Boston Personal Injury Attorney Blog

February 25, 2013

Harvard Bus Accident Injures 35 Passengers

There were 35 people who were injured in a recent bus accident in Massachusetts. According to the Boston Globe, the bus was leaving Harvard when is slammed right into an overpass. The bus was heading back to Philadelphia as the bus’ driver was trying to navigate his way through some of our busiest roadways.

Reports indicate that the man looked down at his GPS, looked back up and slammed into the overpass.

According to Massachusetts State Police, one person is still in the hospital in critical condition from this accident. Four were hospitalized in stable conditions, one was listen under serious condition and one was scheduled to be discharged over the weekend. Some of the passengers were trapped inside the bus for over an hour.

Our Boston bus accident attorneys understand that the bus did not belong on the road it was traveling on — Soldier’s Field Road. As you may know, this is a major crosstown street where there are signs posted regarding the 10-foot height limit. Over-sized, heavy vehicles are prohibited from traveling along this street, but this didn’t stop the Calvary Coach.

Officers are saying that the drivers will likely receive an over-height violation. Massachusetts State Police officers are also looking into how long he was driving that day to see if he was driving longer than allowed under federal law. That might just determine if there will be more serious charges in the case.

The Calvary Coach driver also drives a school bus in Pennsylvania.

Transit officials sent backup buses to the scene of the accident to rescue the passengers and to get them out of the wickedly cold weather.In the collision, there was cosmetic damage done to the bridge and to the road, according to state police. The bus sustained significant damage in the wreck.

You might remember the accident that happened in Syracuse back in 2010. This accident was alarmingly similar as that driver also looked down at the GPS and slammed his bus into an overpass. Four people were killed. The driver was acquitted of homicide charges. He was also accused of being overly sleepy behind the wheel when that accident happened.

The truth of the matter is that there are no excuses for these kinds of accidents.

It’s important that travelers who turn to busing companies do their research before choosing a company. You can do this easily by checking out the Federal Motor Carrier Safety Administration‘s (FMCSA) SaferBus app. Don’t risk your life or the lives of others by making an uninformed decision. Through this app, you can get immediate information on a busing company’s safety ratings complaint records and performance records. It’s available all day every day so there’s no excuse not to use it. Safety should be your number one priority when choosing a company. And remember, the cheapest bus ticket might not always be your safest choice — and you can’t put a price on your life.
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February 22, 2013

Father Dies in New England Snowmobile Accident

by Jeffrey S. Glassman

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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February 19, 2013

Winter Weather Slams Boston Again – Use Caution When Traveling

by Jeffrey S. Glassman

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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February 15, 2013

Boston Sports Injury Sufferer Creates New Helmet Technology

by Jeffrey S. Glassman

During the 2010-2011 school year, almost 3,000 middle and high school students in Massachusetts suffered a head injury, such as a concussion, while playing sports. That was according to a first-of-its-kind survey released late last year.

Now, our Boston personal injury attorneys understand that a man who used to be one of those children, an ex-Harvard quarterback who first began suffering football-related concussions in the seventh grade, has created a revolutionary football helmet aimed to reduce head injuries on the field.

A Boston native and Harvard medical school graduate, the founder of Xenith LLC set out to make football helmets that would significantly reduce concussions. The idea hit him after watching footage of a hockey star whose career was cut short after numerous head injuries.

Already, several dozen players with the National Football League are using the device – and they rave about it. One player from the New England Patriots said he hasn’t even had a headache since he began using the helmet.

In addition to pro-footballers, the Xenith helmet company is targeting the market of college football and high school football players across the country. Players at the Ohio State University and Notre Dame are using it, as are thousands of high school players. One private high school football coach in Cambridge was quoted as saying that the number of concussions has reduced dramatically since his team began using the helmet.

Right now, the helmets retail for $200 each. That may be cost-prohibitive for many schools at the moment, but the investment in terms of minimizing the lifelong damage could be priceless.

The helmet has 18 shock absorbers installed at pinpointed locations after literally thousands of laboratory tests were conducted to figure out which spots were most likely to take a direct hit, carefully considering each and every angle.

Where most helmets rely solely on some type of foam padding, this technology uses annular, air-filled pads that actually work to absorb the impact. When the helmet (i.e., head) takes a hit, the absorbers will actually compress, release air and then reinflate again quickly. The idea is that the the head isn’t the object doing the deflecting – the helmet is.

The company’s founder says these shock absorbers work similar to what we would see in a vehicle.

Sports players in general but footballers in particular are at risk for serious and lifelong head trauma as a direct result of the sport. It’s made numerous headlines in recent years. Just last year, when an NFL all-pro player committed suicide, an autopsy showed he suffered from chronic traumatic encephalopathy, which is a brain disease directly resulting from head trauma.

The NFL is actually being sued by thousands of former players for downplaying the long-term effects of these hits.

Across the country, the Centers for Disease Control report that nearly 175,000 youths are rushed to the hospital each year for head injuries they incur from sports.
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February 12, 2013

Boston Prepares for Next Natural Disaster

by Jeffrey S. Glassman

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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February 10, 2013

Attention New England Parents: Child’s Cough Syrup Recalled

by Jeffrey S. Glassman

If you provide your child any Triaminic Syrups or Theraflu Warming Relief Syrups, you might want to think again. According to the U.S. Consumer Product Safety Commission these products may serve as a serious injury risk to children in your household.

The child-resistant caps don’t always work properly. This means that there’s a good chance that your child can get into them and break through the tamper-evident seal. This serves as a serious risk for unintentional ingestion and poisoning. This is dangerous because these syrups contain diphenhydramine and acetaminophen. Both of these are required by the Poison Prevention Packaging Act to be sealed with child-resistant packaging.

Our Boston child injury attorneys are asking parents to stop using these products immediately. Novartis AG is also recalling about 185 lots of cough syrup. Under this recall are more than 140 lots of Triaminic and more than 40 lots of the Warming Relief Syrup. All of these products were manufactured in the U.S. before December of 2011, according to NBC NEWS.

These products were made at the manufacturing facility in Nebraska. A complaint filed by a consumer last November started an internal investigation and ultimately led to the recall. Officials report that production at the Nebraska facility was stopped in December of 2011 and it hasn’t yet resumed.

According to the Centers for Disease Control and Prevention (CDC), there are more than 300 children under the age of 19 in the U.S. who are treated in an emergency room because of accidental poisonings each and every day. Two children die each day because of these accidents.

Everyday items in your home, such as household cleaners and medicines, can be poisonous to children as well. Active, curious children will often investigate–and sometimes try to eat or drink–anything that they can get.

You can help to prevent these kinds of accidents by locking up your medicines and any toxic products you might have in your household. If children can’t see them or get to them, this won’t be an issue. It’s also a good idea to keep the number of the nationwide poison control center somewhere noticeable. It’s 1-800-222-1222. It’s open all day, every day. If it’s a real emergency, call 9-1-1.

If you’ve got medicines in your household that you no longer need — toss them out. It’s important that you safely dispose of any medications that are unused, expired or unneeded. This counts for both prescriptions drugs and for over-the-counter drugs. The best way to get rid of medicines is to mix with kitty litter or coffee grounds and throw them away. Check your medicine cabinet and properly dispose of unneeded products.
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February 9, 2013

Boston Malpractice Lawyers: TVM Medical Complications

by Jeffrey S. Glassman

If you have or had stress urinary incontinence or pelvic organ prolapse (POP), then you may have been treated using transvaginal mesh (TVM) or your doctor may recommend that TVM be used as part of a surgical correction of your problem. Unfortunately, it has become clear that TVM presents some serious medical complications. If you are suffering from these complications, you may be able to take legal action. If you have not yet had your procedure, you should know what types of complications can arise from TVM so you can make a fully informed choice about whether to take the risk of having the mesh implanted.

Our Boston personal injury attorneys have been closely following the FDA updates as well as monitoring other research, news and information about TVM complications. We want every patient to understand the potential medical complications that so often go along with the use of TVM.

Types of TVM Medical Complications
TVM is implanted to support the organs of the pelvis that are prolapsing. Prolapsing means that the organs are no longer sufficiently supported and they are intruding on the walls of the vagina. TVM is also implanted to provide support and strength for vaginal muscles in women that are experiencing stress urinary incontinence. The complications, however, can begin shortly after the mesh has been implanted. The medical complications associated with TVM can include:

Chronic pain
Mesh erosion or a breakdown of the vaginal mesh
Serious infection
Scarring
Urinary problems
A recurrence of prolapse
Bowel, bladder and blood vessel perforation
Pain during sexual intercourse
A narrowing of the vaginal wall

In many cases, a revision surgery is necessary in order to try to correct the TVM medical complications or to correct the problem of recurrence of prolapse. Some women even have to undergo multiple surgeries and even with these repeated surgeries may not be able to eliminate the painful side effects they are experiencing.

Does TVM Always Cause Medical Complications?
TVM does not necessarily cause complications or problems in every single case when the mesh is used. However, the FDA has become increasingly concerned about how common the complications are. In 2008, the FDA issued a warning reporting that it had been notified of approximately 1,000 adverse reactions to the mesh. Based on the reports of the problems, the FDA indicated that while there were potential complications, those complications were rare.

More complaints began to flood the FDA, however, with 2,874 additional reports of problems coming in between January 1, 2008 and 2010. The additional complaints as well as a review of scientific literature on TVM dating back to 1996 prompted an FDA investigation and a revision to its warning in 2011. In the updated TVM warning, the FDA indicated that complications were not rare. Further, the FDA indicated that the risks presented by TVM were not present in more traditional treatment methods and that it was not clear that there was any overall benefit to using the mesh instead of more traditional treatment.

What Should Women Do?
Based on the new information by the FDA as well as other relevant medical studies, women who have experienced transvaginal mesh medical problems or complications should consider filing a lawsuit against the manufacturer of the TVM used in their procedure. Those women who have not yet had transvaginal mesh procedures should consider carefully whether to allow this potentially dangerous product to be used in their bodies.
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February 6, 2013

American Burn Association Conducts Burn Awareness Week

by Jeffrey S. Glassman

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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February 4, 2013

TVM: Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence: What You Need to Know

by Jeffrey S. Glassman

Pelvic organ prolapse and stress urinary incontinence are two conditions that many women suffer from. Pelvic organ prolapse (POP) occurs when the organs in the pelvis, such as the bladder, the uterus, the urethra or the small bowel prolapse or drop out of their normal place and start to push against your vagina. Stress urinary incontinence, on the other hand, refers to difficulty preventing involuntary urination, especially when you cough or laugh. Both conditions occur when the muscles become weak, and are a common consequence of childbirth, although aging and other factors can also play a role.

Many women who suffer from POP or stress urinary incontinence thought they had found an answer in transvaginal mesh (TMV). More than nine manufacturers released various transvaginal mesh products, which were surgically implanted and used to keep organs in place. Women throughout the country had operations with transvaginal mesh. Unfortunately, problems soon came to light.

Today, physicians still use TVM as a method of treating POP and stress urinary incontinence. Unfortunately, the dangers of these products have increasingly come to light. Our Boston injury attorneys want to make sure that every woman is aware of the risks of transvaginal mesh before making the choice to take a chance on using this treatment method.

The History of Transvaginal Mesh Complications
Transvaginal mesh began causing complications for women shortly after it became a widespread treatment option. In October of 2008, the FDA issued a warning indicating that they had received more than 1,000 complaints of adverse events related to TVM. When the FDA released this initial report, it described the complications as “rare.”

Despite the complaints and the increasing number of women experiencing serious infection, recurrence of prolapse and other medical problems, physicians continued to use TVM products for treatment of POP and stress urinary incontinence.

Unfortunately, from January 1, 2008 to December 31, 2010, the TVM continued to create serious health problems for women. The FDA received 2,874 new complaints of adverse events during this time. The problems were occurring both when the mesh was used to repair POP (1,503 complaints) and when the mesh was used to repair SUI (1,371 complaints).

The frequency of the complaints and the reports of serious complications prompted the FDA to conduct a systematic review of the scientific literature that was published from 1996 to 2011 that related to the TVM products. The FDA made some upsetting determinations when doing this review. It noted, for example, that using TVM to repair POP did not significantly improve the results or the woman’s quality of life as compared to other traditional treatment methods. The scientific literature also revealed that there were risks of using the TVM that did not exist with traditional treatment methods.

In July of 2011, the FDA updated its communications to warn that complications were not rare and to let women and physicians know that TVM can expose patients to significant risk.

Every patient needs to be aware of the new FDA position and of the fact that complications are very common. If your physician recommends that you treat your POP or stress urinary incontinence with TVM, you need to consider the danger carefully and have a detailed discussion with your physician about why this risk is acceptable given your medical condition and the other treatment options available.
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February 2, 2013

Abandoned Buildings Put Everyone at Risk

by Jeffrey S. Glassman

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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