Posts Tagged ‘Massachusetts’
Massachusetts Social Host Law: Safety During Prom Season
As prom and graduation season begins, parents are asked to speak to their teenagers about the dangers of drinking and driving.
Anyone under 21 who drinks or possesses alcohol in Massachusetts can be charged criminally. Anyone who furnishes alcohol to a person under the age of 21 can also be prosecuted. Parents who allow underage drinking in their home may be held financially liable
But many people are unaware of their responsibilities under the Massachusetts social host responsibility law. Anyone who provide alcohol to teens and allow them to consume alcohol in their home may face serious consequences, including imprisonment and fines.
“Safety is the most important point in any conversation about drinking and driving,” said Boston attorney David W. White. “It is particularly important that parents have zero tolerance for underage drinking in their homes, and obviously they must not supply any alcohol to minors. Providing even a small amount of alcohol to an underage drinker may result in a large civil judgment if it contributes to an accident.”
White urged parents to intervene to ensure that prom celebrations do not include alcohol and to make sure that prom season does not result in needless injuries or loss of life.
Click here for questions and answers about the Massachusetts social host responsibility law.
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April is Distracted Driving Awareness Month
Text messaging while driving creates a car accident risk 23 times worse than driving while not distracted, according to the U.S. Department of Transportation. This statistic is alarming because while texting behind the wheel is a preventable act, more people than ever are using cell phones while driving, to make calls and text.
Texting while driving is one of the behaviors being highlighted during April’s Distracted Driving Awareness Month: One Text or Call Could Wreck It All. Many states are using the month, sponsored by the DOT, to increase awareness and law enforcement efforts.
In 2010, over 3,000 people were killed in distracted driving crashes. in the U.S. Distracted driving behavior includes texting while driving and cell phone use, but also other activities that take a driver’s attention off the road. This can include: putting on makeup, grooming, talking to others in the car and GPS use. DOT officials ask drivers to consider distracted driving behavior as any behavior that takes your hands off the wheel, your vision off the road or your mind off driving.
But cell phone use gets the most attention. As cell phone users have increased over the years, so have car accidents related to texting while driving and talking on a cell phone. Today, 9 out of 10 Americans own a cell phone and users are getting younger and younger. The National Literary Trust reports 85 percent of children in this country own cell phones, compared to the 73 percent who own books at home.
Some 37 states, including Massachusetts, ban texting while driving. Ten states, D.C., Guam and the Virgin Islands prohibit drivers from using handheld cell phones while driving. No state bans all cell phone use behind the wheel.
Distracted Driving Awareness Month is an opportunity to assess your driving habits. Our Boston car accident lawyers offer a few ways you can reduce distracted driving in the car:
- Do not talk on your cell phone or text message while driving.
- If you are tempted to use your cell phone, keep it in a place you will not answer or check it when stopped at intersections.
- Keep your GPS mounted on the windshield and enter the the address where you are heading before you start your trip. Stop at the side of the road if you need to make adjustments to the GPS.
- If you are using a printed map, familiarize yourself with your route and plan to make stops.
- Keep eating and drinking to a minimum.
- If you are traveling with a child, give them a book to occupy them. If you are traveling with several children, explain how they must behave in the car so you can focus on the road.
- Do not watch videos.
- Do not apply make-up, comb your hair or perform other grooming activities
Related:
- April is Distracted Driving Awareness Month, U.S. Department of Transportation
- The Growth of Mobile Into 2011
- Cell Phone and Texting Laws, Governors Highway Safety Association
Boston’s Hubway Bike-Share Network Now Fully Launched for Year
Boston’s Hubway bike-sharing system returned to full operation Sunday, when over 60 bike stations began offering rentals for the new season.
The New Balance Hubway had re-opened many stations for the spring on March 15. The program began last July, with 61 stations and 610 bicycles. It was widely used with over 140,000 rides logged between July 28 and November 30, when the program ended for the season. One highlight of the season was the program saw no serious bike crashes requiring ambulance response and only two bike accidents overall.
Boston Bikes, which manages the program, is making bike accident prevention and safety a top priority again this season. It has arranged with a number of local retailers to offer discounted bike helmets. Click here for a list.
The program is experimenting with new station locations this year, including the Boston Convention and Exhibition Center, Seaport Hotel and Cambridge Street in downtown Boston.
The Hubway offers $85 annual memberships or two types of casual memberships: $12 for three days or $5 for 24 hours. Rides less than 30 minutes are free with any membership. Longer rides range in prices. Annual members receive a 25 percent discount.
The program is operated by Alta Bicycle Share in partnership with Boston Bikes, an initiative of the City of Boston. It is partially funded by the Federal Transit Administration. Alta Bicycle Share of Portland, Oregon offers similar programs in Washington D.C. and Arlington, Virginia. It has been selected to manage Chicago’s first bicycle sharing program which will launch this summer.
In Boston, there are plans to expand the program into Roxbury, Dorchester, Jamaica Plain and Charlestown, Back Bay and downtown. Nearby, Cambridge, Somerville and Brookline plan to launch 30 stations this year.
Hubway users can find stations by visiting the Hubway website. The website provides a map of bike kiosks.
Related:
Defective Medical Devices Gain Criticism from Consumer Reports
Consumer Reports is stepping into the debate about the medical device approval process, recommending that the Food and Drug Administration require more rigorous testing to prevent defective medical devices from going to market.
The magazine and its advocacy arm Consumers Union wants the FDA to require implants and other medical devices undergo testing to prove they are safe and effective. The FDA began classifying medical devices into three categories in 1976 and stated manufacturers would be required to show clinical data before approval of Class III products, the most at-risk category.
But the FDA routinely clears new medical devices under a process known as 510, in which manufacturers are required to bypass clinical testing if they can show a device is “substantially equivalent” to another device already on the market.
Consumers Reports is calling on Congress to require testing as part of the FDA’s approval process for medical devices. Next, it wants the practice of “grandfathering” high-risk implants stopped. Finally, the organizations seek an improvement to the system for notifying patients of medical device failures.
Currently, the system largely relies on physicians who are supposed to notify patients, but this is a problem when doctors stop practicing.
Without changes to the system, Consumer Reports said patients cannot properly protect themselves.
The magazine highlighted three types of defective medical devices which have caused injuries in recent years:
Surgical Mesh: This device was approved several years ago based on its relationship to a product used in the 1950s, even though the two products were inserted differently and treated different areas of the body. The FDA refused calls to recall surgical mesh, but in January ordered 33 companies to conduct the first-ever post-market safety studies of the product. The FDA is also considering reclassifying surgical mesh into a Class III category.
The Consumer Reports article shares the story of a 54-year-old woman who has undergone eight surgeries to correct her transvaginal mesh complications.
Artificial All-Metal Hips: DePuy Orthopedics recalled its ASR XL all-metal hip implant in 2010 after the FDA received about 400 complaints in two years from patients. The two metal parts were rubbing against each other, breaking and spreading metal particles into the blood stream. Injury reports about all-metal hip implants grew after that, with the FDA receiving more than 5,000 reports about hip implants in the first six months of 2011, according to a New York Times article. DePuy hip implants was estimated to account for 75 percent of those injury reports.
Related:
- Consumer Reports Investigates: Dangerous Medical Devices
- Protect Yourself Against Medical Device Injuries
Recalled Birth Control Pills: Lo/Ovral-28, Norgestrel and Ethinyl Estradiol
Pfizer Inc. has voluntarily recalled certain lots of birth control pills which may contain ingredient errors or out-of-sequence packaging which could have exposed women to a risk for unintended pregnancy.
In January, Pfizer recalled 14 lots of Lo/Ovral-28 (norgestrel and ethinyl estradiol) Tablets and 14 lots of Norgestrel and Ethinyl Estradiol Tablets (generic) for customers in the U.S. market. The defective pills were distributed to warehouses, clinics and retail pharmacies nationwide.
An investigation by Pfizer found that some blister packs may contain an inexact count of inert or active ingredient tablets and that the tablets may be out of sequence. Pfizer recalled the tablets on January 31, 2012, with knowledge of the Food and Drug Administration (FDA). Pfizer said the error has been corrected.
The tablets were manufactured and packaged by Pfizer Inc., commercialized by Akrimax Rx Products and labeled under the Akrimax Pharmaceuticals brand. The medicine is packaged in blister packs of 21 tablets of active ingredients and seven tablets of inert ingredients. Click the link below for packaging numbers involved in the recall.
The product liability lawyers at Breakstone, White & Gluck are reviewing cases for women who have taken defective lots of these birth control pills and have experienced or are experiencing an unplanned pregnancy. Contact us today at 800-3791244 or 617-723-7676 or use our contact form. Read More
Defective Medication Under Scrutiny After Supreme Court Ruling
A recent Supreme Court ruling is limiting court actions by injured patients who have filed claims against manufacturers of generic drugs.
The ruling was issued last year and said generic drugmakers do not have control over their labels and therefore cannot be sued for failing to alert the public. Under the 1984 Hatch-Waxman Act, generic drugmakers were not required to undergo the Food and Drug Administration’s (FDA) lengthy approval process if they could prove the generic drug was equivalent to the brand-name medicine.
In most cases, the Henry-Waxman Act requires generic manufacturers use the same labels as brand-name drugs, with dosing instructions and risks for injury. For this reason, judges have started to dismiss many product liability lawsuits against generic manufacturers while allowing those against brand-name drugs to move ahead.
In a March 20, 2012 article, The New York Times reported that a woman who had received the brand name for an anti-nausea medication had suffered gangrene – or a condition that results in dead or weakening body tissue. She sued the manufacturer Wyeth and won $6.8 million.
Another woman took the generic version of the defective drug, known as promethazine, and had to have her arm and forearm amputated because of complications from gangrene. Her case was dismissed last fall following the Supreme Court ruling.
The Supreme Court ruling comes as Americans are increasingly turning to generic medicines. As prices skyrocket and the economy struggles, many health insurance companies are requiring generics be filled before brand-name drugs. Doctors are required to show medical needs for the brand name over generic.
As a result, nearly 80 percent of prescriptions in the United States are filled generic and most states permit pharmacists to dispense a generic in place of a brand name.
What Can Consumers Do:
Support efforts to change the law. Public Citizen, a consumer advocacy group, has petitioned the FDA to give generic companies greater control over their labels. The move may allow generic drug users to sue. U.S. Rep. Henry A. Waxman, D-California, is also exploring ways to address the issue.
Talk to your doctor. Ask your doctor about the medicine being prescribed, the generic and potential side effects. If you are still concerned about potential injuries, ask your doctor to call your insurance company and request a brand-name.
Research any medication you use. Write down the name of the medicine you are prescribed, the medicine you receive at the pharmacy and research both drugs. Discuss any side effects with your physician.
Consider foregoing insurance. If you are really concerned and can afford the brand-name prescription, consider purchasing it. There are many discount drug programs which may help you reduce your costs. Check with any groups you are affiliated with, including AAA and AARP.
Contact your health insurance company. If the company has required you to use generic medications, ask if it has changed its policy and is now allowing use of brand-name medications.
Related:
Massachusetts Patients’ Bill of Rights and Preventing Medical Errors.
Head Injuries and Concussions Being Tracked Among Massachusetts Student Athletes
More than 330 students suffered head injuries and concussions last fall at 26 high schools in the region, according to a survey by The Boston Globe. This is the first time Massachusetts high schools and middle schools have been required to report injuries under a new state law.
Football accounted for the majority of injuries, with 207 reported head injuries. Girls soccer followed with 85 head injuries, compared with 46 among boy soccer players.
Robert Cantu, a clinical professor of neurosurgery at Boston University School of Medicine, told theGlobe that football is the leading cause of head injuries among student high school athletes nationwide. He estimated that for every concussion recognized in football, 6 to 8 go unreported.
Concussions are a brain injury which can result when student athletes are struck in the head, collide with each other or engage in unsafe play. One recent study has documented how excessively heading the ball in soccer causes trauma to the brain as well. Symptoms can include headache, nausea, dizziness and confusion. Concussions have the best chance for recovery when given proper rest.
In 2010, Massachusetts passed a new law aimed at preventing concussions among high school athletes and protecting them from long-term injury. Since last September, students, parents and coaches have been required to receive annual training on recognizing and treating concussions; students who sustain concussions must obtain medical clearance before returning to play. Schools must report the number of injuries to the state Department of Public Health.
The 26 schools reported 338 head injuries. Marshfield and Newton South high schools reported the largest number of head injuries, followed by Lexington, Duxbury and Wakefield. Some coaches in these districts say the higher numbers reflect the community’s work to educate students and parents.
Some schools have gone beyond the requirements of the law and are utilizing ImPACT testing, a computerized cognitive test used to help evaluate whether a student is ready to return to the field. Some school districts are providing free physicals and staffing a doctor at every football game.
Finally, some athletic directors report their coaches are focusing on safe playing techniques while others are seeking new football helmets for players.
Related:
- Massachusetts Concussion Law
- Massachusetts Baseball Safety
- Massachusetts Interscholastic Athletic Association
Hubway Bike Share Program Returns to Boston
The New Balance Hubway bike sharing program re-launches in Boston tomorrow. Sixty percent of the stations will open, with the remainder scheduled to offer bike rentals by April 1.
Hubway opened last July and had a busy first season with 3,650 cyclists signed up as annual members. The system, which is partially funded by the Federal Transit Administration, is operated by Alta Bike Share in partnership with Boston Bikes, an initiative of the City of Boston.
Cyclists can join as annual members for $85 per year or use the system as casual members and pay $12 for 3 days or $5 for 24 hours. The first 30 minutes of each ride is included in the cost, with riders paying for additional time based on their membership plan.
The schedule for opening bike rental stations could be delayed depending on weather conditions. Hubway recommends cyclists visit the Station Map page of its website to monitor progress, follow the program on Facebook or Twitter or download its free Spotcycle application to their smart phone.
The Boston bike accident lawyers at Breakstone, White & Gluck offer these safety tips for cyclists and drivers to avoid cycling accidents:
For Cyclists:
Wear a helmet. Protect yourself from sustaining injuries in bicycle accidents. Your purchase agreement with the Hubway program also requires it. Riders can purchase helmets when they register for the program. Helmets may also be available at some stations and the program has arranged for a number of local retailers to offer helmets at a discounted price of $7.99.
Cyclists should generally ride to the right of traffic, on the right side of the road. Bicyclists may also operate in bike lanes where available and in the center of the lane. Up to two bicyclists may travel abreast in the same lane. Cyclists are not permitted to ride on sidewalks in business districts and many areas of Boston.
Cyclists should never ride against traffic. They have to stop at red lights and stop signs just like motor vehicle traffic.
For Drivers:
Watch your speed! Drivers should travel at the speed limit or slower when conditions involving other vehicles, cyclists or pedestrians warrant it. Unless posted otherwise, state law requires drivers to travel at 30 mph in thickly settled or business districts and 40 mph outside of these areas.
Drivers should take caution turning to avoid bike accidents. Drivers who are turning left must yield the right of way to cyclists.
Drivers should look before they exit a parked car so as not to injure or impede the travel of a passing cyclist. This is illegal, can cause bicycle accidents and carries a fine of up to $100.
Drivers must have adequate room to pass a cyclist. They must also have enough space before returning back to the lane.
Related:
- Facts About Cycling in Massachusetts
- What to Know if You’ve Been Injured in a Bicycle Accident
- New Balance Hubway Program
- Bicyclists Can Protect Themselves By Buying Extra Car Insurance
- MassBike
Elevator Accident in New York City Leads to Firings, Suspensions
A new report on a New York City elevator accident highlights the importance of safety on elevators, escalators and other equipment that transports the public.
While many elevators and escalators are used daily by large numbers of people, they pose a risk for injury when they are not properly maintained. The responsibility falls on manufacturers to produce safe products and building owners, management companies and city and state inspection officials to ensure machinery is kept up to code.
Elevator and escalator injuries and deaths are more common than the public may know. Each year, elevator accidents result in about 10,200 injuries and 27 deaths in the U.S. Escalator accidents result in about 17,000 injuries and 30 deaths.
One tragic case recently occurred in Massachusetts. In March 2011, a 4-year-old boy was killed after an escalator accident in the Sears at the Auburn Mall, near Worcester. The child was standing on the store’s second floor when he grabbed the moving down rail of the escalator and was pulled through a gap between the Plexiglas divider and the escalator. He fell 18 feet onto a display case.
Investigators later learned that the gap between the Plexiglas and the elevator was 1-1/4 inch greater than code. After an investigation, two state escalator inspectors were fired, six were suspended and 26 others were reprimanded.
In December 2011, two women lost their lives in separate elevator accidents. On December 9 in California, a 48-year-old woman was killed on an elevator accident at Cal State Long Beach. She was killed when the elevator got stuck between the second and third floors and someone tried to help her escape. A 2000-pound car crashed down on her.
Just five days later in New York City, a 41-year-old advertising executive was killed in an elevator accident in a Midtown Manhattan office tower. The woman was killed after she stepped into an elevator which suddenly lurched upward with the doors still open. She was pinned to an elevator shaft between the first and second floor and pronounced dead at the scene. Two other people who were trapped in the elevator were rescued and treated for trauma.
The city released results of the investigation into the woman’s death this week, finding that a maintenance crew had been repairing the elevator and utilized a special jump wire to bypass the elevator’s safety system nine minutes before the woman’s death. They then accidentally left it in place.
The investigation also found two other violations. First, the elevator repair crew never posted a warning that work was being performed. Second, the crew never called the city’s Buildings Department before putting the elevator back in service.
The city has suspended the license of the company from performing maintenance, Transel, which services 2,500 elevators in New York City. The company has fired five mechanics.
Related:
- Transel Elevator Fires 5 After Report on Elevator Death, The Associated Press.
- Escalator fall leads to firings, suspensions, Worcester Telegram.
Car Accident Deaths Rise Among Teens
After several years of decreases in U.S. teen driving deaths, new data shows the number climbed slightly in the first half of 2011.
Car accidents have long been the leading cause of death among U.S. teens, accounting for more than one in three fatalities, according to the Centers for Disease Control and Prevention (CDC). But new preliminary data collected by the Governors Highway Safety Association (GHSA) shows an increase in teen driving deaths as the number of overall highway deaths is declining – as is the number of overall teen deaths. The data was submitted to the National Highway Traffic Safety Administration (NHTSA).
The data shows the number of 16-year-olds killed increased from 80 in the first half of 2010 to 93 in the first six months of 2011. The number of 17-year-olds killed rose from 110 to 118 during the same period.
The nation has not seen an increase in eight years. During that time, many states have passed graduated driving laws for teenagers with a goal of reducing car accident deaths. The Massachusetts Junior Operator Law states drivers under 18 cannot drive with another passenger under 18. The only exception is for for siblings. Teen drivers are also not allowed to drive between 12:30 a.m. and 5 a.m. In September 2010, the Safe Driver Law took effect, prohibiting drivers under 18 from using cell phones while driving.
In a Washington Post article published Feb. 17, Barbara Harsha, executive director of GHSA, called on Congress to provide financial incentives to states which have strengthened teen driving laws and for the NHTSA to work on efforts to reduce distracted driving among teens and increase seat belt use.
A Pew Research Center study showed 43 percent of teens have talked on a cell phone while driving and 48 percent have been in a car with an operator who was texting while driving.
Related: