Articles Posted in Personal Injury

Our Boston personal injury attorneys have been closely following the aftermath of the discovery of a deadly strain of fungal meningitis at a pharmaceutical compounding center in Framingham. ecoli.jpg

Now, new reports indicate that even more people have been sickened or died as a result of exposure to this deadly strain. This was a company that was making and distributing drugs in massive quantities across the country, even though it reportedly had no license to do so. What’s more, the state’s pharmacy board director has been fired, while the board’s attorney has been placed on leave, for not alerting state officials to the issue when they first learned of it.

Federal health officials, who have been monitoring the situation, says that the deadly strains of meningitis is the confirmed culprit for 31 deaths (as of Nov. 7) and 424 severe illnesses. This is throughout 19 states. Additionally, there are 10 more who haven’t tested positive for the meningitis, but did receive the steroid injections believed responsible, and have reported infections in joints, such as their shoulders and ankles.

The situation has gotten so bad that two separate congressional committees are expected to soon hold hearings on the outbreak, forcing the facility’s chief pharmacist to testify. (Ironically, it is in part the inaction of Congress that has allowed these pharmaceutical mixing facilities to continue to operate virtually unsupervised — a fact the late Senator Ted Kennedy tried to prevent with legislation before his death).

However, we should at last begin to get some valuable insight into how these events unfolded. We do know that in Tennessee, where the outbreak was first discovered, a rigorous investigation is also well under way.

Meanwhile, Massachusetts State Pharmacy Board Director James Coffey was fired, according to sources cited by The Boston Globe. The Tennessee investigation indicated that the Colorado Board of Pharmacy told both the Massachusetts Pharmacy Board and the Food and Drug Administration that the New England Compounding Center was responsible for handing out drugs in bulk. This was before they knew any of the drugs were problematic. But the issue was that compounding centers such as this are intended only to mix certain drugs for specific prescriptions – not be mass producers.

But officials with the Massachusetts pharmacy board and the FDA are trying to pass the buck, each saying they did not hold the authority to shut the center down. The FDA said that while it can conduct inspections on the facilities for cleanliness, it can’t close them down. It cited legislation 10 years ago that would have given the agency more authority, however the U.S. Supreme Court struck the measure down after finding it partially unconstitutional.

Since the meningitis outbreak was discovered and traced, the Framingham facility has shut down on its own, and all of its drugs have been recalled.

The hearings scheduled by Congress should happen soon – with one held by the Senate and another by the House. The head of the Framingham pharmacy had told a committee representative he would not testify voluntarily. As such, both entities have issued subpoenas to force him to testify.

In addition to his account, the legislators want to review FDA documents from previous inspections of this and other compounding pharmacies. Specifically, the committees are seeking information as to whether the FDA notified the states in which issues were discovered, and whether, in those instances, there was any follow-up action or sanctions.

New information from the Centers for Disease Control indicates that the outbreak can be directly traced to three batches of a steroid that were contaminated at the Framingham compounding facility. One of those batches was more contaminated than the others.

Subsequent inspections of the facility have indicated other drugs made there were also contaminated, but so far no illnesses have been reported as a result.
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Officials in Boston and in Springfield are looking to make the area greener.

According to the Massachusetts Department of Transportation (MassDOT), they’re working to triple the share of travel in the state by transit, walking and biking. This is an established vision that’s going to sweep the state. Not only is it going to help to whip residents and visitors into shape, but it’s going to help to save money and to make the roadways a little less congested. It’s a win-win for everyone.
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Our Boston personal injury attorneys understand that an increase in this kind of vulnerable traffic is going to bring about an increase in the risks for accidents, injuries and fatalities. We’re asking all of those who continue to commute by vehicle, to be cautious of travelers of all kinds. Bicyclists and pedestrians are entitled to our roadways too and they follow laws of their own to help to reduce the risks of accidents. Safe travel is a team effort.

What officials are trying to do is to allow other forms of transportation to absorb the travel demand that continues to contribute to highway congestion. This is an obstacle that’s slowing down our potential for economic growth. By getting more people out on their feet and out on their bicycles, we will all be able to offer a helping hand in the fight against obesity. Currently, we’re seeing some record rates of obesity across the country.

MassDOT may be dealing with a tight budget and limited resources, but officials say they’re ready to tackle the challenge and provide healthy and sustainable transportation options for all customers.

“We all have a stake in achieving a statewide mode shift goal and establishing a sustainable transportation system that meets all our customers’ needs and that we can afford to maintain.” said Richard A. Davey, Secretary for MassDOT.

One of the main goals of this project is to also help to reduce greenhouse gas (GHG) emission. Officials with MassDOT are looking to reduce the level of GHG emission by at least 25 percent by 2020.

Pedestrians and bicyclists are more likely to be injured or killed in an accident with an automobile than the occupants of the vehicle.

Safety Tips:

-Make sure you use sidewalks and bike lanes. Stay away from vehicular traffic.

-Wear bright colors to be easily seen by motorists. If you’re walking near dawn or dusk, you should also make sure you’re equipped with a flashlight and reflectors.

-Only cross at crosswalks or at street corners. You’re more likely to get into an accident when jaywalking (or biking) because motorists don’t expect you in these areas.

-Avoid traveling at night. Drivers are less likely to see you in the dark.
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Recently, officials with the City of Boston and City Mayor Thomas M. Menino announced that business and homeowners in the area who were affected by Hurricane Sandy can turn to them for assistance. City officials are working to reopen business in the area and to get residents back to work. It’s not actually during the hurricane that is most dangerous, but before and after. Beforehand, you’ve got to prep your house for the worst. After, you have to clean the mess behind. Both come with some serious risks for accidents, injuries and fatalities.
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Our Boston personal injury lawyers understand that it is critical that homeowners and business owners do what is necessary to reverse the damage caused by water and wind before the winter seasons moves in. You want to make sure that all windows are properly covered. If you’re not planning on staying at the property in question, then you should make sure that all outside items are moved inside and that all electrical equipment is unplugged and moved away from windows. If you’re leaving your business or home, make sure that you have all of the things you need, including important documents, medications, nonperishable food items, extra clothing, cash and even a first-aid kit.

Our area got winds between 40 and 50 miles per hour. That was enough to do some serious damage. Wind gusts reached 80 miles per hour. It was so bad that Mayor Menino asked local employers to let their workers stay home. We had coastal flood warnings as well as and high wind warnings for the area. Both of these warnings went through Monday morning.

“I urge Boston employers to assist the city in keeping residents safe, and allow employees to work from home,” said Menino.

Helpful Phone Numbers:

-Office of Business Development: 617-635-0355.

-Boston Home Center: 617.635.HOME
Trees were a big problem in the area. Officials with the Boston Parks and Recreation Department report that there are fallen branches and trees all over! Crews are trying to figure out which areas are most important and are tackling cleanup there. They’re starting with public sidewalks and streets. As of Tuesday morning, there were over 600 reports of tree-related emergencies through the Mayor’s 24 Hour Service.

When cleaning up your property, whether your business or your home, be cautious of hanging or downed power lines. This is where the risks for electrocution comes in. Even if you think a line is dead, never go near it. Call the local power company and have them deal with it.

So what can you do in the future to stay safe? You can start by registering for emergency notifications with the City of Boston. You’re also urged to call the Mayor’s 24-hour hotline (617-635-4500) with any storm-related issues or concerns. Education and awareness are two of your best keys for safety in these kinds of disasters.
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Did you know that choking and suffocation are the 3rd leading cause of at-home and community fatalities in the country. In most of these cases, foods are the culprit.

But when we’re talking about young children, small toys, marbles, nuts and even coins can get caught in their throats. Choking can cause a simple coughing fit, but can also turn into something more serious — like a complete blockage of the child’s airway. In many of these more serious cases, death results, according to the National Safety Council (NSC).
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Our Boston personal injury attorneys understand that choking can happen to people of any age, but children who are under 3-years-old are the most vulnerable. Also, older adults face an increased risk of choking on food.

For kids who are younger than 1, everything goes in their mouths. They stick food, household items and anything else they can get their hands on into their little chompers. It’s important for parents to not only keep these small items away from their kids, but to always become familiar with the signs of a choking child.

Signs of a Choking Child:

-Unable to make sounds, like crying.

-Letting out a soft cry, a weak cough or both at the same time.

-Having a tough time breathing.

-Turning blue in the skin.

-Losing consciousness.

-High-pitched or soft sounds while trying to inhale.

Preventing Choking:

-Always keep small objects out of reach of infants and other small children.

-While a child is eating, make sure that they’re sitting. Never allow them to move or run around.

-Always cut up their food into bite size pieces.

-Only give them a tiny amount of food at a time.

-Never give a child any hard candy.

Choking is the third leading cause of at-home injury for residents over the age of 76. These risks peak when they turn 85 and it becomes the second leading cause. Failing to thoroughly chew food is the number one cause of these accidents, but consuming alcohol, chowing down too fast and health conditions also increase the risks.

Signs of a Choking Adult:

-Gagging or coughing.

-Pointing to or clutching the throat.

-Suddenly being unable to talk.

-Wheezing.

-Losing consciousness or passing out.

-Turning blue of the nails, lips or skin.

If you see someone choking, your best bet is to call 9-1-1 right away. If you’re familiar with how to complete abdominal thrusts to clear the victim’s airway then do so. If you have young children in your household, you’re urged to get certified in CPR and other lifesaving techniques.

If you are choking and you’re home alone, even if you can’t speak, call 9-1-1. Emergency responders will still handle a phone call even if there are no details given. You can attempt to clear your airway yourself by thrusting your mid abdomen on something firm, like a chair or a table or even a railing.

If you are able to clear the airway, it’s important for you to seek medical attention anyways. There could have been damage done to your airway and you may face increased risks for an future choking incidents.
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MBTA ridership increased again!

According to the Commonwealth Conversation‘s Transportation page, the Massachusetts Bay Transportation Administration’s (MBTA) new cars on the Blue Line at Maverick saw increased ridership this August, compared to last year.

Transportation officials report a more than 1 percent increase, meaning there was an average of close to 1.3 million passenger trips taken every weekday. We’ve seen year-to-year increases in 18 out of the last 19 months.
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Our Boston MBTA accident lawyers understand that the Blue Line wasn’t the only system to see an increase during this time period. Ridership on the subway also increased, by more than 2.5 percent. The Trolley-Green Line also saw a weekday average ridership increase by about 1.5 percent. The Commuter Rail was up by close to 1.5 percent as well.

Bus ridership dropped by more than .5 percent. With ridership increases, residents and visitors are warned. With more congestion, we face higher risks for accidents. Be calm and be safe out there to help to reduce these risks. Keep safety as a number one priority.

“The robust demand for public transit is a clear sign that we need to maintain a strong transportation system in the Commonwealth,” said Richard A. Davey, MassDOT Secretary & CEO.

Officials with the MBTA are ready to take it to the next level, too! Recently officials kicked off a number of statewide public hearings to help to bring residents, community leaders and business owners on board with a plan for the advancement of the transportation system through the Commonwealth area.

Back in August, legislation was passed that required the Massachusetts Department of Transportation (MassDOT) to hold a minimum of six public meetings before deciding whether to create a long-term financing plan for the Massachusetts’ transportation system. To help to make sure that everyone in the Commonwealth area is represented, officials with MassDOT have decided to hold 15 different meetings.

At these meetings, reps for each of MassDOT’s divisions (MBTA/Rail and Transit, Aeronautics, Highway, RMV) will be on site to answer question and provide any additional information to attendees.

Before, agencies worked alone to finalize these decisions. Now, under the Act Modernizing the Transportation Systems of the Commonwealth, agencies are working with one another to find new and better ways to get residents and visitors from point A to point B. In addition, MassDOT has implemented more than 90% of the recommendations issued in 2007 by the Transportation Finance Commission.

With ridership increasing and construction taking place, our risks for an accident increase significantly. It’s important to keep safety as a number one priority while riding any of the MBTA’s forms of transportation. Keep an eye on your surroundings and remember to be a courteous travelers. Awareness can be your best defense against a serious accident or injury on the MBTA.
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You might think that dog is man’s best friend, but we all have our days — even dogs.

According to the Centers for Disease Control and Prevention (CDC), there are more than 4.5 million people who are bitten by a dog each year in the United States. Close to 1 million of these incidents require medical attention and about half of those happen to children. Of those who seek medical treatment, close to 400,000 visit the emergency room. To make matters even worse, more than 15 people die from dog bite injuries every year!
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There are certain laws in the state of Massachusetts that you have to follow if you’re planning on getting certain types of dogs. Our Quincy personal injury attorneys are here to make sure you have all of the proper information before bringing Sparky home.

According to the City of Boston’s Dog License Fees & Application page, you’re going to have to follow some special requirements if you’re planning on getting a pit bull or any kind of put bull mix. You’re going to have to dish out $50 for starters. You’re also going to have to:

-Make sure that you can provide proof of ownership on your home or a letter from your property manager or landlord that says that you are allowed to have this kind of dog in the home.

-Submit a picture of your dog that was taken no longer than a month prior.

-Submit a picture of the owner of the dog that was taken no longer than a month prior.

-Submit proof that the dog has completed rabies vaccinations.

-Submit proof that the dog has been spayed or neutered.

You’re not off of the hook if you’re getting another breed of dog. All other owners are required to dish out a $17 application fee and the following:

-Submit proof that the dog has completed rabies vaccinations.

-Submit proof that the dog has been spayed or neutered.

If you’re not sure where to license your dog, we’re going to tell you. You can visit the Animal Control Office at City Hall or the shelter in Roslindale.

When bringing a new dog into your home, you want to make sure that the transition is smooth for everyone, including the dog. Spend some time with it before you decide to adopt it.

Never leave small children along with a dog. You might also want to consult with a professional before choosing a breed to make sure that the dog you choose will mesh well with the members of your family. Teach your dog submissive behaviors, like having them roll over to face their belly upward.

It’s also important that you’re sensitive to cues that your kid is fearful or apprehensive about your new dog. If a child seems frightened by dogs, wait before bringing a dog into your household.
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It’s easy for you to improve fire safety at home.

All you have to do is keep an eye on your smoke alarms and make sure your household not only has a fire escape plan, but that everyone knows and practices the plan. According to the City of Boston’s Home Fire Safety page, all of the smoke alarms in your home should be tested at least once a month and you should replace their batteries annually. Each family should also make sure that the fire escape plan is practiced at least twice every year. To help you to remind you of this, officials are soon launching Fire Prevention Week, from October 7th through October 13th.
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Our Boston personal injury lawyers understand that there are roughly 3,000 people who are killed in residential fires each and every year. Most of the victims in these accidents are killed from the inhalation of toxic gases and smoke and not as the result of any burns from the fire. Most of the fatalities and injuries happen in fires that occur at night while residents are asleep, too!

The truth of the matter is that smoke alarms can save lives, they can prevent injuries and they can help to minimize properly damage by helping to make sure that residents are alerted when a fire is developing in the home. The risk of being killed by a fire in your home is about twice as high in a home that does not have a properly-working smoke alarm.

Make sure that you always follow the instructions from the manufacturer when testing smoke alarms and replacing the batteries.

If your smoke alarm is powered by batteries and it starts to send off a low-power warning, which is usually a beep or a chirp, you’re urged to replace the batteries immediately with new ones.

You never want to disable your smoke alarm. This is never acceptable, not even if you experience a “nuisance” from it while showering or cooking. When this happens, you want to clean out the smoke alarm and make sure that you follow the manufacturer’s instructions while doing so. If you can, you might want to place it somewhere else, like away from the bathroom or the kitchen.

Develop an Escape Plan:

-Practice your escape plan at least twice a year.

-Make sure that children, babysitters and elderly family members are familiar with this plan.

-When practicing, remove any obstacles that could hinder a safe evacuation in the event of a real emergency.

-Parents should hold a practice fire drill at night to make sure that children are able to wake up during the real thing.

When changing the batteries in your home’s smoke alarm, it’s also a good idea to change the batteries in the Carbon Monoxide (CO) alarm, too! CO is an odorless, colorless gas that is created when fuel is incompletely burned. Each year, there are close to 200 people who are killed from CO, non-fire poisonings that are associated with home fuel-burning heating equipment.
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Do you go through your medicine cabinet ever?

The truth of the matter is that we should all take the time to do so because there’s a good chance there are expired or unused drugs in there. According to the National Safety Council (NSC), these drugs can be a serious safety hazard for young children, for teens and for other members of your household.
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Our Boston personal injury lawyers are urging adults to take an inventory of their medicines. You want to check the expiration dates for prescription medications and even over-the-counter medicines. If you’ve got any leftover medicines, you want to safely dispose of them!

On the 29th of September, officials with the NSC are conducting the 5th National Prescription Drug Take-Back Day. From 10am to 2pm, local communities throughout the country will be collecting unused prescriptions and will safely dispose of them. There are a number of National Takeback Initiative Collection Sites in the state of Massachusetts. Find one near you!

Drugs can affect both your body and your mind in a number of ways and is greatly determined by the dosage. Kids who try drugs may see a change in their mood, in their appearance and in their development. Some of the most common side effects of being on drugs include anxiety, dizziness, confusion, paranoia, sleepiness and even hunger. Because young brains ard still developing, children run a serious risk of developing lifelong disabilities when consuming drugs not prescribed to them. These young ones are also more prone to overdose because of their size.

Why should I safely dispose of my unused medicines?

-Once a medicine has expired, it’s no longer effective. These drugs can be dangerous to your health, especially if you have certain medical conditions.

-Recommendations can change on your drugs and even on over-the-counter medicines. For example, cold medicines in many cases are no longer made for children under 5. Before they were recommended. Be sure you have newer medications and drugs to ensure safe dosages.

-Unused and leftover medicines can be of harm to kids and teens and other who might not understand that it’s dangerous to take drugs they’re not prescribed.

-Some prescription medicines, like painkillers, can be removed from your home without your knowledge and contribute to your community’s drug abuse problem. You never know who has an eye on your medicine cabinet.

When you break it down, drugs are defined as any kind of substance other than food that has the ability to change the way your mind and/or your body functions. Drugs have some serious side affects and these affects can be fatal to children and teens. Not only are these addictive, but they’re dangerous and can have some lasting effects on kids! Make sure that you take the proper safety precautions to protect your young ones and get rid of your unwanted prescriptions and other drugs on National Prescription Drug Take-Back Day!
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Chugginton is back! As summer comes to an end, students are gearing up to head back to school. That’s why officials with the National Highway Traffic Safety Administration (NHTSA) have decided to bring back Chugginton. Chugginton and his friends help parents to get safe traveling habits back into the mind’s of our young ones. It helps them to get kids to put safety back at the top of their “back-to-school” list.
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The NHTSA reports that there were close to 3,000 school children who were killed in traffic accidents in 2010. The most of these accidents happened between 3:00 p.m. and 4:00 p.m., which is when these young kids are making their way home back from school and the traffic on our roadways is plentiful.

Our Quincy personal injury attorneys understand that students, especially the young ones, are at high risks for traffic accidents during this time of the year. The NHTSA has released the traffic safety campaign, “Think Safe, Ride Safe, Be Safe!” to help to get students to remember to be safe when traveling to and from school. Officials have come forward with a list of safety precautions to help these young travelers to do just that. You’re urged to review these tips and share them with your young ones before they go back to school.

School Bus Safety Tips:

-Always stay at least 5 large steps away from the road.

-When you get on the bus, go right to your seat, sit down and listen to the driver.

-Look for cars as you get off of the bus. Get off of the road quickly when you get off.

-Make sure to look both ways and at the bus driver before crossing the road.

Walking To/From School Safety Tips:

-Always walk on a sidewalk.

-When there’s no sidewalk, walk facing oncoming traffic.

-Never horseplay while walking.

-Before crossing the street, look both ways and make eye contact with drivers.

Bicycling Safety Tips:

-Never ride without a helmet.

-Always use the chin strap on your helmet.

-Always ride on a sidewalk or a bike path.

-Never ride in the street.

If you choose to drive your kid to school or to daycare, we’re reminding you to make sure that your child is properly buckled in during each and every car ride. Make sure they’re in a child safety seat or a booster seat that is appropriate for their height and their weight. We’re also reminding parents to “Look Before You Lock.” Make sure there are never any children left inside the vehicle before you lock up and walk away.

Lastly, we’re asking all adult and teens, whether drivers of passengers, to wear their seat belt every time they get into the car. Seat belts are your best way to stay safe in the event of an accident.

Let’s start out the school year safe and keep it going all year long!
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Recently, drivers in the City of Boston were introduced to the “Don’t Block the Box” campaign. This is an education and enforcement effort that’s being used to help to stop gridlock and to improve traffic safety for both motorists and pedestrians.

The campaign focuses on our city’s busy intersections. This effort is a product of officials of the City of Boston in collaboration with those at MASCO.
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Our Boston personal injury attorneys understand that this campaign will be focused on about 20 intersections in the area. The campaign is being used to enforce the traffic law that says that a driver can’t enter an intersection if they’re not able to safely pass all the way through to the other side. If you’re busted lingering in an intersection because you don’t have enough space to pass through, then officers can slap you with a fine of $150. But more importantly than the citation and the fine is the risk that you’re creating for a potentially fatal car accident.

“A combination of new initiatives and hard work has helped to keep our local streets from being clogged with bumper to bumper traffic every day of the week,” said the city’s Mayor Thomas M. Menino.

There have been a number of programs launched in the area to help to get people out of their vehicles and to choose more effective ways to get around, like bicycles or pedestrian traffic. The City has even pushed the use of scooters. Whichever way you may choose, officials are hoping fewer drivers hit the streets and work to not only make our roadways less congested for everyone, but safer for all as well.

Drivers who keep blocking city intersections pose a serious threat to bicyclists and pedestrians as well as people who are in wheelchairs. This is such a threat because gridlock traffic blocks the crosswalks and interrupts the “walk” cycles at these intersections.

MASCO Senior Transportation Planner, Tom Yardley, says it is important drivers recognize the need for compliance and the need for public safety. Cars and trucks that unsafely enter an intersection create not only a traffic jam, but risks to sidewalk travelers and for emergency response teams should they need to pass. It’s an idea that’s been agreed on by officials of all kinds across the state, we need to work harder to raise awareness and to increase enforcement against this dangerous and irresponsible driving behavior.

This enforcement effort and campaign is all a part of Massachusetts General Laws, which reads that drivers cannot pass through an intersection if they cannot do so safely without stopping. If they can’t do it, then they have to wait for another cycle and for the green light to turn once again.
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