Boston Personal Injury Attorney Blog
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In Stuhlmacher v. Home Depot U.S.A., Inc., plaintiff was injured in November of 2008 while building a cabin for his parents. The cabin was in Sullivan, Indiana. A few days before his accident, plaintiff purchased a four-legged stepladder from a big box hardware retailer, so he could work on the roof.

stair-folding-1185444-m.jpgDuring his first time using the ladder, it fell from the side of the house. He grabbed onto the rafters and then fell to the ground on the right front rail of the ladder. His groin made contact with the ladder when he fell. He suffered a shoulder injury, but his most serious personal injury was to his penis. His doctor diagnosed plaintiff with Peyronie’s disease.

Peyronie’s disease is painful condition that causes one’s penis to become bent, which among other things prevented plaintiff from having sexual intercourse with his wife.
As our Boston personal injury attorneys can explain, when a victim of a personal injury is no longer able to have a normal intimate relationship with his or her spouse, the law provides a remedy known as loss of consortium damages, which can be awarded to the victim’s spouse.
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Branham v. Rock, a personal injury appeal from the Supreme Court of Kentucky, involved plaintiff who was injured while riding as a passenger in her husband’s truck. She was not wearing a seat belt when the truck drove off the road and hit a tree. The passenger side airbag deployed but did not prevent her from hitting the front windshield. He was briefly unconscious following the car crash.

helicopter-1335914-m.jpgEmergency workers arrived at the scene and took her to a local hospital where doctors ordered a head and neck CT scan. The scan was done “out of an abundance of caution” to rule out internal bleeding. She was then transported by air to another trauma center. There doctors ordered a chest x-ray, which revealed blunting to the left costophrenic angle, which could be related to “effusion or scarring” and a “3.5 cm mass-like density” in the left lower lobe. This caused concern among doctors, but she was discharged with instructions to follow-up with her primary care physician.

About 36 hours later, she died from what the autopsy revealed to be a ruptured aorta caused by blunt-force trauma to the chest. A year following her death, plaintiff filed a wrongful death action, claiming medical malpractice against the hospitals and treating physicians. The trial judge dismissed claims against hospitals on grounds of sovereign immunity, and the jury found for the defendants. Plaintiff appealed trial court’s finding of sovereign immunity and jury’s verdict claiming it was inconsistent with evidence presented at trial.
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Whaley v. Sharp, a case from the Supreme Court of the State of Kansas, involved a plaintiff who went to defendant’s emergency room for treatment. The day after being admitted, plaintiff was to be transferred to Wichita for additional treatment. She died in transit.

washington-dc-4-181266-m.jpgPlaintiff’s adult daughter was appointed personal representative of plaintiff’s estate and a submitted a claim to defendant’s attorney. Plaintiff claimed hospital was responsible for the negligent conduct of its employees and also failed to properly hire, credential, and supervise its employees. Damages were in the amount of $1.25 million according to court records.
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Gilbert v. Wessels, a case from the Supreme Court of Tennessee, involved plaintiff who underwent laser eye surgery performed by defendant ophthalmologist. After suffering a serious personal injury as a result of this surgery, plaintiff filed a medical malpractice action against defendant.

laser-1-327335-m.jpgTrial court set the case for trial in July of 2012, and then later continued trial date until October of 2012. Less than a month before trial, defendant filed a motion to waive the state’s contiguous state requirement for expert witnesses, requesting that an ophthalmologist from Florida be allowed to testify on his behalf at trial.

His reason for this was only three doctors in the county, he claimed, were experts in this new type of laser eye surgery, and there was not a doctor in his state or a neighboring state who could testify about the appropriate standard of care when performing this eye surgery.
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Grimes v. Saban is a personal injury case from the Supreme Court of Alabama. Plaintiff and defendant, along with others, were in the kitchen at defendant’s apartment after spending the night a local bar. According to court records, both parties were drinking alcohol at the time of the incident.

young-generation-2-1179314-m.jpgPlaintiff allegedly offended defendant when telling her to shut up. Defendant locked herself in her bedroom. While there she allegedly posted disparaging remarks about plaintiff on Facebook. Plaintiff confronted her about this and Defendant held up her phone saying she already deleted the post. The two women then got into a physical altercation.

During the fight, the cellphone was thrown against a wall and more fighting occurred. Eventually the parties were separated and her friends drove plaintiff to the emergency room. She later filed a civil action for assault and battery in connection with her injuries.
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In Hammond v. Saini, a case from the Supreme Court of North Carolina, plaintiff went to defendant’s hospital in 2010, to remove a possible basal cell carcinoma on her face. During surgery, drapes were placed on plaintiff’s face, and an anesthesiologist along with nurse anesthetists administered supplemental oxygen to plaintiff though a mask.
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When we drop our children off at daycare before heading to work, we trust employees will take good of them. We also trust daycare owners have properly screened and trained their employees, so no harm will come to our children.

hand-cuffs-12754-m.jpgAccording to a recent news article from WTNH, a New England area daycare worker is facing criminal charges after allegedly kissing an eight-year-old girl on the lips. Authorities are reporting a 77-year-old employee kissed the girl during an after-school program. It is has been alleged he kissed the young victim on at least five separate occasions.

During a police interview, daycare employee said it was the young child who accidentally kissed him while she was running and jumping into his arms. He also stated he viewed it as an accident, which occurred during an embrace between friends and happened on several other occasions earlier that month in the same manner.
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In Grove v. Peacehealth St. Joseph Hospital, an appeal from the Washington Supreme Court, plaintiff underwent a six-hour heart surgery procedure by a doctor at defendant’s hospital. This surgery occurred on December 21, 2006. He remained plaintiff’s primary doctor until December 25, 2006, when he left for the holidays. At this point, a second doctor took over plaintiff’s care and remained as such until plaintiff was released from the hospital.

heart-1063962-m.jpgWhile plaintiff’s heart surgery was successful, his recovery did not go so well. He suffered various complications, including pneumonia and a blood infection. Doctors had to intubate plaintiff on December 23 through December 26 and had to bring in an infectious disease specialist to treat plaintiff.

By December 29, 2006, his left calf was swollen, red, and painful and he had extremely weak joints, especially in his left leg. His doctors believed he had an infection known as cellulitis, which is normally treated with antibiotics, even though plaintiff was already on antibiotics due to his earlier blood infection.
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According to a recent report from the Braintree Patch, a local family is suing a national grocery store owner and a cattle ranch in Missouri after their son died after ingesting a powerful strain of E. coli bacteria. The family is alleging their son became sick from eating tainted ground beef sold at the Braintree store.

grillin-burgers-858671-m.jpgThis grass-fed beef was produced from cattle raised at the Missouri ranch and sold at the local market. After this incident, the retailer issued a recall of all ground beef due to possible E. coli contamination.

Storeowners have issued a statement expressing their condolences to the family for the tragic loss of their son, but they deny any liability for the incident, claiming investigations did not show any link to their business. The ranch owners also issued statements saying their testing has conclusively established the contaminated meat did not come from their ranch.
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Maguire v. City of Providence, a case from the Rhode Island Supreme Court, involved plaintiff who was disabled and walking with a crutch when the crutch got stuck in a hole in the sidewalk pavement. This caused her to lose her balance and fall onto the sidewalk. She suffered various personal injuries as a result of this fall.

broken-sidewalk-2-1090214-m.jpgThe sidewalk where she fell was in front of land owned by a developer and leased by a retail store and a restaurant. Plaintiff filed a civil negligence action against retail store, restaurant, and the city of Providence treasurer. The complaint included state negligence claims and federal disability claims.
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