Boston Personal Injury Attorney Blog

December 27, 2012

More Evidence of Brain Damage Due to Head Injuries in Sporting Accidents

Recently, our sport’s injury attorneys published an article: “Boston youth sport rules aimed to prevent sporting injuries in kids.”

These rules are being put into place because of the known dangers of sports injuries, especially concussions.

Unfortunately, as more and more evidence comes to light about how dangerous sports injuries are, it has become more apparent than ever before that both kids and adults are at serious risk if they suffer repeated head injuries.

More Evidence Links Head Injuries to Brain Damage
It is well established that head injuries can cause a number of serious health issues and can have long-lasting consequences. A recent study conducted by Boston University, however, has added to the growing concern about head injury risks.

According to a December Boston Globe article, the Boston University Study was conducted by obtaining information about the brains of 85 brain donors, most of whom were professional athletes. The athletes included in the study included boxers, football players, wrestlers and hockey players, all of whom were involved in contact sports and who had experienced repeated blows to the brain.

According to the researchers, 68 of the 85 individuals who were examined all had suffered repeated head trauma and all showed evidence of chronic traumatic encephalopathy. Encephalopathy occurs when brain tissue becomes clogged by a protein called tau that causes the destruction of brain cells. It can occur as a result of repeated blows to the head or concussions and symptoms are similar to Alzheimer’s.

A Boston University neurosurgeon and study co-author indicated that he believed the size of the study should retire doubts about whether repeated brain trauma can cause permanent damage. Other neurologists, however, indicated that while the existence of the condition Encephalopathy has been established, it has not yet been definitely demonstrated that the problem is caused by multiple concussions.

Those who conducted the study also acknowledged that the study was not intended to establish how frequent brain injury was in athletes. Still, the control group of 18 subjects who had experienced no concussions or brain injuries had no sign of the damage present in the brains of the athletes studied.

Proving the Link Between Head Injuries and Brain Damage
While further studies need to be performed to get conclusive answers, the new findings by the Boston University study are one step closer to establishing a conclusive link between head injuries and brain damage. Establishing this link is important for athletes who want to take legal action based on head injuries sustained in sports. Many NFL players, for example, are suing the football league because of the unexpected risk of permanent brain damage due to repeated blows to the head. The Boston University study and other similar research could help with the NFL players’ case.

Any athletes, from student athletes to professional players, should be warned about the potential risk of permanent brain injury or damage. If there was a coach, school or third party that contributed to the risk of brain injury or that failed to disclose the head injury dangers, then the injured victim or his surviving family members could potentially take legal action.
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December 26, 2012

Families Face Challenges Getting Information In Medical Malpractice Cases

by Jeffrey S. Glassman

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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December 23, 2012

During Your Holiday Visits, Be Alert For Signs of Nursing Home Neglect

by Jeffrey S. Glassman

For many people, there comes a time when they can no longer live on their own and depend upon nursing homes to provide them with comfort and care. Unfortunately, some nursing homes fail to live up to their obligation to patients. This is a terrible tragedy and our nursing home neglect attorneys urge every family member to be watchful for any signs of abuse or neglect during holiday visits to loved ones in nursing homes.

Nursing home neglect is just as dangerous, in many cases, as abusive behavior. When a nursing home has assumed the responsibility of providing care to a vulnerable senior and the nursing home fails to do so, then the senior could suffer a number of very serious health consequences.

When a senior is suffering from neglect, the senior may be even more reluctant or unable to speak out than in cases of outright abuse, since complaining about inadequate care could be seen as just making trouble. As such, it is especially important for visiting family members to be on the lookout for signs of neglect. If this neglect is occurring over the holidays at a time when relatives and friends tend to visit more than at other times during the year, it is an indication that something is very wrong indeed in the nursing home.

Watching for Signs of Nursing Home Neglect
Unlike with physical abuse, neglect doesn’t leave bruises, bumps or marks. None-the-less, the physical toll on an elderly and vulnerable senior can be just as damaging. As such, some potential signs of neglect that you should be aware of include:

Pressure uclers or bedsores. When a senior is not turned and moved often enough and he or she is bedridden or sits or lays for long periods of time, these painful and unpleasant sores can arise.
Malnutrition or dehydration. This might occur as a result of the senior not being brought proper meals or water or not being helped to eat if there is a problem that makes mobility difficult for the senior.
An untidy appearance or filth in the senior’s living conditions. If the loved one you are visiting looks dirty or has a dirty room, then this can be a sign that the nursing home is failing in the basic tasks of keeping the living space clean and tending to personal hygiene needs.

Unexplained changes in behavior, depression or anxiety can also be signs that neglect is occurring.

If You Suspect Neglect…
If you suspect neglect, then you should follow up and try to find out what is going on. Talk to the senior to see if you can get any information about care. You should also notify the proper authorities. The Massachusetts Elder Abuse Hot Line takes reports of elder abuse and can be reached seven days per week, 24 hours a day at 1-800-922-2275. You may also report elder abuse at Designated Protective Services agencies throughout the state. A full listing of this agencies can be found on the website of the Executive Office of Elder Affairs.

An attorney can also offer assistance in taking action in cases of nursing home neglect.
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December 19, 2012

Holiday Fire Protection in Massachusetts is Everyone’s Responsibility

by Jeffrey S. Glassman

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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December 17, 2012

New App Proves Successful and Convenient for MBTA Riders

by Jeffrey S. Glassman

As we recently reported on our Boston Personal Injury Attorney Blog, officials with the Massachusetts Bay Transportation Authority released apps for smartphone users that allowed them to download tickets instead of getting the paper ones.

Well, the Metro Boston is reporting that it’s been a big success. The app was launched about three weeks ago and has already won over tons of riders. It was first used at the North Station and then at the Framingham/Worcester and Providence/Stoughton Commuter Lines.

Our Boston personal injury attorneys understand that the app had made sales totaling close to $250,000 as of Tuesday. Most of these sales were made from 10-ride passes — allowing users to buy multiple tickets at once. You can buy single passes, too. Either way, with the app there is no more waiting in lines and no more misplacing your ticket. All you have to do is keep your cell phone on you.

Right now, customers who purchase a month-long pass using the new app can get a $10 discount. That’s not an offer that’s going to last forever though.

“We’re not planning for it to be permanent. We’re trying it out during the pilot phase as a way to incentivize customers after we launched the app for monthly passes,” said Joshua Robin with the MBTA.

Officials with the T are still out there mingling with riders during rush hour to try to get them interested in the convenience of the new app. They’ve been walking around stations each night trying to spread the word, trying to get you to join. And it doesn’t seem like such a bad idea.

As we recently reported, this is the first app of its kind in the country. All a rider has to do is download the app, available for both iPhones and Androids, and show their ticket (of flash pass) to the scanner. The app is also helping users to stay away from any kind of surcharges that come along with paper tickets.

If you wind up losing your phone, don’t worry! You are able to just transfer the tickets at any of the MBTA’s customer service locations.

Blackberry users will get their turn too, as it’s currently in developmental stages.

By the end of the 70s, the MBTA had become a lifeline for the city. It transported close to 500,000 passengers each day. Residents and visitors were looking for a quick and convenient way to get around the town and the MBTA had the answer.

Today, in terms of ridership, the MBTA continues to be the 5th largest mass transit system. It serves a population of close to 5,000,000 in close to 200 cities and towns. It covers close to 3,500 square miles, too. According to last look, the average weekday ridership for the entire system was close to 1.5 million passenger trips.
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December 14, 2012

Elderly Woman Hit in South Boston Parking Lot

by Jeffrey S. Glassman

A pedestrian accident in South Boston left an 81-year-old woman in the hospital.

According to ABC13, it all happened when the woman was stepping out of a local store. An 80-year-old driver hit the gas instead of the brake and slammed right into the elderly woman. Criminal charges are pending.

During this time of the year, our parking lots are packed. Residents and visitors are enjoying their holidays and getting those seasonal errands done. They’re out grabbing the goodies for family dinners, they’re out getting those last minute holiday deals and they’re enjoying their much-needed vacation time. Unfortunately, we see a significant number of parking lot accidents during this time of the year.

Our Boston personal injury attorneys are asking you to be safe, whether you’re traveling on foot or you’re traveling behind the wheel. According to the National Safety Commission, you’ve got to be extra cautious when you’re in parking lots. You have to protect yourself from predators and you have to keep an eye out for pedestrians walking in the area.

Pulling in and backing out of parking spaces can be tricky. Our vehicles have significant blind spots in which a pedestrian can be overlooked. For this reason, it’s important for you to physically look around your car before putting it into reverse. You can’t rely on your mirrors in these cases.

On the other hand, pedestrians are warned to be cautious of the vehicles around them. As we stated before, drivers can easily overlook you. Never travel too closely to vehicles and keep an eye out for those reverse lights.

You face some pretty significant dangers getting to and from your vehicle in a parking lot, too. To help to keep you safe, here are some safety precautions that should be taken:

-Make sure that your keys are always in your hand and ready.

-Always know where you parked the car before entering the parking lot. You don’t want to be roaming around clueless.

-Scan the area for anyone who may appear suspicious.

-If there’s a large vehicle parked next to the driver’s side of your vehicle, do not hesitate to get in through the passenger side. Predators tend to linger in these large vehicles.

-Look around your vehicle before you get in. You want to make sure that no one is lurking around with bad intentions.

-Once you’re in the vehicle, lock the doors and focus on getting out of there safety. Avoid sitting in the vehicle and doing other things before getting a move on.

Parking lots can be dangerous. Take all of the necessary safety precautions to not only help to keep yourself safe, but to help to keep others safe as well. If you spot any suspicious activities, you’re urged to contact local authorities — but do so in a safe place!
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December 12, 2012

Football Fan Killed in Hit-and-Run Pedestrian Accident

by Jeffrey S. Glassman

A pedestrian accident near Gillette Stadium left one driver behind bars.

According to CBS Boston, the accident happened just before 1:00 a.m. A state police officer was working detail at the New England Patriots game and was told by a passerby that there was an accident just down the road. The officer headed down Route 1 and saw a pedestrian lying in the middle of the road moaning in pain. The 30-year-old pedestrian had bruises, cuts and a broken leg.

A trooper who was working a couple miles away saw a vehicle pass by with damage to the windshield and to the rear-view mirror. It was determined through police communication that this was the driver involved in the pedestrian accident back at the stadium. He was pulled over by the trooper and arrested from driving under the influence (for his second offense), leaving the scene of an accident and negligent operation.

Our Foxboro pedestrian accident attorneys enjoy the crowds surrounding New England Patriot games. Pedestrian accidents are more common during the evening hours anyway. When there are more fans along our roadways, the risks for these kinds of accidents skyrocket.

In Massachusetts, there were close to 50 pedestrians killed in traffic accidents in 2009. Most of these fatalities could have been prevented if drivers were to just pay a little more attention behind the wheel — and stay sober too! There were another 110 people killed in car accidents over the year in crashes involving at least one driver who was drunk at the time of the accident.

Before, during and after football games, we’re asking everyone to be on the lookout. Fans will hitting our roadways (hopefully in celebration) and we have to make sure that our driving doesn’t cause a needless accident. Drive carefully, keep an eye out for walkers and bicyclists and do your part to avoid a tragedy.

Pedestrians are asked to be safe out there, too. Review the following safety tips from the Commonwealth of Massachusetts:

-Only cross in a crosswalk or at a street corner.

-Keep an eye out for turning vehicles.

-Remember that fluorescent colors are extremely visible to motorists.

-Wear reflectors or carry a flashlight when walking at night.

-Never assume that a driver sees you.

-Avoid engaging in distractions while walking. Keep your eyes on the road and the traffic around you.

-Watch for vehicles backing out of parking spaces.

-If there is no sidewalk, walk along the shoulder, facing the traffic.
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December 12, 2012

Green Line Expansion Comes with Safety Obstacles

by Jeffrey S. Glassman

Phase 1 of the construction project to extend the Green Line was kicked off recently by the Massachusetts Bay Transportation Authority (MBTA). According to Governor Deval Patrick, the Green Line will now travel to Somerville and Medford.

“The Green Line extension means expanded employment opportunity, housing opportunity and recreational opportunity,” said Governor Patrick.

Our Somerville personal injury attorneys understand that the construction project includes two railroad bridges to help to connect the Green Line to the outer area. And that’s only Phase 1 at a cost of $13 million. To get the project done, officials will have to demolish a building in Cambridge as well.

Barletta Heavy Division will be contracting the project. Throughout the duration, crews will be reconstructing Medford Street Bridge and the Harvard Street Bridge. Overall, the project is expected to cost more than $1.1 billion.

In the U.S., there were more than 1,000 people killed in vehicle accidents that occurred in a construction work zone last year.

One of the most important things in helping to ensure everyone’s safety in these work zones is to keep an eye on your speed. According to MassHighway Traffic Engineering, lane width can make a difference, too! Officials say that narrowing lanes helps to make drivers travel more slowly and cautiously.

Helping Motorists Navigate Safely:

-Education: The public should be notified about what construction is going on in the area. By letting travelers know, they can choose alternative routes to avoid the area.

-Signage: Temporary signs help to declare the presence of a work zone. This will give them more time to slow down and to react.

-Barrier: These will help to keep traffic away from workers.

-Police Presence: Just the sight of an officer helps to keep drivers on their best behavior. Officers serve as an effective deterrent for irresponsible driving habits.

-Accommodations: Making sure that pedestrians, bicyclists and other transit can get through the area is a sure way to help to halt any kind of accidents.
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December 8, 2012

MBTA Adds New Cameras to Improve Personal Safety

by Jeffrey S. Glassman

According to officials with the Massachusetts Bay Transportation Authority (MBTA), there are going to be roughly 400 new surveillance cameras placed along six Red Line stations. They’re planned to go up in 2013, according to the Boston Globe.

They’ll be going up at Porter, Kendall/MIT, JFK/UMass, Harvard, Charles/MGH and Andrew stations.

These cameras are part of a plan to double the security in these areas. They’ll eventually be at other stations, including bus, train, subway and other T stations. Residents can expect thousands of cameras, all funded through federal grants.

Our Boston personal injury attorneys understand that T stations can get pretty dangerous. Not only do you have to worry about accidents happening with the trains, buses and subways, but you also have to beware of the riders as well. You need to keep safety as a number one priority. Make sure you’re a safe traveler in all aspects of the term. Stay aware of your surroundings and travel with a plan.

The JFK/UMass will be the first of the stations to get these cameras. It’s getting more than 50. They will be going up during the end of the spring season or early in the summer. The rest are planned to go in during next fall or winter.

In addition to these expected cameras, the T installed and recently activated nearly 20 cameras on the Fairmount commuter rail line at the new Talbot Avenue Station. Close to 20 more are going in at the Morton Street station, too.

“The projects are part of the MBTA’s ongoing efforts to standardize security…to ensure that law enforcement personnel and first responders have situational awareness in the event of an emergency or security incident,” said Joe Pesaturo, T spokesman.

Cameras have already been going up at almost all of the T stations across the state over the last 5 years. More and more trains and buses have them nowadays, too. Officials say that it’s not only about monitoring transit operations, but it’s about keeping an eye on rider safety, too!

Some groups, like the ACLU of Massachusetts, have voices concern that these new surveillance cameras are serving as a potential invasion of privacy. Whether riders agree or disagree with them — they’re still going up and they’re keeping their eye on you!

Officials with the MBTA remind riders to pay attention to personal safety while using the T. Make sure you’re always aware of your surroundings and of the people who are around you. Try to avoid listening to headphones so that you can hear what’s around. This will help to keep you from being a target for predators. Don’t talk to strangers, especially when you’re in an isolated area. If you’re carrying a wallet, make sure you keep it in your front pocket. If you ever get attacked, scream loudly! You can even blow a whistle, if you carry one, to help to draw attention. You also want to stay one step ahead of the traffic around you, including other travelers and of the trains, buses and subways. Travel wise, travel alert and travel safe!
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December 6, 2012

Bounce House Parties a Big Hit, But Present a Significant Danger of Injury

by Jeffrey S. Glassman

In children’s parties throughout Massachusetts, bounce houses have become a big hit. Bounce houses can be rented for birthdays, graduations or other special occasions. These rentals have been steadily increasing in popularity in recent years, but unfortunately, a study released on last month now indicates that the bounce houses present significant dangers to children.

Our Boston personal injury attorneys want to draw your attention to the new study and make you aware of the potential dangers of bounce houses. Injuries can range from mild to severe to fatal and kids of all ages are at risk when playing in a rented bounce house.

The Risks of Injury From Bounce Houses
On Monday November 26, Boston.com, reported on the results of a nationwide study on the dangers of bounce houses. According to the results of the study:

30 kids each day are treated in U.S. emergency rooms for injuries caused by bounce house accidents.
In 1995, only 1,000 kids ages 17 and under visited emergency rooms as a result of bounce house injuries. In 2010, nearly 11,000 kids (or 15 times more kids) were injured severely enough in a bounce house to go to the ER.
The number of kids visiting emergency rooms with bounce house injuries has doubled since 2008.
Three percent of children who go to the emergency room require hospitalization for their bounce house injuries. Broken bones are the most common injury that leads to hospitalization.
Approximately 1/3 of bounce house injuries affect kids ages 5 and under.

These bounce house injuries occur for many different reasons. Most of the injuries happen when kids fall either inside of the bounce house or fall outside of it. Many also occur when bouncing kids collide with each other. However, injuries have also been reported as a result of bounce houses collapsing or bounce houses being lifted off the ground by high winds.

When an injury occurs, it can be painful and expensive to treat, but fortunately most kids recover. Tragically, however, not all children live through bounce house accidents. Data from the Product Safety Commission revealed that there were at least four bounce house deaths in the study period. The deaths were due to head injuries and occurred when children struck their heads on hard surfaces while bouncing.

Who is Responsible for Bounce House Injuries?
As the number of bounce house injuries grows, concerns arise as to who should be held responsible for damages in the wake of an accident. The answer will vary depending upon the circumstances surrounding the injury.

In some cases, the company that rented the bounce house may be liable, especially if the bounce house collapsed. In other cases, the hosts of the party where the bounce house was located may be responsible.

Because of the complexities of determining who is responsible for bounce house injuries, it can be a good idea to talk to an attorney for advice.
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