Posts Tagged ‘lawyer’
Gas Explosions: More than 3,300 Gas Leaks in Boston
There are more than 3,300 natural gas leaks in Boston’s aging underground pipelines, a new Boston University study has found. Six areas had gas levels which exceeded the amount needed to trigger a gas explosion.
Those gas leaks were repaired while no action has been taken on the others, which the state Department of Public Utilities and gas companies described as a small risk for gas explosions. Dorchester had the largest number of gas leaks, 951 breaks over 158 miles of cast-iron gas mains. However, several areas had a greater number of leaks per mile, including East Boston, Jamaica Plain, Brighton, Charlestown and South Boston.
The study into gas leaks and explosion risks was conducted by an associated professor from Boston University’s Department of Earth and Environment and a researcher from Duke University. It was recently published in the journal Environmental Pollution and reported on by the Boston Globe.
The two researchers drove all 785 miles of Boston’s streets to test the air for methane, the primary ingredient in natural gas. The two measured for methane levels which exceeded 2 parts per million – the normal amount in the air.
Natural gas is colorless and odorless, but uses the chemical additive mercaptan which emits a distinct rotten eggs odor to signal a leak. Gas leaks can occur in several ways, often when underground pipes crack as they age or in cold weather or when a pipe is struck by construction equipment.
Some people want to hold gas companies more accountable for fixing gas leaks in Massachusetts. A bill sponsored by state Representative Lori Ehrlich of Marlbehead would require a timeline for fixing the most serious leaks. Utilities would be required to notify police and fire of the gas leak locations. The bill unanimously passed the House of Representatives in June and is now before the state Senate.
The Conservation Law Foundation plans to release a report on natural gas leaks soon. An official suggested the state could require timelines for gas companies to repair various grades of leaks and improve accelerated reimbursement rates for gas companies that replace old gas lines.
Related:
- Boston riddled with mostly small natural gas leaks, Boston University study finds, Boston Globe.
- Gas leaks graphic, Boston Globe.
- Breakstone, White & Gluck settles wrongful death lawsuit for explosion’s victim’s family for $7.5 million, July 2012.
Toy Safety: 10 Worst List Highlights Dangerous Toys
As the holiday shopping season begins, a watchdog organization is reminding consumers that not every toy on the shelves is safe.
The organization W.A.T.C.H., or World Against Toys Causing Harm, Inc., has released its annual list of 2012 “10 Worst Toys.” W.A.T.C.H. says the toys on the list can cause children to choke, have sharp parts and carry misleading labels. The defective toys can be found online and in stores, at major retailers such as Toys “R” Us, Walmart and Amazon.
Dangerous toys seriously injure and kill children every year in the United States. In 2010, 17 children were killed in toy-related accidents. The majority were related to choking on balloons, small balls and rubber balls. The same year, about 181,500 children younger than 15 were treated in hospital emergency departments for toy-related injuries.
If you are shopping for young children, take a look at this year’s “10 Worst Toys” list. We have also provided a list of websites to help you make safe purchases below.
The Avengers Gamma Green Smash Fists
Potential for blunt impact injuries and there are no warnings on the package.
Playful Xylophone
Potential for choking injuries.
Power Rangers Super Samurai Shogun Helmet
Potential for impact and puncture wound injuries.
Water Balloon Launcher
Potential for choking and facial injuries. Varying age recommendations online and on the package.
N-Force Vendetta Double Sword
Potential for Impact injuries.
Explore & Learn Helicopter
Potential for strangulation and entanglement injuries. Cord is twice the length allowed by law.
Spinner Shark 4-Wheel Kneeboard
Potential for impact injuries.
Dart Zone Quick Fire 12 Dart Gun
Potential for eye injuries.
Bongo Ball
Potential for impact and other serious injuries. Children are encouraged to climb inside the inflatable ball. The toy and the packaging have contradicting instructions about supervision.
Magnetic Fishing Game
Potential for choking injuries. Different age recommendations online and on the packaging.
Related:
Toy Safety Fact Sheet, Safe Kids.
Toy Safety, U.S. PIRG.
Dangerous Toy Report Details Lead, Choking Hazards, Breakstone, White & Gluck.
Preventing Cooking Accidents This Thanksgiving
Thanksgiving dinner is the largest meal of the year for many families, the one that takes the most planning and time to prepare. As you work in the kitchen, remember Thanksgiving is also the nation’s leading day for kitchen fires and when burns and cooking injuries are more likely to occur. The good news is you can prevent most of these accidents and focus on enjoying the day by following a few simple steps below. We have also included safety precautions for deep frying a turkey.
Make sure your smoke detector is working. Test it in advance and do not disable it.
Use a cooking timer. This will help you keep track of when to check the turkey and when other food dishes are finished.
Stay home while cooking. Stay home and check the turkey frequently.
Cooking stovetop. Stay in the kitchen when you are cooking stovetop. If you must leave, turn the stove off.
Keep children away. Keep children at least three feet away from the stove at all times.
Hot food and liquids. Make sure children also stay away from hot food and liquids, which can cause burn injuries. This includes coffee, gravy and the steam and sauce on vegetables – especially when they first come out of the oven or off the stove.
Neat kitchen. Keep clutter to a minimum near the stove. Set aside oven mitts, towels and other utensils. Do not leave sharp knives or utensils out where young children can reach them. Ask guests to put their belongings in another area.
Keep matches, lighters and candles away. Lock matches and utility lighters in cabinets away from children. Also do not use candles if you have young children in the home.
Use a commercial cooking bag. Do not cook your turkey in a brown paper bag from the grocery store. They are unsanitary and may start a fire.
Tips if you are deep frying your turkey:
Read the instructions. Read the manufacturer’s instructions for the turkey fryer before each use.
Understand your propane gas burner. Ask your propane gas provider about safe practices to prevent fires and explosions.
Wear safety gear. Wear safety glasses, gloves which stretch to your elbows, a long-sleeved shirt and an apron.
Deep fry your turkey outside. Set up your fryer in an open area, away from your house, garage, decks and other structures.
Select a smaller turkey. Use a turkey that is 12 pounds or less in size.
Do not stuff the turkey. Stuffing the turkey could interfere with even cooking.
Do not use too much oil. Determine the right amount of oil in advance by placing the turkey in the fryer. Fill with water to the top. Remove the turkey and measure the amount of water remaining. Use the same amount of oil. Your fryer may also have a measurement line inside.
Fully thaw the turkey. Burn injuries can occur when any water on the turkey comes in contact with the oil, then boils over or splatters while being cooked. Fully thaw the turkey and dry it off with paper towels before deep frying.
Turn off the fryer before adding the turkey. Warm up the fryer before cooking, then turn it off just before putting the turkey inside. Start cooking again after it is firmly in place.
Related:
Thanksgiving Safety, National Fire Protection Association.
Cooking Safety, National Fire Protection Association.
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Drowsy Driving Accidents Are Preventable
Younger drivers are the most likely to drive drowsy, with one out of seven drivers ages 16-24 admitting to nodding off behind the wheel at least once in the past year, a National Sleep Foundation study found.
The National Sleep Foundation released its study for its annual campaign, Drowsy Driving Prevention Week, from Nov. 12-18. The foundation’s study also found one in 10 of all licensed drivers admitted to falling asleep during the past 12 months. The AAA Foundation for Traffic Safety estimates that about one in six deadly car crashes involves a drowsy driver. In addition to drivers who are falling asleep, the National Sleep Foundation’s 2011 Sleep in America poll found that among those who drove, 52 percent indicated they have driven drowsy and 37 percent had done so in the past month.
Across the country, four states have laws related to drowsy driving: New Jersey, California, Utah and Florida.
The laws vary, providing for a mix of educational campaigns, research and in New Jersey, a law criminalizing drowsy driving. Maggie’s Law states a drowsy driver – one who has not slept in 24 hours – qualifies as a reckless driver who can be convicted of vehicular homicide. The law was passed in 2002 following a car accident which claimed the life of 20-year-old college student Maggie McDonnell. The student was struck by a driver who had not slept for 30 hours and had been using drugs.
The jury deadlocked in the first trial involving the fatal car crash. During the second trial, the defense lawyers argued that there was no law against falling sleep behind the wheel in New Jersey so the driver did nothing wrong. The driver received a suspended jail sentence and $200 fine.
In Massachusetts, Sen. Richard T. Moore, (D-Uxbridge) has proposed “Rob’s Law,” which was placed under a study order this summer. The legislation is named for Major. Robert Raneri of the United States Army Reserve, who was killed in 2002 by an admitted drowsy driver on his way to work at Fort Devens.
The bill would make it a criminal offense for drivers to drive drowsy in Massachusetts. In cases where drivers cause a car accident resulting in death, they could be charged with homicide by a motor vehicle while under the influence of an intoxicating substance.
Drowsy driving car accidents can be prevented through awareness and good decisions. Our Boston car accident attorneys offer this list of signs which should serve as warnings not to drive:
- Difficulty focusing, frequent blinking and heavy eyelids.
- Driving mistakes such as drifting from your lane and swerving.
- Not seeing other cars until they are immediately near you.
- Daydreaming.
- Trouble keeping your head up.
- Disobeying traffic lights or failure to see them change until another driver honks.
- Missing traffic exits.
- Not remembering traveling the last few miles.
- Yawning.
- Restlessness, irritability or aggression.
Other steps to avoid drowsy driving and car accidents:
- Get a good night’s sleep of seven to nine hours at night.
- Do not be in a rush to arrive at your destination.
- Avoid driving long distances alone when you can.
- Avoid alcohol and medications that cause drowsiness.
- Consume caffeine if you need it.
- Avoid driving at times you are normally asleep.
- For long distance travel, take a break every 100 miles or 2 hours. Get a snack, change drivers, take a walk.
- Make sure you eat regular meals and snacks.
- If you need, stop and find a safe place to nap.
- Avoid alcohol and medications that cause drowsiness.
Related:
Bill S.1773: An Act relative to drowsy driving.
Drowsy Driving, National Sleep Foundation.
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Breakstone, White & Gluck Honored as Super Lawyers for Ninth Year
Breakstone, White & Gluck announces its lawyers have been recognized as 2012 Super Lawyers. It is the ninth consecutive year the firm’s lawyers have been honored.
Attorney Marc L. Breakstone
Attorney Breakstone has been recognized as one of the Top 100 New England Super Lawyers 2012, one of the Top 100 Massachusetts Super Lawyers 2012 and a Massachusetts Super Lawyer in the category of Personal Injury Plaintiff: Medical Malpractice. This is the third time attorney Breakstone has been named a Top 100 New England Super Lawyer, his sixth year as a Top 100 Massachusetts Super Lawyer and his ninth as a Massachusetts Super Lawyer. Breakstone also holds an AV rating with Martindale Hubbell (the highest professional and ethical ranking) and has consistently maintained a “Superb”10.0 rating on AVVO.
Attorney Breakstone is a graduate of Northeastern University School of Law and specializes in personal injury and medical malpractice cases. Click here to read his bio.
Attorney David W. White
Attorney David W. White has been recognized as a 2012 Massachusetts Super Lawyer, Personal Injury Plaintiff: General. It is his ninth consecutive year on the list. Attorney White has also been named to the Top 100 Massachusetts Super Lawyers list four times and to the Top 100 New England Super Lawyers list twice. White also holds an AV rating with Martindale Hubbell (the highest professional and ethical ranking) and has consistently maintained a “Superb”10.0 rating on AVVO.
He is a graduate of Northeastern University School of Law and specializes in personal injury, medical malpractice and bicycle accident cases. Click here to read his bio.
Attorney Ronald E. Gluck
Attorney Ronald E. Gluck has been named a 2012 Massachusetts Super Lawyer, Personal Injury Plaintiff: General. He was selected to the list for the eighth consecutive year. He was also selected to the list of New England Super Lawyers for the sixth year in a row. Attorney Gluck specializes in catastrophic personal injury cases involving car accidents, construction accidents and medical device and pharmaceutical product liability. Gluck has an AV rating with Martindale Hubbell (the highest professional and ethical ranking) and has consistently maintained a “Superb”10.0 rating on AVVO.
He is a graduate of the Case Western Reserve University School of Law. Click here to read his bio.
About Super Lawyers
The Super Lawyers list recognizes the top 5 percent of lawyers in the state. Super Lawyers selects attorneys using a rigorous, multiphase process that includes peer nominations and evaluations and independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. The object is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers to find the best lawyer for their case.
The New England Super Lawyers list is published each fall as a print supplement to Boston Magazine.
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Meningitis Outbreak Prompts Federal and State Action on Compounding Pharmacies
A Massachusetts congressmen is proposing legislation that would give the Food and Drug Administration (FDA) greater authority over compounding pharmacies in the wake of a 19-state meningitis outbreak that has killed 29 people.
Rep. Edward Markey, (D., Mass.) last week announced the legislation, which would allow the FDA to inspect and regulate pharmacies partly based on their product volume.
Currently, states hold most of the authority over compounding pharmacies and the FDA is limited to inspections. It cannot require a compounding pharmacy to follow any operating standard.
Markey’s proposal aims to add oversight for compounding pharmacies which produce larger quantities. It does not target the traditional compounding pharmacy, which makes drugs for individual patients with a prescription.
The meningitis outbreak is being blamed on tainted steroid shots made by New England Compounding Center (NECC) of Framingham. As of Nov. 2, 395 people had contracted fungal meningitis, including the 29 deaths. Nine patients have fungal joint infections from steroid injections to the knee, hip, shoulder and elbow.
Officials say the defective drugs were shipped to 23 states and up to 14,000 patients may have been exposed. None of the contaminated product was distributed to Massachusetts healthcare providers or hospitals.
Markey’s proposal follows other attempts for regulation. In 1997, Congress passed a law giving the FDA authority to regulate large compounding pharmacies which advertised their products. But the U.S. Supreme Court struck down the law in 2002.
In Massachusetts, the Board of Registration in Pharmacy also moved to tighten controls last week, unanimously approving rules which allow the state to track drugs made by compounding pharmacies. The state’s goal is to determine whether a compounding pharmacy is violating its license and producing bulk quantities like a manufacturing facility. State officials say NECC was in violation of its license.
NECC has been shut down by the state and all of its products have been recalled. Another compounding pharmacy under the same ownership, Ameridose of Westborough, also recalled all of its drugs last week. On Oct. 10, Ameridose agreed to a temporary shutdown, which has been extended until Nov. 19.
State officials are seeking permanent surrender of NECC’s pharmacy license and permanent license revocation for NECC’s three pharmacists. The state has also started inspecting other compounding pharmacies, one of which has agreed to surrender its license after violations were found.
The Federal Bureau of Investigation (FBI) has launched a criminal investigation and at least three people have also filed personal injury lawsuits, reports USA Today.
Related:
Insight: How compounding pharmacies rallied patients to fight regulation, Reuters.
Harsh punishments rare for drug compounding mistakes, USA Today.
Pharmacy board adopts new rules, The Boston Globe.
Meningitis outbreak nears 400 infected as lawmakers push for tougher regulation, Associated Press/CBS News.
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Homeowners Insurance Tips After Hurricane Sandy
In the aftermath of Hurricane Sandy, many people are assessing damage to their homes, cars and property. Insurance losses across the country are already estimated at $7 billion to $15 billion, while total losses will easily exceed $50 billion. If you are affected, it is important to act promptly. If you made it through the storm with property intact, now is a good time to plan for future hurricanes.
The lawyers at Breakstone, White & Gluck offer these tips:
Contact your insurance company. If you suffered damage, immediately contact your insurance company. Call your agent, or call the company directly. Let them know what damage you suffered, and ask them to send claims forms. If the damage is extensive, you may find it useful to hire a public adjuster to catalog and estimate your damages.
File the claim. Obtain as much supporting information as you can, such as receipts and photographs if you have one. If you did an inventory of your home, that will be useful proof.
Cooperate with the adjusters. A field adjuster will visit your property to assess the damage to your home or your vehicles. Provide any additional information they need.
Understand your insurance policy.Nobody likes reading insurance policies (well, we know a few lawyers who enjoy that, but nobody else), but the policy will spell out the steps you must take during the claims process. Follow those steps to protect your rights in the event of a dispute of the money you are owed. Failure to cooperate or to follow claims procedures may lead to a denial of your claim.
Tree damage may be covered. Standard homeowners insurance policies cover damage if a tree falls on your home or a garage, shed or fence on your property. If it hits a neighbor’s property, then their policy or yours may cover it. If it just lands in your yard, it is likely that you will have to bear the entire cost of its removal.
Beware of Short Statute of Limitations. Contract claims in Massachusetts generally have a six-year statute of limitations. But it is likely that your insurance policy has provisions governing disputes that are much shorter, often just months after the insurance company makes its tender of settlement. If there is a dispute, get legal help quickly!
Make Sure You Are Protected for the Next Big Storm
Inventory your property. Filing a claim is easier if you know what you own and have documented it, including writing a list and taking pictures or a video. Keep a back-up copy of everything in a safe place away from the house. For help, the Insurance Information Institute has online software you can find at www.knowyourstuff.org.
Understand your policy. Have your agent or broker explain key provisions, exclusions, and other options. For liability insurance, consider adding an umbrella. For property damage, consider earthquake insurance.
Know your insurance policy’s hurricane deductible. Massachusetts is one of 18 states which allows homeowners insurance companies to set a specific deductible for hurricane damage.
Consider flood insurance. Flood-related losses are only covered if you have flood insurance. Standard homeowners and renter policies cover damage from wind and wind-driven rain that enters a home. But damage from water on the ground or seeping into a basement is not covered. This will be the main reason many victims of Hurricane Sandy will not have insurance coverage.
In fact, only about 20 percent of homeowners who should have flood insurance actually have the coverage, according to the Insurance Information Institute. Meanwhile the average residential flood results in $30,000 in damage, according to the National Flood Insurance Program. Consumers can learn more at www.floodsmart.gov.
Car Insurance. If you have a comprehensive auto insurance policy, flood damage to your car should be covered. But motorists carrying only liability coverage will not be covered.
Please explore some of our other articles on insurance basics. The policies you have protect you from claims, cover your property losses, and in many cases pay you for damages caused by others who may be underinsured. Usually it is worth the extra cost to have that peace of mind.
Understanding and Buying Massachusetts Car Accident Insurance
What Every Massachusetts Bicyclist Needs to Know About Car Insurance
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Meningitis Outbreak: Over 300 Now Infected, 23 Dead as State Calls for Licenses
State officials have announced they will seek permanent surrender of New England Compounding Center’s (NECC) pharmacy license in the wake of a fungal meningitis outbreak which has infected more than 300 people and left 23 dead.
At a Tuesday press conference, state officials announced they will seek the pharmacy’s license and permanent license revocation for NECC’s three pharmacists. Recent state inspections of the closed-down Framingham facility found dirty and defective equipment and showed the company had failed to follow its own safety tests and properly sterilize tools.
Governor Deval Patrick said a federal criminal investigation has been launched, while Madeleine Biondolillo, director of the state Bureau of Health Care Safety and Quality, said the company had been violating its state compounding license. The facility was licensed to produce medicine with a patient-specific prescription in hand, not manufacture large shipments.
As of this week, 304 people had contracted fungal meningitis or joint infections linked to the injectable steroid produced by NECC, reported The Boston Globe. Testing has found the fungus matches a type found in unopened vials of the steroid shipped from NECC, though they are still investigating how the fungus got into the vials. The injectable steroid is methylprednisolone acetate.
The 23 deaths linked to the defective steroid come from seven states. No one has been reported ill in Massachusetts. But federal officials say as many as 14,000 people may have been exposed to the contaminated drug between May 21 and Sept. 26, when it was recalled. The company went onto recall all its drugs.
The Food and Drug Administration released a list this week of more than 3,000 NECC customers who received products other than the injectable steroid blamed for the meningitis outbreak. They included 215 Massachusetts doctors, health centers and hospitals. The shipments fell within the time frame of when the defective steroids were produced at the facility.
Ameridose, a Westborough pharmacy with the same owners as NECC, has also been closed down since Oct. 10 in an agreement with state officials. It is scheduled to remain closed until Nov. 5 for state inspections.
Related:
- CDC: 10 more people have fungal infections linked to Framingham pharmacy, The Boston Globe.
- New England Compounding did not follow sterility procedures, investigators find; state orders regular inspections of similar pharmacies, The Boston Globe.
- Corrected list of New England Compounding customers includes 215 in Massachusetts, The Boston Globe.
Recalled Bicycles Have Defective Fork
A bicycle distributor has recalled about 12,000 high-end bicycles because the front forks can break, posing a fall and injury hazard.
Specialized Bicycle Components, Inc. of Morgan Hill, California has recalled the bikes in cooperation with the Consumer Product Safety Commission (CPSC). The recalled bikes were manufactured by Kinesis of China. Specialized has received four reports of the front forks breaking. The front fork is the part of a bike which holds the front wheel up and allows the rider to steer. The four reports involved facial fractures, head and shoulder injuries and cuts.
The product recall spans a number of 2008 and 2009 men’s and women’s Global model bicycles. The models come in multiple colors and were sold nationwide at authorized Specialized retailers from July 2007 to July 2012. They sold for between $550 and $1,100. The recalled bikes include:
- Globe Elite
- Gloe Sport
- Globe Sport Disc
- Globe Centrum Comp
- Globe Centrum Elite
- Globe City 6
- Globe Vienna 3
- Globe Vienna 3 Disc
- Globe Vienna 4
- Globe Vienna Deluxe 3
- Globe Vienna Deluxe 4
- Globe Vienna Deluxe 5
- Globe Vienna Deluxe 6
Consumers are advised to immediately stop using the defective bikes and return them to an authorized Specialized retailer for a free installation of a free replacement fork.
Related:
- Specialized Bicycle Components Recalls Bicycles Due to Fall and Injury Hazards, CPSC.
Pedestrian Accidents Surge in September
Two car accidents killed pedestrians this weekend in Lowell and Townsend, the latest in a series of injuries and deaths in the past month.
A 50-year-old Lowell man walking on West Sixth Street was killed early Sunday morning in a hit-and-run pedestrian accident. The previous day, a 57-year-old Townsend man was killed on Wallace Hill Road in that community. On Sept. 9, a 38-year-old man walking with his girlfriend’s young daughter was killed when he was struck by a Dodge Ram pick-up truck in Whitman. The 4-year-old was also hit and survived with serious injuries.
In the past month, pedestrians have also suffered serious injuries in car collisions in Northborough, Salem and Woburn.
When a pedestrian accident occurs, police often respond by increasing traffic monitoring as a signal to drivers that they are watching. When drivers take that message and pedestrians follow the rules of the road, the roads become safer for everyone. The attorneys at Breakstone, White & Gluck of Boston have over 85 years of combined experience handling car accident and pedestrian accident cases. We offer you these tips to stay safe on the road:
Tips for Pedestrians
Sidewalks. Use sidewalks as much as possible.
Understand the law. You have the most protection in crosswalks and intersections with “Walk” signals. Use these as much as possible.
Be patient. Resist the urge to cross the street before a “Walk” signal lights.
Pay attention. Do not talk on your cell phone or text while waiting to cross the street or when walking through traffic.
Wear bright colors. When walking or running at night or in the early morning, consider wearing a neon vest and carrying a flashlight.
Time of day. Be aware of when pedestrian accidents often occur. On weekdays, they are most likely to occur between 4 p.m. and midnight, according to the National Highway Traffic Safety Administration (NHTSA). On weekends, the majority occur between 4 p.m. and 4 a.m.
Shopping areas. Pedestrian accidents can happen in parking lots at shopping areas and schools as well as on streets. Walk slowly and watch for cars pulling out of spaces.
Eye contact. When you are uncertain about what a driver is planning, attempt to make eye contact.
Tips for Drivers
Crosswalks. Pedestrian have the right of way. They have the most protection in crosswalks and intersections with “Walk” signals and green lights. You must stop before the crosswalk and not on it, even if no one is crossing it.
Slow down. Slowing your speed and looking out for pedestrians and bicyclists are the best way to avoid a car accident.
No texting while driving. This is against the law in Massachusetts and reduces your ability to react to other drivers, bicyclists and pedestrians.
Avoid other distractions. Limit distractions, such as talking on your cell phone, grooming and extensive use of the GPS and maps.
Change your travel route. Ask yourself if you can change your travel plans to reduce encounters with pedestrians. Maybe you can avoid school zones when classes are in session or dark roads when runners and walkers may be traveling.
School zones and buses. Drive slowly. In Massachusetts, the speed limit for school zones is 20 miles per hour. Remember you are required to stay 100 feet behind a stopped bus and cars are not allowed to pass other cars stopped for a school bus.
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