Posts Tagged ‘“Boston personal injury lawyers”’
Infant Sleeper Recalls Continue Nearly a Year After Fisher-Price
Nearly a year after the Fisher-Price Rock ‘n Play recall, the work continues to remove unsafe sleepers from the market.
After more than 70 infant deaths involving inclined sleepers, the Consumer Product Safety Commission (CPSC) and lawmakers continue working to prevent injuries.
The CPSC recently announced the recalls of over 165,000 infant sleepers from four companies: Summer Infant, Evenflo, Delta Enterprise Corp. and Graco. Thankfully, these recalls are not related to any deaths or injuries. They are part of the CPSC’s ongoing work to protect children after Fisher-Price’s startling revelations about its Rock ‘n Play, which has been linked to dozens of infant deaths. However, these models have not been linked to injuries, according to the CPSC and at least one company initially refused the CPSC’s efforts.
Graco is recalling the largest number of units, 111,000 Graco Little Lounger Rocking Seats. Sumr Brands is recalling 43,000 SwaddleMe By Your Bed Sleepers. Delta Inclined Sleepers is recalling about 5,900 units and Evenflo has about 3,100 units involved in the recall.
If you own one of these sleepers, you can read the recall notices on the CPSC website. You should be able to contact the manufacturer and return your sleeper for a cash refund or a voucher.
Consumers are urged to stop using the inclined infant sleepers. It is better to return the infant sleepers, rather than discard them in the trash.
Fisher-Price Rock ‘n Play
Parents received the first frightening warning about inclined infant sleepers last April, when Fisher-Price issued an advisory for parents, initially announcing 10 babies had died in the sleeper after turning from their back to their stomach, then suffocating. The company warned parents not to let children use the sleeper after 3 months old.
Within days, facing outrage from parents and new allegations, Fisher-Price acknowledged more deaths and had to replace its advisory with a recall notice for 4.7 million Rock n’ Play sleepers. Because this product was sold for 10 years, this has been a massive recall. Adding to the challenge is so many companies have followed Fisher-Price’s lead and developed similar inclined sleep products.
After Fisher-Price, we learned that Kids II was also facing allegations that several infants had died in its sleepers. The company recalled 700,000 products in late April, just a few weeks after Fisher-Price took action.
Federal Legislation to Ban Inclined Sleepers
The CPSC has been working with other companies to identify unsafe sleepers while advising consumers not to use inclined sleep products. The Fisher-Price sleeper and other models are dangerous because they sit at a 30 degree incline. Babies can roll over and suffocate. The American Academy of Pediatrics (AAP) advises parents to put infants on flat surfaces to sleep and remove blankets, toys and other items. Researchers from the University of Arkansas have also recommended flat surfaces for sleeping and have said any incline should fall under 10 degrees.
Federal legislation has been proposed to ban inclined these sleepers altogether. According to Consumer Reports, the Safe Sleep for Babies Act has already passed in the House of Representatives. If this happens, the CPSC will not have to pursue product recalls one by one and negotiate with each manufacturer.
Boston Product Liability Lawyers – Boston Personal Injury Lawyers
Free Legal Consultation
Breakstone, White & Gluck has over 100 years combined experience representing those injured by the negligence of others in Massachusetts. Our attorneys have extensive experience in the area of product liability and defective products. For a free legal consultation, contact our firm at 800-379-1244 or 617-723-7676 or use our contact form.
Breakstone, White & Gluck Joins Walk to The Hill at Massachusetts State House
Our attorneys participated in the Equal Justice Coalition’s Walk to the Hill this morning at the Massachusetts State House. Marc L. Breakstone, David W. White, Ronald E. Gluck and Reza Breakstone joined hundreds of other attorneys in urging state lawmakers to raise state funding for civil legal aid.
Last week, Gov. Charlie Baker released his FY2021 budget and proposed a level budget of $24 million for civil legal aid. The Equal Justice Coalition, the Massachusetts Legal Assistance Corporation and supporters are seeking a $5 million increase and that’s why our attorneys participated today. Civil legal aid provides legal assistance to low-income Massachusetts residents who need help with housing, employment, medical care, immigration matters and domestic abuse. It is the last resort for many families, children and the elderly. Advocates say it’s life-changing for people, creating stability and opportunity to stay in their homes and keep working.
The Equal Justice Coalition says civil legal aid organizations are being forced to turn away many Massachusetts residents in need due to funding.
“Investing in civil legal aid is just and makes good economic sense,” the coalition says.
Read more about the Equal Justice Coalition’s work.
Attorney Marc L. Breakstone Says There is Potential for Civil Lawsuits After Hi-Way Safety Systems Party
Attorney Marc L. Breakstone was interviewed by NBC Boston in segment: “After Fatal Pembroke Crash, Could Holiday Hosts Be Held Liable?”
Attorney Marc L. Breakstone was interviewed by NBC Boston as part of its ongoing coverage of the Hi-Way Safety Systems holiday party and the subsequent deaths and injuries. At least three employees are now facing criminal charges, including one in an alleged high-speed drunk driving crash in Pembroke, which killed a teenage girl. A fourth employee was found dead in a Rockland motel in the subsequent hours.
The NBC Boston segment, which aired on January 8, 2020, focused on whether the party hosts may also face criminal charges under the Massachusetts social host law and civil lawsuits. The company reportedly hosted the party.
Breakstone is a Boston personal injury lawyer with over 30 years of experience representing victims of negligence. He said victims may able to file civil lawsuits in these serious cases.
“Key is the issue of control. If I control the service of alcohol in my home, and I have the ability to shut someone off and don’t, I could be liable.”
The Plymouth County District Attorney’s office and police now want to interview each party guest to learn more about the circumstances. In the wake of the crash, the Massachusetts Department of Transportation has announced Hi-Way Safety Systems can no longer bid on state contracts. Hi-Way Safety Systems has announced the employee who caused the Pembroke crash which killed a teenage girl and seriously injured another victim has been fired. He has been charged with one count of manslaughter while operating under the influence of alcohol, two counts of operating under the influence causing serious bodily injury and other offenses. He was ordered held without bail in Plymouth District Court.
Watch the NBC Boston segment.
Attorney David W. White Discusses Massachusetts Social Host Liability Law in Boston 25 News Interview
Attorney David W. White was interviewed by Boston 25 News about the potential for social host liability lawsuits following the Hi-Way Safety Systems holiday party and fatal crash in Pembroke, Massachusetts. The driver in that crash is now facing numerous criminal charges related to a teen’s death and injuries to others at the scene, including manslaughter while operating under the influence of alcohol (OUI).
“Now in Massachusetts, that’s a very hard thing to prove,” he said. “You have to be able to show that the host knew or should have known that the guest was getting intoxicated. And it has to be their alcohol. So if a guest brings his or her own alcohol to the party, then there would not be any social host liability.”
Parts of his interview was broadcast last night and this morning. Follow the news website for ongoing coverage: https://www.boston25news.com/
About Breakstone, White & Gluck – Boston Personal Injury Lawyers
Breakstone, White & Gluck is one of the most respected personal injury law firms in Boston. Learn more about our attorneys and our results for clients. If you have been injured, contact us for a free legal consultation at 800-379-1244 or 617-723-7676 or use our contact form.
Massachusetts Lawyers Weekly Mentions Breakstone, White & Gluck’s Project KidSafe Campaign
Massachusetts Lawyers Weekly recently gave Breakstone, White & Gluck and our Project KidSafe campaign a nice mention. In 2019, our campaign donated over 4,000 bicycle helmets to children throughout the Boston area with help from more than 30 community partners and police departments. We look forward to continuing our work to protect children in 2020.
Read the article on the Massachusetts Lawyers Weekly website (subscription access required).
Attorney David W. White Interviewed by Boston 25 News on Liability in Pothole Accidents
Attorney David W. White was interviewed by Boston 25 News for a story which aired last night, “Mass. ‘Pothole’ Law Leaving Many With a Hole in Their Wallet.” The 25 Investigates team found cities and towns in Massachusetts are not compensating drivers for motor vehicle damage caused by winter potholes on municipal roads. Surprising many is that state law favors this position.
“You would think the law would be a little more supportive of people who suffer damages to their cars because we can’t maintain our roads,” Attorney White said in the interview. He later added, “The city can say you were 1% negligent yourself and that is an absolute defense to the case. And they’ll win, they will win.”
The investigative team found a handful of exceptions when cities actually paid drivers for pothole damage. But most drivers in Massachusetts had to foot their own bill, at an average cost of $306, according to AAA. The costs can be much higher for some drivers.
If a driver is successful in making a claim, there is a $5,000 maximum compensation.
About Breakstone, White & Gluck – Boston Car Accident Lawyers
The Boston personal injury lawyers at Breakstone, White & Gluck specialize in representing those injured by negligent and reckless driving in Massachusetts. If you have been injured in a car accident or a truck collision, seek immediate medical treatment and consult our attorneys to learn your legal rights. For a free legal consultation, call 800-379-1244 or 617-723-7676 or use our contact form.
2019 Year in Review from Breakstone, White & Gluck
Marc L. Breakstone, David W. White and Ronald E. Gluck founded Breakstone, White & Gluck in 1992. This year, our partners and our associate Reza Breakstone continued our practice, delivering superb and meaningful results to our clients in injury cases:
Attorney Marc L. Breakstone Interviewed About Lynnway Auto Auction Indictments
In March, Attorney Marc L. Breakstone was interviewed by WHDH TV about the criminal indictments returned against the Lynnway Auto Auction and its company president. Each was charged with five counts of manslaughter in the 2017 crash killing five people. Attorney Breakstone is representing one of the families who lost a loved one.
Attorney David W. White Interviewed by NBC Boston on E-Scooters
Attorney David W. White was interviewed by NBC Boston for a segment called, “Are You Protected in a Scooter Crash? Experts Say Read the Fine Print.”
Attorney Ronald E. Gluck Negotiates $1.6 Million Settlement for Client Who Suffered Concussion and Mild Traumatic Brain Injury
Attorney Ronald E. Gluck negotiated a $1.6 million settlement for a client who suffered a concussion and mild traumatic brain injury. Attorney Gluck discusses his work for clients in this area:
Project KidSafe and Community Outreach
In April, Breakstone, White & Gluck launched our 7th annual Project KidSafe campaign with a bike helmet giveaway at Framingham Earth Day. We recently concluded another successful year, donating more than 4,000 bicycle helmets to children across Massachusetts. To reach children and families, our firm partnered with more than 35 community organizations, including 12 police departments, schools and bicycle committees, along with MassBike and Massachusetts Safe Routes to School.
With this year’s donations, our attorneys have now given away more than 25,000 helmets, with a goal of protecting children on bicycles, preventing head injuries and saving lives.
As we made our last helmet donation of 2019, we were especially touched by kind words from Boston Police Commissioner William Gross:
Outside our Project KidSafe campaign, we supported many bar and community organizations, including the Massachusetts Bar Association and Massachusetts Academy of Trial Attorneys. In January, we supported and participated in the Equal Justice Coalition’s Walk on the Hill, when lawyers across the state advocate for increased state funding for civil legal aid.
Attorney Marc L. Breakstone Published in MATA Journal
In May, Attorney Marc Breakstone was published in the MATA Journal, with an article called, “Assessing bias in voir dire after ‘Williams.’
Attorney Ronald E. Gluck Successfully Resolves Mild Traumatic Brain Injury Case Caused by Heavy Snow Collapse
In May, Attorney Ronald E. Gluck announced he had successfully resolved a mild traumatic brain injury case for our client, who was injured when heavy snow collapsed from a commercial warehouse roof onto her vehicle.
Attorney Marc L. Breakstone Wins $1.1 Million Verdict in Rhode Island Case
In May, Attorney Marc L. Breakstone won a $1.1 million verdict for our client who was injured in a car accident.
Awards: Best Lawyers in America© 2020
In August, Attorneys Marc L. Breakstone, David W. White and Ronald E. Gluck were selected for inclusion to the Best Lawyers in America© 2020. Our attorneys were recognized for their excellent work in personal injury, medical malpractice, professional malpractice and insurance law cases.
Attorney Marc L. Breakstone Reaches $2.15 Million Settlement in Wrongful Death Case After Crash in Unsafe Parking Lot
In October, Attorney Marc L. Breakstone announced he had negotiated a $2.15 million settlement on behalf of his client’s estate.
Awards: 2019 Super Lawyers
In October, Attorneys Marc L. Breakstone, David W. White and Ronald E. Gluck were all recognized in the 2019 Super Lawyers rankings. Our firm honors included Top 100 New England Super Lawyers, Top 100 Massachusetts Super Lawyers and Massachusetts Super Lawyers recognition in the areas of personal injury and medical malpractice. Our attorneys were recognized for the 16th year.
Awards: Best Law Firms of America© 2020
In November, Breakstone, White & Gluck was recognized in the 2020 Edition of U.S. News – Best Lawyers “Best Law Firms.” Our firm received rankings as a Tier 1 Boston law firm in personal injury litigation representing plaintiffs and a Tier 1 Boston law firm in medical malpractice litigation representing plaintiffs.
Attorney Marc L. Breakstone Published in MATA Journal
In November, Marc L. Breakstone was published in the MATA Journal, with an article called, “Establishing Liability: Through the Defendant.”
Free Legal Consultation – Breakstone, White & Gluck – Personal Injury Lawyers
Breakstone, White & Gluck has more than 100 years combined experience representing clients in cases involving personal injury, wrongful death, medical malpractice, motor vehicle accidents, bicycle accidents, pedestrian accidents, head injuries, construction accidents, premises liability and product liability. If you or a loved one has been injured, contact our attorneys for a free legal consultation and learn your legal rights: 800-379-1244 or 617-723-7676. You can also use our contact form.
Cautionary Tales about Snow and Ice Accidents in Massachusetts
As we negotiate the season’s first snow, there are many warnings: give yourself extra time, drive slowly and clear your car, front steps and driveway.
Remember these precautions in coming days and weeks, especially if you are a property owner. In Massachusetts, property owners have a duty to use reasonable care in clearing snow and ice so no one is injured. Papadopoulos v. Target Corp., 457 Mass. 368 (2010). Where there was once a distinction between “natural” and “unnatural” snow accumulations, there is no longer. The best way to keep your property safe is keep up with each snow fall. Frequently inspect your property throughout the season.
Snow and ice injuries can be serious, requiring months or more to heal. Shoveling your driveway is your responsibility as a property owner and the right thing to do. No one wants to bear the guilt of causing another person injury. And no one wants to be held liable for someone else’s injury and have to pay financial damages.
At Breakstone, White & Gluck, our Boston personal injury lawyers have extensive experience handling premises liability cases, including snow and ice injuries caused by negligence. We share our cases as cautionary tales.
Slip and Fall on Icy Ramp at Commercial Property, $825,000 Settlement
Attorney Marc L. Breakstone successfully negotiated an out-of-court settlement for a client who suffered a serious fall on an icy handicap ramp. The ramp was on a commercial property. Our client suffered a trimalleolar fracture with ankle fusion and had to undergo multiple surgeries. Photos gathered in the case showed part of the handrail was actually missing prior to the accident and there was ice from a downspout. The case settled in favor of our client after two days of mediation. Attorney Breakstone had engaged an engineering expert and meteorology expert to testify had the case gone to court.
Heavy Snow Collapse Causes Traumatic Brain Injury, Undisclosed Settlement After 4th Day of Trial
Attorney Ronald E. Gluck successfully negotiated a settlement for our client, who was injured when heavy snow collapsed suddenly from a commercial warehouse roof onto her vehicle. The defendants – the property owner, the property management company and the company which leased the warehouse – had neglected their duty to clear the snow and provide a safe environment. The case went to Middlesex Superior Court, where Attorney Gluck presented testimony from multiple expert witnesses, including a neurologist and a meteorologist, in support of his client’s case. Each day, the defendants made an offer to settle the case. After the fourth day, Attorney Gluck’s client accepted an offer that represented an 800 percent increase from the pre-trial offer.
Free Legal Consultation – Breakstone, White & Gluck
Breakstone, White & Gluck brings more than 100 years combined legal experience to those injured by negligence in Massachusetts. We represent clients across Massachusetts, including in Boston and Cambridge; Saugus and the North Shore; Brockton and Plymouth; Cape Cod; Framingham and MetroWest; and Worcester and Central Massachusetts.
If you have been injured as a result of someone else’s negligence, learn your rights. Contact Breakstone, White & Gluck for a free legal consultation with one of our personal injury attorneys. Call 800-379-1244 or 617-723-7676. You can also use our contact form.
Take Caution Buying Children Digital Toys, Tablets and Apps
Many children are asking for tablets, video games and digital toys this holiday season. Before you buy, really learn what you are introducing – and our suggestion is consider waiting. This year, companies such as Google were pressured to change their data collection practices. In 2020, we may just see some change from other companies, too. Read More
Check Food Recalls and Remember Food Safety This Thanksgiving
Before you start cooking the biggest meal of the year, check the latest food recalls and come up with a plan for safe food preparation. With good planning, you can minimize the risk of food poisoning at your Thanksgiving table.
Food Recalls: Romaine Lettuce
The Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC) are warning consumers to stay away from romaine lettuce contaminated by E. coli. This isn’t the first warning. This follows several romaine lettuce recalls in recent years – including last Thanksgiving (Source: Washington Post).
The current recall is for lettuce contaminated by an E.coli outbreak in Salinas, California. The CDC reports 40 people in 16 states have become ill due to the contamination. The CDC is urging consumers to throw all lettuce with labels which say it originated in Salinas. If you can’t find the growing area, consumers are advised not to eat the lettuce.
From Boston and across Massachusetts, many restaurants have posted advisories that they are not serving romaine lettuce.
Food Recalls: Raw Pork
Federal officials received an anonymous tip that Morris Meat Packaging of Illinois was producing food without federal safety inspection and on Saturdays, outside inspection hours. As a result, the company recalled 515,000 pounds of raw, intact pork products on Nov. 21, 2019. The United States Department of Agriculture’s Food Safety and Inspection Service is calling on consumers to look for EST. 18267 inside the USDA mark of inspection.
Food Recalls: Cheese Nips
Careful before you pick up that Cheese Nip. The parent company of Cheese Nips has issued a voluntary recall because yellow plastic pieces were found on manufacturing equipment. The source was a food scraper and the crackers were recalled to protect consumers from potential food poisoning. Consumers should look for – and not consume – 11-ounce Cheese Nips boxes with a best by date in May 2020. No injuries have been reported in connection to this recall.
Tips to Prevent Food Poisoning in Your Kitchen
Take care to use safe food handling practices when preparing your Thanksgiving meal.
Thaw your turkey in a container in the refrigerator; or in a sealed plastic bag in a sink of cold water (change water every 30 minutes) or in the microwave. Look up and follow instructions from the microwave manufacturer.
Clean, separate, cook and chill. Follow the four steps of food safety to prevent raw turkey from making contact with harmful bacteria. When you wash your hands, remember that germs that cause food poisoning can spread easily in your kitchen. Wash your hands for 20 seconds with soap and water before, during and after preparing and before eating.
Cook stuffing separately from the turkey, thoroughly to 165°F. Only then can the stuffing be cooked inside a turkey. This is a critical and fundamental step because bacteria can form and food poisoning can happen when stuffing is not completely cooked.
Give yourself adequate time to cook the turkey so your guests can safely consume it. The amount of time you need will depend on the weight and size of your turkey. The goal is to reach a safe internal temperature of 165°F. Check by inserting a food thermometer in multiple parts of the turkey, including in the center of the stuffing and the thickest parts of the breast, thigh and wing joint.
(Source: Food Safety Tips for Your Holiday Turkey)
After your Thanksgiving meal, remember to refrigerate leftovers soon (within 2 hours at the most is the CDC recommendation) to prevent food poisoning.
About Breakstone, White & Gluck – Boston Personal Injury Lawyers
Our Boston personal injury lawyers have over 100 years combined experience representing those who have been injured to the negligence and wrongdoing of someone else. If you have been injured, contact our attorneys for a free legal consultation: 800-379-1244 or 617-723-7676 or use our contact form.