Articles Posted in Personal Injury

On average, more than 165 people are killed each year as the result of carbon monoxide poisoning. According to the National Safety Council (NSC), there are thousands more who end up in hospital emergency rooms from the odorless, colorless gas. This dangerous gas interferes with the delivery of oxygen in the blood to the rest of the body. It is produced by the incomplete combustion of fuels. Kerosene heaters, generators and other winter heat sources are a primary threat.

Breathed over long periods of time, low concentrations of CO may also contribute to other illness. Luckily, there are a few simple measures that you can take to prevent these problems and injuries. One of the most common of the preventative measures is to install a CO alarm to detect potentially deadly conditions.

Our Stoughton personal injury attorneys know this dangerous gas can come from many devices we have in our homes. They can include fuel-burning devices such as furnaces, gas or kerosene space heaters, boilers, gas cooking stoves, water heaters, clothes dryers, fireplaces, charcoal grills, wood stoves, lawn mowers, power generators, camp stoves, motor vehicles and some power tools with internal combustion engines. Because CO is odorless, colorless, and otherwise undetectable, people may not know that they are being exposed. The initial symptoms of low to moderate CO poisoning are similar to the flu (but without the fever).
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Ten elementary school children were transported to the hospital after a recent school bus accident on Thomas Landers Road, just a block away from their school.

According to CBS Boston, the accident happened at roughly 9:00 a.m. when a box truck drive into the lane of the school bus. The driver of the bus had to swerve to avoid a collision, but ended up leaving the road and slamming into a utility pole. The electrical wires wound up lying all over the road. Luckily, the bus driver was able to keep all of the kids on the bus until emergency response arrived on scene.

Our Boston bus accident lawyers understand that approximately 400,000 Massachusetts students are transported by school buses annually, according to Massachusetts Health and Human Services.
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Red Bull has been increasingly scrutinized and was the target of investigation after several injuries and fatalities linked to the energy drink. An $85 million dollar lawsuit was filed this month against Red Bull after a man suffered a heart attack and died soon after consuming the product. This is the first wrongful death claim filed for a Red Bull death. As there have been hundreds of ER cases and other suspicious injuries involving the product, the company is also being investigated by the Federal Drug Administration (FDA). Public health advocates are also concerned about the potential risks faced by consumers.

This is another example of a tragic and unnecessary death allegedly caused by a known, dangerous product. Our Boston injury attorneys are experienced in products liability and wrongful death claims. In the event of a fatality, we will review the facts and evidence, identify responsible parties, and take necessary action to protect the rights of victims. We are dedicated to keeping America’s consumers safe and in holding negligent companies accountable.
According to reports, the 33-year-old victim was a construction worker who often drank Red Bill to keep his energy up. Witnesses indicated that he drank a can of Red Bull during a basketball game in 2011. His relatives reported that he was healthy and suspect that his death was related to the consumption of Red Bull.
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Spinal cord injuries can be the most devastating and permanent for victims and their families. While physical therapy and some treatments can improve the quality of life for accident victims, some must suffer a lifetime of incapacity and countless other adversities. New spinal cord research trials may offer hope to accident victims and their loved ones.

For decades, stem-cell research and other treatment trials have focused on improving conditions for spinal cord victims. Our Massachusetts spinal cord injury attorneys are dedicated to helping accident victims recover compensation after a life-altering injury. We understand the gravity of circumstances faced by our clients and will work strategically to protect their rights and financial security after an accident.

A neuroscience professor at Rutgers has focused his life’s work on finding a cure for spinal cord injuries. He is teaming up with an Army captain and West Point graduate who is dedicated his boxing prize money to finding a cure. The men have teamed up for personal reasons and scientific passions in hopes that spinal cord accident victims may one day be able to walk.
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Transvaginal mesh has caused significant harm throughout the United States and there are thousands of patients currently taking legal action against medical device manufacturers due to dangerous mesh. Several of these cases are going forward as representative cases designed to enable the judge to determine how the bulk of the litigation will proceed.

Our Boston transvaginal mesh attorneys know that the outcome of these cases is very important as the outcomes may have a significant impact on how future cases are resolved. Recently, however, a mistrial was declared in one of the surgical mesh cases that was going on in Charleston.

Mistrial Declared in Surgical Mesh Case

According to the Charleston Daily Mail, United States District Judge Joseph Goodwin declared a mistrial in the first of the four transvaginal mesh trials going on in the area.

The cases were consolidated in the Southern District of the federal courts of West Virginia. During the trial, the plaintiff asked a question of a physician from the University of Southern Florida College of Medicine. The witness answered the question by reporting that he took a lot of the mesh out, and that no one sells or implants the product anymore.

The defense attorney immediately objected to the statements, which were described by the judge as both spontaneous and untrue. After the jury was dismissed for lunch, an attorney for the defendant moved for a mistrial and the judge agreed after conferring with the lawyers for several hours.

The judge believed the mistrial was appropriate because it would be too difficult for the jury not to consider the statement made by the physician, even with instructions to do so. In fact, instructing the jury to disregard the statement would, in the opinion of the judge, simply draw more attention to the words of the witness.

Because the jury might be unduly influenced by the statements in favor of the plaintiff, the judge felt as though he had no choice but to declare a mistrial. It was, according to the Daily Mail, the first time in almost 20 years that he had been forced to declare a mistrial in a civil lawsuit.

Because the mistrial was declared, the case will need to begin from scratch again. The new trial will begin on the 29th of July with the selection of a new jury and the judge has cautioned that the witnesses must be cautioned stronger about what they may and may not say in future trials so there are no further problems.

Unfortunately, this delay and the need for a new trial will result in the claim taking longer and thus will result in many plaintiffs harmed by transvaginal mesh being forced to wait an even longer period of time to get the compensation they are counting on.

Many of those patients who have sustained harm as a result of transvaginal mesh have undergone painful surgeries and spent significant sums of money on medical care to treat their complications. The longer the cases take, the longer it will take for these plaintiffs to be repaid for the losses they’ve endured. For those who have been harmed, it is important to speak with an attorney as quickly as possible to get your claim moving forward.
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According to CBC News Health, metal-on-metal hip implants are more likely than traditional hip implants to fail quickly and need to be replaced. In fact, a new report from the Canadian Institute for Health indicated that patients with certain types of metal-on-metal hips had a 5.9 percent chance of needing a second implant within five years as compared with only 2.7 percent of those who have a metal-on-plastic implant.

Our Boston hip implant attorneys know that this only adds to the growing body of research indicating that metal-on-metal products have a high failure rate. Unfortunately, those patients who have a metal-on-metal hip implant may have significant expenses associated with revision surgeries and treating complications. The manufacturers of the metal-on-metal devices should be responsible for covering the costs of this essential treatment.

Metal-on-Metal Hip Implants Likely to Fail

Recently, the Canadian Institute for Health Information released a report on 56,942 surgeries performed throughout Canada from 2003 to 2011. The report looked at all different factors that influenced how long artificial hip implants would last in the body.

The most common types of hip implant products that were included in the study included:

• Metal on plastic implants, which accounted for 23 percent of all implants included.
• Metal-on-metal implants, which accounted for nine percent of implants included.
• Ceramic-on-ceramic implants, which accounted for eight percent of implants included.
• Ceramic-on-plastic, which accounted for five percent of the implants that were included.

The research revealed that those whose hips were replaced by metal-on-metal joints were more likely to be men and were more likely to be under the age of 55. This data makes sense because metal-on-metal hip implants were specifically marketed towards those who were younger and more active since manufacturers said they would last longer and be less prone to breakage than traditional ceramic-on-metal hip replacement devices.

The typical hip replacement devices lasted around ten to fifteen years, and metal-on-metal products promised to change that. The metal-on-metal products were widely embraced and their use peaked from 2007 to 2008 until news of complications began occurring.

As reports of problems trickled in, eventually regulators from the United States, United Kingdom and Canada all issued warnings that the metal parts were wearing off and entering the blood stream, causing potentially devastating complications.

Now, this widespread report related to hip implants has confirmed that not only can these hip implants cause serious side effects but they are also no more likely to last a long time than the traditional medical devices. In fact, there is a significantly greater chance of the metal-on-metal hip implants failing in a short period of time and necessitating a replacement. Those with large-diameter modular metal-on-metal artificial hip implants are at the greatest risk, as are individuals with pre-existing long term medical conditions.

Thousands of patients who have experienced these failures and who have undergone replacements have begun to take legal action against the medical device manufacturers of the artificial hips in order to hold them accountable. If the metal-on-metal hip fails, the manufacturer should be required to pay.
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Our Boston hip implant attorneys know that metal-on-metal hip implants have proven to be very dangerous. Thousands of patients throughout the United States are taking legal action in order to hold DePuy Orthopaedics and other manufacturers responsible for the harm that these medical devices have caused.

However, the problems with these devices are not isolated to the United States alone. Concerns are being raised globally regarding the problems with the metal-on-metal products. In fact, RTE News Ireland recently revealed that the Health Service Executive has ordered a review of all patients who have been fitted with metal-on-metal artificial hips.

Metal-on-Metal Hip Implants Endanger Patients Worldwide

According to RTE News Ireland, there have been approximately 6,500 patients fitted with metal-on-metal hip implant devices. A total of 3,500 of these devices are ASR devices made by DePuy Orthopaedics. The remaining 3,000 of these metal-on-metal devices were made by other manufacturers.

Unfortunately, many of the patients with ASR devices and other metal-on-metal devices have experienced a failure of their hip implant. In fact, in excess of 21 percent of the patients with DePuy devices have had to undergo revision surgery within just five years. When the time period is extended to seven years, the number of patients who have required revision surgery jumps up to 23 percent.

This data on replacements, which comes from the 2012 report from the UK’s joint registry, has prompted the Health Services Exchange (HSE) to conduct its major review of metal-on-metal hip implant patients. As RTE News Ireland has indicated, the HSE’s review follows a similar review launched by the UK’s medical devices regulatory agency, the MHRA, which occurred last year.

The review also comes at a time when DePuy is facing many lawsuits in Ireland, in the United Kingdom, in Australia and in the United States. In fact, DePuy faces more than 600 lawsuits just in Ireland. There are also another 300 cases being taken against the HSE because the HSE purchased ASR joint replacement products on behalf of public patients.

Reviewing Patient Outcomes

To keep better tabs on patient outcomes, a new national database is being created in Ireland called the Irish National Orthopaedic Register (INOR). INOR will be a joint initiative between the Royal College of Surgeons and the HSE and will monitor both the performance of medical devices as well as the activity of medical professionals who perform hip replacements and the institutions where hip replacement procedures occur.

Hopefully, this registry will help to provide further information that will help to keep patient safe. Although those who have metal-on-metal devices have already been put at risk and the registry won’t help them to avoid loss, the registry can identify future problems quickly and can hopefully help people to remain safer in the future.
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State Fire Marshal Stephen D. Coan asks residents and visitors of Massachusetts to set a good example for your children and leave the fireworks to the professionals.

Our Boston personal injury attorneys are urging you to enjoy the many displays of fireworks supervised by local fire departments and conducted by licensed professionals instead of attempting to put on your own shows.

If you chose to have some fun at home, it’s important to make sure that the fireworks you’ve got are legal in the state.

“While fireworks may be purchased legally in other states, it is illegal to bring them into or through Massachusetts,” said State Fire Stephen D. Coan.

In the state of Massachusetts, firecrackers, torpedoes, skyrockets, flares, candles, bombs, wheels, colored fire, fountains, mines, and serpents are all illegal.

Sparklers are still legal though. But remember that they can still be dangerous.

Sparklers light up your Fourth of July with their crackling glow and glowing trail of light. Kids of all ages are in awe of the sparks that fly around Fourth of July celebrations, but these devices are merely wire sticks that are dipped in a mixture of metals and chemicals and set on fire.

Doesn’t sound too safe, does it?

Remember that these pretty little devices can also heat up to nearly 2,000 degrees.

It’s easy for parents to believe that sparklers are safer that ordinary fireworks, but the truth of the matter is that they’re just as dangerous and it’s time to stop overlooking the dangers.

According to the Consumer Product Safety Commission (CPSC), close to 20 percent of all firework-related injuries are actually the result of sparklers. Young children account for a majority of these incidents, too.

Before handing a sparkler to a child or someone else in your family, read over these safety tips and be on your best behavior:

-You never want to hand over a lighted sparkler to another person. Make sure that you give then one that’s not been lit let. If you’re letting a child hold one, make sure that an adult light it.

-Only use one sparkler at a time. You don’t want to intensify the dangers by adding more in the mix.

-Remember that fireworks are still hot long after they’ve gone out. When they go out, confiscate them from children and place them directly into a bucket of water or under a running hose.

-Never allow children to play with any kind of fireworks without the proper supervision of a competent adult.

-Only purchase sparklers from a reputable vendor.

Each year, there are about 200 people who wind up in an emergency room every day during the month around the Fourth of July. Don’t let it happen to you. Be safe and have fun out there. Happy Fourth of July!
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Hurricanes, tornadoes and other weather disasters can be extremely dangerous. As victims of the recent Oklahoma tragedy know, nothing can prepare you for such upheaval. While the consequences of a storm are never predictable, taking precautions in advance can help to prevent injury and to create an environment of survival before, during and after the storm.

Some preparations may include creating an emergency plan, learning how to identify warning signs before a severe storm, and how to monitor tornado warnings. Experts agree that knowing the warning signs can help you stay safe during a storm. Even though tornadoes don’t usually strike the New England region, our Boston personal injury attorneys realize that disaster preparedness can also help prevent injury after storms like Hurricane Sandy.

Businesses, schools, hospitals, nursing homes and other organizations should take necessary steps to prepare for a storm. In addition to creating a safe environment for clients, residents, students, or other occupants, employers should be concerned about the safety of their workers. Creating an emergency plan is a necessary blue print to determine where residents, students or employees should take shelter. It should also outline policies to ensure that individuals are accountable. Depending on the premises, there should be specific procedures to deal with any hazardous materials that could pose an additional threat.

After a storm, there could be additional dangers posed to workers, including electrical lines, sharp debris, heat illness, and the potential injury caused by equipment used during a recovery effort. Portable generators can create the risk of electrocution, burn, or fires. Immediately after a storm, workers should take every necessary precaution to stay safe, whether in an office building, on a construction site, or facing the elements.

Workers who are assisting with recovery efforts may face additional dangers on the job. Unstable premises, electrical hazards, and other unknowns can pose a serious risk to workers involved in recovery or restoration efforts. While employers are responsible for providing equipment, training workers, and providing necessary information to successfully complete a recovery effort, workers should always be wary of latent risks or dangers.

Employers are responsible for the safety and health of workers. Companies should create emergency strategies and give workers the information they need to anticipate any hazards associated with response or recovery after a storm. OSHA has provided information for workers and employers to prepare for a storm. Though storm personal injury cases can be complicated, it is important for victims to have a clear understanding of their rights and recovery options.

In the event of a storm-related workplace accident, victims and their families may be entitled to compensation. Workers who suffer an injury during or after a storm do not need to prove negligence, they only need to demonstrate that they were injured while in the course of performing work-related duties. In addition to workers’ compensation benefits, all storm victims may also be able to pursue third-party claims against negligent individuals or entitles.
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