when you are operating.
- Obey traffic laws. You must have a special license to operate a motorcycle in Massachusetts and that is important. Some 24 percent of all riders who are involved in fatal motorcycle crashes are operating with invalid licenses.
Our Experience Representing Injured Riders
The Boston personal injury lawyers at Breakstone, White & Gluck have over 100 years combined experience handling automobile and motorcycle accident cases.
Read about one case attorney Ronald Gluck handled for an injured motorcyclist. Gluck’s client was seriously injured when a negligent driver cut into his lane and struck his motorcycle. He suffered numerous injuries, including facial fractures, concussions, blindness in one eye and a shoulder injury and had to undergo surgeries. Gluck negotiated a $3.75 million settlement.
Read about the case on our website.
Read the client’s review on Avvo or below.
Contact Breakstone, White & Gluck in Boston
If you have been injured in a motorcycle accident, it is important to access immediate medical treatment. Then learn your rights for seeking compensation. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
General Motors’ $35 Million Fine Starts Years of Investigations, Wrongful Death Lawsuits
General Motors (GM) has been fined $35 million for waiting a decade to recall vehicles with faulty ignition switches. The defects have now been linked to 13 deaths.
Attorney David White of Breakstone, White & Gluck appeared on Fox 25 TV in Boston last week to discuss the fine, GM’s recent bankruptcy proceedings and his thoughts about handling recall notices.
This is an important topic because we have seen many auto recalls in recent years, but 2014 may set the record, according to this Los Angeles Times article.
White said the fine is the first step in a long process ahead.
“Really this is just a slap on the wrist for the corporation,” White said. “It’s a civil fine. It’s the maximum civil fine that they could be exposed to at this point, but GM is looking at years of investigation and probably… maybe even billions of dollars of fines down the road.”
The federal government is sending a strong message that companies need to act within 5 days of learning of safety defects, as required by law, White said.
“Hopefully other automakers get this message and they tune into the need for greater safety, greater attention to safety,” he said. “When they do find a defect, they come right out and say here’s our defect, here’s our concern so consumers can get notice of it promptly and get it fixed.”
Read More
Unsafe Magnet Toys Buckyballs are Finally Recalled
We have written in the past about Buckyballs, a dangerous magnetic desk toy which has injured too many children. Last week came another development, which we hope finally removes this unsafe product from circulation.
On May 12, the U.S. Consumer Product Safety Commission (CPSC) announced a voluntary recall for all Buckyballs and Buckycubes. The recall settles an administrative case filed by the CPSC in July 2012. As part of this, Craig Zucker, the former chief executive officer of Maxfield & Oberton Holdings, agreed to establish a Recall Trust. Consumers will be able to request a refund from this fund, which will be controlled by the CPSC. The agency also urges the public to stop using these defective products immediately and look for loose pieces.
Maxfield & Oberton Holdings began selling Buckyballs in 2009. The company said the magnetic desk toy was intended for adults. The problem is if a child starts playing with the tiny magnets, they can swallow them. The magnets can attract inside a child and cause painful intestinal injuries. Surgery is often required and there can be serious longstanding health consequences, such as children having to consume food through a feeding tube.
The CPSC first worked with the company to improve warning labels. The products were marketed for children “Ages 13+” and the CPSC said they should have been marketed for age 14 and up. The company agreed to recall 175,000 magnetic toys and made the change. But the injuries continued. In July 2012, the CPSC filed a lawsuit asking the company to stop sales altogether, a rare legal action the agency has only taken four times in 11 years. The agency alleged that Buckyballs and Buckycubes contained, “a defect in the design, packaging, warnings and instructions, which pose a substantial risk of injury to the public.”
Maxfield & Oberton refused to recall Buckyballs and Buckycubes and in December 2012, the company went out of business. But it was vocal about disagreeing with the CPSC and posted this message on its website:
“Due to baseless and relentless legal badgering by a certain four letter government agency, it’s time to bid a fond farewell to the world’s most popular adult desk toys, Buckyballs and Buckycubes. That’s right: We’re sad to say that Balls & Cubes have a one-way ticket to the Land-of-Awesome-Stuff-You-Should-Have-Bought-When-You-Had-the-Chance.”
In April 2013, six retailers voluntarily recalled Buckyballs and Buckycubes while the CPSC kept trying to raise awareness about the dangers of Buckyballs and other magnetic toys. It established the Magnet Information Center as a consumer resource. Between 2009 and 2011, the CPSC estimates there were 1,700 ER-treated magnet ingestion cases related to high-powered magnet sets.
Zucker will have to eventually fund a website, where consumers can apply for a refund.
Related:
Buckyballs and Buckycubes High-Powered Magnet Sets Recalled Due to Ingestion Hazard; Craig Zucker To Fund A Recall Trust, Settles With CPSC, Consumer Product Safety Commission.
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Nearly 50 Massachusetts Workers Lost Their Lives on the Job in 2013
A new report shares hard numbers for Massachusetts workers. In 2013, 50,000 workers were seriously injured on the job and 48 others were killed in workplace accidents. An estimated 480 workers also died from occupational disease, such as cancer from workplace exposure to hazardous materials.
The 2014 “Dying for Work in Massachusetts” report has been released by the Massachusetts Coalition for Occupational Safety and Health (MassCOSH) and the Massachusetts AFL-CIO, which organize the annual Workers’ Safety Memorial Day. On April 28, workers, families of victims, advocates and state officials gathered at the Massachusetts State House for the 26th annual observance.
48 Workers Killed in 2013. The construction industry remains one of the most dangerous, with 11 workers killed in construction accidents in 2013. Workplace falls killed nine workers, causing one-fifth of all occupational fatalities in Massachusetts. Nine other Massachusetts workers were killed by machines and equipment. Workplace violence took the lives of five more workers, including a teacher, a police officer, a livery driver and two store workers.
Commercial fishing accidents killed two fishermen. MassCOSH considers this to be the most dangerous single occupation in Massachusetts. Since 2000, 60 people have died in this work.
The figure also includes nine firefighters who were killed by work-related cancers and heart disease and three servicemen who died in the War in Afghanistan.
Occupational Disease. MassCOSH reports on occupational disease which can develop after an employee is exposed to hazardous materials and dangerous dust. Because symptoms do not immediately present, some conditions are left untreated. Statewide, 480 workers died from occupational disease last year, while another 1,800 were diagnosed with cancers for the first time.
Immigrant Workers. More immigrants died at work last year. In 2012, nine percent of on-the-job deaths were immigrants. In 2013, this figure increased to 19 percent – or nine workers. MassCOSH reports the state’s immigrant workers come from all over the world, including Sir Lanka, El Salvador, India, Angola, Vietnam, Ireland, Cape Verde and Algeria.
Older Workers Face Greater Risk. Workers over age 40 were also at greater risk. The average age of workers who died was 49. The majority – 56 percent – were age 50 or older. Workers over age 60 accounted for 17 percent workplace deaths and construction accident deaths.
OSHA Would Need 123 Years to Fully Investigate in Massachusetts. MassCOSH says OSHA lacks proper funding to investigate and with current resources, would need over 123 years to investigate every Massachusetts workplace under its jurisdiction.
Fines Are Too Small. MassCOSH says fines do little to deter companies from taking safety risks. In 2013, OSHA investigated the deaths of four workers in Massachusetts. All but one settled for $10,000 or less, with an average fine of $6,577.
Related Resources
To learn more, read the MassCOSH annual report, “Dying for Work in Massachusetts: The Loss of Life and Limb in Massachusetts Workplaces.” Page 9 is an “In Memoriam” tribute to the workers who died in 2013.
About Breakstone, White & Gluck
The Boston injury lawyers at Breakstone, White & Gluck support MassCOSH in its work to strengthen laws for worker safety. Our attorneys have over 100 years combined experience representing injured individuals in Massachusetts, including those who have been seriously injured or killed in construction accidents. If you or a loved one have been injured, it is important to learn your rights. For a free legal consultation, contact us at 800-379-1277 or 617-723-7676 or use our contact form.
Breakstone, White & Gluck Donates 100 Bike Helmets, Partners with the Westborough Bicycle and Pedestrian Advisory Committee
Cycling safety became a fun lesson in Westborough last weekend, as 100 children learned a few basics about the road and got to take home new bike helmets.
The Westborough Bicycle and Pedestrian Advisory Committee and attorney David White handed out the bike helmets on Saturday at the Westborough Spring Festival and the Boroughs Family Branch of the YMCA of Central Massachusetts.
Breakstone, White & Gluck donated the helmets and will donate more at several other events in the Boston area this year. Our goal is to encourage bike helmet use to reduce the risk of head injury among children. This is the second year we have donated bike helmets to children and our first year working with the Westborough community.
“It was a pleasure to work with the Westborough Bicycle and Pedestrian Advisory Committee, the Westborough Rotary, and the Boroughs Family Branch of the YMCA of Central Massachusetts,” attorney David White said. “We were able to quickly fit 125 bicycle helmets on young kids–and an occasional parent too!”
Each year, 26,000 children and adolescents sustain traumatic brain injuries related to cycling and are treated in U.S. hospital emergency rooms. In 2010, children and teenagers under the age of 20 accounted for about half of all 515,000 bicycle-related injuries in the U.S.
The Westborough Bicycle and Pedestrian Advisory Committee’s mission is to explore ways Westborough can become safer for pedestrians and cyclists, work to develop a rail trail along an old trolley line in town and advise the Board of Selectmen on roadway safety issues and preventing bicycle accidents. In addition, the committee is working to encourage private and community investment in bike racks and signage.
Photos: Top: Bruce Tretter and members of the Westborough Bicycle and Pedestrian Advisory Committee and attorney David White of Breakstone, White & Gluck at the Westborough Spring Festival. Bottom: Attorney David White at the Boroughs Family Branch of the YMCA of Central Massachusetts.
Visit our Bike Safety Outreach page to learn more about our bike helmet donation events.
22 Years and Counting!
Founded in May 1992, Breakstone, White & Gluck celebrates its 22nd anniversary this week. Our law firm has been guided by a commitment to provide consistently excellent representation to individuals and families who have been seriously harmed by the negligence of others. We feel honored to help our clients not only obtain full and fair financial compensation, but also the best possible medical and personal end-results. We are grateful to the innumerable referring attorneys who have entrusted their clients’ cases to us. We are thankful to our own families for their love and support. We look forward to continuing to serve our community and our clients in the future. Thank you.
Breakstone, White & Gluck Participates in Framingham Earth Day, Donates 150 Bicycle Helmets to Children
Our attorneys partnered with the Framingham Bicycle and Pedestrian Advisory Committee to bring helmets to the community.
Photo from left to right: Officer Garret Coffin, Det. David Loureiro, attorney David White of Breakstone, White & Gluck, and Ed Kross, member of the Framingham Bicycle and Pedestrian Advisory Committee
Crowds packed the Framingham High School gym for the fourth annual Framingham Earth Day Festival on Saturday. There were 70 vendors offering products and services related to promoting an environmentally-friendly lifestyle. Breakstone, White & Gluck participated by donating 150 bike helmets to help children ride safely.
Breakstone, White & Gluck worked with the Framingham Bicycle and Pedestrian Advisory Committee to coordinate the donation. Attorney David White participated in the event, along with Bill Hanson, chair of the advisory committee and committee members Ed Kross, Stacy Lee and Ben Gustafson. Police Officer Garret Coffin and Detective David Loureiro of the Framingham Police Department also helped distribute the helmets.
Breakstone, White & Gluck, a Boston personal injury law firm, is donating bike helmets to children through a number of cycling organizations this year. This is the second year we have made these donations. Our goal is to provide local children access to bike helmets which properly fit to reduce the risk of head injuries.
Of all cyclists, children are most at risk for injury. According to the Centers for Disease Control and Prevention, each year, children ages 5-14 and young adults ages 15-24 have the highest rates of non-fatal bicycle related injuries. They account for 60 percent of all bike-related injuries seen in U.S. hospital emergency rooms.
We offer several cycling safety resources on our website. Visit www.bwglaw.com/project-kidsafe/ for information on a cyclist’s rights and responsibilities under Massachusetts law.
We have also written an article about how cyclists can protect themselves by purchasing extra coverage on their car insurance policy.
Boston Bikes’ Roll It Forward Program Kicks Off A New Season of Helping Children Ride Safely
The Boston Bikes’ Roll It Forward program has kicked off another season of important and fun work. On Tuesday, Roll It Forward gave away 59 refurbished bikes to children ages 5-7 who needed one. The donation was part of “Bike Day” at the West Broadway housing development in South Boston and is one of many Boston Bikes will organize this year.
Children at the housing development were asked in advance if they wanted to receive a bike. On Tuesday, they waited in line, got to choose a new bike helmet, and then were presented with a bicycle refurbished just for them. They also got to meet Boston Mayor Martin Walsh, who helped hand out bikes and played basketball with the kids.
From there, the children got to practice on an obstacle course with help from volunteers, as their parents, grandparents and friends cheered them along. There was plenty of activity for other cyclists too. Boston Bikes was selling $5 subsidized memberships for the Hubway bike share program and provided free safety inspections for 31 cyclists. Another 10 residents used the event to give back, by donating their own bikes to help Roll It Forward.
Photo: Attorney David White shown volunteering for the Boston Bikes’ Roll It Forward event on April 22, 2014. He helped children select bike helmets and made sure they properly fit.
Breakstone, White & Gluck is in its second year of supporting Boston Bikes’ Roll It Forward. This year, we are donating bike helmets for children, along with bike locks and bike lights. Cyclists are required to use bike lights if they cycle at night (defined under the law as thirty minutes after sunset until thirty minutes before sunrise).
“We are so happy to support Boston Bikes,” attorney David White said. “The program does an amazing job gathering, fixing, and giving away the bicycles. The kids know this is a special event and they really pay attention, including to when we explain the importance of always wearing a bike helmet to help prevent head injury.”
Photo: Boston Mayor Martin J. Walsh with Nicole Freedman, Director of Boston Bikes, Jenny Duquette, community programs manager, and Boston Bikes staff and volunteers, including attorney David White. April 22, 2014.
About Breakstone, White & Gluck
Breakstone, White & Gluck, a Boston personal injury law firm, is pleased to partner with Boston Bikes. Our attorneys encourage all cyclists to wear bike helmets to reduce the risk of serious head injuries while riding. According to the Centers for Disease Control and Prevention, bicyclists face a higher risk of crash-related injuries than drivers and occupants of motor vehicles. Children ages 5-14 and young adults ages 15-24 account for 60 percent of all bike-related injuries seen in U.S. hospital emergency rooms.
In 2013, we were proud to donate over 1,000 bike helmets to children in the Boston area. We are donating even more helmets this year. To learn more about our bicycle safety outreach, visit www.bwglaw.com/project-kidsafe/. We also invite you to follow our Facebook page.
Amazing Kids Learn Important Cycling Skills at iCan Shine Camp in Arlington
This blog is about a special bicycle camp that is being held in Arlington this week. Breakstone, White & Gluck was happy to donate bike helmets to support the iCan Shine Bike Camp, which fills a very important need and teaches children with disabilities how to ride bicycles. Please read about the camp, its organizer Nina Fischer and all the energetic and skilled instructors and volunteers.
This April school vacation was not a traditional break for two dozen children in Arlington. These children with disabilities spent their time off hard at work, learning how to ride bicycles at the iCan Shine Bike Camp at the Ottoson Middle School.
Children with disabilities do not have as many options for learning to ride and it is especially important in communities near Boston where cycling is so popular, said Nina Fischer, the camp’s organizer. Fischer tried to get her daughter who has cerebral palsy into bike camps for three years (including one as far away as New Jersey) before being approached to organize an iCan Shine Bike Camp locally. iCan Shine is a national non-profit organization which teaches children with disabilities how to ride bicycles. Each year, it hosts nearly 100 camps in 32 states.
Fischer said the children come ready to learn from professional instructors from the iCan Shine national organization. Add in supportive parents and volunteers who agree to guide the children on bikes five days in a row, and the combination all proves very successful.
“This is a skill they have for life,” Fischer said. “Most of these kids don’t have to come back.”
Breakstone, White & Gluck donated the bike helmets for the camp and attorney Marc Breakstone attended and got to meet the young cyclists. He said, “We are so pleased to give helmets to these courageous kids to help make sure that they ride safely.”
Fischer organized the first Arlington camp last year and her daughter participated. But this year, her daughter decided she had learned enough not to come back.
“That’s what is great,” Fischer said. “Once you have it, you pretty much have it down.”
But she added, “I’m totally hooked. I can’t imagine not doing it. Someone has to do it.”
According to the national organization’s website, about 80 percent of the children can successfully ride bikes independently by the end of the five-day camp. Nationwide, about 35 percent of the participants have Down Syndrome, 35 percent are on the Autism Spectrum and the rest have other diagnosis, Fischer said.
We attended on Tandem Tuesday, when the national instructors gave each child a turn riding on the front of the tandem bike. An instructor sat on the back seat to assess the child’s steering ability and strength.
We also got to see the children make their way around the school gym with the specialized adaptive rear wheel equipment. These wheels are developed from research by Dr. Richard Klein at the University of Illinois. They are now made by his company Rainbow Trainers, Inc.
To help the children learn cycling, over the course of a few hours, the iCan Shine instructors change the strength of the bicycle rear tires up to 8 or 10 times. The children are not supposed to know about the change and are encouraged to get a cup of water or take a short break while the change happens.
While using these special rear wheels, children are riding bikes provided by the national iCan Shine organization. These bikes have no brakes. The children rely solely on their own steering and the volunteers to guide them.
By mid-week, the children progress to two-wheel bikes with brakes. Later in the week, the instructors will start to work with Belmont Wheelworks and the children’s parents on ordering bikes which will best suit each child. They then take the bikes to the gym to practice with the iCan Shine instructors.
“Sometimes that transition is difficult, rocky,” said Andrea Patrick, floor supervisor for the national iCan Shine program. “That’s why we try to do it at camp, where they have learned the skills and it is a safe environment.”
About Breakstone, White & Gluck
Breakstone, White & Gluck, a Boston personal injury law firm, encourages all cyclists to wear bike helmets to reduce the risk of serious head injuries while riding.
According to the Centers for Disease Control and Prevention, bicyclists face a higher risk of crash-related injuries than drivers and occupants of motor vehicles. Children ages 5-14 and young adults ages 15-24 have the highest rates of non-fatal bicycle related injuries and account for 60 percent of all bike-related injuries seen in U.S. hospital emergency rooms.
In 2013, we were proud to donate over 1,000 bike helmets to children in the Boston area. We are donating more helmets this year. To learn more about our bicycle safety outreach, visit www.bwglaw.com/project-kidsafe/. We also invite you to follow our Facebook page.