Personal Injury

July 12, 2012

Summertime Risks for Accidents in Boston

The sun is shining, the heat is here and the pools are now open!

The good news is many pools in the area are opening 7 days a week, according to the City of Boston. Mayor Menino recently made the announcement of 10 city pools that will be open every day of the week for residents to enjoy!

Unfortunately, with more time outdoors and more time in the pool, the risks for accidents are much higher.

The City departments as well as non-profit and corporate partners are working to help to integrate and increase summer programming within the city, to help to make sure that each child resident has an opportunity to do something positive every day of the summer season. In addition to the programs that are being held at community centers across the city, the City of Boston and the Mayor are holding hundreds of city pool parties, movies series, outdoor programs and concerts across the city and in local parks.

Our Boston personal injury attorneys understand that children are out of school for the summer and are looking for a good time. Unfortunately, many of these good-time activities involve some serious risks for accidents, especially with the heat we’ve seen in recent weeks. We’ve seen temps in the upper 90s! For that reason, it’s important you do your part to help you to keep our little ones safe in the summer heat and when playing in and near the pool. Unfortunately, heat injuries are likely for children when we’ve got weather this hot. It only takes a few minutes for them to endure a heat illness. This happens when the heat quickly increases your body temperature beyond its comfortable 98.6° F.

“Now we are also making our City pools accessible to residents 7 days a week, for the first time ever, for anyone who wants to cool off from the summer heat,” said Major Menino.

If you’d like to know what’s going on in your neighborhood, you’re urged to check out the Find Your Summer website. But before you do though, we’re asking parents, guardians and childcare providers to review the follow safety tips to help make sure that everyone is safe during this summer season.

Summertime and Pool Safety Tips:

-Make sure everyone is well hydrated. Drink plenty of water.

-Make sure that you use your sunscreen!

-Never allow children to swim unsupervised.

-Keep a cell phone near you at all times in case of an emergency.

-Consider outdoor activities early in the morning before the heat swoops in.

-Never stay out in the sun for too long.

-Never push others into the pool.

-Teach children to float or swim as soon as possible.

-Avoid drinking and swimming or hanging out in the heat.

-Keep electronics away from the pool and away from other water sources.

-Keep rescue devices and first-aid supplies nearby.
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July 10, 2012

New England Fireworks Accident Injures 11, Including 5 Children

by Jeffrey S. Glassman

Before we kicked off this year’s Independence Day festivities and fireworks displays, our Boston personal injury attorneys warned residents and visitors about the dangers that come with fireworks. We also offered some simple safety tips to help to prevent related injuries. Each and every year, thousands are injured by these lights in the sky. Most of the accidents happen around the Independence Day holiday. This year’s celebration was no different as a fireworks accident in New England wound up injuring 11 people, including 5 children.

According to the Boston Globe, both an 8-month-old and a 2-year-old were sent to the hospital and treated for some serious burns when some of the family’s fireworks were accidentally all set off at once during one of the areas Fourth of July residential celebrations. The explosion wound up engulfing the family’s back deck in flames.

According to accident reports, it all happened when a wayward firework accidentally flew right into the main supply of the family’s fireworks causing them all to ignite. Witnesses report that the explosion rumbled the entire neighborhood and sent a ball of fire into the air.

“The whole thing went off like a bomb,” said Skip Harrington, mother of the 2-year-old who was seriously burned in the accident.

The child was playing near the fireworks when the accident happened. The child was reportedly covered up in flames. Luckily, mom was nearby to swoop in and help to save the child before it was too late.

The young child was induced into a coma at the hospital so that doctors could work to treat his injuries. There was one firework that would up lodging itself into his arm. Medical officials say he’ll be in the hospital for at least a month because of these injuries.

Also injured in the accident was the child’s 32-year-old mother. She was only recently released from the hospital, but continues to wait by her child’s side.

According to a spokesman for the family, the 2-year-old is the only family member that remains in the hospital. All others were treated for their burns and have already been released.

The two children who suffered “significant burns” in the accident were both airlifted to Boston to the Shriners Hospitals for Children.

Investigators have yet to pinpoint the cause of the accident. All they know is that there were fireworks going off when the explosion happened. The state fire marshal, J. William Degnan, says that the explosion is still being investigated.

Authorities are looking into the fireworks that were involved in the accident to see if any fall under the list of banned fireworks in the state.

Officials with the local fire department say that they’ve confiscated a number of fireworks from the family’s home. This fireworks display was an annual hosting and elaborate event that oftentimes drew in dozens of onlookers.
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July 5, 2012

Food poisoning in New England – NYC Listeria Outbreak Illustrates Dangers

by Jeffrey S. Glassman

A recall of fresh cheese in the New York City metropolitan area stems from concerns that it may be tainted with Listeria.

Our Massachusetts food poisoning lawyers understand that the announcement came recently from New York State Agriculture Commissioner Darrel Aubertine, who said that while no illnesses have been reported, listeria is a dangerous organism. Failure to recognize and treat it can result in personal injury or even wrongful death.

It stems from a routine inspection from the Division of Milk Control and Dairy Services back in late June at the Woodhaven wholesaler, Mexicali Cheese Corp. on 87th Street. The manufacturer was notified that the test results preliminarily came back positive. The manufacturer in turn voluntarily recalled the cheese.

The cheese is packaged in a hard, plastic tub with the plant number 36-0128 and a code of 071512. All packages with these codes are affected, and they would have the following product names: Acatlan Queso Fresco, Fresh Cheese, Mexicali Queso Fresco Mexicano and Mexican Style Fresh Cheese.

While there haven’t been any reports of illness, Listeria can be fatal. Formally, it’s known as Listeria monocytogenes. It’s a bacteria that occurs in contaminated food.

As with almost any food borne illness, those primarily affected are pregnant women, newborns, older adults and adults who have weakened immune systems.

For example, a newborn can become sickened with Listeria poisoning, known as listeriosis, if his or her mother consumed it while pregnant. If you’re healthy, you may be able to eat a food contaminated with Listeria and never even know it or display any symptoms of illness.

It’s these risk groups, however, who must be especially cautious.

If you’re pregnant, you might experience some flu-like symptoms, according to the Centers for Disease Control. But these infections can lead to premature delivery, miscarriage, stillbirth or a life-threatening infection of your baby.

Those who aren’t pregnant are generally going to experience fever and muscle aches. If it’s serious, it will involve headaches, stiffness in your neck, confusion, dizziness and convulsions.

According to the CDC, certain foods are particularly prone to Listeria contamination – most of them raw. These include processed meat (think deli meat or hot dogs), soft cheeses and smoked seafood. Unpasteurized milk and cheese are among the most likely foods to contain the bacteria.

Listeria is usually killed in the cooking process, but if you should know that when you consume certain ready-to-eat foods, your chances of getting spike because contamination can happen between the food being cooked in the factor and being processed. Plus, unlike a lot of other bacteria, Listeria can thrive in your refrigerator.
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July 3, 2012

Happy Fourth of July from our Boston Personal Injury Attorneys

by Jeffrey S. Glassman

“Even though fireworks are illegal in Massachusetts, unfortunately every Fourth of July we usually see at least a few fireworks-related injuries,” said Dr. Paul Biddinger with the
Massachusetts General Hospital.

The bottom line is that fireworks are dangerous, even sparklers. Unfortunately, there are still thousands of people who are injured in firework-related accidents in Boston and elsewhere. In 2011, there were more than 9,000 people who were injured in these accidents. Another 4 people were killed by fireworks during the year. About 70 percent of these accidents occurred during the 30 days neighboring the Fourth of July. This year, residents are asked to be safe, be cautious and to leave the firework displays to the professionals.

Our Boston personal injury attorneys understand that Massachusetts’ state law forbids all private citizens from having or using fireworks. In the state it’s also illegal to transport legally obtained fireworks, this means into or out of the state. Because of these laws, the rate of related injuries and hospital visits resulting from fireworks is nearly 5 times lowers than the country’s average, according to the Boston Globe.

According to the U.S. Consumer Product Safety Commission (CPSC), most of the injuries from fireworks each year are caused by sparklers, accounting for nearly 20 percent, and firecrackers, accounting for another 15 percent. About 25 percent of all of these accidents and injuries occur to individuals who are under the age of 15. Regardless, people of all ages should be careful when they’re around fireworks. Accidents happen when people aren’t paying attention.

“Consumers need to heed our warning: fireworks related incidents, especially those involving illegal fireworks, can be fatal,” said CPSC Chairman Inez Tenenbaum
If you’re venturing out on a Fourth of July vacation and your plans include fireworks we’re asking you to be safe, to be responsible and to use common sense. To help you, we’re offering you some firework safety tips from the CPSC.

Firework Safety Tips:

-Young child should never be allowed to handle fireworks.

-Never purchase fireworks that come in a brown paper bag. This is a sign that they may have been made for professional firework displays and ultimately could be very dangerous for you.

-Never place any part of your body directly over a firework device when lighting it.

-If a firework doesn’t light don’t attempt to relight it.

-Never point or throw fireworks at anyone.

-Always keep water nearby, whether from a hose or in a bucket.

-Never shoot fireworks off from a metal or glass container.

-Never use fireworks in areas where they’re illegal.

For a list of firework displays in and near the Boston area, you can visit the Boston Central website. Many towns celebrate on different dates and at different times, so it’s easy to find a display to fit your schedule.
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June 18, 2012

Oral Contraceptives & Risk of Dangerous Medical Products in Massachusetts

by Jeffrey S. Glassman

If you’re taking birth control pills you might want to listen up! A number of studies have concluded that there are complications that can stem from YAZ, Yasmin and Ocella birth control pills.

According to some researchers, these pills have progestin drospirenone in them, which has previously been linked to venous thromboembolic events. Some of these events have been ischemic stroke (CVA), myocardial infarction (MI), deep vein thrombosis (DVT), pulmonary embolism (PE) and even heart attacks.

Both YAZ and Yasmin are products of Bayer AG. Ocella. Bayer AG. Ocella is the generic product of Yasmin and is distributed by Barr Laboratories. If you’re taking any of these pills, you may be increasing your risk of injury by a dangerous pharmaceutical product.

Health complications from oral contraceptives can have some lasting effects and can even be deadly. Be cautious, be careful and look into your medications and contraceptives before taking them!

In addition to using these pills as contraceptives, many woman take them to treat osteoporosis, menopause and moderate acne. As of April of 2012, Bayer AG has already dished out more than $140 million to patients who claimed that YAZ or Yasmin has cause blood clots. Blood clots can cause some serious complications with your health and can even kill you.

Our Boston medical malpractice attorneys understand that some experts believe that Bayer has dished out even more for health complications resulting from its products. According to Richard Vosser, an analyst with JP Morgan Chase & Co., the company is believed to have already paid close to $3 billion to resolve various lawsuits against Yasmin and YAZ. There have already been about 500 lawsuits involving a number of injuries, most commonly blood clot injuries, which have been resolved. This doesn’t even account for half of the lawsuits against the company as many are awaiting a resolve.

There have also been a number of cases in which patients have claimed that the contraceptives have caused them gall stones and/or gallbladder damage. The company says that these claims are untrue and are not linked with their product.

Back in April, the U.S. Food and Drug Administration (FDA) ordered both Bayer and the makers of other contraceptives that had drospirenone in them to beef up their warnings. The FDA wanted the companies to better inform patients about these products and their risks for blood clots and other serious health problems. According to researchers, the drug drospirenone can increase a patient’s risk for blood clots by nearly three times.

In the last couple of years, there have been more than 10,000 lawsuits against YAZ that have been filed in federal courts. Each of these lawsuits alleging product liability. Women over the age of 35-years-old who have a history of serious medical issues or smoke are among those who are most at risk of developing complications from taking YAZ and other oral contraceptives.
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June 10, 2012

MBTA Accidents: Boston Seeing Increased Ridership?

by Jeffrey S. Glassman

Throughout the month of April, ridership totalled nearly 1.5 million per weekday. That’s the third month in a row in which the ridership has been more than 1.3 million and the 15th month in a row in which we saw increased ridership, according to the Boston Globe.

As the number of riders continues to increase, so do the risks for MBTA accidents in Boston and the surrounding areas. Although many residents use the MBTA ride each and every day, sometimes riders can become complacent and forget to practice safe traveling habits.

From April of 2011 to April of 2012, we saw a near 5 percent increase in ridership across the entire Massachusetts Bay Transportation Authority (MBTA) system. During this time, weekday bus ridership reached more than 400,000 as well. This is the first time we’ve ever see bus ridership go beyond 400,000 for two consecutive months.

Our MBTA accident lawyers understand that one of the main reasons for the increase in ridership may be because of the availability of real-time MBTA arrival information for MBTA buses. Through this technology, riders can access apps and websites regarding the T and where their rides are in the palm of their hand, through their smartphones. These new apps were built by independent developers and help to alert riders about the location of their bus or train and when exactly it will arrive. These apps help to alleviate a lot of the confusion and the rush throughout our MBTA system. Informed travelers are prepared travelers.

“With help from a lot of innovative developers, we continue to build on the previous achievements of our trail-blazing open data initiative,” said MBTA General Manager Richard Davey.

With all these riders, it’s no secret that the T is a popular way for both residents and visitors to get around town. Again, we’re asking riders to be cautious when riding the MBTA’s buses, trains and subways. While they’re awfully convenient, they can be awfully dangerous, if you’re not careful that is.

“More than a hundred thousand smart phone users have downloaded apps that provide arrival time information for more than 180 MBTA bus routes,” said Jonathan Davis, MBTA General Manager.

Increase in Ridership:

-More than an 8 percent increase on the Green Line.

-Nearly 4 percent on the Blue, Orange and Red Lines.

-Ridership on commuter boats was up nearly 12 percent.

During the month of April, officials with the MBTA also voted 4-1 to raise most of our subway fares by about 30 cents. Bus fares were voted to be raised by 25 cents as well as a hike in commuter rails by about $1.25 starting in July. This is the first fare increase by the T in the last 5 years.
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May 23, 2012

Fatal Accidents in Boston and Elsewhere Rank State in Third Place

by Jeffrey S. Glassman

According to a recent study from the Robert Wood Johnson Foundation and groups with the Trust for America’s Health, the state of Massachusetts ranked third in the nation for injury prevention measures. Our state had some of the lowest fatality rates, sitting at about 41 deaths per 100,000 residents resulting from fatal auto accidents in Boston and elsewhere every year. The national fatal injury rate sat at nearly 60 per 100,000 residents.

Included in this report were a number of injury prevention policies that states could enact to help to reduce the number of fatal accidents, according to the Boston Globe. Some of these prevention strategies include strict drunk driving laws, seat belt laws and other regulations to help to prevent domestic violence. Our state was proud to check off 7 out of the 10 recommended policies. Only New York and California ranked higher than us, both being able to check off 9 out of the 10 recommended policies.

Our Boston personal injury attorneys understand that our state has a good number of laws in place that help to reduce the risk of injury. It’s up to residents and visitors to abide by these laws for them to actually work. Some of the laws that our state already has include requiring bicyclists under the age of 16 -years-old to wear a helmet, requiring all motorcyclists to wear a helmet on our roadways and requiring all child passengers under the age of 8 to be placed in the proper child seat.

We did lose some points though. We got some marked off for still having our seat belt laws as secondary enforcement. Officers are not allowed to pull over a driver just because they don’t have their seat belt on. They have to be breaking another road law before they can be pulled over and cited for not wearing a seat belt.

Massachusetts was however, praised for our laws and regulations to help to prevent and to manage concussions, to keep an eye on prescription drugs and to help to prevent accident overdoses and to make it relatively simple to file and complete a restraining order against a partner who has been deemed violent. Still though, many officials say that there’s a whole lot more that could be done and we need to continue working our way to the number one spot as the safest state in the country.

During the summer season, students are out on summer break, families and residents are venturing out on summer vacations and millions of tourists are heading to the area. Make sure that, no matter what you do, you keep safety as a number one priority.
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May 20, 2012

Dog Bites in Boston and Elsewhere Costing Insurance Companies Nearly $500 Million in 2011

by Jeffrey S. Glassman

Dog bite injuries in Boston and elsewhere are more common than you may think.

According to State Farm Insurance, it paid our nearly $110 million for these kinds of claims in just 2011. The year before, it paid out about $90 million. Experts are now trying to figure out why the increase, of nearly 4,000 claims in 2011 from 3,500 in 2010.

Nationwide, insurance companies dished out about $500 million in homeowners insurance claims for dog bite injuries in 2011, according to U.S. News.

Our Boston personal injury lawyers understand that there are more than 4.5 million people who are a victim of a dog bite every year. And those are only the ones that are reported. Experts say that about half of the bite victims are children. Nearly a million of all victims seek medical attention for the treatment of these bites, according to the Centers for Disease Control and Prevention. Nearly 20 die from these attacks every year, too!

Kids between the ages of 5- and 9-years-old are the most likely to be bitten by a dog. After this age group, seniors and then letter carriers make up the most at-risk group. Over the last two years, nearly 6,000 employees with the U.S. Postal Service were attacked by dogs.

To help to raise awareness about these kinds of accidents, the third week of May has been dubbed National Dog Bite Prevention Week. During this time, safety advocates and organizations nationwide work to educate residents about the risks for dog bite accidents. In most cases, dog bite victims are bitten or attacked by dogs they know, like the ones in their own household or dogs of neighbors, close friends and even family members.

Dogs can bite for a number of reasons, including health, training, socialization, heredity and the behavior of those around them.

The state of Massachusetts has one of the best laws for protecting the victims of dog bite injuries, especially child victims. The owner of a dog is strictly liable for dog bite accidents unless the victim was tormenting, trespassing or abusing the dog prior to the bite. Children under the age of 7 are presumed innocent, according to Dog Bite Law.

Residents are urged to be cautious near dogs. Some may not look dangerous, but looks can definitely be deceiving. Be careful when you’re near a dog of any kind. Allow them to sniff you before petting them. Never bother a dog while they’re eating, sleeping or caring for their young. Always treat a dog as if they could strike at any time. Be calm, careful and cautious to reduce your risks of a dog bite injury.
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April 24, 2012

Defective Products in Brockton: CPSC Highlights Concerns

by Jeffrey S. Glassman

It’s important for parents, homeowners and families to check the U.S. Consumer Product Safety Commission‘s (CPSC) recall list frequently to help to eliminate dangerous and defective products from your home.

Our Brockton injury attorneys are here to help keep you up to date on the latest recalls. Staying in the know can help to prevent a potentially fatal accident from one of these products. Here are some of the latest recalls from the CPSC.

Bike Brake Levers Recalled by Specialized Bicycle Components Inc.:

Nearly 1,000 bicycle brake levers have been recalled because the adjuster cap and brake cable can slide out and stop the brakes from working. This malfunction can cause the rider to lose control of the bike and potentially crash. The company has only heard one report of this happening. The brakes levers that have been recalled are the Tektro TL-83 brake levers. They were sold only for bikes with aerodynamic handlebars that were sold from 2010 to 2011 on the S-Works Shiv and the S-Works Shiv TT. If you have one of these levers, please stop using it and contact the company at (877) 808-8154.

Gas Grills Recalled by One Work Technologies:

Nearly 90,000 of these STOK gas grills have been recalled because it has been discovered that the grill can leak propane gas. The leaking of this gas causes an extreme risk for fire and burn hazards. There have already been nearly 600 reports of leaking gas. No injuries have been reported so far. STOK Island and STOK Quattro gas grills fall under this recall. The word “STOK” can be located on the cover of the grill as well as on the bottom of the grill stand. The recalled grills have regulators on them with the model number “AZF” on the front and a date code between 1046 and 1143 on the back. These grills were sold at Home Depot stores and Direct Tools Factory Outlets across the country from March of 2011 through February of 2012. If you have one of these items, contact the company by calling (800) 867-9624.

Battery Chargers Recalled by Sakar International:

Nearly 50,000 battery chargers have been recalled by Sakar International Inc. because the plastic screw on the back of the packs can come loose and can cause the device to separate. This separation can expose users to risks of electric shock and electrocution. This recall involves item numbers CH-1600S and CH-1600-RS which are identified with the date code MID#: 0801110. The items were sold at RadioShack, Ocean State Jobbers, Lot-Less and Cobra Digital from January of 2011 through February of 2012. If you have one of these items, please contact the company by calling (877) 397-8200.

Parents and families are urged to review the recall list from the CPSC to make sure that there are no dangerous items or defective products in your household. Staying in the know can help to drastically rescue your risks of injury. Stay safe and stay informed.
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April 16, 2012

Prevent Injury in Boston during the 116th Edition of the Boston Marathon!

by Jeffrey S. Glassman

Today is the 116th edition of the Boston Marathon!!!

Runners are heading to Coplet Square, more than 26 miles from the starting point at Hopkinton. If you’ve been outside you already know it’s a hot one out there and both runners and spectators are urged to be cautious in the heat and to stay hydrated.

Boston temps should reach into the mid-80s according to The Wall Street Journal. That’s about 30 degrees warmer than normal. It may not be the hottest Marathon we’ve witnessed, as the temps for the 1909 Marathon reached the mid 90s, but it’s still a hot one.

According to the Massachusetts Bay Transportation Authority (MBTA), more than a million spectators are expected to be out at this year’s marathon rooting on their favorite runners, enjoying the Boston family and grabbing a drink or two from local pubs. During this time, spectators may not have to worry about pulling a muscle or winning the race, but they have to worry about a number of other injuries in Boston during this citywide event.

Our Boston personal injury attorneys understand that the streets are going to be crowded. We’re asking residents and visitors to make travel arrangements before heading out. Some of your best options involve taking a trolley or the subway to some of the prime viewing locations along the route. To help to accommodate the increase in ridership, the MBTA is offering increased service and T officials will be on site to assist travelers.

If you’re aiming to watch the runners cross the finish line, make sure you get off the Green Line at either the Hynes Convention or Arlington Street. The finish line is just a few blocks away.

Residents are urged to take the T instead of getting behind the wheel of a motor vehicle. Not only will traffic be congested and risks for accidents on the increase, but many spectators will be grabbing a cold brew to cheer on the runners and to cool of from the Boston heat. Riding public transportation is a good way to avoid a costly and potentially fatal drunk driving car accident in Boston. Whatever you do, avoid driving if you’ve been drinking during this year’s celebration.

Both drinkers and nondrinkers are advised to stay hydrated. Not all of us are used to this summer-like heat and may not be able to gauge the affects of the warmth. Everyone is urged to stay hydrated and to drink plenty of water. Even if you’re not thirsty, drink some water.

Tips to Prevent a Heat-Related Illness from the Centers for Disease Control and Prevention (CDC):

-Drink plenty of nonalcoholic fluids. Don’t wait until you’re thirsty.

-Don’t drink sugary fluids.

-Avoid super cold fluids. They can give you stomach cramps.

-Stay indoors if possible. Consider stopping to grab lunch inside a cool restaurant or visiting some of the local shops to cool off.

-Be sure to wear lightweight, light-colored and loose-fitting clothing to help keep your body cool.

-Keep a close eye on young kids, elderly residents and those who are mentally or physically ill.

-Keep an eye on your friends and family members. Lookout for signs of heat exhaustion and heat stroke.
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