Posts Tagged ‘Massachusetts’
Medical Device Recall for CooperVision Contact Lenses
Consumers are advised to stop using a second type of CooperVision’s Avaira contact lenses due to a defect that may result in blurry vision and other eye injuries.
On Nov. 16, an unknown quantity of CooperVision Avaira (enfilcon A) Sphere contact lenses were recalled due to the unintended presence of a silicone oil residue.
CooperVision, a Fairport, NY-company, recalled the lenses in cooperation with the Food and Drug Administration (FDA), which states that the silicone oil residue can result in a wide range of symptoms, including eye discomfort, hazy and blurry vision and eye injuries requiring medical treatment. The FDA regulates contact lenses as a medical device.
The recalled lenses were manufactured from Feb. 1, 2011 to Aug. 24, 2011 and distributed from March 2, 2011 to Nov. 15, 2011.
The contact lenses were used to correct myopia and hyperopia and non-aphakic individuals with non-diseased eyes. The lenses may be worn by individuals who have astigmatism of 2.00 diopters or less that do not interfere with visual acuity.
Lens wearers have been instructed to stop using the lenses immediately and contact their eye care professional. They can visit the CooperVision recall website and enter the defective medical device package numbers to determine if their lenses have been recalled.
The medical device recall expanded another in August 2011 for limited lots of Avaira Toric contact lenses. CooperVision said the product defect on that line has been corrected through its quality system process.
Contact lens injuries are prevalent, due to product defect or improper use. They are most common among children and adolescents. In a study published in the July 2010 Pediatrics, FDA researchers reported 23 percent of total medical device injuries in 2004 and 2005 in the U.S. involved children and contact lenses. Children ages 11 and over were the most affected.
Common personal injuries include corneal contusions and abrasions, hemorrhage and conjunctivitis.
Click to read the FDA notice about the CooperVision recall.
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Motor Vehicle Accidents at Massachusetts Police Details
Massachusetts police officers assigned to protect public safety at roadside construction details are increasingly becoming the victims of car accidents themselves.
On Dec. 5, a Peabody police officer was struck by a 1991 Chevrolet pick-up truck while working on a Rte. 1 construction detail. He was thrown over the truck’s hood and transported to Massachusetts General Hospital with serious personal injuries. An initial police investigation found the driver was speeding, but it remains ongoing.
In recent years, negligent drivers have struck police officers on several construction details in Massachusetts and caused life-threatening personal injuries. In June 2010, state police Sgt. Douglas Weddleton was killed while working on a construction detail on Interstate 95 in Mansfield. The driver was charged with operating under the influence as well as other driving infractions.
Police officers are not the only ones vulnerable in construction site accidents. Construction workers as well as pedestrians, homeowners and others nearby are also at risk for injury, especially during night construction.
Drivers have a responsibility to operate with care in construction areas. Here are a few ways to make your travel safer:
Avoid Construction Zones If Possible. When you find a construction project on your daily commute, see if you can find an alternate route until work is complete. For projects in your local community, pay attention to your town’s government website and contact the police department’s business line if you have questions.
Identify Who Is In Charge of Traffic. Detail police officers typically direct traffic on many sites, but other work sites utilize civilian flaggers. The civilian flaggers should be dressed in fluorescent clothing and carrying traffic direction signs.
Give Other Drivers Space. Do not travel too closely behind other vehicles. It can be difficult to anticipate when another vehicle may stop short.
Slow Down. We all want to reach our destinations on time, but once you are stuck in construction traffic, it is best to take a deep breath and be as patient as possible to avoid a car accident.
Keep Your Eye on the Traffic. When there is a lot of activity going on at a construction site, there is a natural tendency to look at the crew and different machinery. But it is important to keep your eyes on the road.
Do Not Stop to Talk to the Detail Officer. Even if traffic volume is low, do not stop and ask the detail officer for help or directions. You are putting the officer at risk and confusing other drivers.
Avoid Construction Work Zones At Night. A large number of car accidents occur during night construction work because drivers are speeding, fatigued, operating under the influence or poor lighting.
Pedestrians and Cyclists. Like cars, it is also important for pedestrians and cyclists to follow the detail officer’s instructions for when to pass.
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Decorating Safely for the Holidays
While it is the most wonderful time of the year, the holiday season is also a prime time for home fires.
In Massachusetts, from 2002 to 2007, Christmas Day saw the second most number of residential fires of any day while Christmas Eve ranked ninth, according to the Office of the State Fire Marshal. The majority of these fires can be prevented with planning and awareness.The Boston injury lawyers at Breakstone, White & Gluck offer these tips to help you and your family enjoy the season safely:
Christmas Tree Watering
- Do not pick up your Christmas tree immediately after Thanksgiving.
- Make sure you have an adequate size tree water stand.
- Learn how much watering your tree needs. In general, you should use one quart of water per day for each stem diameter. Ask your local fire department for more instructions.
- Remove your tree in a timely manner to avoid letting it dry out. Many communities offer special Christmas tree pickups after the holiday.
- Another option is to cut up your tree branches and place them over a garden.
- Do not leave your tree outside unattended overnight for teenagers and vandals to find.
Christmas Tree Holiday Lights
- Keep your tree at least three feet away from flame or heat sources, such as fireplaces and radiators. These pose a fire risk and will dry out your tree faster.
- Never put candles on or near your tree.
- Check your Christmas tree lights for broken bulbs. If one is damaged, remove the whole string to avoid a fire accident.
- Make sure your Christmas tree lights are designed for indoor use.
- Unplug Christmas tree lights when you leave the house or go to bed.
- Check if your Christmas tree lights have been tested for safety by a nationally recognized laboratory. If they have, they will be marked ETL, UL or CSA.
- Do not put too many lights on your tree. Check the box for the appropriate number of strings.
- Place your tree near a power outlet to reduce use of extension cords. Make sure extension cords have been marked UL to show they have been tested.
- If you have an artificial tree, check to see if it has the label “Fire Resistant.”
Holiday Candles
- Use sturdy candle holders with flame-protective and non-combustible shades or globes.
- Never leave burning candles unattended.
- Place burning candles in the center of tables.
- Place burning candles at least four feet away from curtains, bedding and other flammables.
- Keep candles and matches away from children.
- When lighting candles, secure hair and clothing away from candles to prevent injuries.
- If you are lighting multiple candles, make sure you are aware of how much heat they generate.
Bicycle Accidents Rare in Boston Hubway Program, Officials Report
Boston’s popular Hubway bike sharing program will expand into Cambridge and Somerville next spring, providing more opportunities for healthy, environmentally-friendly and fun travel.
Boston’s program, which began in July 2011, is scheduled to close its 60 bike rental stations and 600 bikes this week for the winter. Bikes are expected to be available again next March, weather permitting. At the same time, Cambridge plans to open 20 stations in areas such as Harvard, Central and Inman squares. Somerville plans to open 8 stations including in Porter, Union and Davis squares.
Brookline is also working on adding two Hubway stations at Coolidge Corner and Brookline Village.
Boston’s Hubway program had 3,650 annual members in its first season. The system is partly funded by a $3 million grant from the Federal Transit Administration. It is intended for short trips as an extension of public transit. Annual members who pay $85 per year and those with one-day $5 and three-day $12 memberships can take unlimited rides, but they must return bikes within 30 minutes to avoid incurring additional fees.
Among annual members, the average ride lasted 17 minutes.
As officials close up the Boston program for the winter, they report concerns over an increase in bicycle accidents never materialized. The program saw no serious bike crashes requiring ambulance response and only two bike accidents overall.
But one issue is less than half of Hubway cyclists appeared to wear bike helmets, the program reported. Nearly 75 percent of riders on other bikes wore helmets. The city of Boston has tried to boost bike helmet use by working with 30 bike shops to offer subsidized bike helmets for less than $10.
The Boston bike accident lawyers at Breakstone, White & Gluck urge cyclists to learn Massachusetts bicycle laws. Click here for our guide.
We also urge cyclists to consider purchasing bicycle accident injury protection through their automobile insurance policies. Check your uninsured and underinsured motorist coverage, which provides protection if there is a bicycle accident. This insurance is affordable and can ease the physical and financial recovery after a bicycle accident. Click to read our guide What Every Bicyclist Needs to Know About Car Insurance.
Click here to read an article in The Boston Globe about the Hubway bicycle sharing program.
Click here to learn more about Boston’s Hubway sharing program.
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Defective Products: The 10 Most Dangerous Toys of 2011
As the holidays approach, the lawyers at Breakstone, White & Gluck, PC urge you to shop carefully to avoid dangerous toys.
Each year, companies recall thousands of toys that put children at risk for injuries such as strangulation, lacerations, falls and death. According to the Consumer Product Safety Commission, the 34 toy recalls in fiscal 2011 were a marked decrease from 172 in 2008, but toy-related deaths rose slightly last year, with 17 children suffering wrongful deaths from defective toys.
In 2010, about 181,500 children were treated in emergency rooms for toy-related injuries. Non-motorized scooters continue to cause the most injuries, while toys with small parts and unsafe cords are also involved in many recalls.
Each year, a non-profit Boston organization, World Against Toys Causing Harm Inc., (WATCH) releases a list warning parents about the hazards of certain toys. The toys present hazards for burn injuries, strangulation injuries, and other bodily injury. This year’s “WATCH’s Most Dangerous Toys of 2011,” includes:
1) The Incredible Shrinky Dinks Maker
Potential hazard: Possible electric shock and burn injuries.
2) Sword Fighting Jack Sparrow
Potential Hazard: Possible eye and other bodily injuries.
3) ‘Gigan’ Godzilla Figure
Potential hazard: Possible puncture wounds.
4) Twist ‘n Sort
Potential hazard: Small parts cause a choking hazard.
5) Power Rangers Samurai Mega Blade
Potential hazard: Blade can cause injuries.
6) Fold and Go Trampoline
Potential hazard: Can cause injuries to people using it, including to the head and neck.
7) Pulling Animal Duck
Potential hazard: Potential for strangulation injuries.
8) School Bus
Potential hazard: Choking hazard.
9) Z-Curve Bow
Potential hazard: Danger to eyes.
10) Stepper ‘Low Rise” Stilts
Potential hazard: Head and other injuries from impact.
Halloween Safety and a Warning About One Candy
Halloween is a much-anticipated night for children across Massachusetts, who are excited about dressing up as ghosts and goblins, going trick-or-treating and attending costume parties. Parents have a responsibility to protect children by talking to them beforehand about appropriate behavior and dangers to avoid. Here, the Massachusetts personal injury attorneys at Breakstone, White & Gluck of Boston offer tips to help parents and all adults keep the Halloween experience safe and fun for our youth:
- Never let young children go trick-or-treating without adult supervision.
- Take children for a test run of the trick-or-treat walking route during daytime hours.
- Remind children to look both ways before crossing the street and to utilize crosswalks when possible.
- Parents and children should always walk on sidewalks.
- Children should carry flashlights or glow sticks and wear reflective tape.
- Watch out for trick-or-treaters! Drive below the speed limit in residential areas and do not pass stopped vehicles in the roadway.
- Inspect treats before consumption. Discard all homemade goods and candy that poses a choking hazard.
- At your home, leave candles, pumpkins and lanterns in a place where no one can trip and injure themselves.
- Make sure costumes are flame-resistant and will not cause children to fall or trip.
- Click here for information on safe costumes from the Consumer Product Safety Commission.
A New Warning About One Type of Halloween Candy
A new government warning issued this week caught many by surprise as families prepare for Halloween. The Food and Drug Administration (FDA) reported there is a link between black licorice and an irregular hearth rhythm. If you’re 40 or older, eating two ounces of black licorice a day for at least two weeks could land you in the hospital with an irregular heart rhythm or arrhythmia.
The FDA says black licorice contains the compound glyrrhizin, which can cause the body’s potassium levels to fall. This can trigger abnormal heart rhythms, high blood pressure, edema, lethargy and congestive heart failure.
The good news? Licorice lovers can enjoy their candy in moderation. And if you have ever enjoyed too much licorice and experienced health problems, they are unlikely to reoccur unless you once again eat more than the recommended licorice limit. The FDA says all health complications end when black licorice consumption stops.
Click here for more information about the FDA’s Oct. 25, 2011 warning about black licorice.
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Massachusetts Car Insurance Tips for College Students
Each September, thousands of college students in Boston, Cambridge and across Massachusetts settle into campus life. And many students enjoy the extra freedom of bringing a car from home to school.
But students often make one costly mistake in the transition to college life. Students who have Massachusetts car insurance policies are required to inform their insurance companies about where the car is primarily kept. Otherwise, if there is a car accident, the insurance company might disclaim coverage, leaving the accident underinsured or uninsured completely. Students who fail to report their change of address and get into a car accident can be denied the Optional Insurance coverages on their policy.
Even if a student relocates a short distance, such as from Dedham to a dorm in Boston, he or she must inform the car insurance company where the vehicle will now be kept. The reason? Car insurance companies rate the coverage — and therefore the cost — on where the car is principally kept. If the car moves from a low-rated area (with fewer accidents) to a higher-rated area, the cost goes up. And if you are not paying the premium for the place where the car is principally kept, the insurance company has the legal right to disclaim coverage. And that can be harsh.
Optional Insurance Coverages Potentially At Risk Include:
Bodily Injury: This protects you from claims against your personal property if you cause a serious car accident.
Uninsured Auto: This coverage protects you and the people in your car if the person who causes the motor vehicle accident has no insurance.
Medical Payments: The first $8,000 in medical bills and lost wages are covered under the Personal Injury Protection (PIP), part of the Compulsory Coverage all Massachusetts drivers must purchase. Medical Payments provides policy holders extra protection for medical and health insurance.
Collision Comprehensive: If you are involved in a car accident, this coverage insures the damage to your vehicle.
Insurance issues can be very complicated, and you should not hesitate to call your agent if you have any questions.
Click here to read our article, “Understanding and Buying Massachusetts Car Accident Insurance.”
Another resource is, “Frequently Asked Questions on Auto Insurance,” by the Massachusetts Consumer Affairs and Business Regulation office.
Head Injury Guidelines Begin for Student-Athletes This Fall
Student-athletes in Massachusetts will add a new drill to their warm ups this fall: concussion training aimed at preventing deaths, long-term injuries and disabilities.
In 2010, the state Legislature passed a law requiring training and education for anyone involved in public middle school and high school sports. The Department of Public Health issued guidelines in June detailing the requirements, which include:
- Parents, players, coaches, school nurses, volunteers and others involved in sports must participate in annual state-approved training on how to recognize the symptoms of concussions.
- Schools have a few options for fulfilling the training requirement, including offering training materials at parent meetings and online trainings from the Centers for Disease Control and Prevention and the National Federation of State High School Associations.
- Student-athletes who suffer a head injury must be immediately removed from play and get medical clearance before returning.
- Student-athletes diagnosed with a concussion must have a written plan for returning to the game and the classroom.
- Student-athletes with a history of head injuries must file an injury report before every season.
Across the country, an estimated 136,000 student-athletes suffer concussions in high school sports each year.
Concussions are often referred to as a “metabolic cascade,” a series of changes in which the brain’s nerve cells stop functioning properly and blood flow slows down.
Concussions can occur when athletes collide with other players, equipment or the ground. It is important for people who suffer concussions to reduce physical and cognitive activity. When there is a subsequent injury, concussions can be fatal and result in long term injuries impacting memory, mood and impulses.
Concussions can be difficult to diagnose in part because the effects are not visible on imaging tools such as CT scans or MRIs.
Massachusetts schools are making changes as awareness about concussions increases throughout the sports and medical community. Starting this fall, Ivy League football players are limited to suiting up for two full-contact practices each week. The pending contract agreement will implement new guidelines for National Football League (NFL) players as well.
For more information, click to read this article in The Boston Globe.
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Massachusetts Court Rules Against Insurer in Bad Faith Case – Victory for Consumers
The Massachusetts Appeals Court recently ruled that Metropolitan Property and Casualty Insurance Company may have violated state law when it failed to make prompt payments on a no-fault claim. The ruling reversed a trial court decision, and remanded the matter to the trial court for further proceedings on the plaintiff’s claims against the insurance company for bad faith.
Importantly, the court stated that the emotional distress the plaintiff claims she suffered could be considered as part of her damages under the Consumer Protection Act, M.G.L. c. 93A. There is very limited authority in Massachusetts for emotional distress damages in claims under M.G.L. c. 93A.
The facts of the case were straightforward. Ms. Chery was injured in a car accident and obtained medical treatment. Metropolitan was responsible for personal injury protection (PIP) benefits, but failed to pay the bills within thirty days, as required by M.G.L. c. 90, Sec. 34M. The plaintiff filed suit, claiming violations of c. 90, c. 93A, and c. 176D, which governs claims and settlements. The insurance company eventually paid the bills, then claimed it could not be liable for its bad faith claims handling. The District Court judge agreed and plaintiff appealed.
The Appeals Court agreed that the claimant had no further right under the insurance contact itself, as the bills had been paid. However, the court found that there was evidence of bad faith, and the simple payment of the bills did not cure the harm caused by the delay. Among other things, the plaintiff had to file suit, incur litigation expenses, and suffer the unreasonable delay. The plaintiff also claimed that she suffered emotional distress, as her bills were put into collection, and she worried about her credit being affected. The court specifically ruled that the emotional distress damages, even though not readily quantifiable, may be considered compensable under Massachusetts law.
The case was a victory for Massachusetts consumers.
The case is Chery v. Metropolitan Property and Casualty Insurance Company, Massachusetts Appeals Court No. 10-P-103 (June 16, 2011).
We Help Consumers Who Have Been Injured by the Bad Faith of Insurance Companies
Our firm has a long history of helping consumers with claims against Massachusetts insurance companies for bad faith settlement practices. Massachusetts law can be quite favorable for consumers when an insurance company fails to settle a case when liability is reasonably clear. The court may award up to triple damages, depending on the circumstances of the case.
Please feel free to contact us if you have any questions about claims against insurance companies. Our toll free number is 800 379 1244.
Warning to Massachusetts Residents: Tea Light Candles Recalled Due to Holder Burn/Melt Risk
Over 7 million candles have been recalled due to concerns that the cup holding the candles could melt or catch fire.
The Consumer Product Safety Commission has stated that the defective products, tea light type candles, were sold under the brand names Chesapeake Bay Candle and Modern Light.
The affected candles were sold in Massachusetts and nationwide at retailers such as Home Goods, Target, and Wegmans between July 2009 and February 2011.
The clear plastic cup holding the candles is at risk for melting or igniting during use. There has been one consumer report of the candle’s plastic cup melting during use.