Boston Personal Injury Attorney Blog

April 17, 2013

Boston Dialysis Patients Potentially Exposed to Virus

Our Boston injury attorneys know that dialysis patients are dependent upon receiving regular medical care multiple times per week. Because the kidneys of a dialysis patient no longer work properly, the patient must regularly visit a designated dialysis clinic for hours at a time multiple times weekly in order for a dialysis machine to clean the blood.

At a dialysis clinic, the idea is that the patient will sit in a chair while the dialysis machine works to clean the blood. The patient will be given appropriate medication and supplements to help improve health and to ensure that the dialysis process doesn’t do any damage to the body. Unfortunately, things don’t always work that way and dialysis patients can experience many complications. Five patients in Boston recently found that out when they were informed that they had been exposed to a virus.

Dialysis Patients Exposed to Hepatitis B
According to the Nephrology News and Issues, five patients who had undergone dialysis at the Boston Medical Center (BMC) received a telephone call after they underwent their dialysis procedure.

According to one of the patients who received the phone call, the contact came only a few hours after the dialysis treatment had finished for the day. The caller was an administrator from BMC who had bad news.

The BMC administrator indicated that the medical center had become aware that some of the dialysis machines had not been properly cleaned. As a result of the dirty and contaminated machines, some of the patients undergoing dialysis at the treatment center ended up being exposed to the Hepatitis B virus. In total, there were five patients who were potentially at risk of becoming ill as a result of the exposure to the virus from the dirty machines.

Because of the exposure, the patients who were affected and potentially at risk were informed that they would need an injection of gamma globulin. Gamma globulin is a substance that is made up of antibodies that help the body to fight the Hepatitis B virus. Boston Medical Center sent someone to the home of at least one of the affected patients to administer the shot.

Unfortunately, when anyone is exposed to any type of virus, there can be devastating consequences to that person’s health. For patients undergoing kidney dialysis who are already struggling with medical issues and whose bodies cannot effectively remove waste products, the effects of this type of exposure could be even worse. A virus could undermine the health of the dialysis patient, making the patient sicker. This can be a major problem, especially if the patient is undergoing dialysis while awaiting a kidney transplant, since a patient can no longer have such a transplant once he or she becomes too sick.

Tragically, exposure to a dirty machine is not the only time dialysis patients have been put at risk. A number of other medical malpractice issues and dangerous drug issues can also endanger dialysis patients. For example, many dialysis patients are given the wrong antibiotic medication according to studies published in Nephrology News. In other cases dialysis patients may be given a medication intended for their care such as GranuFlo or NaturaLyte but the drugs themselves will turn out to be dangerous and to increase the chances of a heart attack.

These mistakes and the harm that come to dialysis patients are simply inexcusable. Drug manufacturers, clinic operators and healthcare providers all need to do better to ensure that the dialysis experience is one that promotes and maintains health rather than an experience that compromises health and makes things worse.
Continue reading

April 16, 2013

Injuries and Deaths Mount after Boston Marathon Explosions — Investigation Continues

by Jeffrey S. Glassman

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.
Continue reading

April 16, 2013

Transvaginal Mesh Products — PBS Explores the Risks

by Jeffrey S. Glassman

Transvaginal mesh (TVM) products are currently the subject of thousands of lawsuits brought by patients who had the surgical mesh implanted to treat pelvic organ prolapse or stress urinary incontinence.

The thousands of victims suffering from the dangerous side effects of TVM have to live with their story every day and have to cope with the ongoing pain and problems. Many people, however, may be unaware of TVM, of its dangers to patients or of the broader risk illustrated by this defective medical device.

Recently, PBS aimed to draw more attention to the issue of transvaginal mesh products in the documentary entitled Need to Know. The documentary aired for the first time on March 22, 2013. Our Boston transvaginal mesh attorneys know that every patient who experienced transvaginal mesh complications deserves some type of compensation but that many people aren’t aware of their rights. Programs such as the Need to Know segment of PBS can help to educate patients and the public about what went wrong with TVM products.

The Problem with Transvaginal Mesh Products

Transvaginal mesh products can cause a number of serious health problems once implanted. Some of the potential complications include:

Erosion of the mesh.
Pain, especially during sexual intercourse.
A relapse of the pelvic organ prolapse.
Puncture/perforation of the bowels, intestines, bladder or blood vessels near to where the mesh was in the vaginal wall.
Urinary/incontinence problems.
Vaginal bleeding, chronic discharge or drainage.
Vaginal infection.
Scarring of the vagina.
Shortening of the vagina

.

These side effects occur far too often and leave many patients struggling to get medical treatment to try to resolve the complications. Often, multiple complex and expensive surgeries are required, putting patients through a terrible ordeal.

All of these serious side effects raise the question: how did this product ever get on the market? PBS largely focuses on this issue in its Need to Know Documentary because it is an issue that led not just to dangerous TVM products but also to many other dangerous medical devices as well.

The problem is that the medical device came to market under special 510(K) rules. These rules allow for a device to be fast-tracked as long as there is already a substantially similar product on the market that has never been subject to a formal recall.

TVM was thus pushed through because it was substantially similar to a previous existing product. There was little testing or oversight of the new TVM products nor was their verification that the device they were based on was still considered safe. Instead, the medical device came to the market and caused thousands of patients to get hurt because of the lack of proper testing and oversight.

The PBS segment raised attention to this very important issue and it is one every American should be very concerned about as more dangerous devices like TVM could find their way into doctor’s offices and hospitals nationwide.
Continue reading

April 15, 2013

FDA Finds More Problems at Compounding Pharmacies

by Jeffrey S. Glassman

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.
Continue reading

April 14, 2013

Safety Tips for the 2013 Boston Marathon

by Jeffrey S. Glassman

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.
Continue reading

April 14, 2013

DePuy Speaks Out on Defective Hips, Claims It Acted Responsibly

by Jeffrey S. Glassman

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.
Continue reading

April 13, 2013

Fresenius Enjoys Growth as Dialysis Malpractice Claims Rage On

by Jeffrey S. Glassman

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.
Continue reading

April 12, 2013

Bus Driver Faces Criminal Charges after Boston Bridge Accident

by Jeffrey S. Glassman

Officials with the Massachusetts State Police will charge a tour bus operator that recently slammed his bus into an overpass back in February on Boston’s Soldiers Field Road. According to the State of Massachusetts, the charges are the result of an investigation by state police officers who found that the driver was operating negligently to endanger. Because of the investigation, he’s also being charged with a number of civil violations for neglecting to follow instructions on a Department of Conservation and Recreation roadway as well as driving his bus on a DCR roadway.

Our Boston bus accident lawyers understand that the investigation discovered that the driving didn’t listen to warning signs that prohibited buses from driving on that part of the road. At the time of the accident, he was driving a Calvary Coach bus that was carrying teens from Pennsylvania to Harvard for a school visit. The accident happened just before 8:00 p.m. when the driver entered the tunnel that travels under Allston’s Western Avenue bridge. As you can imagine, the bus was too tall for the tunnel, which had a 10 foot height limit.

Upon completing the investigation, officials determined that the bus driver didn’t even attempt to slow down as the bus went into the tunnel. The accident caused some serious damage to the top and front of the bus. Investigators looked at all of the evidence and talked to witnesses. They determined that the signs should have warned the driver of the height of the upcoming bridge.

The bus driver contends he had no knowledge about the road restrictions. Officials argue otherwise, saying signs were clearly visible in the area.

A number of the young bus riders were injured in the accident.

Each and every year, there are thousands of people who are injured of killed on our country’s roadways. Many find these bus accident fatality statistics alarming because these buses are supposed to provide a safe means of travel. According to national bus accident statistics, there were nearly 13,000 buses that were involved in traffic accidents in 2010. In these accidents, more than 225 people were killed.

Officials with the Federal Motor Carrier Safety Administration (FMCSA) continue their journey in helping to make these buses safer for everyone by improving safety regulations. But unfortunately compliance is not always a guarantee.

As a passenger, you have rights. You use these busing companies and assume that they’re equipped with safe vehicles and qualified drivers — but that’s not always the case. Do your homework before choosing a bus company. Check their accident reports, their safety history and their safety rating. It’s important to remember that the cheapest fare doesn’t always mean the safest ride, and you can’t put a price tag on your safety.
Continue reading

April 10, 2013

Missing Coaches Highlight Growing Pains at MBTA

by Jeffrey S. Glassman

The Massachusetts Bay Transportation Authority (MBTA) is awaiting the delivery of 75 double-decker coaches. Unfortunately, the South Korea-based company that was supposed to deliver on this promise has come up short — by a lot. The MBTA has yet to receive any of the coaches promised in the 2008 contract.

According to The Boston Globe, the company has a near $200 million contract with the MBTA and with the state of Massachusetts. Still, only three cars are expected to be in service in April and only 15 expected to be running by September.

Our Boston accident lawyers understand that the fleet of the MBTA is growing older and older by the day. It’s time that many of the subway cars, trains and buses are replaced. According to Beverly Scott, general manager of the MBTA, all of the new coaches expected should be ready for the commuter rail in 2014. But we’ve been awaiting the arrival of these coaches for quite some time now. Until they show, we’re left using the worn, aged fleet we’ve got now, which could serve up some serious injury risks. These older trains are running the maintenance crews ragged with repairs and services, all while depleting resources. This kind of service shouldn’t be something we’re sitting back and waiting on. We need a proactive approach to make sure all commuters are safe.

The contract was initially awarded back in 2008. In this contract, there were four cars that were expected by October of 2010 and the rest of the 75 were to be here by the end of 2012. Unfortunately, those first four didn’t make it to the MBTA until last fall — and they only made it to testing.

The company has committed more workers, materials and funding to the development of these coaches in the last few months. Officials say it’s not uncommon to experience delays like this one. About 10 years ago, the Hyundai Rotem made their debut in the US. They laid out prices to beat competitors and set out attractive promises. However, the company must ensure that these coaches get to us in an orderly manner. It’s an expectation, not a luxury.

It’s the responsibility of MBTA officials to make sure that this equipment is safe and working properly to keep riders safe. We can’t overlook late deliveries from companies when the safety of commuters relies on it.
Continue reading

April 7, 2013

Limited MBTA Maintenance May Increase Accident Risks

by Jeffrey S. Glassman

The Massachusetts Bay Transportation Authority (MBTA) may be extending its hours if Governor Deval Patrick gets his way. While he sees this move as staying ahead of the game and providing convenience to users, many say that it’s only going to cause more delays and frustrated riders.

According to WGBH, MBTA workers use the early-morning hours to make sure that everything is set and working properly. They prep the cars for rush hour.

Our Quincy accident attorneys understand that the nighttime hours are used by officials to replace faulty power cables within the T, like the ones that would up shutting down the T during a busy morning back in January. With the Governor wanting to increase the working hours of the T, when are crews going to perform maintenance and take care of preventative measures to help to eliminate those shutdowns and other problems a busy transit system like this often faces?

As it stands now, maintenance and repair crews with the MBTA are working to correct old and aged infrastructure — and reducing their work time may increase accident risks.

“We have a three and a half to four-hour window to get this work done. So it’s get in, get the cable out, get the cable in, and get out of the way,” said John Martin, superintendent of power systems and equipment station support for the T.

There are roughly 1,000 miles of cables that work to bring power to these trains, switches and signals. Unfortunately, there are only a few hours in the night where this kind of work can be done. That only allows crews to work on a few hundred feet a night. At that rate — the project will take years.

It’s important that we replace these cables now — as many of them are more than 50 years old.

Currently, there are over 500 MBTA workers who get the job done each night. They’re in charge of signal repairs, track maintenance, cable replacement and much more.

The MBTA set aside more than $240 million in the Fiscal Year 2013 to help to make the much-needed repairs, but that’s not enough. Officials estimate that it’s going to take more than $3 billion in maintenance to get it to where it needs to be. Not only are we lacking the funds, but now officials are working to limit the hours that these crews can work to make out transit system safer for users.

As you may not have known, Boston is the birthplace of American mass transportation. It’s important that we continue to set the example and lead the country is safe mass transit. And one of the most important roles is making sure that we’re provided the proper maintenance to our historical system and keeping it up with the demands of users today.
Continue reading