Posts Tagged ‘Boston’
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)
Defective Product Leads to Proposed Plea Deal in the Largest Criminal Penalty Ever Assessed Against a Medical Device Company
Guidant LLC, a division of Massachusetts’ company Boston Scientific, has plead guilty to two misdemeanor counts alleging the medical device maker failed to disclose product changes involving over 20,000 implantable heart monitor devices.
The medical device manufacturer plead guilty Monday, April 5 and will learn over the next few weeks whether U.S. District Judge Donovan Frank will accept a proposed $296 million plea deal – the largest criminal assessment ever proposed against a medical device company.
The Department of Justice accuses Guidant of changing the design of its implantable cardioverter defribrillators, or ICDs, and failing to notify the Food and Drug Administration (FDA) of subsequent problems that lead to a Class 1 medical recall – the most serious category which indicate a defective product has the potential to cause serious personal injury or wrongful death.
Guidant’s implantable cardioverter defribrillators, Ventak Prizm 2 DR and Contak Renewal 1 and 2, were designed to monitor patients for abnormal heart rhythms and deliver electric shocks to keep the heart beating properly. But Department of Justice officials say Guidant discovered as early as 2002 that Ventak had the potential to suffer an electric arc, which could short-circuit the device. Although problems continued with the defribrillator, Guidant didn’t issue a warning until 2005. In at least seven cases, the devices failed to issue a lifesaving shock and the patient died.
In 2005, Guidant sent a product update to doctors, advising that a yellow warning screen indicated a potentially serious problem. However, the FDA says the company should have sent a product correction, rather than a product update, since the change reduced the risk of serious injury, and should have notified the FDA of the change within 10 days. Guidant ultimately recalled its three devices in 2005.
Attorneys for the affected patients are now urging the court to reject the plea deal because it will not provide restitution payments to victims. The government prosecutor has argued that the victims have other remedies for compensation and that the applicable law does not require restitution. The prosecutor points to the fact that most of the victims have settled civil suits with the company and the company has paid out over $650 million in settlement and warranty payments. Additionally, $42 million of the plea amount is forfeited funds and victims can petition the Justice Department for their share.
For more information on the plea deal, see this Boston Globe article and this Star Tribune article.
Tired Truckers and Truck Accidents May Be Reduced with New Regulations—Massachusetts Highways Should Be Safer
A lawsuit over tired truck driving may eliminate an embattled rule that concerns safety advocates about the risk of truck accidents, motor vehicle accidents and wrongful deaths on the nation’s roadways.
Since 2004, advocacy groups have been battling an hours-of-service rule passed by the Bush administration that increased the maximum number of consecutive hours a trucker could work from ten to eleven and decreased the rest and recovery time from fifty hours to thirty-four. Safety advocates claim that the changes are likely to lead to more motor vehicle accidents, serious personal injuries and wrongful deaths.
Twice, advocacy groups have successfully challenged the rule in court just to have the administration reissue the same rule. In 2004, the court vacated the hours-of-service rule on the grounds that the government did not adequately consider the effects of longer driving hours on individual truck driver welfare and public safety. In 2007, the court vacated the rule again because the agency did not allow public notice and comment on the new crash risk analysis used as justification to reissue the same rule.
Advocacy groups brought a third lawsuit in 2009 and will finally see an outcome. As part of a legal settlement, the Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA) have agreed to redraft the existing hours-of-service rule. In January, the agencies held several sessions around the country to gather public comment.
As they start work, safety advocates hope that the new rule will reflect the dangerous reality of tired truckers. The deaths and personal injuries caused by drivers falling asleep in the cab can be catastrophic for truck drivers and people on the road.
The U.S. National Transportation Safety Board points to driver fatigue as a likely factor in twenty to forty percent of truck crashes. Safety advocates, including members of Parents Against Tired Truckers and Citizens for Reliable and Safe Highways, applaud the settlement as a step in the right direction towards safe roads.
There are typically over 1,000 Massachusetts truck accidents every year, nearly half of which involve out-of-state motor carriers. In 2006, 34 people were killed in Massachusetts trucking accidents.
For more information on the regulations, see the FMCSA website. The Truck Safety Coalition has a collection of stories and press releases on the hours-of-service rule and trucker fatigue.
Contact Breakstone, White & Gluck now
If you need assistance with a case involving a wrongful death or personal injury as the result of a truck accident, please contact the Boston law firm of Breakstone, White and Gluck. We have a long record of proven results. An experienced attorney is available for a free consultation by calling 800-379-1244 or contacting us online.
FDA Taking a Closer Look at the Health Effects of a Widespread Household Chemical
The US Food and Drug Administration (FDA) is looking into the health effects of a common chemical called triclosan, which is found in certain soaps, toothpaste, shower curtains and gym socks. The FDA is investigating scientific data indicating that the chemical causes hormonal changes in lab animals. Triclosan is added to products to reduce or inhibit bacteria growth and was originally used as a surgical scrub. At this time, the FDA has not recommended that consumers change products but has said that consumers concerned about using soap with triclosan can use regular soap. Concerned consumers can check product labels for triclosan.
Scientific data has shown that triclosan acts as an endocrine disruptor in lab animals. In humans, endocrine disruptors can increase the risk of developmental problems in fetuses and young children. Bishpenol A, known commonly as BPA, another endocrine disruptor found in some plastics, is banned in some states and has been voluntarily removed from shelves by some retailers. Triclosan’s use has increased over the past decade, especially as consumers seek to prevent the cold and flu. Additionally, a report by the US Geological Society found that between 1999 and 2000, triclosan was found in 60% of streams.
The FDA is not the only entity taking action. Representative Edward J. Markey is calling on the federal government to ban triclosan in products used to wash hands, prepare food, or products marketed to children. Additionally, he is filing legislation to speed up the process of evaluating and regulating potentially harmful products.
For more information on triclosan, see this Boston Globe article and the FDA’s website.
After Three Infant Deaths, Company Recalls Baby Sling– Massachusetts Residents Should Take Warning
The US Consumer Product Safety Commission (CPSC), in cooperation with Infantino LLC of San Diego, have announced a free replacement program for two models of defective infant slings. One million of the defective products are being recalled after the three wrongful deaths of infants due to incidents of suffocation. CPSC is aware of the deaths of a seven week old in Philadelphia, a six day old in Salem, OR, and a three month old and Cincinatti, OH. CPSC advises consumers to immediately stop using these slings for infants younger than four months of age due to a risk of suffocation and contact Infantino for a free replacement product. 
The affected sling models are the “SlingRider” and the “Wendy Bellissimo.” Infantino LLC sold the slings in the United States from January 2003 through March 2010 at Walmart, Burlington Coat Factory, Target, Babies “R” Us, BJ’s Wholesale, various baby and children’s stores and other retailers nationwide, and on Amazon.com, for between $25 and $30. The slings were manufactured in China and Thailand. Consumers should contact Infantino to receive a free replacement product.
CPCS has also released a general warning about sling carriers for babies as they pose two risks of suffocation. The sling’s fabric can press against an infant’s nose and mouth, blocking the baby’s breathing. Additionally, where a sling keeps the infant in a curled position bending the chin toward the chest, the airways can be restricted. CPCS is working with concerned companies to develop safety standards for baby slings.
For information on obtaining a free replacement product, visit www.infantino.com.
To report an incident involving a recalled product, file an incident report at https://www.cpsc.gov/cgibin/incident.aspx.
For more information on the CPCS warning, see the CPCS website. For more information on this specific recall, see this press release. Read More
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.
Children’s Sweatshirts and Jackets Recalled due to Strangulation Risk–Massachusetts Parents Take Warning
Four companies are voluntarily recalling children’s hooded sweatshirts and jackets due to the danger of children suffering personal injuries or death. The recalled garments all have drawstrings through the hoods that pose a strangulation hazard for children. All four companies are cooperating with the US Consumer Product Safety Commission (CPSC). Baycreek Inc. of New York, NY is recalling 1,900 hooded sweatshirts. Weeplay Kids LLC of New York, NY is recalling 11,800 hooded sweatshirts. Bobens Trading Co., Inc. of Hicksville, NY is recalling 3,900 hooded sweatshirts and Franshaw, Inc. of New York, NY is recalling 2,400 hooded jackets; both companies’ recalled garments are sold exclusively at Burlington Coat Factory. No injuries or incidents have yet been reported.
To eliminate the risk of danger, parents should either remove the drawstring from the hood, or return the garment to the place of purchase or the manufacturer for a full refund. The CPSC issued guidelines in 1996 for children’s upper outerwear and the industry voluntarily incorporated these standards in 1997. The guidelines provide additional information and advice on how to eliminate the risk of strangulation from hooded outerwear.
To report an incident involving one of these garments, or a similar garment, file a consumer product incident report with CPSC.
For more information on the Weeplay Kids recall, see http://www.cpsc.gov/cpscpub/prerel/prhtml10/10142.html
For more information on the Baycreek recall, see http://www.cpsc.gov/cpscpub/prerel/prhtml10/10144.html
For more information on the Bobens Trading Co recall, see http://www.cpsc.gov/cpscpub/prerel/prhtml10/10140.html
For more information on the Franshaw recall, see http://www.cpsc.gov/cpscpub/prerel/prhtml10/10143.html
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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