Articles Posted in Personal Injury

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.
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Santana Busline, Inc., Springfield-based, has been ordered by the Federal Motor Carrier Safety Administration (FMCSA) to cease unauthorized interstate passenger services immediately. The company was also declared to be a serious hazard to public safety. It was busted for failing to make sure that its vehicles and drivers comply with federal safety regulations.

Our Springfield personal injury attorneys understand that many locals and out of towners have relied on this company. Ir runs its services through Springfield, New York City and Hartford. What we don’t expect when hiring these kinds of companies are to be put at unnecessary risk. We turn to these companies with the thought that they’re working with safe equipment and qualified drivers. Unfortunately, that’s not always the case.

“We won’t allow the traveling public to be put at risk by unsafe bus operators,” said Ray LaHood, U.S. Transportation Secretary. “We will take swift action when we uncover companies that ignore our federal safety regulations.”

Back in October, the company was denied DOT operating authority to transport any passengers on the interstate. It was denied this authorization because of its close affiliation with Santana Xpress, Inc., which was another company that was put out of service by the FMCSA. It didn’t get a good safety rating and refused to pay the civil penalties that accompanied violations.

Earlier this year, in January, Santana Busline was working with unmarked passenger vans. It was those vans that sparked an investigation and it was determined that the company was working without the proper authority and without meeting the minimum federal safety regulations.

Drivers weren’t meeting the hours-of-service requirements, meaning that they were overworked and tired behind the wheel — serving up serious risks for drowsy driving accidents. The company was also busted to allowed under-qualified persons to operate buses and for neglecting to inspect the buses properly. They equipment also was not properly repaired or maintained.

We’ve got to keep busing companies like Santana Busline off of our roadways — our safety relies on it. If you encounter an unsafe company, you’re asked to file a report with the FMCSA.

If you’re planning a trip with a busing company, you should do your homework. Make sure you look into the safety reports of these companies and check to make sure they’re following federal regulations. The lowest fare doesn’t always mean the safest ride. You can check these ratings and other important safety information by using the FMCSA’s Safer Bus App. With this app, users can easily access a bus company’s safety performance record or file a complaint. You can also check a company’s authority and insurance status, safety performance records as well as its safety results.

The SaferBus app is available through the Apple iTunes App store and was developed by the FMCSA for the iPad and iPhone. The app is free. All you have to do is enter the name of a bus company, or the company’s U.S. DOT number or Motor Carrier (MC) number, and you can access information related to that company in the database. This is going to allow you to review information about a company’s safety performance and whether or not the company is legally “allowed to operate.”
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GranuFlo and NaturaLyte were two products made by a drug manufacturer called Fresenius Medical Care. The products were used in dialysis centers operated by Fresenius as well as at other centers throughout the United States.

Unfortunately, the Fresenius dialysis solutions turned out to be very dangerous products that significantly increased the possibility that a dialysis patient would suffer from cardiac arrest. Our Boston injury attorneys believe that Fresenius was responsible for the deaths that occurred due to its defective and dangerous products and we believe that the company will be held liable in the numerous lawsuits that have already been filed.

Lawsuits Filed Against Fresenius
Fresenius products were used by thousands of dialysis patients throughout the United States, all of whom were put at risk. The problem arose because doctors were not warned that GranuFlo contains a substance that converts into bicarbonates when it is in the body. The solution, therefore, was not mixed correctly by physicians to account for the extra bicarbonates. Too many bicarbonates can result in cardiac problems developing, including catastrophic heart injuries and even cardiovascular death.

As a result of the improper use of the dangerous GranuFlo and NaturaLyte products, many patients did suffer heart attacks or experience strokes. Because these adverse medical events can be traced directly back to the bad dialysis solutions, Fresenius should be responsible for compensating victims who suffered.

Lawsuits have already been filed across at least eight different states in order to hold Fresenius accountable for what the company did. The lawsuits were filed in states including Ohio, Texas, Florida and California and all allege dosing errors that resulted from the negligence of Fresenius Medical Center.

The patients who suffered the deaths due to Fresenius who have already filed suit range in their ages from 23 to age 89. All have something in common though: they suffered as a result of the use of Fresenius’ products and some even died from cardiac arrests or strokes.

These initial lawsuits may be only the tip of the iceberg, as many others who suffered from complications due to GranuFlo and NaturaLyte will likely also take legal action or have already begun the process of doing so. When a product is used as widely as GranuFlo and NaturaLyte, it doesn’t just injure a few people but instead injures thousands throughout the country.

All of these plaintiffs normally join together in class actions and/or in multi-district litigations in order to hold the manufacturer of the defective medical product accountable. In fact, on December 12 we discussed a motion that had been filed to establish a multi-district litigation.

Holding Fresenius Accountable
When there are multiple different lawsuits against a single manufacturer based on a single product defect, then the first lawsuit to go to trial is normally very important. This case will be the first to test in court in whether it can be proved that Fresenius is accountable to its patients for injuries. If the trial ends in favor of the plaintiff and a large verdict is awarded, then Fresenius may be much more eager to settle the case quickly and for a fair amount of money for all plaintiffs.

While this can be a desirable outcome for those who have been injured by Fresenius, you should not wait to see how the lawsuits unfold before you take action if you have been hurt. You have only a limited amount of time to file your claim within the statute of limitations and you want to be sure you have a chance to stand up for yourself and to fight to obtain compensation for your own injury or for the loss of a loved one due to the dangerous Fresenius products.
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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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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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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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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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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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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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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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