Boston Personal Injury Attorney Blog

February 14, 2014

Feeding Tube Dangers Substantial for Boston Dementia Patients

Alzheimer’s disease is cruel. It will steal a person’s memories, ability to speak, mobility and ultimately, their independence. In many cases, it will also cause patients to lose the ability to eat.

At this point, caregivers and loved ones need to decide whether it makes sense to have a gastric feeding tube inserted. This is usually an issue that arises toward the very end, when the disease has begun to chip away at the part of the brain that allows a person to perform basic functions, such as swallowing.

Loved ones who reach this difficult juncture believe they are essentially deciding whether to buy their aging relative more time or allowing them to slowly die.
Continue reading

February 11, 2014

Cost of Boston Birth Injury Can Be Astronomical

by Jeffrey S. Glassman

A recent study published in the journal BMJ Open reveals that the cost for a healthy, vaginal birth is anywhere from $3,000 to $36,000. In cases of a C-section deliver, the range varies from $8,000 to about $71,000.

Researchers focused primarily on the fact that costs were disparate for no apparent rhyme or reason. This is a subject worthy of further exploration. However, our Boston birth injury attorneys were interested in these figures for another reason. When you consider that a relatively uneventful, healthy birth has the potential to cost tens of thousands of dollars, situations in which there are complications that require additional hospitalization and specialized treatment are going to result in costs that are astronomically high.

Even in cases where there has been a clear issue of malpractice – such a child who suffers from Erb’s palsy or a mother who dies as a result of undiagnosed preeclampsia – those bills will still come rolling in. People who can’t afford to pay them can suffer a substantial blow to their credit. The family of a child who is disabled as a result of improper care before, during or immediately after childbirth can expect those bills to pile up for many years to come.
Continue reading

February 10, 2014

Feds Highlight Risks of Child Car Accident Fatalities

by Jeffrey S. Glassman

A third of the children who died in car crashes on U.S. roads in 2011 weren’t properly buckled in, U.S. health officials recently reported. From 2002 through 2011, the annual rate of death in car accidents for children 12 and younger fell more than 40 percent, according to Centers for Disease Control and Prevention (CDC) Director Thomas Frieden, MD. Med Page Today reports the recent findings were based on data from the Fatality Analysis Reporting System (FARS). CDC officials looked into the accidents that involved child passengers and looked closer at restraints that were used to protect them.

“The tragic news is still with that decrease, more than 9,000 kids were killed on the road in this period,” said Frieden.

Our Boston child injury lawyers understand that thousands of children are still at risk as not enough are properly buckled in during each and every car ride. From 2002 to 2011, during the study period, officials found that more than 9,000 children died in car crashes during the period. But deaths dropped sharply, from 2.2 deaths per 100,000 people in 2002, to 1.2 deaths per 100,000 in 2011, a 43 percent decline.
Continue reading

February 7, 2014

Massachusetts Birth Injury Claims Against Federal Defendants Must be Timely

by Jeffrey S. Glassman

A young mother dies as a result of severe hemorrhaging following the birth of her third child.

The father filed a Boston medical malpractice claim within the allotted three-year window for such lawsuits in the Commonwealth. However, the claim was ultimately dismissed as time-barred – a decision recently affirmed by the First Circuit Court of Appeals in Sanchez v. United States – because the doctors in the case were deemed to be federal employees. Although this information was unbeknownst to the plaintiff, the Federal Tort Claims Act requires any medical malpractice action against federal employees be brought within a two-year window.

The plaintiff, too late, is unable to seek justice for his beloved wife, mother of his children.
Continue reading

February 4, 2014

New England Ski Injuries in Focus After Teen Death on Slopes

by Jeffrey S. Glassman

A recent skiing accident took the life of a 19-year-old, according to CBS Boston. The accident happened around 11:00 a.m. when the silkier lost control at a trail intersection and slammed into a trail sign. She was rushed to the hospital where she was pronounced dead.

Skiing and snowboarding are less dangerous than other high-energy participation sports, and less so than some common activities. However, skiing and snowboarding are still challenging and require physical skills only learned over time with practice. The sports involve some inherent risk, but in some measure, it is the thrill that entices most skiers and riders to pursue it. Even with the attendant risks, the health and fitness benefits of skiing and snowboarding are enjoyed by people of all ages across the slopes each season.

Our Boston personal injury lawyers note over the last decade, more than 40 people have died each year before of skiing/snowboarding accidents. During the 2011/2012 season, officials recorded 54 fatalities. Close to 40 of these were skiers and 12 were snowboarders. Improvements to equipment have led to reductions in injury rates. For instance the introduction of quick release mechanisms dramatically cut the number of lower leg fractures, while smarter ski design is helping the downward injury trend in the alpine disciplines. But we’re not in the clear.
Continue reading

February 1, 2014

Roxbury Man Killed in Rear-End MBTA Accident

by Jeffrey S. Glassman

A 24-year-old driver from Roxbury was killed after rear-ending a Massachusetts Bay Transportation Authority (MTBA) bus at a bus stop, reports CBS Boston. The accident happened on Route 28.

On the bus, there were nine people who were sent to the hospital with injuries, most complaining of back pain. According to the spokesperson of the MBTA, the bus was legally stopped at its bus stop when the accident happened.

Our MBTA accident lawyers understand that bus stops and other mass transit hazards are scattered throughout the city, and safety navigation around them can be tricky at times. According to the Federal Motor Carrier Safety Administration (FMCSA), there were more than 10,000 injury bus accidents recorded in the U.S. in 2008. Roughly 11,000 vehicles were involved and close to 25,000 passengers injured.
Continue reading

February 1, 2014

Massachusetts Rank as Nation’s Worst Drivers?

by Jeffrey S. Glassman

Distracted driving, careless maneuvers and road rage — they’re all common characteristics of drivers in the area. We face these dangers on a daily basis. And we often think “Massachusetts has some of the worst drivers!”

Now, we can see just who has the worst drivers, thanks to a recent study from Car Insurance Comparison. Not only do these dangerous drivers aggravate your daily commute and make it a lot more dangerous, but they’re also contributing to the increase in auto insurance premiums.

Our car accident lawyers in Massachusetts note officials with Mothers Against Drunk Driving (MADD), the National Motorists Association and the National Highway Traffic Safety Administration (NHTSA) looked at drivers in each state and based a rating off of information regarding deaths per 100 million vehicle miles traveled, drivers’ neglect to obey seat belt and traffic signal laws, drunk driving numbers, the number of tickets issued and trends regarding careless driving. With all of this information, officials calculated a total score, to determine which states are the worst.
Continue reading

January 30, 2014

Massachusetts Fall Injuries a Growing Risk

by Jeffrey S. Glassman

Trauma centers across the county are reporting an increase in the number of fall-related accidents. According to Pain Medicine News, if the trend continues, these kinds of accidents could account for more injuries and fatalities than either firearms or traffic collisions.

According to the study, the number of car crashes has dropped more than 25 percent since 2002 because of the increase in car safety features, medical care and public awareness. That decrease has been offset by an increase in the number of deaths resulting from fall accidents, which are up more than 45 percent in an eight-year period.

Our Somerville personal injury lawyers understand that the total trauma-related mortality decreased by about 5 percent from 2002 to 2010. The decline happened even though we saw an increase in the number of miles driven by Americans and a 10 percent increase in the number of firearm injuries. The number of fatalities from firearms remained relatively the same, although the number of injuries resulting from firearms increased slightly.
Continue reading

January 30, 2014

Elderly Pedestrian Killed in Chicopee

by Jeffrey S. Glassman

The elderly victim of a recent Chicopee pedestrian accident has been identified as a retired city firefighter. According to The Republic, the 77-year-old man was hit by an SUV as he attempted to cross Grattan Street just before 7:00 p.m.

The victim was transported to Baystate Medical Center in Springfield where he was later pronounced dead. Officers say that they’re still investigating, but believe that the heavy rain at the time of the accident may be a factor in the collision. No charges have been filed.

With the baby boom generation aging, we’re seeing a record number of U.S. elderly residents. With more than 77 million people born between 1946 and 1964, we’ve got serious issues regarding the lack of affordable and safe travel options for aging individuals. With more and more giving up their driving privileges, we’ve got to make sure that there are safe and convenient ways for them to get around, because no one wants to lose their independence. By 2015, more than 15.5 million Americans 65 and older will live in communities where public transportation service is poor or non-existent. That number is expected to continue to grow rapidly as the baby boom generation “ages in place” in suburbs and exurbs with few mobility options for those who do not drive.
Continue reading

January 27, 2014

Protecting Your New England Home From Fire This Winter

by Jeffrey S. Glassman

State Fire Marshal Stephen Coan and members of the Massachusetts fire service are concerned that the winter months will lead to an increase in fires from heating, open flames and other risks. Heating is the second leading cause of home fires in Massachusetts. It is important to Keep Warm, Keep Safe this winter.

During this time of the year, officials with the Massachusetts Executive Office of Public Safety remind residents to check their chimneys, furnaces, space heaters, and fire-prevention resources.

Our personal injury attorneys in Quincy understand that there are more than 900 people who are killed in winter home fires in the U.S. each and every year. These accidents cause more than $2 billion in property loss. More than 65 percent of these accidents happen in one- and two-family homes between the hours of 5:00 and 8:00 p.m. If you’re in an apartment or condo, do you know who will be responsible for the damages? Typically, your lease is signed by an officer of the cooperative corporation, as Lessor, and the shareholder, as Lessee, and contains, among other things, provisions regarding the responsibility for the repairs of both parties. A lease will generally provide that the lessee is responsible for maintaining and repairing the interior of the apartment, while the cooperative corporation will be obligated to maintain and repair all other parts of the building. A typical lease contains four paragraphs dealing directly with repairs: Lessor’s Repairs, Lessee’s Repairs, Damage to Apartment or Building, and the Right of Entry paragraph.
Continue reading