Boston Personal Injury Attorney Blog

January 14, 2013

ESPN Anchor Highlights Risk of Gas Grill Injuries

Gas grills are a popular product, with many people keeping a propane grill in their backyard or on their balcony in order to enjoy those grill-cooked receipes. Unfortunately, gas grills are not always a harmless household product for making a quick meal. In some tragic cases, gas grills can cause horrific injury or even death.

One recent incident involving a high profile celebrity brought the dangers of gas grills to widespread public attention. The incident involved ESPN anchor Hannah Storm, who suffered first and second degree burns after her propane grill caused an explosion. Our Boston injury attorneys urge everyone to pay attention to this accident and to consider it a wake-up call about the potential danger their grill might present to them.

Grilling Accident Brings Grill Dangers Into the Spotlight
Grilling accidents happen every year, with the National Fire Protection Association reporting that as many as 6,900 home fires occurred between 2005 to 2009 because of a gas grill. Although the accidents are common, they often don’t make major headlines and they may go unnoticed by homeowners who assume their backyard barbeques are relatively safe.

Storm was cooking dinner when she noticed that her grill had stopped working. When Storm relit the grill, it did not simply ignite but instead erupted into a massive explosion and ball of fire.

The explosion was so loud the neighbor said it sounded like a tree falling on the house and the explosion was so powerful it blew the doors right off of the grill. It also set Storm’s shirt on fire, causing second degree burns on her chest area. The fire had exploded in her face, so she also suffered injuries to her face as well including first degree burns on her face and neck and the loss of her eyebrows and half her hair.

Fortunately, Storm has been able to make an effective recovery from the explosion, despite the serious injuries she suffered. Yahoo Sports provided photographs of those injuries, which show how badly burned Storm was by the fire from the grill. Fortunately, Storm was able to recover relatively quickly. The accident happened in December and she was hosting the Rose Parade on New Years Day.

Grills Cause Serious Burn Injuries
Storm’s speedy return to television was possible only because the burns she suffered were not as severe as they could have been. Burns are divided into degrees, with first degree burns impacting only the outer layer of skin and second degree burns penetrating only through the second layer of the skin. In the event of a third or fourth degree burn, which are also very real possibilities if a propane grill explodes, the injuries and damage can be much more harmful. Third degree burns involve all of the skin’s layers as well as some tissue damage while fourth degree burns damage muscle, ligaments and tendon and are often fatal.

Explosions and resulting burns can occur due to a design defect in the grill, a malfunction in the grill, or a problem with the propane tank used to supply the grill. In any case, second and third degree burns could require skin grafting and other expensive treatment. The manufacturer or distributor of the defective grill or of the defective propane tank can potentially be held accountable and made to pay for damages.
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January 14, 2013

New Pharmacy Rules Set After Deadly Meningitis Outbreak

by Jeffrey S. Glassman

In recent months, patients throughout the United States have been fearful of meningitis outbreaks after the New England Compounding Center (NECC) in Framingham Massachusetts sent out vials of steroids that were contaminated with fungus and bacteria. The steroids were used to inject patients with back and joint pain, so the fungus and bacteria was injected directly into the spine. Some patients died as a result of the contaminated injections and the resulting meningitis, while others suffered serious strokes or other complications.

In light of the outbreak, the Food and Drug Administration (FDA) is now considering new rules for pharmacies. Our Watertown personal injury attorneys urge lawmakers to take a tough stance on regulating pharmacies and to do everything possible to protect patients from another deadly outbreak like the one suffered as a result of NECC’s failures.

The New Pharmacy Rules After the Deadly Meningitis Outbreak
According to a recent NBC News article, FDA officials and state representatives scheduled a December meeting in order to address how to better regulate pharmacies.

The issue with the current regulations is that the function of compounding centers has changed in recent years. Compounding centers exist in order to make medications by mixing and distributing drugs. Typically, these compounding pharmacies take individual prescriptions from patients and make medications to order. These small compounding pharmacies are regulated by states while large drug manufacturers are regulated by the FDA. However, there is also another type of compounding pharmacy, which is dubbed a “super-compounder,” and the FDA wants to recognize these as a separate type of compounder to be regulated differently. The FDA, in other words, would create two categories of compounding pharmacy.

Super-compounders operate differently than traditional compounding centers and have only existed for about a decade. These pharmacies, like NECC, are high output pharmacies that operate on a grand scale. In effect, they are manufacturing drugs and distributing them widely- yet they are not currently regulated as manufacturers and they are not subject to the federal regulations and oversight that they should be subject to because they are considered compounders.

These super compounders are, in essence, illegally manufacturing drugs under the guise of pharmacy compounding. The FDA proposes to shift the regulations of these facilities to the federal government while leaving states responsible for small compounding facilities. The two categories that would be created are compounders, regulated by the states, and super-compounders, regulated by the government.

Consumer Groups Point to Problems with Proposed FDA Regulations
Although the FDA does aim to shift some of the oversight of super-compounders to the federal government and away from the states, NBC News reports that a consumer group called Public Citizen is concerned that the FDA proposal is not the most effective way to make consumers safer.

Public Citizen points out that the FDA is legitimizing the potentially illegal manufacturing by compounders and expressed concern that the FDA was trying to pass some responsibility for regulating even large compounders to the states. The consumer group also argues that the large super-compounders would largely be manufacturing steroids, which are injectable and which are a high-risk class of drugs.

Tougher Oversight Needed to Protect Patients From Drug Dangers
Regardless of whether the consumer group is right or whether the FDA’s new regulations are the answer, it is clear that tougher regulation of some type is necessary. Lawmakers need to act to make sure that compounding pharmacies meet safety guidelines and need to do everything in their power to prevent another outbreak like the one caused by NECC’s failures.
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January 13, 2013

Boston Workers at Risk of Winter Construction Accidents Due to Snow and Ice

by Jeffrey S. Glassman

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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January 13, 2013

Massachusetts Child Safety: Dirt Bikes Present a Risk for Young Drivers

by Jeffrey S. Glassman

Dirt bikes may seem like a fun ride for your kids and both younger children and teens may be eager for the freedom and adventure that a dirt bike seems to bring. However, dirt bikes can also be extremely dangerous, especially if they are operated by inexperienced or under-aged drivers.

Our Watertown personal injury attorneys want to warn all parents of the potential risk of dirt bike accidents. Before allowing your child on a dirt bike as a driver or passenger, it is important to understand the dangers and to have a talk with your child about proper riding behavior and safety measures.

Dirt Bike Accident Highlights the Dangers to Young Drivers
With their quickness and with the limited protection they provide in the event of an accident, dirt bikes are inherently dangerous by nature. Tragically, however, a recent accident in Massachusetts underscores just how risky dirt bikes can be. In this accident, reported by Boston 7 News WHDH, a 14-year-old boy was killed.

The deadly accident happened when the 14-year-old was out riding dirt bikes with his father and his 11-year-old brother. The victim collided with another off-road vehicle at around 2:00 P.M. on a Saturday afternoon. The vehicles collided head-on near a cranberry bog. The 40-year-old driver of the off-road vehicle said he was going to get help but unfortunately never returned. The father of the deceased victim tried to save his son’s life, but was unsuccessful.

Understanding Dirt Bike Risks and Dirt Bike Legal Liability
As this tragic accident shows, dirt bike accidents can happen any time and anywhere. This young man who was killed was with his father and brother and it is not clear yet whether the young dirt bike rider or the older man who hit him was criminally negligent or unreasonably careless in any way. The only conclusive facts thus far in the accident are that the dirt bike and other off-road vehicle collided and that death and injury resulted.

If the driver involved in the dirt bike accident who hit the young victim is found to have been negligent, then it is possible that the family members of the deceased could file a civil lawsuit. The success of a lawsuit will depend upon whether the 40-year-old was unreasonably careless in a way that led to the young victim’s death. The property owner where the accident occurred may also face liability.

Of course, no amount of money will ever bring back the loss of a child. To help avoid this type of tragedy, parents should think carefully before giving a dirt bike to a young teen, especially one who is not yet old enough to legally drive. If your child does use a dirt bike, it is important to have clear rules regarding speed and regarding when and where the bike can be ridden. Crowded or well-populated roads should be avoided, as should busy times when there are more likely to be vehicles both on the roads and off-roading. By making clear rules with your child, monitoring dirt bike behavior and supervising, you can reduce the risk of a dirt bike accident.

Of course, the best way to avoid this type of accident may be to prevent your child from driving a dirt bike until he or she is legally able to drive and has proven he or she can safely operate a dirt bike. Even then, however, your child is always at risk of falling victim to an accident caused by someone else being negligent. Defective equipment may also contribute to an accident or exacerbate injuries.
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January 12, 2013

Fresenius Now Offering Overnight Dialysis Treatments Months After Recall

by Jeffrey S. Glassman

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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January 11, 2013

Companies That Fail to Report Tire Defects Can Face Large Fines

by Jeffrey S. Glassman

Tires are one of the most important parts of your vehicle since the vehicle literally rests and moves on them. Unfortunately, in recent years, a spate of tire problems has led to serious and fatal injuries.

Some of the problems involve an issue with the tires themselves, such as when tires on Mercury Mountaineers and Ford Explorers began losing their treads and disintegrating. In other cases, the problem with the tires is caused by another vehicle defect. For example, on December 18th, Auto Blog reported that Jaguar Land Rover had issued a recall on up to 70 different vehicles due to brake problems. The issue: the bake caliper could detach and could damage a wheel by causing tire deflation.

In any case, whether the problem is isolated to the tire or whether there is a larger issue that could impact the tires, manufacturers must act quickly in notifying the public of the dangers. A failure to provide proper notice of the defect and to institute a timely recall could put thousands in harm’s way, and our Boston accident attorneys understand the devastating consequences that can result.

The Consequences of a Delayed Recall
When a tire or any part of a vehicle has a defect, the manufacturer of either the tire or of the vehicle is often one of the first to become aware of the potential problem. The manufacturer is also in the best position to investigate the potential dangers and to warn their customers.

When a tire malfunctions, for example, manufacturers can issue a warning and institute a recall of all vehicles with the faulty or the malfunctioning tire. The NHTSA details the recall rules on their website including outlining when a recall may be required.

Car manufacturers also have another important obligation in addition to communicating with customers. That obligation is to notify the National Highway Traffic Safety Administration (NHTSA) and the Department of Transportation (DOT) that there is a problem.

By providing proper and timely notice to the government, car manufacturers can jump-start an investigation into potential dangers that are impacting consumers. The relevant government authorities can take action to warn and to help the public who may be in danger due to the defect. Letting the government know of defects is so important that there are actually regulations in the U.S. that require manufacturers to share problems with the government.

When a manufacturer fails to institute a recall and/or to let the appropriate government authorities know that their cars or tires have a defect, more lives are put at risk as people continue using their defective cars or tires without being aware of the fact they are putting themselves in danger.

Car manufacturers can face strict punishments as a result of the danger to life that they create by failure to follow U.S. Safety Guidelines and report safety risks. According to a December 18, 2012 article on Tire Business.com, for example, Toyota recently had to pay a $17.4 million fine for a failure to report a defect in their vehicles involving an accelerator pedal becoming trapped.

Toyota’s fine was a record fine, the largest in history for failure to report a defect. However, it demonstrates clearly the cost to car-makers who are lax in their safety obligations to consumers. In the event that a tire defect is faced in the future, manufactures should remember the large fine as an important cautionary story and should be sure to take prompt and swift action to let consumers know that bad tires might put them at risk.
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January 11, 2013

Medication Errors Common in U.S. Kidney Dialysis Patients

by Jeffrey S. Glassman

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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January 10, 2013

Unlicensed Temporary Workers Present Risks in Solar Construction Projects

by Jeffrey S. Glassman

With advances in energy and technology, many construction projects today involve work with solar power and with alternative energy materials. Unfortunately, these projects require new techniques and a new base of knowledge that not every electrical worker has. When those without experience in the solar power industry are asked to perform construction work on solar projects, this can create a risk for all involved.

Our Boston construction accident attorneys urge employers hiring workers for solar projects to ensure that all electrical or construction workers hired have the requisite licensing and technical knowledge. We also urge electrical and construction workers to decline solar projects and other alternative energy projects unless they have the proper licensing and technical backgrounds.

Temporary Workers Present a Risk in Solar Power Projects
According to the Solar Industry magazine, a trade group called the National Electrical Contractors Association (NECA) of Greater Boston has recently expressed concerns about unlicensed temporary workers performing work at a solar power park that is currently under construction. The park is being constructed in Dartmouth Massachusetts and there is both a general contractor as well as four staffing companies who are working on staffing and managing the project.

Unfortunately, according to NECA, none of the four staffing companies have a required Class A Massachusetts master electrical license. By law, any company or individual who wishes to employ others in the business of electrical contracting must have this Class A master electrical license. Since the four staffing companies lack this license and are filling electrical positions in the solar park project, they are in violation of Massachusetts’ laws.

NECA’s concern stems not just from the fact that the staffing companies are violating the law but, more importantly, from the fact that their violation may present a safety risk. Without a proper license, there is no clear way to know if the company or workers have demonstrated full knowledge of the work required for the solar power project or of the building and safety requirements within Massachusetts.

Massachusetts has some of the most stringent licensing laws in the entire United States and these laws are intended to ensure safety in electrical workplaces and on construction sites. When work is done by temporary or unlicensed workers, this undermines the effectiveness of the licensing requirements and puts the safety of the project at risk. With new and advanced solar technologies that could require a different set of skills than traditional electrical work, it is especially important that all safety precautions be followed.

Risks of Hiring Unlicensed Workers
Any situation where unlicensed construction or electrical workers are employed is a risky situation. Aside from the fact that the workers are lacking in the license that proves they have the safety knowledge and skills needed, there are also other issues as well. For example, an unlicensed construction worker or electrical worker may not be properly insured through the state workers’ compensation system.

If a worker performs work without a license or proper insurance and is injured, the question of who is liable for the injury becomes a complicated one. This is especially true when temporary workers are used, since these workers may not be classified as employees covered under workers’ compensation. Unlicensed temporary workers who perform work on a solar project or any type of electrical or construction project will need to consult with an attorney if they suffer an injury at work to better understand how to proceed with collecting compensation.
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January 10, 2013

FDA Proposes Changes to Food Safety Regulations

by Jeffrey S. Glassman

According to the

January 10, 2013

Dialysis Malpractice & The Dangers of Dislodged Needles

by Jeffrey S. Glassman

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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