Posts Tagged ‘“personal injury”’
Massachusetts Reaches Final Settlement in Big Dig Tunnell Ceiling Collapse
Massachusetts has reached a final settlement in the Big Dig tunnel ceiling collapse case that caused the wrongful death of Boston resident Milena Del Valle and the injury of her husband.
Gannett Fleming, the company which designed the ceiling, will pay $50,000 to the city of Boston and $1.5 million for maintaining the Big Dig tunnels. Additionally, they will forfeit $150,000 in payments from the Massachusetts Turnpike Authority.
Sika Corp., which made the epoxy glue that held the ceiling in place, has agreed to pay $200,000. This money will go directly into a trust fund that has been designed to fund the upkeep of the Boston tunnel complex.
Two claims were dismissed: those against Sigma Engineering International Inc., a structural engineering company, and Conam Inc., a materials inspection company.
Both were determined to have no liability for the ceiling collapse.
After the tragic accident, resulting from the negligent design and construction of the tunnel, Massachusetts undertook a thorough examination of the tunnel system. The resulting settlements have provided funds that will assist in proper upkeep and maintenance in years ahead.
More Information
AG settles with final two firms in fatal collapse of Big Dig tunnel, Boston Globe, March 27, 2009
Massachusetts Court: Youth Soccer Association Not Liable for Player Injury
When your kids take to the field for a game of soccer, you expect the field and the equipment to be safe, and if not, then you should expect to be able to bring claims on behalf of your injured child. But in Massachusetts, personal injury caused by a falling soccer goal on a field maintained by a youth soccer association does not result in any liability at all.
The facts are straightforward: The plaintiff was 12 years old, playing in a program run by Sudbury Youth Soccer Association, Inc. on a field owned by the association. The goal posts were not properly anchored, and there was no warning that the posts could tip over. The goal did tip over, causing serious injury to the plaintiff. Claims were brought on his behalf.
The soccer association denied liability, claiming the immunity that is provided by Massachusetts General Laws c. 231, Sec. 85V. That statute protects nonprofit sports programs from liability caused by neglience in the conduct of the programs. Liability is limited under the statute to injuries arising from the failure to maintian the real estate. The soccer goals were found by the court to not be part of the real estate owned by the association.
The statute governing the case is just one of many protections in place for volunteer, non-profit associations, and others. Some may argue that programs would be limited if liability were not lmited. The unfortunate victims are often innocent children who have suffered serious injuries.
The case is Welch v. Sudbury Youth Soccer Association, Inc., 453 Mass. 352 (2009).
Landmark U.S. Supreme Court Case Marks Victory for Massachusetts Consumers; Affirms Accountability for Drug Companies
The U.S. Supreme Court’s decision in Wyeth v. Levine on March 4, 2009, represents a resounding triumph for all Americans who take prescription drugs. In short, the Court found by a 6-3 margin that the federal regulations of the Food and Drug Administration (FDA) do not prevent a consumer from bringing a state court product liability claim against a pharmaceutical company that negligently manufactures, distributes or labels a prescription drug. The case preserves the rights of Massachusetts consumers to obtain compensation for personal injuries resulting from defective drug products.
Details of the Case
Diane Levine brought suit against Wyeth Pharmaceuticals after being forced to amputate her right forearm nearly nine years ago. A professional musician, Deborah had suffered from persistent migraine headaches and visited a local clinic for treatment. She was prescribed Phenergan, an antihistamine used to treat nausea. A physician assistant administered the drug by “IV-push,” which caused the drug to come into contact with arterial blood. As a result, she developed gangrene, leaving her no choice but to amputate half of her right arm.
Levine sued Wyeth Pharmaceuticals, claiming that Wyeth failed to adequately warn medical professionals and consumers of the risks of IV administration. At trial, evidence indicated that since the approval of the drug in 1955, more than 20 other patients had suffered from similar amputations. A Vermont jury concluded that Phenergan was a defective product, and awarded Levine $6.7 million to compensate for her devastating injury.
Wyeth appealed the verdict, and argued that because the drug’s label had been approved by the FDA – a federal agency – a consumer such as Deborah could not sue the company in state court. The Supreme Court rejected Wyeth’s argument, and ruled that a drug manufacturer ultimately “bears responsibility for the content of its label at all times.” The FDA’s purpose is to regulate, not to compensate consumers for injuries caused by drugs. “State law remedies further consumer protection,” Justice Stevens wrote, “by motivating manufacturers to produce safe and effective drugs and to give adequate warnings.”
What does this mean for Massachusetts consumers?
The Wyeth decision will make it much harder for drug manufacturers to hide behind a shield of compliance with federal regulations. FDA approval will not provide immunity for a drug company with a defective product. If you are injured by a negligently produced prescription drug, your right to bring a product liability action in state court against the drug company is preserved, and drug companies cannot hide behind a wall of federal preemption.
Another important effect of the decision is that pharmaceutical companies will likely pay closer attention to their labels and instructions, therefore improving consumer protection and safety in the prescription drug marketplace.
More Information
To read the entire decision, click here: Wyeth v. Levine
Contractors Cited in Fatal Quincy, Massachusetts Shipyard Crane Accident
A crane collapse in August 2008, which occurred in Quincy, Massachusetts, caused one wrongful death and three other people injured. After an extensive investigation, the Occupational Safety and Health Administration (OSHA), issued citations to three of the companies involved in the crane
dismantling process. With today’s pressure to underbid competition, many people are wondering if those cost savings mean a compromise of safety on the job site.
At the Fore River Shipyard in Quincy, MA, a giant crane needed dismantling. As is customary, specialty contactors were brought in for the task. Norsar LLC was hired to oversee the process and they subcontracted Sarens to operate the jacking system necessary for the dismantling process. OSHA issued citations for serious violations to both of these companies.
The problem, OSHA representatives say, is that the companies deviated from their original plan and then did not adequately work out the new plan, placing many employees in danger. Originally, the companies planned to dismantle the crane’s 160-foot leg units in two 80-foot parts. Instead, they opted to work with the full 160-foot units, exposing employees to crushing-by and struck-by hazards. Additionally, they failed to minimize employee presence in the danger zone.