Articles Posted in Personal Injury

GranuFlo and NaturaLyte were two products made by a drug manufacturer called Fresenius Medical Care. The products were used in dialysis centers operated by Fresenius as well as at other centers throughout the United States.

Unfortunately, the Fresenius dialysis solutions turned out to be very dangerous products that significantly increased the possibility that a dialysis patient would suffer from cardiac arrest. Our Boston injury attorneys believe that Fresenius was responsible for the deaths that occurred due to its defective and dangerous products and we believe that the company will be held liable in the numerous lawsuits that have already been filed.

Lawsuits Filed Against Fresenius
Fresenius products were used by thousands of dialysis patients throughout the United States, all of whom were put at risk. The problem arose because doctors were not warned that GranuFlo contains a substance that converts into bicarbonates when it is in the body. The solution, therefore, was not mixed correctly by physicians to account for the extra bicarbonates. Too many bicarbonates can result in cardiac problems developing, including catastrophic heart injuries and even cardiovascular death.

As a result of the improper use of the dangerous GranuFlo and NaturaLyte products, many patients did suffer heart attacks or experience strokes. Because these adverse medical events can be traced directly back to the bad dialysis solutions, Fresenius should be responsible for compensating victims who suffered.

Lawsuits have already been filed across at least eight different states in order to hold Fresenius accountable for what the company did. The lawsuits were filed in states including Ohio, Texas, Florida and California and all allege dosing errors that resulted from the negligence of Fresenius Medical Center.

The patients who suffered the deaths due to Fresenius who have already filed suit range in their ages from 23 to age 89. All have something in common though: they suffered as a result of the use of Fresenius’ products and some even died from cardiac arrests or strokes.

These initial lawsuits may be only the tip of the iceberg, as many others who suffered from complications due to GranuFlo and NaturaLyte will likely also take legal action or have already begun the process of doing so. When a product is used as widely as GranuFlo and NaturaLyte, it doesn’t just injure a few people but instead injures thousands throughout the country.

All of these plaintiffs normally join together in class actions and/or in multi-district litigations in order to hold the manufacturer of the defective medical product accountable. In fact, on December 12 we discussed a motion that had been filed to establish a multi-district litigation.

Holding Fresenius Accountable
When there are multiple different lawsuits against a single manufacturer based on a single product defect, then the first lawsuit to go to trial is normally very important. This case will be the first to test in court in whether it can be proved that Fresenius is accountable to its patients for injuries. If the trial ends in favor of the plaintiff and a large verdict is awarded, then Fresenius may be much more eager to settle the case quickly and for a fair amount of money for all plaintiffs.

While this can be a desirable outcome for those who have been injured by Fresenius, you should not wait to see how the lawsuits unfold before you take action if you have been hurt. You have only a limited amount of time to file your claim within the statute of limitations and you want to be sure you have a chance to stand up for yourself and to fight to obtain compensation for your own injury or for the loss of a loved one due to the dangerous Fresenius products.
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A 41-year-old man was killed in a recent New England snowmobile accident. According to CBS Boston, he was riding through a park in Auburn with his 9-year-old son when he slammed into a rock. The young boy survived. The father was not so lucky.

“The throttle ended up getting stuck, and they hit a rock and Keith threw himself and Aden off of the snowmobile and Keith ended up landing chest down on a boulder,” said the victim’s girlfriend.

Our Massachusetts snowmobile accident attorneys understand that there are roughly 200 people killed and another 15,000 injured each and every year in the U.S. because of snowmobile accidents. Snowmobiles of today can weigh in excess of 600 pounds and travel at speeds exceeding 90 miles per hour. Riders have to understand the weight and the power they’re dealing with and they have to be responsible drivers to help to reduce the risk of accident. Just like motor-vehicle accidents, multisystem trauma happens frequently with head injury the leading cause of death.

According to officials, the snowmobile in the recent New England accident went more than 70 feet into the air before coming down and landing in a brook.

The young boy is recovering from a broken leg.

Reports indicate that both the father and the son were wearing helmets when the accident happened. The father was familiar with the trail, but was taking his sons on their first snowmobile adventure through the area.

A snowmobile is only as safe as the person operating it. The key to safe operation is knowing your snowmobile, using good judgment and courtesy. There are a number of hazards out there and you can be the most experienced rider, but without exercising safe driving habits, accidents can happen. Make sure you keep safety as a number one priority. In other cases, a trail obstruction or hazardous condition on a property can cause an accident. Such situations should always be reviewed by an experienced injury attorney.

First off, you want to make sure that your snowmobile is topnotch and is in good working order before the winter season. Familiarize yourself with the snowmobile you are driving by reading the owner’s manual. Wear sensible, protective clothing designed for snowmobiling. Whenever you hop on, make sure you’re wearing the proper safety equipment. Make sure you’re wearing a helmet, goggles, a face shield and the proper clothing. You want to make sure your body is protected from ice chips, flying stones, twigs or flying debris.

You also want to be familiar with the area you’re riding and never ride alone. Riding with a buddy is your best bet in making sure you’re safe should anything happen to you.

If you’re riding in the early morning or as the sun sets, make sure you have the proper lighting on your vehicle.

And don’t forget that drowning is one cause of snowmobile fatalities. When you are not familiar with the thickness of the ice or water currents, you want to be sure to avoid these areas.
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The City of Boston knows that snow can come unexpectedly, and unfortunately the wicked winter weather won’t seem to go away. Mayor Menino recently sent out a reminder to residents to be mindful of this weather and the dangers that come along with it. Recently, we were slammed with another storm that left the entire city under a Winter Storm Warning, including snowfall of 6-8 inches in some places.

The heaviest snow was expected from 4:00 a.m. to noon on Sunday. It’s not only the snow that was worrying officials. High winds were also a threat. Forecasters predicted wind gusts anywhere from 40 to 50 miles per hour.

Our Boston personal injury attorneys understand travel is sometimes unavoidable. You should always be ready for this kind of weather and you should have a plan to keep you and your family safe under these conditions.

The Mayor’s Snow Team met shortly before the storm to figure out the best ways to respond. Unfortunately, uncertainty comes with these kinds of weather predictions, so we need to be ready for absolutely everything.

“Our plows are ready to hit the streets tonight, and we’re preparing clean-up operations for Sunday and Monday. I’m asking residents to use common sense, and stay off the roads,” said Mayor Menino.

Officials with Boston Public Works work their best to help to pre-treat the road to keep you from slipping and sliding out there, but you’re asked to avoid driving if possible.

Menino also offers these safety tips to help you and your family make it through this cold madness:

-Avoid driving whenever possible. Utilize public transportation offered here in the city.

-If you’re a property owner, make sure that you sand and salt your stairs, sidewalks and pedestrian ramps. This will help to prevent slip and fall accidents.

-Shovel around hydrants on/near your property. This will help emergency responders.

-Be sure to catch basins near or abutting your property to help Boston’s public safety agencies to protect against flooding.

-Make sure you keep an eye on your friends and family members.

-Be careful whenever walking near buildings or structures that may have falling ice or snow.

-Remember that parking rules are still enforced regardless of weather conditions. Park smart. Don’t block driveways, ramps, crosswalks and don’t park within 20 feet of an intersection.

You should also be cautious of carbon monoxide. This is a tasteless, odorless gas that can be deadly. It’s usually the result of combustion, including space heaters and generators. Officials with Boston EMS have already responded to a number of CO poisonings as a number of residents were shoveling out their vehicles while they were turned on. You’re asked to clear snow and other debris from your vehicle’s mufflers before tuning on your vehicle.
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According to the Official Web Site of the City of Boston, Mayor Thomas M. Menino recently made an announcement of policy initiatives and new planning to help to get Boston residents to prepare for hurricanes and other storms like Sandy.

“The steps that I am announcing…will help make our waterfront and the rest of Boston better prepared to handle future storms and get the city back in business as quickly as possible,” said Menino.

Our Boston personal injury attorneys understand that our area may need to better prepared for storms and natural disasters after a series of hits over the last several years. Menino recently heralded the release of The Boston Harbor Association’s report, Preparing for the Rising Tide. This report discusses and outlines the way our coastline works, its vulnerabilities and the ways that we can work together to try to stop the damages that will be caused by climate changes, and land uses.

Menino is requesting is that his Cabinet speed up the implementation of the new climate preparations mentioned in the City of Boston’s action plan. By the end of the year, the city is going to look over the status of its current preparation activities and look into new ways to help to make sure that Boston is ready for the changing climate.

Currently, there are cities, such as Seattle, WA and Charleston, SC, that are developing “floodable zones” that preserve the city’s access to its waterfront while minimizing damage when periodic flooding occurs.

The Association has also prepped the “Preparing for the Rising Tide” to help those who are building near the coastline to consider these threats. It’s covering threats over the next 10 years.

“It was sobering to realize how climate change is already putting Boston’s waterfront at risk,” said Vivien L, The Boston Harbor Association President.

The truth of the matter is that coastal flooding can be devastating to both infrastructures and buildings. It can damage equipment and can cause public health and environment problems. These issues can last long after the weather has returned to normal.

Consider it this way: The Mass Bay Transit Authority’s Aquarium Station entrance is less than 3 feet above today’s tidal average. It will only take one major storm to cause a disaster. It may need to be moved or raised soon after 2050 to help to avoid frequent tidal flooding.

This report is a reminder that we have to act now to help to protect our communities from the harm that has already been done – and we need to act on emissions reductions to prevent even more catastrophic harm beyond the massive flooding outlined in TBHA’s maps.

Help to protect your home or your business from any of these kinds of problems by educating yourself about the risks and what you and your family can do to help stop it before it’s too late!
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The first full week in February is Burn Awareness Week and is intended to kick off an education campaign about burns that will extend for the year. This year, burn awareness week is February 3- February 9 and the week will focuses on the issue of scalding burns. Scalding, like burns by fire, acid burns and chemical burns, can present a significant danger and can lead to permanent injury or death.

Our Boston burn injury attorneys applaud the efforts of the American Burn Association to educate the public about the serious risks. We encourage everyone to pay attention to public education campaigns about burn dangers and to do everything possible to protect themselves from getting burned.

The Dangers of Scalding Burns
Scalding burns can happen to anyone, but the highest risk groups are young children, older adults and people suffering from disabilities. Both young children and adults have thinner skin and are more likely to experience deeper burns even with shorter exposure to scalding water. Those who are disabled, on the other hand, are endangered as a result of physical, mental or emotional challenges that may make it difficult for them to understand scalding risks or to act quickly to remove themselves from a situation where they are being scalded.

The number of scalding burns that occur each year show clearly how widespread the dangers are. According to the American Burn Association:

• 83,300 children ages 14 and under had to go to the hospital due to burn related injuries in 2003.
• Around 21,000 children were injured as a result of scalding.
• When children under four are hospitalized, scalding is the cause of their injury in 65 percent of cases.
• 1,000 children die every year as a result of burns and fires
• The annual cost of burn related injuries and deaths among children ages 14 and under is $44 million. More than 90 percent of these costs are incurred due to the burns of children four and under

These statistics show that thousands of children are at risk of becoming victims of scalding and other burns. Parents and caregivers must be cautious of potential dangers and do everything possible to prevent scalding injuries.

How do Scalding Burns Occur?
Scalding burns can occur any time a child or adult encounters something that is too hot. Some of the common causes of scalding burns include:

• Food and beverages that are too hot
• Scalding burns from microwaves. Steam released from bagged microwave popcorn or from items cooked in the microwave when Saran wrap/covering is removed as well as the hot foods and beverages prepared in microwaves can all create a risk of a scalding burn.
• Tap water burns. These are likely to occur when the water heater thermostat is set too hot.

These are just a few examples of top causes of scalding burns that parents and caregivers should be aware of to prevent burns in children and the elderly. All adults should also be aware of these dangers to protect themselves.

Injuries from Burns
When you scald yourself, the severity of the burn will depend upon the temperature of the liquid as well as the length of the exposure to the dangerously hot liquid or steam.

• First-degree burns are usually relatively minor and involve damage only to the top layer of the skin.
• Second-degree burns affect both the top layer of skin (the dermis) and the layer immediately underneath (the epidermis).
• Third degree burns involve all layers of the skin and can also cause tissue damage or injure the fat, muscle and bone.
• Fourth degree burns penetrate most deeply into skin, fat, muscle, tissue and bone. Fourth degree burns are often fatal.

For all serious burns, skin grafts may be required and permanent scarring and disfigurement is a common result.
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In any city, there are some buildings that owners essentially abandon or fail to properly maintain. Unfortunately, abandoned buildings put everyone at risk. Abandoned buildings often fall into a state of disrepair and are inviting targets for trespassers who may create dangerous mischief in the empty spaces. Unfortunately, according to 7 News Boston, homeowners in Fitchburg recently found out just how dangerous abandoned buildings can be.

Our Boston injury attorneys urge everyone who is living near an abandoned building to be aware of the potential risk that the building presents. Owners of these buildings who fail to take care of their property should also be aware that they could potentially face legal liability if something goes wrong in their space.

The Dangers of Abandoned Buildings
As 7 News Boston reported, an abandoned apartment building in Fitchburg Massachusetts started on fire on a bitterly cold Friday night. The building was a three story building and neighbors reported that there was always someone in the building although it had been abandoned. The building had been secured, according to the Fitchburg Fire Chief, and there was neither power nor gas supplied to the space. As such, the Fire Chief told 7 News that the fire was suspicious.

The family living next door to the fire was forced to leave their home and firefighters lost the struggle to keep the fire contained after a side wall of the abandoned apartment collapsed. The side wall fell into a neighboring home and the entire house burned down.

Risks Grow in Winter Months
While fires in abandoned buildings are always dangerous, the risks may be even more severe during winter months. As 7 News Boston reports, fire and ice is a dangerous combination because freezing temperatures can freeze water that are used to put out flames.

Further compounding the problem is the fact that firefighters are not able to work outside for as long as they normally can due to the bitter cold temperatures. The ice, which is slippery, also presents a risk of firefighters slipping and falling.

With all of these factors, a fire in an abandoned building could become even more of an issue during wintertime than it is in warmer months. Unfortunately, those who lived near the abandoned apartment and who lost their homes commented to 7 News that they were also forced out into the cold with nowhere to go as their homes burned.

Responsibility for Fires in Abandoned Buildings
Those who lose their homes to a fire that starts in an abandoned building may take legal action against the owner of the building. A building owner cannot simply walk away from his responsibility or his obligations; he has a legal duty to make sure that it does not present a hazard.

Unfortunately, sometimes it can be difficult to find an owner of an abandoned building or the owner may have no insurance, money or assets so getting a judgment against the owner would not be helpful to the victims of the fire since there would be no way to collect on the judgment. In cases where it is not possible to take legal action against a building owner, those who are victims of a fire may wish to consult with an attorney for help identifying other potential responsible defendants or for help in negotiating with their own insurance companies to get the financial support they need to rebuild.
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According to 7 News Boston, landlords in Dorchester may not be complying with laws intended to keep tenants safe. The problem: landlords are not providing sufficient heat within the apartments. This is a serious issue as Dorchester, along with other locations throughout the Greater Boston area, is currently experiencing a serious cold spell.

Very cold weather can cause very serious harm to the body, and children and the elderly are especially vulnerable. Frost bite and hypothermia are two common consequences of exposure to very cold temperatures. Those subject to frigid temperatures could also potentially freeze to death as a result of the extreme weather. Residential fires from space heaters and other secondary heating sources are also a serious risk.

To protect tenants and comply with standards, heat must reach 64 degrees or higher at night time and 68 degrees or higher during the daytime. If a landlord doesn’t provide necessary heat to tenants in his buildings, then the landlord could be subject to disciplinary action. If someone is injured or killed as a result of a landlord’s failure, then our Boston injury attorneys want the victims to be aware that they may also be able to take civil action against the landlord.

Who is Responsible for Injuries in Apartments?
In an apartment building, landlords are generally responsible for ensuring the safety of common areas and can be held responsible if someone is injured in a shared space. Individual tenants, however, are normally responsible for maintaining the insides of their property and avoiding hazards or dangers within their individual units.

However, if there is something that doesn’t work in the apartment- like the heater or any other utilities- or if there are structural problems within the apartment that are putting people at risk, the onus for ensuring safety reverts back to the landlord. In cases where the heat doesn’t work, for example, tenants need only let the landlord know that there is a problem. If the landlord fails to take action to correct the issue, then the landlord is in breach of his legal duty. A tenant (or a visitor to the apartment) who is hurt by the landlord’s failure can then take legal action to obtain compensation for any harm endured.

In the case of the apartments without heat, if the landlord was notified of the insufficient heating and did nothing, then anyone who developed medical problems as a result of the cold would have a solid case against the landlord. In fact, if the landlord was violating safety laws (like those requiring minimum temperatures in the space), it would be easy for the tenants to prove that the landlord was unreasonably negligent since they’d need only to point to the landlord’s breaking the law.

It is a foreseeable conclusion that people in freezing weather would be hurt by the lack of heat, so the injured victims would also have a solid case for proving that the landlord’s negligence was the direct cause of the harm they endured.
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In December of 2012, CBS News published an article warning parents about a surprising risk that their kids are facing: the risk of falling furniture and televisions. According to the article, a report from the Consumer Product Safety Commission had revealed that a record number of children in the United States had been killed in the past year by a TV tipping over.

Our Boston personal injury attorneys want parents to be aware of the dangers that falling TVs and other furniture can present to kids. We also urge anyone having children in their home as guests to provide proper supervision and ensure that TVs and large furniture are secure in order to avoid potential legal liability for the injury or death of a child.

The Dangers of Falling Furniture and Tipping Televisions
In their December article, CBS summarized some frightening data from the U.S. Consumer Product Safety Commission. According to their data on injuries and deaths:

• 43,000 people are injured every year as a result of television or furniture tipping over.
• More than 25,000 of those people injured by a tip-over incident are children.
• Between 2000 and 2011, there were 349 deaths as a result of a television, appliance or piece of furniture tipping over. 84 percent of the deaths were children 9 years old or younger.
• Televisions were the most deadly, as 62 percent of the 349 tip-over deaths were caused by a television.
• 41 deaths, a record number, occurred last year due to tip-over incidents.

Based on this data, an average of three kids are injured every single hour by a tip-over incident. In total, 71 kids per day are injured and one child every two weeks is killed by furniture, appliances or TVs tipping over.

Tragically, many experts indicate that the problem may become even worse in the future. The issue is that many older and heavier televisions are being replaced by newer and thinner models, with the old TVs relegated to bedrooms or basements where they may not be secure. A large TV placed in a child’s bedroom, for example, could be cause for disaster.

Accidents Can Happen, But Safety Steps Need to be Taken Many of the children who are injured or killed in tip-over accidents get hurt as a result of playing nearby the TV or furniture; or because they are climbing on the furniture.

It is up to parents or to individuals supervising the children to make sure that this does not occur. Parents should also ensure that they have anchored their television and that heavy furniture and appliances are attached to the wall or floor so kids cannot get hurt.

Anyone inviting children into his or her home should also be aware of the potential for a premises liability lawsuit or a negligent supervision lawsuit if a child is injured as a result of a television or other item in your home tipping over.
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According to the Occupational Safety and Health Administration (OSHA), winter storms create many hazards for workers and can make it more difficult to perform work-related tasks. As OSHA makes clear, employers are responsible for the safety and the health of their employees and for ensuring a safe workplace. Employers, therefore, need to be aware of and take precautions to deal with winter dangers and must provide warning to their employees of the added risks that winter brings.

Our Boston injury attorneys know that worksites in winter can be dangerous, and that construction sites can present even more of a risk in bad weather. We urge every employer and employee to review OSHA guidelines and to exercise care when engaged in snow and ice removal.

Snow and Ice Removal On Construction Sites
Construction work doesn’t stop in the wintertime, and workers’ may work on remodeling or new builds as well as on needed repairs over the course of the winter. Unfortunately, in order to perform this work, workers may need to walk on slippery pavement. Workers’ may also need to remove snow and ice from construction sites so that they can continue to work. For example:

• A worker that is working on putting a new roof on a building may have to clean ice off of the rooftop before work can begin.
• A worker who is up high on scaffolding needs to be careful both of the potential for ice to form on the ground below the scaffolding and for the potential for ice to form on the scaffold itself.
• A worker can experience overexertion injuries due to removing snow from construction zones.
• A worker can be inside of a building and have the roof collapse due to excess snow on the roof.

These are just some of the ways that snow and ice on a construction site can spell bad news for worker safety.

Staying Safe
To better cope with snow and ice on construction sites, it is advisable to review OSHA’s information on hazards related to snow shoveling and snow removal, as well as OSHA tips for safely walking on snow and ice.

According to OSHA, shoveling snow can place tremendous stress on the body and can put a worker at risk of:

• Exhaustion
• Back injury
• Dehydration
• Heart attack

Ice, on the other hand, could cause a worker to fall when he is walking or working or could cause a worker operating construction equipment to spin out of control.

To minimize the risks of construction site accidents based on either snow or ice, OSHA advises:

• Working slowly
• Keeping your back straight when shoveling.
• Removing only small amounts of snow at one time.
• Wearing winter boots when you are walking on either snow or ice.
• Being on the lookout for any vehicles that could potentially lose traction
• Wearing sunglasses in the daytime to prevent the glare from the snow from blinding you, especially if you are operating construction equipment.

These are just some of the many tips that OSHA provides for avoiding a construction accident caused by winter snow and ice. Workers should be sure to follow these tips next time you go to a construction site on a bad day.

Of course, it is always important to remember that the entity ultimately responsible for any work injury is the employer. This is why employers both need to remind workers of these and other winter safety tips and why employers need to put common-sense safety plans in place for the winter months.
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The dialysis manufacturer Fresenius has become well-known not because of their advanced medical treatments nor because of their effective dialysis products. But rather because of a dangerous medical product they produced called GranuFlo.

Recently, however, Fresenius has been in the news for a different reason. According to Investors Business Daily, Fresenius has expanded their treatment options to offer overnight dialysis.

While our Boston injury attorneys are glad that dialysis patients are now being offered a solution that allows them to keep their days free for family and work, we are concerned about the history that Fresenius has in disregarding the well-being of patients who use these products and medical devices. We hope that night clinics will be properly staffed with fully qualified medical professionals and that the dialysis treatment provided at these clinics will be safe and effective so patients are not put at risk.

Fresenius Offers Overnight Dialysis Option
Fresenius has a vast number of dialysis clinics across the United States and is a leading name in the dialysis industry. According to Investors Business Daily, they have now pioneered a new program of night time dialysis. More than 140 different night time dialysis programs have been established throughout the U.S., including in Weymouth Massachusetts.

Night time dialysis allows for patients to undergo the process of having their blood filtered for waste products while they rest or sleep. This is an alternative to the standard daytime dialysis practices. Traditionally, patients on daytime dialysis will receive treatments three days per week and each treatment will last three to four hours, which can take up a major amount of time for the person who needs the life-sustaining treatment. With nighttime dialysis, however, patients will still go for treatment three times per week but they can undergo the treatment when they are resting or sleeping overnight, leaving their days free.

The process of nighttime dialysis is a little slower, with the dialysis treatment extending over eight hours. This slower process may be a gentler and healthier treatment, allowing patients to have better blood pressure control and better control of mineral levels.

Is Nighttime Dialysis Safe?
In theory, nighttime dialysis should be safe. In fact, because of the slower and gentler treatment, it might even be safer than daytime dialysis. However, in order for nighttime dialysis to actually be safe in practice, it is essential that the individuals undergoing nighttime treatment receive a high level of care. Providers of dialysis treatment at clinics must monitor and observe patients carefully, especially if those patients are sleeping, for signs of a potential problem.

Fresenius, unfortunately, does not have a very good track record of caring for their patients or protecting them. Their dangerous GranuFlo product resulted in many patients experiencing a bicarbonate overdose, greatly increasing their risk of cardiac arrest. This occurred because of doctor confusion about concentration of the product. As if this wasn’t bad enough, Fresenius knew of the danger and they alerted their own clinics in November of 2011 while at the same time failing to take action to warn the general public. Eventually, the dangers of GranuFlo became widely known, but in the meantime, Fresenius was putting more people in danger as doctors continued to dose them with the risky medicine.

Patients should be aware of the dangerous history of Fresenius and should take this into account when considering whether to undergo overnight dialysis treatments at one of their facilities. Whether overnight staff at these facilities have the knowledge and resources to keep patients safe remains to be seen.
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