Boston Personal Injury Attorney Blog

July 25, 2012

Infant Drowns in Littleton in Family’s Koi Fish Pond

Infants, toddlers and young children need to be supervised when playing around virtually all bodies of water, whether it is a bathtub, a toilet, a swimming pool, the ocean or even a small Koi fish pond.

According to CBS Boston, a 10-month-old died after drowning in Littleton. The infant died after drowning in a Koi fish pond on the family’s property. Emergency response teams found him in their Koi fish pond at their home on Harvard Road. He was already unresponsive when they found him.

Firefighters arrived at the scene and pulled him from the pond. He was transported to Emerson Hospital and then later taken to Massachusetts General Hospital. He was first listed in serious condition for quite some time. According to officials with the Middlesex district attorney’s office, the toddler died just a few days after, reports ABC 40.

According to the boy’s neighbors, the family is new to the area and had not installed the Koi fish pond. It was left behind by the previous homeowners. It’s about two feet deep and about four feet wide. Unfortunately, it was large enough to cause some serious injuries to the toddler.

According to accident reports, there were a number of kid toys lying near the pond when officials arrived.

The accident is being investigated by the Middlesex County District Attorney’s office.

Swimming pools aren’t the only areas where infants are at risks for drowning accidents. They’re also at serious risks around lakes, ponds, beaches, bathtubs and other bodies of water. Every year, about 1,000 kids are killed in drowning accidents.

It’s important to make sure that you secure all lakes, ponds and swimming pools when you have a young child present. It’s a good idea for you to take a CPR course specialized in helping infants and toddlers. Avoid keeping toys near any ponds or lakes near your home. You also want to make sure that children are always supervised when they’re around these bodies of water. Consider enrolling your child into a swim course to help them to get a head start.

You even need to keep an eye on the bathtub. You might not think about it, but these are common places for drowning accidents to happen.

Bathtub Safety Tips:

-Cover the surface of the tub with a suctioned mat to help to reduce the risks of slipping.

-Fill the tub with no more than 4 inches of water.

-Never leave a child unattended while they’re in the bathtub.

-Put a soft cover on the faucet so they don’t get hurt in the event of a fall.

-Make sure water temps are appropriate for their young bodies.

-Don’t allow newly potty trained children to use the restroom without supervision.

-Never allow water to get hotter than 120 degrees. Any hotter can cause scaling injuries.

-Never allow children to drink the water.

-Keep toilet lids down and bathroom doors closed at all times.
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July 21, 2012

New Guidelines Addressing Sport Injuries in Massachusetts

by Jeffrey S. Glassman

Massachusetts has some new concussion guidelines. The laws are just now taking effect although they were passed back in 2010. The new guidelines were developed by the Massachusetts Department of Public Health and work to help parents, guardians, coaches and all others who are involved in child athletics to recognize, manage and treat a concussion, according to Common Health.

Each and every day we’re hearing more and more alarming news about concussions and mild traumatic brain injuries (TBI). According to a recent study, published in the journal Archives of Pediatrics & Adolescent Medicine, children who suffer from a TBI report an increase in both somatic and cognitive symptoms for as long as a year after the injury was sustained. To add fuel to the fire, a recent article in the New York Times reported on the risks of long-term effect of concussions among recreational athletes and concluded that they are higher in comparison to professional athletes.

Our Boston sporting injury lawyers understand that the new guidelines say that an athlete who suffers a concussion have to be taken out of the game or out of practice immediately. You’d think that would be common sense, but the problem is that many athletes may not even be able to recognize their own concussion. You can’t see a concussion like you can a bruise or a cut. Most times, athletes will get a concussion without ever losing their consciousness. So how do you recognize when an athlete has a concussion.

Symptoms of a Concussion:

-Suffering from a headache.

-Feeling of nausea.

-Having a tough time balancing.

-Blurry vision.

-Sensitivity to bright light.

-Sensitivity to noise.

-Feeling unlike yourself.

-Having a tough time concentrating.

-Having a fuzzy memory.

-Becoming confused easily.

-Forgetfulness.

-Feeling sad.

-Becoming irritable.

-Feeling anxious.

If you’re watching your child play their sport and you feel that they’re suffering from too many of these symptoms and believe that may have sustained a concussion, let their coach know and take them to be evaluated by a doctor.

Under the new law, everyone involved in children’s sport are to be trained in recognizing, managing and preventing these types of injuries. The Centers for Disease Control and Prevention and the Brain Injury Association of Massachusetts have information available on their web sites and downloadable training courses to help.

Once it’s determined that a child has a concussion, they’re to sit out for the rest of practice or the rest of the game and have to be cleared by a doctor before they can come back and play.

There are also guidelines to follow after the injury. Children are also instructed to sit out on cognitive activities, including school tests, as some of the symptoms can get worse under these circumstances. School officials are to allow reduced school hours and workloads during this time. Students are not recommended to take standardized tests during recovery. They’re also to be allowed with extra time to complete school work.
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July 16, 2012

Ghost Bikes to Raise Awareness of Bicycle Accidents in Massachusetts

by Jeffrey S. Glassman

Recently, friends, family members, the community and other bicycling advocates gathered at the corner of Neck Road and Boston Post Road to participate in a Ghost Ride to ride in “in support of cyclists’ rights to travel safely,” according to the Madison Patch.

One of the women who showed up for this awareness event, Colleen Kelly Alexander, was actually still recovering from a horrific bicycling accident that happened back in October of 2011. She was run over by a truck at that very same corner while bicycling her way home from work. After she was run over, she flatlined twice, but was able to be revived. After that, she underwent a number of painful and extensive reconstruction surgeries to fix the parts of her body that were mangled in the accident.

Alexander isn’t able to work yet, but spends what time and energy she can helping to raise money for organizations and groups that have offered her assistance since the accident. She also helps groups who work to raise awareness about bicycle safety.

Our Boston bicycle accident lawyers understand the risks cyclists face on our state’s roadways. Every year, there are hundreds of bicyclists who are killed in traffic accidents across the country. Many of these accidents are drivers’ faults. Oftentimes, motor vehicle drivers aren’t paying attention or fail to recognize bicyclists along our roadways. With all of these accidents and all of these fatalities, we now see a number of Ghost Bike memorials throughout the state. These Ghost Bikes are small and somber memorials that are set up to remember bicyclists who were killed or were hit by a motor vehicle. These bikes are painted all white and they’re locked to a street sign near where the accident happened. Accompanying these bikes is a small plaque. These bikes are meant to help remind drivers about these kinds of accidents and the vulnerability of our bicycling friends.

A number of supporters of the Ghost Bike program say that they’re hoping that these bikes help to remind drivers to be safe and cautious when traveling near bicyclers. They also say that they hope that the bicycle will serve as a reminder about the congestion and the dangers at that particular intersection, so that any future accidents can be avoided.

Since the accident, transportation officials have reviewed that intersection to see if anything more could be done to make it safer. Besides a few new yellow stripes, nothing has changed. Still, residents complain that there is no line to alert drivers where to stop when approaching the intersection and drivers complain that the stop sign is so far back that that have an obstructed view going both ways.

Since the roadway doesn’t seem like it’s going to be changed, drivers are urged to be extra careful in this area. Unfortunately, these are problems that we see at many intersections across the country. Drivers are asked to be on the lookout for our vulnerable two-wheeled friends at all times, but especially when approaching an intersection.
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July 14, 2012

Man Dragged Down Tracks by MBTA Train

by Jeffrey S. Glassman

According to local police officers, a man was seriously injured as he attempted to get off of a moving train at the Nantasket Junction Depot. Officers say that they located the victim reclining on a bench at the station shortly after the accident happened. Emergency response crews arrived on scene and quickly transport him to South Shore Hospital in Weymouth, according to the Patriot Ledger.

He was later transported to Boston to the Brigham & Women’s Hospital.

Transit Constabulary report that the train that came from Boston was leaving the Nantasket Junction station in route to Scituate at about 1:30 p.m. when the accident happened. The man opened a closed door on the train and tried to get out. One Hingham official says that it appears that the man may have been dragged by the train nearly 200 feet.

Our MBTA accident attorneys understand that travelers need to be cautious when using public transportation. When we’re not careful and don’t follow rider rules, accidents result. In other cases, hazardous conditions can lead to an accident through no fault of your own.

It’s important to make safety a top priority to help ensure you reach your destination safely. There are a number of ways that we can all help to protect ourselves from accidents on the T. Officials with the Massachusetts Bay Transportation Authority (MBTA) offer some safe traveling tips.

MBTA Train Riding Safety Tips:

-When you’re waiting for your train to arrive, make sure that you’re in a central location where there are other patrons. Never wait alone. There’s safety in numbers!

-When you’re riding the T during off hours, make sure that you ride as close to the train operator as you can.

-If there is someone bothering or harassing you on a car, move seats and let the operator of the train know.

-There are intercoms on every train that call the operator directly. In case of an emergency, contact the operator. They can then contact Transit Police directly.

-Transit Police can then be dispatched to any location.

– Be aware of when your stop is coming up. Gather your belongings and get ready to exit the car.

-Stand away from the tracks when waiting for the train. Do not cross the yellow line.

-Allow riders to exit before entering the train car.

-Sit down or hold on to the hand rails once you’ve entered the train car. Keep your belongings nearby, but out of the way of others.

-Keep kids close by and hold hands. Pack up strollers and hold your child’s hand when using stairs or the escalator.

The T is an awfully convenient way to get around town. Unfortunately, it can be dangerous. Keep safety as a top priority when riding and keep a heads up for potential dangers. Report any suspicious activity to the operator or to Transit Police.
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July 12, 2012

Summertime Risks for Accidents in Boston

by Jeffrey S. Glassman

The sun is shining, the heat is here and the pools are now open!

The good news is many pools in the area are opening 7 days a week, according to the City of Boston. Mayor Menino recently made the announcement of 10 city pools that will be open every day of the week for residents to enjoy!

Unfortunately, with more time outdoors and more time in the pool, the risks for accidents are much higher.

The City departments as well as non-profit and corporate partners are working to help to integrate and increase summer programming within the city, to help to make sure that each child resident has an opportunity to do something positive every day of the summer season. In addition to the programs that are being held at community centers across the city, the City of Boston and the Mayor are holding hundreds of city pool parties, movies series, outdoor programs and concerts across the city and in local parks.

Our Boston personal injury attorneys understand that children are out of school for the summer and are looking for a good time. Unfortunately, many of these good-time activities involve some serious risks for accidents, especially with the heat we’ve seen in recent weeks. We’ve seen temps in the upper 90s! For that reason, it’s important you do your part to help you to keep our little ones safe in the summer heat and when playing in and near the pool. Unfortunately, heat injuries are likely for children when we’ve got weather this hot. It only takes a few minutes for them to endure a heat illness. This happens when the heat quickly increases your body temperature beyond its comfortable 98.6° F.

“Now we are also making our City pools accessible to residents 7 days a week, for the first time ever, for anyone who wants to cool off from the summer heat,” said Major Menino.

If you’d like to know what’s going on in your neighborhood, you’re urged to check out the Find Your Summer website. But before you do though, we’re asking parents, guardians and childcare providers to review the follow safety tips to help make sure that everyone is safe during this summer season.

Summertime and Pool Safety Tips:

-Make sure everyone is well hydrated. Drink plenty of water.

-Make sure that you use your sunscreen!

-Never allow children to swim unsupervised.

-Keep a cell phone near you at all times in case of an emergency.

-Consider outdoor activities early in the morning before the heat swoops in.

-Never stay out in the sun for too long.

-Never push others into the pool.

-Teach children to float or swim as soon as possible.

-Avoid drinking and swimming or hanging out in the heat.

-Keep electronics away from the pool and away from other water sources.

-Keep rescue devices and first-aid supplies nearby.
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July 10, 2012

Accidents in Boston: Careful of the Anderson Memorial Bridge Reconstruction

by Jeffrey S. Glassman

According to Richard A. Davie, CEO and Secretary of the Massachusetts Bay Transportation Authority (MBTA), officials recently broke ground on the Anderson Memorial Bridge to help to make the necessary improvements connecting Cambridge and Boston via the Charles River.

The restoration project on the bridge is costing the city nearly $20 million and it is being funded through the Patrick-Murray Administration’s Accelerated Bridge Program (ABP). The bridge helps to get North Harvard Street across the Charles River. The project will be done in 4 phases and is expected to be done by the fall of 2014. Until then, drivers and water travelers are urged to be cautious in these areas. Construction work brings about an increase in the risks for accidents in Boston.

“The rehabilitation of this important bridge reflects our Administration’s commitment to investing in infrastructure improvements in cities and towns across the Commonwealth,” Lieutenant Governor Timothy Murray said.

Our Boston personal injury lawyers understand that the bridge is nearly 450 feet in length and is a three-span structure, meaning there’s a lot of work to be done. While construction teams are working on the bridge, they will always keep two arches open so that water travelers can continue their travels down the Charles River. Land travelers don’t have to worry either. They’ll be able to get by too, but only with one lane open in each direction. Traffic will be directed through barrels and striping so you’ve got to be careful! Risks of boat, car, bicycle and pedestrians accidents are significantly increased in construction areas. If you can, you’re urged to avoid this area altogether. If you have to use the bridge, make sure that you do so carefully and be sure to allow yourself plenty of time for traffic and congestion.

According to transportation officials, this bridge and the reconstruction is benefiting everyone. Not only will it last for decades, but it will also provide better and safer accommodations for pedestrians and bicyclists. Frank DePaola with the Massachusetts Department of Transportation (MassDOT) says that these kinds of improvements will help to make sure that everyone has an easier and safer way to get around.

There is nearly $500 million in ABP funds to help to improve seven of the bridges that make their way across the Charles River. The Anderson Memorial Bridge serves as the third bridge to get a makeover. The Craigie Drawbridge and the Craigie Dam Bridge have already gotten their turn.

The Anderson Memorial Bridge was built back in 1951 and was named after the builder’s father.

Drivers are asked to be cautions when driving through construction areas. Be on the lookout for other vehicles and for roadside workers. Accidents are likely when travelers are not paying attention. Keep it slow and keep your full attention on your surroundings.
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July 10, 2012

New England Fireworks Accident Injures 11, Including 5 Children

by Jeffrey S. Glassman

Before we kicked off this year’s Independence Day festivities and fireworks displays, our Boston personal injury attorneys warned residents and visitors about the dangers that come with fireworks. We also offered some simple safety tips to help to prevent related injuries. Each and every year, thousands are injured by these lights in the sky. Most of the accidents happen around the Independence Day holiday. This year’s celebration was no different as a fireworks accident in New England wound up injuring 11 people, including 5 children.

According to the Boston Globe, both an 8-month-old and a 2-year-old were sent to the hospital and treated for some serious burns when some of the family’s fireworks were accidentally all set off at once during one of the areas Fourth of July residential celebrations. The explosion wound up engulfing the family’s back deck in flames.

According to accident reports, it all happened when a wayward firework accidentally flew right into the main supply of the family’s fireworks causing them all to ignite. Witnesses report that the explosion rumbled the entire neighborhood and sent a ball of fire into the air.

“The whole thing went off like a bomb,” said Skip Harrington, mother of the 2-year-old who was seriously burned in the accident.

The child was playing near the fireworks when the accident happened. The child was reportedly covered up in flames. Luckily, mom was nearby to swoop in and help to save the child before it was too late.

The young child was induced into a coma at the hospital so that doctors could work to treat his injuries. There was one firework that would up lodging itself into his arm. Medical officials say he’ll be in the hospital for at least a month because of these injuries.

Also injured in the accident was the child’s 32-year-old mother. She was only recently released from the hospital, but continues to wait by her child’s side.

According to a spokesman for the family, the 2-year-old is the only family member that remains in the hospital. All others were treated for their burns and have already been released.

The two children who suffered “significant burns” in the accident were both airlifted to Boston to the Shriners Hospitals for Children.

Investigators have yet to pinpoint the cause of the accident. All they know is that there were fireworks going off when the explosion happened. The state fire marshal, J. William Degnan, says that the explosion is still being investigated.

Authorities are looking into the fireworks that were involved in the accident to see if any fall under the list of banned fireworks in the state.

Officials with the local fire department say that they’ve confiscated a number of fireworks from the family’s home. This fireworks display was an annual hosting and elaborate event that oftentimes drew in dozens of onlookers.
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July 8, 2012

MBTA Accidents in Boston and Elsewhere Likely with Shrinking Repair Funds

by Jeffrey S. Glassman

Right now, there is a crew of carpenters, sheet-metal workers, repairers and others who have been working day-in and day-out trying to repair and maintain some of the T’s oldest cars, the ones on the Orange Line.

There’s even one car, subway car 31, that is more than 60-years-old and has logged nearly 2 million miles during its time on the tracks, according to the Boston Globe.

According to Massachusetts Bay Transportation Authority (MBTA) repairman Dave Campbell, fixing these old cars takes a lot of new-age technology. They use laptops to test out the 1970 a/c units in the cars and replace some of their parts with some of the parts from the newer Blue Line cars. Maintenance officials are even using deli-counter hairnets to help to protect sensitive traction motors from snowdrifts. It’s all a way to help to protect riders, to keep the cars working and to reduce the risks of MBTA accidents in Boston in the middle of a financial crisis.

Our Boston personal injury attorneys understand that the cars on the Orange Line were built back in the 70s and the 80s. It’s not that they were built back then that’s concerning officials, it’s that they’re only designed to run about 25 years, and that’s only if they’ve had some major repairs and component replacements. They typically don’t last that long, especially under the demands of Massachusetts’ travelers. The problem is that it would cost about $500 million to replace the more than 150 cars. That plan is still another 5 to 10 years out. Instead, officials are using a portion of their $4 billion replacement/repair backlog to help to improve the system and the cars for transporting nearly 1.5 million riders each weekday.

The T isn’t doing too well. It’s not only fallen behind on revenues, but it’s also behind on fares and state sales tax. Most every fare dollar that makes it to the T is used to pay off its debt. A lot of this debt is the result of the expansion project on Beacon Hill. Costs such as fuel, electricity and employee health insurance have outstripped inflation.

At the same time, the T’s ridership has increased dramatically. Increases, according to travel experts, are the result of more people living and working near T stations in addition to the high gas prices. These factors lead to more people on the platforms waiting for the aging and overworked trains. With these conditions, trains are more likely to break down and riders are more likely to experience delays. To help to keep the flow going, MBTA officials are turning to quick and low-cost fixes to compensate for the deferred long-term investment.

MBTA riders are urged to be cautious when riding the T. Schedule in delays when planning your trip. Always have a backup plan when traveling. You never know what can happen.
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July 5, 2012

Food poisoning in New England – NYC Listeria Outbreak Illustrates Dangers

by Jeffrey S. Glassman

A recall of fresh cheese in the New York City metropolitan area stems from concerns that it may be tainted with Listeria.

Our Massachusetts food poisoning lawyers understand that the announcement came recently from New York State Agriculture Commissioner Darrel Aubertine, who said that while no illnesses have been reported, listeria is a dangerous organism. Failure to recognize and treat it can result in personal injury or even wrongful death.

It stems from a routine inspection from the Division of Milk Control and Dairy Services back in late June at the Woodhaven wholesaler, Mexicali Cheese Corp. on 87th Street. The manufacturer was notified that the test results preliminarily came back positive. The manufacturer in turn voluntarily recalled the cheese.

The cheese is packaged in a hard, plastic tub with the plant number 36-0128 and a code of 071512. All packages with these codes are affected, and they would have the following product names: Acatlan Queso Fresco, Fresh Cheese, Mexicali Queso Fresco Mexicano and Mexican Style Fresh Cheese.

While there haven’t been any reports of illness, Listeria can be fatal. Formally, it’s known as Listeria monocytogenes. It’s a bacteria that occurs in contaminated food.

As with almost any food borne illness, those primarily affected are pregnant women, newborns, older adults and adults who have weakened immune systems.

For example, a newborn can become sickened with Listeria poisoning, known as listeriosis, if his or her mother consumed it while pregnant. If you’re healthy, you may be able to eat a food contaminated with Listeria and never even know it or display any symptoms of illness.

It’s these risk groups, however, who must be especially cautious.

If you’re pregnant, you might experience some flu-like symptoms, according to the Centers for Disease Control. But these infections can lead to premature delivery, miscarriage, stillbirth or a life-threatening infection of your baby.

Those who aren’t pregnant are generally going to experience fever and muscle aches. If it’s serious, it will involve headaches, stiffness in your neck, confusion, dizziness and convulsions.

According to the CDC, certain foods are particularly prone to Listeria contamination – most of them raw. These include processed meat (think deli meat or hot dogs), soft cheeses and smoked seafood. Unpasteurized milk and cheese are among the most likely foods to contain the bacteria.

Listeria is usually killed in the cooking process, but if you should know that when you consume certain ready-to-eat foods, your chances of getting spike because contamination can happen between the food being cooked in the factor and being processed. Plus, unlike a lot of other bacteria, Listeria can thrive in your refrigerator.
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July 3, 2012

Happy Fourth of July from our Boston Personal Injury Attorneys

by Jeffrey S. Glassman

“Even though fireworks are illegal in Massachusetts, unfortunately every Fourth of July we usually see at least a few fireworks-related injuries,” said Dr. Paul Biddinger with the
Massachusetts General Hospital.

The bottom line is that fireworks are dangerous, even sparklers. Unfortunately, there are still thousands of people who are injured in firework-related accidents in Boston and elsewhere. In 2011, there were more than 9,000 people who were injured in these accidents. Another 4 people were killed by fireworks during the year. About 70 percent of these accidents occurred during the 30 days neighboring the Fourth of July. This year, residents are asked to be safe, be cautious and to leave the firework displays to the professionals.

Our Boston personal injury attorneys understand that Massachusetts’ state law forbids all private citizens from having or using fireworks. In the state it’s also illegal to transport legally obtained fireworks, this means into or out of the state. Because of these laws, the rate of related injuries and hospital visits resulting from fireworks is nearly 5 times lowers than the country’s average, according to the Boston Globe.

According to the U.S. Consumer Product Safety Commission (CPSC), most of the injuries from fireworks each year are caused by sparklers, accounting for nearly 20 percent, and firecrackers, accounting for another 15 percent. About 25 percent of all of these accidents and injuries occur to individuals who are under the age of 15. Regardless, people of all ages should be careful when they’re around fireworks. Accidents happen when people aren’t paying attention.

“Consumers need to heed our warning: fireworks related incidents, especially those involving illegal fireworks, can be fatal,” said CPSC Chairman Inez Tenenbaum
If you’re venturing out on a Fourth of July vacation and your plans include fireworks we’re asking you to be safe, to be responsible and to use common sense. To help you, we’re offering you some firework safety tips from the CPSC.

Firework Safety Tips:

-Young child should never be allowed to handle fireworks.

-Never purchase fireworks that come in a brown paper bag. This is a sign that they may have been made for professional firework displays and ultimately could be very dangerous for you.

-Never place any part of your body directly over a firework device when lighting it.

-If a firework doesn’t light don’t attempt to relight it.

-Never point or throw fireworks at anyone.

-Always keep water nearby, whether from a hose or in a bucket.

-Never shoot fireworks off from a metal or glass container.

-Never use fireworks in areas where they’re illegal.

For a list of firework displays in and near the Boston area, you can visit the Boston Central website. Many towns celebrate on different dates and at different times, so it’s easy to find a display to fit your schedule.
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