Articles Posted in Personal Injury

Brain injuries are far too common in the United States, with the CDC indicating that around 1.7 million traumatic brain injuries occur each year as either isolated injuries or with other injuries. Brain injuries can happen in many different situations, from car accidents to slip and falls to military combat. Unfortunately, whenever a brain injury occurs, it can have a profound and devastating impact on the rest of your life.

Our Boston injury attorneys know that brain injury victims may need ongoing medical care and adaptive devices to cope with their injuries. Unfortunately, patients may never fully recover. It is important that every brain injury patient receive the full amount of compensation available from whoever caused the brain injury. This means that when your brain injury has far-reaching physical and emotional consequences, your compensation needs to take these issues into account as well. This includes taking into account depression or other emotional distress or trauma caused by the brain injury or accident.

Brain Injury and Depression Linked
Recently, News Fix reported that researchers at the University of Iowa discovered a potential correlation between depression and brain injury. Prior research suggests that depression may be one complication of a traumatic brain injury (TBI), but the research on this issue is limited.

The Iowa researchers decided to find more data to better understand the connection between TBI and depression. The study involved comparing 91 patients suffering from traumatic brain injury with 27 patients who experienced multiple traumas but whose nerve systems were not involved. The researchers discovered that approximately one third of the patients had clinical depression over the course of the year following their brain injury.

The one-third of patients who developed clinical depression generally had a history of mood disorders and/or anxiety disorders. The percentage of patients who developed clinical depression, in other words, was generally already more prone to mental issues than patients in the control group who had TBI but no depression.

Still, this does not change the facts that there may be a link between brain injury and depression.

Depression Can Change Your Life
Patients who are depressed can have a number of issues, including poor social functioning. Brain scans also revealed that depressed patients have a lower level of gray matter. An estimated 77 percent of patients with TBI and depression also exhibited aggressive behavior and reported anxiety.

These are serious issues and your quality of life can be changed dramatically if you are involved in a car accident or other incident and suffer brain injury. You need to ensure you have full and fair compensation to cover all of your losses – including depression and emotional distress compensation- so that you can get medical help with ALL issues caused by the accident.
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You could potentially have your home insurance rates hiked because of your lovable pup. What’s even worse is that you may even be refused coverage.

According to KLS, many states have insurance companies that won’t cover certain breeds of dog. Agents say that some breeds have a risk that is just too high to be included in home insurance coverage.

Our Boston dog bite lawyers understand that one insurance company’s ad claimed that dog bite incidents accounted for about a third of all liability claims filed. The Insurance Information Institute reports that the insurance industry saw close to $500 million in dog bite-related liability claims in 2011. When you average them all out — each claim costs about $30,000. That’s a number that’s up more than 50 percent in the last decade.

Commonly uncovered breeds:

-Dobermans
-Rottweilers
-Mastiff Breeds
-Preso Canarios
-Pit Bulls
-German Shepherds

-Alaskan Malamutes
And these companies can deny you coverage, even if your own dog has no viscous history. Thank the science behind the statistics.

“Those are the breeds that are more aggressive,” said Craig Densley of Bear River Mutual Insurance.

What people on both sides of the debate agree on is that any breed of dog has the potential to bite.

It’s difficult to determine just how much a dog’s genetics influence behavior, just like it’s hard to know how much of a person’s personality is inherited. It’s true that some breeds simply have more ability to injure people. Though it’s no more likely to bite than a smaller dog, if it does bite, a Great Dane can do much more damage than a Maltese, for example.

Each and every year, there are close to 5 million people who are bitten by a dog in the U.S. According to the American Veterinary Medical Association (AVMA), one out of every five of these victims requires medical attention. Overall, close to 1 million Americans seek medical attention for a dog bite each year. About half of these victims are children.

Dog bite losses exceed $1 billion per year. In the past several years, there have been 30 to 35 fatal dog attacks in the USA annually.

Among children and adults, having a dog in the household is associated with a higher incidence of dog bites. As the number of dogs in the home increases, so does the incidence of dog bites. Adults with two or more dogs in the household are five times more likely to be bitten than those living without dogs at home.

Before bringing a pup into your home, make sure you talk with your home insurance provider. Make sure there are no limitations. It’s also a good idea to talk with a professional, to see what kind of dog is best for your household. Dogs with histories of aggression are inappropriate in households with children.

National Dog Bite Prevention Week takes place during the third full week of May each year, and focuses on educating people about preventing dog bites.
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Boston Scientific was the pioneer in the creation of transvaginal mesh products, releasing its first product called Protegen in 1996. Protegen was released with minimal clinical testing, including as part of its main evidence a three-month study on the safety and effectiveness of the mesh product in rats. Protegen cleared the way for other transvaginal mesh devices, which were released by both Boston Scientific and other manufacturers with minimal FDA oversight or requirements under special 501(K) rules.

Unfortunately, the Boston Scientific transvaginal mesh products, including Protegen as well as subsequent mesh offerings, started causing problems for patients. Our Boston transvaginal mesh attorneys know that hundreds of women experiencing complications sued Boston Scientific back in 2003 and that more women today are attempting to take legal action against the company. Boston Scientific has settled such lawsuits in the past and may be forced to pay again, this time to new victims of transvaginal mesh products that the medical device company has continued to push on an unsuspecting public.

Boston Scientific Transvaginal Mesh Lawsuits

In 2003, Boston Scientific settled 738 lawsuits arising from Protegen. Boston Scientific continued to sell various transvaginal mesh products, however, including the Advantage Fit Transvaginal Mid-Urethral Sling system; the Lynx Suprapublic Mid-Urethral Sling system; the Obtryx Transobturator Mid-Urethral Sling; the Pinnacle Pelvic Floor Repair Kit; the Prefyx PPS Pelvic Sling System, and the Solynx SIS Vaginal Sling system.

Many of these new transvaginal mesh products began causing complications and problems as well including:

• Infection
• Severe pelvic pain
• Discomfort or pain during sexual intercourse.
• Repeated organ prolapse
• Organ perforation
• Urinary issues
• Vaginal bleeding
• Vaginal scarring
• Shrinkage
• Neuro-muscular issues

These side effects of transvaginal mesh were not exclusive to Boston Scientific mesh products but began to occur among many patients who used transvaginal mesh from many different manufacturers. By 2010, for example, more than 4,000 reports of adverse events had been made to the Food and Drug Administration.

With more than 300,000 women estimated to have received transvaginal mesh implants, these complaints may only be the tip of the iceberg. Women have begun to take legal action against the manufacturers of the mesh products, including Boston Scientific.

Currently, there are multiple consolidated lawsuits underway related to vaginal mesh products. Boston Scientific has also faced individual lawsuits from injured plaintiffs. Boston Scientific has tried many tactics to fight these lawsuits, including claiming in one recent Ohio case that the statute of limitations rendered the claim time-barred. This claim was rejected, however, because the plaintiff did not yet know in 2008 that her occasional stress urinary incontinence was related to problems with the Boston Scientific transvaginal mesh device.

As the lawsuits continue, plaintiffs will need to prove that the transvaginal mesh had a problem or defect that directly resulted in complications occurring. The extensive evidence about transvaginal mesh product dangers and the many injuries caused by mesh released by Boston Scientific should be helpful in assisting plaintiffs in making a case that they deserve compensation. Boston Scientific may again choose to settle and resolve cases out of court or a jury may hear the cases and award damages to injured plaintiffs harmed by Boston Scientific’s bad mesh products.
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According to a recent poll, about a third of Massachusetts residents feel that bicyclists, pedestrians and drivers interact with one another safely.

The Metro West Daily News reports that close to 50 percent of these people said that more bike lanes would be more effective in helping to keep these two-wheeled travelers safe out there. About 30 percent support efforts to improve enforcement of existing laws or pass stricter laws.

This survey was conducted just before a series of events focused on the way drivers, bicyclists and pedestrians share our roadways. It was all a part of the “Right of Way” series that kicked off on Sunday.

“As more commuters and hobbyists are leaving cars in the garage, drivers, bikers and pedestrians are forced to share more of our local roads,” said Linda Polach, executive producer of WGBH.

Our Boston personal injury lawyers understand that everyone has a right to be there. And as we start seeing more and more bicyclists and pedestrians out there, we have to raise awareness in drivers about their presence and their vulnerability. The new series will be showing on WGBH and GateHouse Media’s Wicked Local. it will be on air, in the papers and even on the radio. Don’t forget the internet — it’ll be there, too!

In 2010, there were close to 11 pedestrian fatalities in the state of Massachusetts, according to the National Highway Traffic Safety Administration (NHTSA).

There were also close to 10 bicyclists killed in Massachusetts in 2011. These accidents accounted for close to 2 percent of all the traffic accident fatalities. Unfortunately, that’s a number that’s one the rise.

With that being said, you might think that bicyclists have it easy out there since they didn’t see nearly as many fatal accidents as pedestrians. But you’d be wrong. The reason these statistics look as they do is because typically we see more pedestrians than bicyclists. But as the warm season rolls in, that could soon change. More residents and visitors are hopping on two wheels, without worrying about the headaches of maneuvering a motor vehicle on our busy city roadways.

We’re just not doing our part to pay attention. Many times, we rely on others to see us and to always yield to us. The truth of the matter is that we need to be one move ahead of everyone else — ready to elude danger when it strikes.

Officials with Boston University are always working to keep bicyclists and pedestrians safe in the area. Check these posters and promotional publications are now in use at Boston University that are now in use on the campus.

Lastly, we’d like to remind you of Bay State Bike Week: May 11-19.

No matter how you’re traveling out there, whether it’s on foot, with two wheels or in the driver’s seat of a motor vehicle, you’ve got to remember that we’re all out there together. As friends, coworkers, students and Massachusetts family, we’ve got to make sure we’re keeping an eye on each other — especially on our roadways.
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On April 15, Patriots Day, two bombs exploded at the finish line of the Boston Marathon. According to the most recent updates on CNN, there were three fatalities and more than 150 injuries as a result of the explosions. Numerous amputation patients were reported among the injured.

Our Boston injury attorneys understand that there is no current information on who was responsible for setting the bombs. Additional news is still forthcoming and full details on the number of victims and the extent of injuries has not yet been released. No matter who was to blame, the event was a tragic and terrible act of terror.

Boston Marathon Bombing Information

As CNN reported, the two explosions occurred at approximately 2:50 p.m. This was more than two hours after the first of the runners in the race had crossed the finished line. At 7:49 p.m. it was reported that ball bearings were being removed from victims in the emergency room, which indicate that the bombs were potentially designed in order to propel shrapnel. Additional unexploded devices were found at locations throughout Boston, with some indications that the bombs were crudely made. However, a representative from the House Homeland Security Committee indicated that the incidents suggest a sophisticated, coordinated planned attack.

In total, there were an estimated 27,000 runners from all over the world at the marathon today. According to the most recent news reports, the two deaths included one eight-year-old boy. The identities of the victims killed in the bombing have not yet been released. Boston area hospitals are also reporting that many of those who were injured were missing limbs after the explosion. The final count of the number injured is not currently known but some of the injuries have been described as critical.

Following the explosions, rumors began circulating that a suspect was in custody and that cellular telephone service has been shut down. However, there is no confirmation regarding these rumors. In fact, CNN reports that the cellular phone service was simply overloaded and Verizon had indicated that they had not been asked to turn down its wireless service by any government agency. As news unfolds on this tragedy, more information will become available.

President Obama spoke at a press conference at shortly after 6:00 P.M. Monday in response to the tragic events. The President indicated that any responsible groups or individuals will feel the full weight of justice. The House also observed a moment of silence.

As the events of the day unfold, our thoughts and prayers are with the victims of this tragedy. The news reported shortly after the event that the American flag was still flying high over the area of the debris and that runners who had completed the race had run immediately to the hospital in order to give blood in support of the victims. Within hours of the race, so many had given blood that the Red Cross indicated that there was no more need for blood donations.

Those who provided help to the victims and the response from people in Boston and throughout the United States show the strength of the American spirit that no bombing or terrorism can vanquish.
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The New England Compounding Center is allegedly responsible for one of the greatest drug disasters in modern history, causing 53 deaths and making at least 680 other people sick after sending out drugs tainted with fungus, which caused hundreds of cases of meningitis.

The conditions found at the New England Compounding Center were in clear violation of safety standards and the tragic outcome that resulted was enough to send fear through the hearts of every patient depending upon a drug produced at a compounding pharmacy.

Unfortunately, the news for patients is not good. According to a recent Washington Post article, the bad conditions and breached safety standards don’t just exist at the New England Compounding Center. In fact, the article indicated that there were “widespread” safety issues including “dozens of potentially dangerous safety problems.” Our Boston drug injury attorneys know that even one bad compounding pharmacy can cause hundreds of illnesses and deaths. With a widespread problem throughout the industry, the potential implications could be terrible for public health, not to mention patients who are victimized.

FDA Finds Widespread Safety Problems

Although New England Compounding Center was reportedly the compounding pharmacy responsible for making everyone sick, this pharmacy is far from the only one to put patients in danger as a result of failure to fulfill safety obligations. In fact, the FDA’s recent inspections conducted between February and April revealed that there were serious problems at an estimated 30 specialized compounding pharmacies.

The FDA’s investigation of Compounding Pharmacies was prompted by the disaster at the New England Compounding Center and it was the first time that the Food and Drug Administration specifically targeted these special compounding pharmacies. The inspections were considered to be “priority inspections” and the FDA specifically focused on compounding pharmacies that create high-risk sterile products (like those produced at the New England Compounding Center).

These specialty pharmacies are a key part of the multi-billion dollar compounding industry, which has not been very well regulated by the FDA prior to this terrible outbreak. The compounding facilities are not subject to the same standards as drug manufacturers although many of these compounders are masss-producing drugs.

Unfortunately, the lack of regulations and overweight led to deplorable conditions. The FDA investigation, for example, found:

• Mold in “clean” rooms (rooms that were supposedly sterile).
• Rust in clean rooms.
• Tears in gloves that technicians were wearing as they worked in the compounding process.
• Black particles of mysterious or unknown origin inside of seven different vials of an injectable medicine.

These were just some of the many safety problems found at the 30 specialized pharmacies investigated. There may be more problems but unfortunately the FDA is going to have an uphill battle to find these issues before they lead to another terrible outbreak.

The FDA has only limited authority to handle investigations of compounding agencies, with five of the pharmacies initially denying the FDA investigators access to records and facilities during the priority investigations. The FDA did prevail after getting a court ordered inspection warrant. But the agency wants Congress to give it more authority to investigate compounders of high-risk sterile products. Hopefully Congress will act and the FDA will be able to step up enforcement to prevent another disaster like the one caused by the New England Compounding Center.
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Each year, the Boston Marathon is held on Patriot’s Day in Boston. Also called Marathon Monday, thousands of runners from throughout the world will come to the city to complete the 26.2 mile journal that begins in Hopkinton and ends in Boston.

The Marathon is the world’s oldest and this year in 2013 there are expected to be around 27,000 runners.

Our Boston injury attorneys wish all the runners good luck in completing the marathon and we hope that the spectators have a good time at the event. We also urge everyone to remember that there are safety issues for runners and pedestrians and that it is important for those in charge of the event to do everything possible to ensure it runs smoothly.

Boston Marathon Safety Issues
The marathon runners who will be partaking in the famous race have trained long and hard for the event and hopefully will be able to cross to the finish line with no health issues. There will be first responders and emergency personnel present in case anyone involved in the race is hurt in order to provide assistance to the runners.

Those attending the race, however, are also at risk of being injured by the large crowds, by unsafe areas for patrons to watch the race, or in other situations where property owners or organizers may fail to ensure safety. For example, some of the potential injuries that spectators may face include:

• Injuries due to lack of crowd control.
• Injuries if benches or scaffolding are not able to support sufficient weight.
• Injuries due to unsafe buildings along the path of the race. One incident reported by WHDH that occurred in 2011 involved a Babson College student falling five stories through a skylight while watching the Marathon on the roof.
• Injuries if debris is left on the ground in an area where people may be walking.
• Injuries due to negligent police or volunteers on vehicles in the race area. In 2011, for example, the Patriot Ledger reported that a woman was hit by a state police officer on a motorcycle while standing on the sidelines.

These are just a few examples of situations where a person could be injured at the Boston Marathon. If you or a loved one is hurt as a result of someone’s dangerous property or someone’s carelessness while watching the Boston marathon, you may be able to file a claim for damages.

Tips for Staying Safe
While attending the marathon, you should keep some basic safety tips in mind to avoid getting hurt. For example, you should:

• Pay attention to the surface of the ground below you and try to avoid surfaces like areas with loose gravel that could be dangerous.
• Take note of the exits closest to you in case the crowd gets out of control.
• Be careful in choosing where to watch the race from.
• Remain calm if you are in a crowd that becomes out of control.

By following these tips, hopefully you can stay safe and enjoy your time at the marathon this year.
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Our Boston medical malpractice lawyers know that thousands of patients experienced complications after undergoing a hip replacement procedure using the DePuy ASR hip replacement device.

Data indicates that DePuy may have been aware that the ASR model had a high failure rate as far back as 2007, although the company did not recall the hip replacement system until August of 2010. A spokesman for DePuy, however, spoke out in a March editorial published in USA Today and claims that the company acted responsibly.

DePuy’s protestations and its public claims that it did the right thing came shortly after an $8.3 million verdict in the first DePuy hip trial. DePuy was found liable to the plaintiff for damages and had to pay out $8.3 million for the failure of the ASR model hip replacement device that the plaintiff had implanted during her hip replacement surgery. Because the trial turned out so favorably, many other patients are encouraged that they too would receive fair compensation for their injuries caused by the defective hip replacement devices. DePuy, however, continues to argue that the company acted responsibly.

DePuy Representative Speaks Out
The Vice President for Clinic Research at DePuy recently published an editorial on the USA Today in the Opposing Viewpoint’s section. The editorial was in response to a prior article charging that the company had failed to show leadership.

According to the Vice President, the DePuy Hip Replacement device called the Articular Surface Replacement (ASR) hip system had been released on the market after years of testing. The ASR was based on more than 10 years of design with expert surgeons who worked with DePuy to improve metal-on-metal hip implants to provide patients seeking hip replacement surgery another alternative.

This decades of design, the Vice President indicates, produced a product that was cleared for sale by various regulatory agencies throughout the world after rigorous testing. What the Vice President fails to mention, however, is that the device was cleared in the US as a result of a 510(K) program that makes it faster and easier to bring products to market with less testing and oversight.

The Vice President goes on to indicate that the company recalled its product in August of 2010 because it was “the right decision at the time.” The decision was apparently wrong until that time. By then, data from a United Kingdom National Joint Registry report reveal that there was a 13 percent failure rate, leaving DePuy with little choice but to recall.

Again, however, this tells far from the whole story. Court documents revealed that DePuy’s internal testing in 2007 showed a very high failure rate — as high as 40 percent. Yet, despite these internal memos, the company failed to recall the product at that time but instead continued to allow it to be sold to unsuspecting and innocent patients for another three years.

The DePuy Vice President can claim corporate responsibility, but the facts seem to indicate otherwise. The Vice President also references a help line program set up to reimburse patients for medical costs and out-of-pocket costs related to the recall.

However, patients should be aware that the monetary help obtained through this help line program may be far less than what is available in a personal injury lawsuit in court against the manufacturer. Patients should be sure to understand their rights before accepting any settlement from the company in order to protect themselves from a business that has clearly proven not to always be very honest with patients.
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Fresenius Medical Care is the world’s largest dialysis company with more than 2,100 clinics open throughout the United States. Although Fresenius already has thousands of dialysis clinics nationwide, the company continues to grow and expand its reach. In just the past few days alone, for example, Fosters.com reported that a new location had opened more than six months after seeking approval from the state. Nasdaq.com also announced that Fresenius Medical Care had partnered with Heritage Provider Network to prove composite health management for patients suffering form end stage renal disease.

With all of this good news, Zolmax reported that Fresenius Medical Care’s stock had been trending upward with buy or hold ratings from stock analysts. The medical device manufacturer is undoubtedly enjoying both growth and success, as the news shows. Unfortunately, our Boston dialysis malpractice attorneys know that the company has already proven itself to behave in an irresponsible and unsafe manner towards patients. And the company is growing and expanding even as it faces ongoing lawsuits arising from some of its dialysis drugs.

The Ongoing Fresenius Claims
The claims that are ongoing against Fresenius hinge on two products: GranuFlo and NaturaLyte. Both of these medications were used to provide treatment for dialysis patients. Infortunately, providers administering GranuFlo and NaturaLyte were not made aware of the unique properties of this drug and thus mixed an incorrect solution for patients.

Those who were dosed with the drug had a significantly greater risk of developing a problem, and many suffered heart attacks as a result. This increased risk of heart attack was directly caused by Fresenius and by drugs it produced, and thus lawsuits are ongoing to make Fresenius pay the consequences. Especially egregious is the fact that Fresenius knew of the dangers of its products and sent out a warning to its own clinics but did not issue a more general widespread warning to clinics outside of the network — despite the fact that those clinics also were using its product.

Unfortunately, this shows that Fresenius has made some grave mistakes in the past and that it may not have the best interests of patients at heart when it comes to choosing between patients and corporate profits.

So, even as Fresenius grows, expands and opens more clinics, patients who were harmed by the dangerous drugs released by this company continue to fight to seek justice. Recently, eleven of the federal claims that were pending against Fresenius were consolidated in a multi-district litigation in the District Court for the District of Massachusetts. This will allow for the cases to move forward more quickly and to resolve certain issues of fact that can be helpful in plaintiffs obtaining monetary compensation.

Multi-district litigations are different from class actions, which involve plaintiffs hurt by the same thing who suffered similar injuries. Multi-district litigations, on the other hand, involve plaintiffs hurt by the same basic cause — in this case the bad Fresenius drugs — but who are suffering from different medical problems as a result. The consolidated multi-district litigation will allow some of the basic questions to be answered more quickly and give each plaintiff the chance to get a damage award that makes sense for them in their own case.

As this multi-district litigation and other pending cases rage on, Fresenius simply continues to expand. Hopefully, the company has learned its lesson and isn’t putting anyone else at risk.
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Santana Busline, Inc., Springfield-based, has been ordered by the Federal Motor Carrier Safety Administration (FMCSA) to cease unauthorized interstate passenger services immediately. The company was also declared to be a serious hazard to public safety. It was busted for failing to make sure that its vehicles and drivers comply with federal safety regulations.

Our Springfield personal injury attorneys understand that many locals and out of towners have relied on this company. Ir runs its services through Springfield, New York City and Hartford. What we don’t expect when hiring these kinds of companies are to be put at unnecessary risk. We turn to these companies with the thought that they’re working with safe equipment and qualified drivers. Unfortunately, that’s not always the case.

“We won’t allow the traveling public to be put at risk by unsafe bus operators,” said Ray LaHood, U.S. Transportation Secretary. “We will take swift action when we uncover companies that ignore our federal safety regulations.”

Back in October, the company was denied DOT operating authority to transport any passengers on the interstate. It was denied this authorization because of its close affiliation with Santana Xpress, Inc., which was another company that was put out of service by the FMCSA. It didn’t get a good safety rating and refused to pay the civil penalties that accompanied violations.

Earlier this year, in January, Santana Busline was working with unmarked passenger vans. It was those vans that sparked an investigation and it was determined that the company was working without the proper authority and without meeting the minimum federal safety regulations.

Drivers weren’t meeting the hours-of-service requirements, meaning that they were overworked and tired behind the wheel — serving up serious risks for drowsy driving accidents. The company was also busted to allowed under-qualified persons to operate buses and for neglecting to inspect the buses properly. They equipment also was not properly repaired or maintained.

We’ve got to keep busing companies like Santana Busline off of our roadways — our safety relies on it. If you encounter an unsafe company, you’re asked to file a report with the FMCSA.

If you’re planning a trip with a busing company, you should do your homework. Make sure you look into the safety reports of these companies and check to make sure they’re following federal regulations. The lowest fare doesn’t always mean the safest ride. You can check these ratings and other important safety information by using the FMCSA’s Safer Bus App. With this app, users can easily access a bus company’s safety performance record or file a complaint. You can also check a company’s authority and insurance status, safety performance records as well as its safety results.

The SaferBus app is available through the Apple iTunes App store and was developed by the FMCSA for the iPad and iPhone. The app is free. All you have to do is enter the name of a bus company, or the company’s U.S. DOT number or Motor Carrier (MC) number, and you can access information related to that company in the database. This is going to allow you to review information about a company’s safety performance and whether or not the company is legally “allowed to operate.”
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