Articles Posted in Personal Injury

According to the Occupational Safety and Health Administration (OSHA), winter storms create many hazards for workers and can make it more difficult to perform work-related tasks. As OSHA makes clear, employers are responsible for the safety and the health of their employees and for ensuring a safe workplace. Employers, therefore, need to be aware of and take precautions to deal with winter dangers and must provide warning to their employees of the added risks that winter brings.

Our Boston injury attorneys know that worksites in winter can be dangerous, and that construction sites can present even more of a risk in bad weather. We urge every employer and employee to review OSHA guidelines and to exercise care when engaged in snow and ice removal.

Snow and Ice Removal On Construction Sites
Construction work doesn’t stop in the wintertime, and workers’ may work on remodeling or new builds as well as on needed repairs over the course of the winter. Unfortunately, in order to perform this work, workers may need to walk on slippery pavement. Workers’ may also need to remove snow and ice from construction sites so that they can continue to work. For example:

• A worker that is working on putting a new roof on a building may have to clean ice off of the rooftop before work can begin.
• A worker who is up high on scaffolding needs to be careful both of the potential for ice to form on the ground below the scaffolding and for the potential for ice to form on the scaffold itself.
• A worker can experience overexertion injuries due to removing snow from construction zones.
• A worker can be inside of a building and have the roof collapse due to excess snow on the roof.

These are just some of the ways that snow and ice on a construction site can spell bad news for worker safety.

Staying Safe
To better cope with snow and ice on construction sites, it is advisable to review OSHA’s information on hazards related to snow shoveling and snow removal, as well as OSHA tips for safely walking on snow and ice.

According to OSHA, shoveling snow can place tremendous stress on the body and can put a worker at risk of:

• Exhaustion
• Back injury
• Dehydration
• Heart attack

Ice, on the other hand, could cause a worker to fall when he is walking or working or could cause a worker operating construction equipment to spin out of control.

To minimize the risks of construction site accidents based on either snow or ice, OSHA advises:

• Working slowly
• Keeping your back straight when shoveling.
• Removing only small amounts of snow at one time.
• Wearing winter boots when you are walking on either snow or ice.
• Being on the lookout for any vehicles that could potentially lose traction
• Wearing sunglasses in the daytime to prevent the glare from the snow from blinding you, especially if you are operating construction equipment.

These are just some of the many tips that OSHA provides for avoiding a construction accident caused by winter snow and ice. Workers should be sure to follow these tips next time you go to a construction site on a bad day.

Of course, it is always important to remember that the entity ultimately responsible for any work injury is the employer. This is why employers both need to remind workers of these and other winter safety tips and why employers need to put common-sense safety plans in place for the winter months.
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The dialysis manufacturer Fresenius has become well-known not because of their advanced medical treatments nor because of their effective dialysis products. But rather because of a dangerous medical product they produced called GranuFlo.

Recently, however, Fresenius has been in the news for a different reason. According to Investors Business Daily, Fresenius has expanded their treatment options to offer overnight dialysis.

While our Boston injury attorneys are glad that dialysis patients are now being offered a solution that allows them to keep their days free for family and work, we are concerned about the history that Fresenius has in disregarding the well-being of patients who use these products and medical devices. We hope that night clinics will be properly staffed with fully qualified medical professionals and that the dialysis treatment provided at these clinics will be safe and effective so patients are not put at risk.

Fresenius Offers Overnight Dialysis Option
Fresenius has a vast number of dialysis clinics across the United States and is a leading name in the dialysis industry. According to Investors Business Daily, they have now pioneered a new program of night time dialysis. More than 140 different night time dialysis programs have been established throughout the U.S., including in Weymouth Massachusetts.

Night time dialysis allows for patients to undergo the process of having their blood filtered for waste products while they rest or sleep. This is an alternative to the standard daytime dialysis practices. Traditionally, patients on daytime dialysis will receive treatments three days per week and each treatment will last three to four hours, which can take up a major amount of time for the person who needs the life-sustaining treatment. With nighttime dialysis, however, patients will still go for treatment three times per week but they can undergo the treatment when they are resting or sleeping overnight, leaving their days free.

The process of nighttime dialysis is a little slower, with the dialysis treatment extending over eight hours. This slower process may be a gentler and healthier treatment, allowing patients to have better blood pressure control and better control of mineral levels.

Is Nighttime Dialysis Safe?
In theory, nighttime dialysis should be safe. In fact, because of the slower and gentler treatment, it might even be safer than daytime dialysis. However, in order for nighttime dialysis to actually be safe in practice, it is essential that the individuals undergoing nighttime treatment receive a high level of care. Providers of dialysis treatment at clinics must monitor and observe patients carefully, especially if those patients are sleeping, for signs of a potential problem.

Fresenius, unfortunately, does not have a very good track record of caring for their patients or protecting them. Their dangerous GranuFlo product resulted in many patients experiencing a bicarbonate overdose, greatly increasing their risk of cardiac arrest. This occurred because of doctor confusion about concentration of the product. As if this wasn’t bad enough, Fresenius knew of the danger and they alerted their own clinics in November of 2011 while at the same time failing to take action to warn the general public. Eventually, the dangers of GranuFlo became widely known, but in the meantime, Fresenius was putting more people in danger as doctors continued to dose them with the risky medicine.

Patients should be aware of the dangerous history of Fresenius and should take this into account when considering whether to undergo overnight dialysis treatments at one of their facilities. Whether overnight staff at these facilities have the knowledge and resources to keep patients safe remains to be seen.
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When a patient is on dialysis, it is very important for doctors and care providers to do everything possible to help ensure that the dialysis goes smoothly and that nothing happens to compromise the health of the patient either during the dialysis or when providing other medical care. Unfortunately, a 2009 study indicated that drug mistakes are very common in U.S. kidney dialysis patients. Tragically, these mistakes can be deadly.

Our Boston dialysis malpractice attorneys want to ensure that patients and doctors are aware of the high risk of drug mistakes. We urge every doctor and care provider to read drug warning labels in every situation, but especially when dealing with dialysis patients who have the added complication of failed kidneys.

Common Medication Errors in U.S. Kidney Dialysis Patients
A number of different types of medical errors may be made to put dialysis patients at risk. One study in 2009, however, revealed that there was a pervasive problem. The study, according to a Reuters press release, indicated that approximately 20 percent of patients in the U.S. who are on kidney dialysis and who undergo a procedure to open a blocked artery are given the wrong type of blood clot medication. When patients are dosed with the wrong drug, this significantly increases the risk of a hemorrhage and of potentially fatal bleeding.

There are two common blood thinners administered to patients who have a procedure to open blocked arteries. The blood thinners are called Lovenox, a brand name of enoxaparin, and Integrillin, a brand name of eptifibatide. Both blood thinners state in their drug warning labels that they are not recommended for use in patients undergoing kidney dialysis because they are cleared from the patient’s body through the kidneys. Dialysis patients, of course, cannot clear them through the kindeys since their kidneys do not work. There is, therefore, a significant risk of serious bleeding.

Despite the clear dangers of administering these blood thinners, researches found that many dialysis patients were being incorrectly dosed with the drugs. Researchers studied data collected between January 2004 and August 2008 from 829 hospitals and 22,778 dialysis patients. All of the patients studied had undergone a percutaneous coronary intervention, which is the medical term for a procedure to open a blocked artery. Of these patients, 5,084 of them had received a blood thinner that wasn’t recommended. This is about 22.3 percent of all patients studied.

The patients who received a blood thinner they shouldn’t have had twice the number of bleeding episodes in the hospital after their coronary interventions. There was also a higher rate of death among the patients.

These results are tragic, and they illustrate a major problem in the United States that affects all dialysis patients. That problem is that doctors may not properly read drug labels before administering medication. The blood thinners, and many other drugs, are all processed and removed from the body through the kidneys. Since dialysis patients do not have healthy functioning kidneys to do this work, all doctors and care providers MUST carefully read drug information to determine if any medication they are considering prescribing is safe for dialysis patients.
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According to the

Around 400,000 patients throughout the United States have kidneys that do not function. These patients are treated with dialysis, unless or until they are able to have a transplant of a healthy kidney. The purpose of the dialysis is to pump the blood out of the body, filter it of waste and return it to the body. Unfortunately, there are some risks for dialysis patients and one great risk is that a needle or tubes could become dislodged during dialysis.

Our Boston dialysis malpractice attorneys are concerned that many patients are unaware of the serious dangers associated with a dislodged needle during dialysis and are troubled by reports that some clinics don’t follow safety regulations to protect their patients. We urge every dialysis clinic to follow safety rules requiring that the needles and tubes connected to the body remain visible. We also urge patients to be alert and aware of a dislodged needle so they can avoid a deadly risk and urge lawmakers to institute tougher rules that could help prevent more patients from suffering harm.

The Dangers of a Dislodged Needle
The importance of following safety rules and monitoring the dialysis process were discussed in a 2010 article on ProRepublica. According to the article, a woman undergoing dialysis at a storefront clinic nearly died when the clinic failed to properly tape in place the tube that was putting the blood back into her body. Instead of re-entering her body, more than ¼ of the patients’ blood pooled beneath her on the floor.

This gruesome story was not an isolated incident either, as a ProPublica investigation discovered. While they indicate that no one knows for sure how often dislodged tubes or line separations occur, a 2007 safety survey conducted by the Renal Physicians Association did reveal that it wasn’t uncommon for the needle to dislodge during treatment. In fact, five percent of the patients responding to the safety survey reported that they had experienced their needles becoming dislodged during the prior three months.

When either a needle or a tube is not properly in place, a fatal hemorrhage can result. Patients undergoing dialysis are typically already suffering from health problems due to their failed kidneys and cannot afford a significant loss of blood as a result of the failure of the clinician providing the dialysis to follow proper safety regulations.

The Risks of Dialysis Injuries
Unfortunately, patients in the United States who undergo dialysis are at high risk of suffering from injuries due to a dislodged needle or tubing or due to other complications. In fact, the ProRepublica investigation indicates that around one in five dialysis patients die each year. This is almost twice the mortality rate of other industrialized countries who have dialysis systems in place.

The high mortality rate and the lack of comprehensive data about the number of dialysis patients injured or killed is symptomatic of a larger problem, according to patient safety advocates. The problem is that there are no federal regulations requiring dialysis clinics to report errors in treatment or to report injuries or death from medical mistakes. This is true even though most dialysis is paid for by the government through Medicare and despite efforts in 2008 intended to make dialysis safer. These 2008 programs mandated clinics incorporate programs to improve patient safety, but are clearly not doing enough.

Broader regulations, a requirement to report injuries or deaths, and tougher enforcement of safety standards will be key to making dialysis safer. In the meantime, clinics and patients need to be extremely careful of dislodged needles or tubing to avoid a deadly accident.
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A great deal of attention is typically paid to nursing home abuse cases in light of the fact that around a million elderly adults suffer some type of abuse each year. Unfortunately, the elderly are not the only vulnerable group that may face sub-par care in residential treatment facilities. The elderly are also not the only group who may experience abuse from their caregivers and who may be harmed as a result.

Our Boston nursing home abuse attorneys want to alert you that group homes in Massachusetts have also been found to fall short when it comes to patient care. This puts the disabled and the mentally ill at risk since they depend upon group home care providers to offer the care that is promised.

Massachusetts Group Homes Failing Patients, Negligently Falling Short In Care

According to 90.9 WBUR Boston, the Massachusetts Department of Mental Health (DMH) has hired many private vendors to supervise group homes and care facilities for the mentally ill. Under the system established in Boston, more than 29,000 people are treated under a component of the state mental health system referred to as Community Based Flexible Supports (CBFS). Unfortunately, numerous high-profile incidents in recent years have suggested that the proper care is not being provided and that both patients and group home staff are at risk.

In one tragic incident, for example, a group home worker was killed by a resident with a long history of violence. In another tragic incident reported by WBUR, a 24-year-old mentally ill woman hung herself from a pipe in a closet. These incidents, and others like them, may have occurred because group homes are underfunded and understaffed.

A joint investigation by the New England Center for Investigative Reporting and WBUR also indicated that even six months after the suicide occurred, problems still persist that make group homes dangerous. DHM records also have bad news, as they show an increase in the number of safety violations and violent incidents between January 2009 before CBFS and February 2011.

Legal Responsibility for Injuries in Group Homes

When a patient who cannot care for himself or herself is accepted into a group home, the group home becomes responsible for providing reasonable supervision and care. If the group home fails to do so, then the home may be considered negligent and can be held legally accountable for loss. In the event that the group home’s failure to provide adequate care led to a death, then surviving family members may be able to bring a wrongful death claim.

Legal claims against group homes for failure to provide sufficient care can be complicated, however, as it can be challenging to prove that the death or injury to the resident occurred as a direct result of some negligent breach of duty. In some cases, determining who the appropriate defendant is may also be complicated.

Still, like abusive nursing homes that mistreat their patients, a group home that fails to live up to its obligations should be held accountable for the actions they have taken that led to harm.
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According to the New York Times, there are an estimated 200,000 deaths each year as a result of preventable medial mistakes. In many cases, medical errors can also cause a patient’s condition to grow worse or can injure or kill a patient. Because there are so many errors, patients or family members of surviving victims are forced to sue a doctor or hospital for damages.

The large number of medical malpractice lawsuits has had many different consequences, but one unfortunate side effect of these lawsuits is that hospitals and care providers are often very reluctant to provide information to patients or even to listen to feedback from patients after an injury or death occurs.

Our medical malpractice attorneys are concerned that the disturbing reluctance of care providers to communicate with patients or families after a mistake is made is causing the quality of medical care to decline. Further, families who want answers may be frustrated by the lack of cooperation from hospitals.

Hospitals & Doctors Reluctant to Talk to Patients in Potential Malpractice Cases
In December of 2012, Boston.com reported on one incident that showed just how reluctant hospitals are to take responsibility for potential mistakes or even to listen to feedback and suggestions. According to the article, a Boston emergency room physician from Brigham and Women’s Hospital expressed his frustration with a Wisconsin hospital that had treated his mother for a systemic infection. The Boston doctor watched as the hospital staff failed to start a standard drug treatment on his mother. Tragically, his mother died as a result of the infection.

The Boston doctor did not wish to sue the hospital, but instead wished to speak with the physician leader or administrator to provide feedback and to hear from the hospital on what went wrong and how they would prevent another avoidable death from occurring. Unfortunately, the Boston physician was unable to have an open conversation with the hospital. Instead, after months of trying to get into contact with officials, a hospital administrator gave a “sanitized” verbal admission of error. This inadequate response was likely given as a result of fear of a malpractice lawsuit.

Families Struggle After Medical Malpractice Deaths
When even a doctor is not able to get another hospital to answer simple questions, even though he is not threatening to sue, this underscores the difficulty that the average person or family might have in trying to get answers after a medical mistake.

If one of your family members or loved ones has been hurt, or if you have been injured as a result of medical malpractice or hospital malpractice, you have the right to understand what happened. You also have the right to make the hospital pay for damages. As the tragic story of the Boston doctor’s mother shows, you will likely have difficulty getting the answers you need and enforcing your rights without putting some type of legal pressure on the hospital to stand up and take responsibility.
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Decorating homes and businesses is a long-standing tradition around the holiday season.

Unfortunately, these same decorations may increase your chances of fire. As a matter of fact, the National Fire Protection Association (NFPA) estimates that there are more than 200 structure fires that are caused by Christmas trees every year. Each year, these fires kill about 25 people, injure dozens and cost close to $14 million in property damage. Many of these accidents and fires could have been prevented if residents were more aware of the dangers that accompany this joyous holiday.

It’s also important to remember that you may have taken all of the proper safety precautions to keep your home fire-free this holiday season, but there are still risks from neighbors, apartment complexes and businesses. All of these places have an obligation to fire safety. This may mean that condos, businesses and homeowner associations may set rules and regulations regarding decorations to help ensure tenant and visitors are not at undo fire risk.

Our Watertown personal injury attorneys understand that fires are still possible even with strict rules, regulations and precautionary measures in place. Sometimes fires can start because of shorts in electrical lights. Still, we’re asking everyone to check out their holiday decorations, place them strategically and talk with friends and family members about these threats.

Officials with Watertown, Massachusetts are here to offer you some safety tips for your Christmas tree and other holiday decorations.

Holiday Fire Safety Tips:

-Avoid putting up your tree too early.

-Don’t leave your tree up for more than 2 weeks.

-Keep trees away from heat sources, including heat vents or fireplaces.

-Keep the tree live and hydrated with water at all times.

-Only use nonflammable decorations.

-Never leave your holiday lights on or unattended. Consider setting timers for your outdoor lights if you’re not going to unplug them before you go to bed.

-Do not link more than three strands of lights together unless the directions state that it’s okay.

– If you’re using an artificial tree or a metallic tree, make sure it is flame retardant.

-Avoid using candles. If you want the same effect, go at it safely and use flameless candles operated by batteries.

-Make sure that none of your decorations block any exits.

-When your tree dries out, get rid of it immediately. The best way to do this is to take it to a recycling center or have it picked up by a community pick-up service.

-Check out your holiday lights before using each year. Look for cracked sockets, gaps in insulation, bare spots, frayed wires or excessive kinking.

-Never put lit candles on a tree.

-When using candles, do not place them near any other surfaces, especially fabrics, furniture or any loose ends.

-Never put wrapping paper in a fireplace.
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On November 23, 2012, a Columbia Gas Co. worker responded to reports of a gas leak in the Springfield entertainment district. The worker followed markings intended to identify the location of the gas line and, working an appropriate distance away from where the gas line was supposed to be, used a metal tool intended to drive a hole to see if any gas was leaking outside. The tool, which was supposed to discover the source of the gas leak, unfortunately punctured a high-pressure gas line instead. A devastating explosion resulted, causing damage to 42 buildings and injuring 20.

According to USA Today, Columbia Gas Co. reported that the worker followed proper protocol and did what he was supposed to do. Unfortunately, the markings indicating the location of the gasline was outdated, thus leading to the terrible explosion.

Our Boston personal injury attorneys are concerned for the victims of this explosion and are also concerned that this explosion is a harbinger of things to come.

The infrastructure in many major cities is aging, and CleanTechnica recently reported that Boston University and Duke University Researchers had identified more than 3,000 gas leaks in the aging pipelines within Boston. Natural gas leaks present very real dangers to people living near them, and explosions like this recent Springfield explosion may begin to occur more frequently if steps aren’t taken to make gas pipelines safer.

The Springfield Natural Gas Explosion
The Springfield natural gas explosion was a major one, with WDHD quoting a witness who described the aftermath as similar to the effects of a hurricane. Windows were blown out in buildings within a three block radius; a strip club was flattened; a daycare was severely damaged and three large buildings were damaged beyond repair. A six-story apartment building and more than 115 housing units were all affected by the blast.

Despite the massive destruction of property, however, those in the vicinity were relatively lucky as there were no fatalities in this explosion and only around 20 injuries. Most of the people who suffered injury were utility workers, police officers and fire fighters who took cover behind a utility truck immediately prior to the explosion. The truck was demolished, but saved the lives of the workers and the first-responders. Many lives were saved as a result of swift action on the part of the utility workers and firefighters in evacuating residents and individuals in nearby buildings.

The Consequences of the Natural Gas Explosion
With 42 buildings immediately condemned and 24 others requiring additional evaluation by structural engineers, this explosion caused millions of dollars in property damage. Those who were injured will also incur costs for treatment. Columbia Gas Co. intends to open a claims center on Monday for businesses and residents who were impacted by the explosion.

Those injured in a natural gas explosion may have legal recourse against the company that was responsible for the accident. Injured victims may recover damage for their financial losses as well as for other losses resulting from pain and suffering and medical expenses.
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Facing some measure of accountability for the 32 people who have died and more than 460 who have been sickened, the owner of the New England Compounding Center raised his right hand before the House of Representatives, swore to tell the truth and then refused to answer any questions.

Our Boston meningitis attorneys are not surprised that the head of a company that has shown so little regard for the well-being of others would fail to take responsibility and provide answers to the families who have lost loved ones.

He will be called again to testify soon before a Senate committee, though it’s likely we can expect more of the same.

Perhaps even more troubling is that while Congress presses forward with efforts to obtain some insight, legislators had the opportunity nearly a decade ago to approve measures that might have prevented this in the first place – and shut down this dangerous operation.

Back in 2003, Dr. Steven Galson was a top official at the U.S. Food and Drug Administration. At the time, he testified before the Senate Health, Education, Labor and Pensions Committee, telling them that his agency had conducted a small survey on about a dozen compounding pharmacies.

If you recall, these are facilities where the intent is to make custom drugs at the request of physicians for certain patients. Instead, what we are finding is that they have been mass-producing medication without a license, which is partly what officials believe led to the contamination issues that spurred the nationwide fungal meningitis outbreak.

Galson at the time told the committee that of the 29 drugs tested, including steroids, hormones, antibiotics and drugs to treat asthma, erectile dysfunction and glaucoma, 10 failed quality testing. Nine of those failed potency tests, in some cases showing a potency of less than 70 percent.

When people are counting on these drugs to aid them in meeting critical medical needs, this is absolutely unacceptable.

Now compare those results to the tests conducted around the same time on products directly from drug manufacturers. Of 3,000 samples tested, only four failed quality control.

FDA officials say the government had ample warning of serious problems in the compounding industry, and yet chose not to act.

Shortly after Galson delivered his testimony, Congress shot down an effort to establish an FDA oversight committee specifically for compounding pharmacies. And there have been multiple efforts since then to establish a greater level of oversight – and legislators have continued to shoot them down. Before his death, Massachusetts Senator Ted Kennedy sponsored a bill that would have created better oversight, however lawmakers failed to pass it amid heavy lobbying by the pharmaceutical industry.

Lobbyists continue to stress the great need for compounding facilities. We could concede that, when operated as intended and according to the high standards set for other drug makers, these facilities serve a purpose. However, the problems began when Congress repeatedly denied oversight authority to the FDA.

Now, legislators are demanding answers from the NECC (and the Ameridose facility, also in Massachusetts). But the fact is, these problems were nothing new. Too bad that it took a tragedy of this scale for Congress to take action.
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