Boston Personal Injury Attorney Blog

January 30, 2013

Landlords Leaving Some in the Cold, Putting People at Risk

According to 7 News Boston, landlords in Dorchester may not be complying with laws intended to keep tenants safe. The problem: landlords are not providing sufficient heat within the apartments. This is a serious issue as Dorchester, along with other locations throughout the Greater Boston area, is currently experiencing a serious cold spell.

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

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

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

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

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

It is a foreseeable conclusion that people in freezing weather would be hurt by the lack of heat, so the injured victims would also have a solid case for proving that the landlord’s negligence was the direct cause of the harm they endured.
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January 28, 2013

MBTA Copes with the Cold, Aims to Protect Passengers

by Jeffrey S. Glassman

For those in Boston, it should come as no surprise that the recent weather has been uncomfortably cold. Unfortunately, going to work, running errands or going to school is still necessary despite the frigid temperatures. Many people take advantage of the services of MBTA in order to get to their destination, but unfortunately the cold weather can put commuters at risk.

Our Boston injury attorneys want to warn everyone of the serious dangers of the cold weather commute. We also urge MBTA to make every effort to protect its passengers from the extreme cold. Unfortunately, two recent news articles suggest that MBTA is trying to take steps to protect commuters but efforts may be falling short.

MBTA Puts Commuters at Risk for Injuries Due to Extreme Cold

According to 7 News Boston, commuters heading to work on the Green Line on Wednesday were left out into the cold on the coldest day of the year. The problem developed shortly before 8:00 A.M. when electrical cables in a manhole panel caught fire near the MBTA Station on Arlington Street. Because of the fire, MBTA turned commuters out into the cold where they were left trying to find buses or alternative routes to their destination.

Service did not resume until 11:00 A.M. and commuters expressed frustration with being left out into the cold. While 7 News Boston reported that no one was injured as a result of the whole incident, the fact is that winter presents a risk to MBTA riders. Those who take the mass transit are in danger of developing frostbite or hypothermia as they wait for extended periods in the cold. Other winter weather dangers also exist including the potential for slipping and falling or being hit by vehicles.

On the same day as their report about the Green Line incident, 7 News Boston also reported the MBTA was going to start monitoring trains in light of the bitter cold weather.

This article indicated that the extreme cold in Boston affects the trains, which in turn adversely affect commuters. As of the January 23 article, temperatures were not expected to go above 17 degrees with a wind chill making it feel more like five degrees below. In 2011, when temperatures fell to similarly freezing levels, many trains were down and there were long delays. The delays and problems with the trains caused by the cold compound the risk of injury to commuters who are left in the freezing cold waiting for a train that is slow to arrive.
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January 27, 2013

Could a New Device Provide Better Data on When Transvaginal Mesh Should Be Used?

by Jeffrey S. Glassman

Transvaginal mesh is a surgical mesh product that is used to treat women who are experiencing stress urinary incontinence or pelvic organ prolapse, a condition where pelvic organs shift and begin to protrude through the vaginal wall.

Unfortunately, although widely used, transvaginal mesh has some very serious and significant complications, many of which patients were not warned about or were unaware of before having the mesh implanted.

Although transvaginal mesh has now proven dangerous for many women, the product remains on the marketplace with strict FDA warnings about side effects. In December of 2012, it was announced that a new system is available to help doctors assess whether the use of surgical mesh is appropriate to repair a particular case of pelvic organ prolapse. The information on the new imaging system was reported in Optical Coherence Tomography News.

Despite possible advancements and despite improved warnings as required by the FDA, our Boston transvaginal mesh attorneys remain concerned about the potentially serious side effects associated with the use of transvaginal mesh. We believe that every woman needs to think very carefully about whether having transvaginal mesh implanted is a risk she wants to take.

Judging the Suitability of Transvaginal Mesh
According to Optical Coherence Tomography News, the new imaging system available was developed by researchers at North Shore Long Island Jewish Health Systems and their studies were presented at the annual meeting of the American Urogynecological Society.

The new imaging device, according to researchers, makes it possible to measure the thickness of the epithelial tissue. This is helpful information in determining a woman’s suitability for a vaginal mesh placement procedure.

The new imaging technique may also allow vaginal mesh manufacturers to comply more easily with the FDA’s requirements for follow-up studies and testing on the efficacy of vaginal mesh. This is because the device allows doctors to take images of mesh that has been previously placed at the vaginal epithelium. Existing imaging techniques, including X-rays, MRIs, ultrasounds, CT scans and MRIs, cannot reach a sufficient resolution that is needed to effectively monitor the epithelium.

By making it possible to do these post-operative studies, hopefully manufacturers of transvaginal mesh products will be able to identify problems and complications more easily and will be able to obtain essential safety information on their products. The ability to monitor the mesh at the epithelium can also be useful to women who have had surgical mesh implanted and who want to screen for postoperative complications.

The new device has been cleared by the FDA and many hospitals in the U.S. are currently using it in pre and post-op evaluations of women who are considering or who have undergone procedures with transvaginal mesh.

While our Boston transvaginal mesh lawyers fully support the use of the new device to help women and manufacturers more carefully monitor for complications and problems, we remain concerned about any woman having transvaginal mesh implanted unless she has a full understanding of the potential dangers and complications that could result.

If you are considering transvaginal mesh, make sure your doctor has discussed all possible risks with you. If you have already had transvaginal mesh implanted and you are experiencing complications, consult with an attorney to learn your legal options.
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January 25, 2013

Are You Using a Recalled Snow Blower with a Tire Defect?

by Jeffrey S. Glassman

A snow thrower is an important item to have when winter comes, but it probably isn’t something that you think about for most of the rest of the year. As such, it is possible you may have missed a recall announcement in October of 2006 for MTD snow throwers that was prompted by defective wheels on the blowers. In fact, each year there are still people who are injured by one of these snow throwers because they are not aware that their product was covered by the recall.

Our Boston defective product attorneys want to make sure everyone is aware of the dangers of these older models of MTD snow blowers. There were more than 130,000 snow blowers sold with the defective and dangerous tires and it is important to check your model number and brand information on the website of the Consumer Products Safety Commission.

The Defect
MTD and the U.S. Consumer Product Safety Commission cooperated in a joint recall effort in 2006 in order to get the word out about MTD’s dangerous snow blowers.
Multiple brands were affected including Troy-Bilt, Craftsman and Yard Machines and the snow throwers were sold at Kmart and Sears Stores from July of 2004 through March of 2006.

The recall was necessary as a result of many injury reports. The snow blower had defective wheel rims. These wheel rims were made of a plastic composite material that had the potential to explode. When the tires on the snow thrower were over-inflated, this could prompt the wheel rims to burst, which could in turn cause cuts or other injury.

Hundreds of injuries occurred in 2006 because of the defect in the tire and wheel rim of the snow blower, but unfortunately the problem did not end there. As with many product recalls, not everyone hears about the dangers. Those who purchased the snow blowers but who were not notified about the recall may still be using the defective blowers today. In fact, there are still consumers even this winter who may be injured if the wheel rim explodes when they are using the snow thrower.

Holding the Company Responsible
The problem with the MTD snow throwers was caused by the tire defect and wheel rim issue. As such, the company that designed and created the defective tire and wheel rims is responsible for any injuries that occur as a result of the problem with the product.

Those who own the snow throwers but who did not hear of the recall may still be able to recover compensation from MTD Products, Inc. if they suffer injuries. As such, if you are hurt due to an MTD snow thrower this year as you do your winter clean up, you should consult with a legal professional.
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January 23, 2013

FDA Lowers Dose of Sleep Aids To Help Prevent Auto Accidents

by Jeffrey S. Glassman

Ambien and other sleeping pills help people throughout the Boston area to get a good night’s rest. Unfortunately, new research has revealed that the active ingredient in Ambien, Zolpimist, Edluar and certain generic sleeping pills doesn’t completely wear off by morning. As a result, there are lots of drivers on their morning commutes who are still groggy due to sleeping pills.

According to Boston.com, the FDA has recently issued an order requiring drug makers to lower the dose of sleep medication in these popular sleeping pills. Our Boston car accident attorneys want to make sure everyone is aware that these sleeping medications can create an auto accident risk. If you have old pills in your cabinet, you should use proper safety precautions to make sure you are not driving when you are impaired.

The New FDA Requirements for Sleeping Pills
The FDA is targeting all sleep aids that contain the active ingredient zolpidem, which includes Ambien and several other brands. Sleep pills with different active ingredients, such as Sonata and Lunesta, are not required by the FDA to make any changes at this time.

For the affected drugs, the FDA is mandating that doses for women be cut in half since women’s bodies are slower to process the drug. This means that doses for women should be reduced from 10 milligrams to 5 milligrams for standard sleeping pills. For extended dose pills, the doses for women should be reduced from 12.5 milligrams to 6.25 milligrams.

The FDA also recommends that the newer lower dosages also be used for men, although this is not required. In fact, in any situation, the FDA urges doctors to prescribe the lowest possible dose of sleep medications to patients.

The new lower FDA limits are necessary because testing has revealed that the drugs can remain in people’s system at levels that interfere with both coordination and alertness. This, of course, increases the risk of an auto accident occurring because the driver is impaired.

Avoiding Accidents With Sleeping Pills
If you currently have sleeping pills that you are taking, it is important to be aware that these pills have the higher doses of medication. Therefore, the pills may impact your ability to drive, especially in the morning when the active drugs have not yet been processed and removed from your body.

Driving when you are impaired by sleeping pills can be dangerous for you and it can also be dangerous for every other driver and pedestrian who has to share the road with you. The drugs carry a warning that they could potentially cause drowsiness, and this warning must be respected.

If you do cause an auto accident as a result of being impaired by a sleeping pill, this can constitute impaired driving even though the pill is legal. Those who cause auto accidents because they drive while under the influence of sleeping pills can also be sued by injured victims of auto accidents or by surviving family members of people killed in a crash.
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January 21, 2013

Falling Furniture & Televisions Puts Kids at Risk

by Jeffrey S. Glassman

In December of 2012, CBS News published an article warning parents about a surprising risk that their kids are facing: the risk of falling furniture and televisions. According to the article, a report from the Consumer Product Safety Commission had revealed that a record number of children in the United States had been killed in the past year by a TV tipping over.

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

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

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

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

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

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

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

Anyone inviting children into his or her home should also be aware of the potential for a premises liability lawsuit or a negligent supervision lawsuit if a child is injured as a result of a television or other item in your home tipping over.
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January 19, 2013

First Transvaginal Mesh Lawsuit Against Ethicon Underway

by Jeffrey S. Glassman

In 2005, a company called Ethicon, a subsidiary of Johnson & Johnson, made a medical device available for use. The product, which was a transvaginal mesh, was released without any testing.

This was possible under a special FDA rule called the 510(k) rule, which allows for a fast-tracked release of medical devices that are substantially similar to devices already on the market. The transvaginal mesh they released was called Gynecare Prolift propylene mesh and the prior device that it was based off of was a product called Gynecare.

Unfortunately, it would later turn out that there were significant problems with the Prolift transvaginal mesh product. Further, when Ethicon later applied for approval for a next generation product called Prolift M+, the FDA would subsequently conclude that the original Prolift Product from 2005 had never really been approved. In other words, an untested, dangerous and problematic drug was thrust upon the public in 2005 by Ethicon.

Our Boston transvaginal mesh attorneys have become very familiar with Prolift and with the stories of women who were harmed by this medical product and by other transvaginal mesh products. Now, the first trial against Ethicon has entered the courtroom. This trial is important both because it provides the opportunity for the injured patient to get justice and also because it could set the stage for subsequent legal actions.

The Transvaginal Mesh Case
Prolift, like other transvaginal mesh products, is a surgical mesh that was used to treat women with pelvic organ prolapse and with stress urinary incontinence. Women, especially those who have been through pregnancy, can suffer from pelvic organ prolapse wherein the pelvic organs (such as the bladder) drop and begin to press against or protrude into the vaginal wall.

Transvaginal mesh products are used to essentially keep the organs in place. Unfortunately, the transvaginal mesh products soon began to cause significant complications. Many women experienced pain, disintegration of the mesh products, painful sexual intercourse, contraction of the mesh and other side effects. These complications were not properly identified due to Ethicon’s insufficient and negligent testing of the product. There was also no warning of these or other potential complications for women who underwent surgical procedures with the mesh products.

Unfortunately, women may need multiple surgeries to correct the problems caused by Ethicon’s Prolift and by other transvaginal mesh products — if the problems can even be corrected. Many women who are coping with medical care costs, pain and discomfort are taking legal action against the manufacturers of transvaginal mesh products.

Many of the cases based on the transvaginal mesh products are pending, and many plaintiffs have organized into class actions. Now, however, the first case against Ethicon has gone to trial. The outcome of this trial should shed significant light on the mistakes that were made and can have a major impact on future settlements or lawsuits based on transvaginal mesh.
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January 18, 2013

Patients Injured by GranuFlo Move to Establish MDL

by Jeffrey S. Glassman

GranuFlo is an alkaline product produced by a company called Fresenius. The product is administered to dialysis patients to neutralize acids that build up as a result of dialysis treatment. Unfortunately, when GranuFlo is administered, there is a substance in the product that converts to bicarbonates within the body. Too many bicarbonates can cause cardiac problems and many patients who were taking GranuFlo found themselves with a bicarbonate overdose.

Now, Fresenius is being sued by those injured as a result of the use of GranuFlo. There were many people who experienced a similar injury due to the widespread use of GranuFlo across the United States, so there are actually many lawsuits pending against the company. On December 12, 2012, two plaintiffs involved in a lawsuit against GranuFlo moved to have a multi-district litigation established. Our Boston injury attorneys want potential GranuFlo victims to understand what an MDL is and how it impacts the case.

Multi-District Litigation in the GranuFlo Case
Fresenius is one of the largest providers of dialysis and one of the largest suppliers of dialysis products in the United States. They provide dialysis products for approximately 1/3 of the 400,000 dialysis patients in the U.S. In other words, many, many people use their products.

Unfortunately, GranuFlo was a dangerous product that they released. They did not warn doctors that it converted to bicarbonate in larger amounts in the body, and care providers thus did not account for this when administering GranuFlo. Patients with an excess of bicarbonates began to suffer heart attacks as a result. In fact, by November of 2011, more than 900 people had experienced a sudden cardiac event just in the clinics manned by Fresenius. With hundreds of deaths in their own dialysis clinics, Fresenius chose not to warn the public but instead to send out an internal memo only. This put countless more lives at stake.

Although the FDA has since issued a Class I Recall, the fact remains that this recall is too late for many who lost their lives in a cardiac event caused by GranuFlo and Fresenius. Those who lost their lives or who were injured all have the right to sue, and since there are so many of them across the U.S., multiple lawsuits have been filed to take action for the dialysis injuries.

It does not make sense to argue each and every one of these multiple cases separately when there are so many common issues to decide. This is why the motion to establish a multi-district litigation was filed and why the motion is so important. If the MDL is established, then the cases arising from GranuFlo will be consolidated in one court. Currently, the plaintiffs who requested the MDL on December 12 have asked that the MDL be established within Massachusetts.

An MDL and the consolidation of cases that it includes can make it easier and quicker for injured victims to get justice. Certain issues of fact, such as whether Fresenius is legally responsible for the injuries, can be established in one court rather than in hundreds of courts across the U.S.

It is important, however, to realize that an MDL is not necessarily the same as a class action. Class actions involve many plaintiffs who all suffered a similar or the same wrong at someone else’s hands. Multi-district litigation, on the other hand, is appropriate in cases where there is a widespread pattern (such as GranuFlo injuring people) but where the plaintiffs have different injuries or different sets of circumstance. In other words, in a multi-district litigation, not every plaintiff will necessarily get the same thing.

If the MDL is granted in the Fresenius case, however, it can streamline the process of getting justice as long as clients hurt by GranuFlo have attorneys to protect their rights and to stand up for them.
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January 17, 2013

OSHA Details on Winter Dangers That Affect Construction Workers

by Jeffrey S. Glassman

The job of the Occupational Safety and Health Administration (OSHA) is to protect workers from dangers or hazards in the workplace. OSHA establishes many different guidelines, rules and requirements for employers in order to ensure that workers are as protected as possible. Unfortunately, OSHA cannot protect workers against nature. As such, winter creates many workplace hazards for workers’ across a variety of industries.

Our Boston injury attorneys want to ensure that workers’ and employers are aware of the areas where there is added risk in the wintertime. This is especially important for those who work on construction sites. The vast majority of construction, whether for public projects, roads and streets, residential buildings or commercial buildings, tends to take place outdoors. This means that construction workers’ may be impacted more than most by cold weather and winter snow, sleet or ice.

Winter Dangers That Affect Construction Workers
OSHA has outlined a number of potential winter risks faced by workers. While driving a vehicle is one of the key dangers on OSHA’s list, there are also some other potential workplace dangers that OSHA has identified that are likely to hit construction workers’ hard. For example, some of the potential risks that arise for construction workers in winter include:

Driving accidents on dangerous or slippery roads. These accidents could happen when you are driving a construction vehicle, which could pose an especially great risk due to the size and weight of many of the machines used for construction
Exhaustion from strenuous activity such as shoveling snow. You may need to clear a jobsite before you begin construction work, forcing you to pick up a snow shovel. Overexertion from using a snow shovel could put you in danger of a heart attack, muscle strain or other injuries.
Back injuries or heart attacks as a result of snow removal efforts.
Electrocution as a result of power lines that have fallen. Since a great deal of construction work takes place along streets or in well-populated commercial areas, there may be a high concentration of power lines on construction sites that could fall on or near workers.
Roof collapses due to the weight of snow. Since construction sites may be unfinished buildings or older buildings with roofs that aren’t up to code, this is a very real concern for Boston construction workers during winter.
Hypothermia and frostbite. Both of these problems can occur as a result of exposure to extreme cold for too long. Unfortunately, construction workers may be performing a great deal of their work outdoors or in unheated structures that haven’t yet been completed and that provide little protection from cold temperatures. Construction workers, therefore, can suffer from either hypothermia or frostbite as a result of being on cold construction sites.

These are just a few of the many potential winter hazards that construction workers face on the job. If an employee does suffer an injury from these or other winter workplace hazards, the employee may qualify for a workers’ compensation claim or may be able to identify a responsible defendant to sue for the injuries sustained.
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January 17, 2013

Recent Decisions in Defective Tire Case Illustrate the Challenges in Proving Tire Defects

by Jeffrey S. Glassman

When a tire defect occurs on a car or motorcycle, a serious or even deadly accident can occur. Recently, accidents have begun occurring as a result of new motorcycle tires suddenly deflating. Two separate cases are currently pending against Goodyear Dunlop Tires, who manufactured the allegedly defective tires that led to injury.

In November of 2012, a federal court ruled on a motion in cases against Goodyear, giving the plaintiffs permission to inspect the manufacturing facility of the defendant. The court also ruled that the defendant would have the opportunity to inspect the tires and rims belonging to the plaintiffs at its plant. The plaintiffs are permitted to be present during the inspection.

The recent court decisions regarding the inspection of the plant and the inspection of the tires illustrate the complications inherent in defective tire cases. Our Boston defective tire attorneys are well-versed in the technical aspects of representing clients in defective tire cases and we urge injured drivers to understand where the challenges lie in these types of legal actions.

Proving Tire Defects Requires Technical Expertise
In the recent tire defect case, the judge who ruled that the Goodyear Dunlop manufacturing plant could be inspected did so because the plaintiffs needed to visit the plant in order to gather evidence that defects in the plant and its operations were the cause of the tire defect. Likewise, Goodyear Dunlop needed the opportunity to inspect the tires of the plaintiff to determine if there really was a defect or problem with the tires.

Answering the questions raised by either the plaintiff or the defendant will require a high level of technical expertise. After all, the average person who visited a tire plant would not be able to tell if there were defects in the plant that led to defects in the tires. Likewise, the average person couldn’t look at a tire and determine if there was a design or manufacturing defect or not. An expert who understands tire manufacturing and tire construction and design would need to be consulted to come up with answers.

When cases hinge on the testimony of an expert as to whether there was a tire defect or not, the case often comes down to a battle of the experts. The defendant might put forth a witness who argues that there were no problems with the tires and that there was no tire defect that caused an accident or any type of harm for the driver. The plaintiff, on the other hand, might have a witness that argued that there was a problem with the tire that created a serious accident risk. Both sides would present these experts and it would be up to the jury to decide who to believe.

Because plaintiffs and defendants usually both have expert witnesses with opposing viewpoints, the jury may make the decision on whether a plaintiff can recover compensation or not based on the jury’s opinion of the qualifications and knowledge of the experts. If you are a plaintiff in a defective tire case, therefore, you need to have the right expert witness representing and speaking up for you.
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