Boston Personal Injury Attorney Blog

July 12, 2012

Summertime Risks for Accidents in Boston

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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July 2, 2012

Car Accidents in Boston Reduced by Automation?

by Jeffrey S. Glassman

Recently, General Motors and some of its researchers looked into how non-driving activities influenced driver behavior. They looked into how self-steering vehicles affected us behind the wheel. One of the surprising findings is that drivers’ awareness actually improved when the car took hold of driving, according to Motorway America. Researchers wanted to know just how these newer technologies affected drivers and how effective they were in reducing the risks of accidents in Boston and elsewhere.

“Drivers are already engaging in risky behavior, and are likely to continue doing so…so why not make it safer for them and the people around them,” said Dr. Eddy Llaneras, principal investigator for the study.

Our Boston personal injury attorneys understand that researchers are looking to make some kind of vehicle automation that’s equipped with safeguards. They believe that this technology may be able to improve the dangerous behaviors that are already found all over roadways nationwide.

According to the AAA Foundation for Traffic Safety, about a third of all drivers say that they email or text message behind the wheel on a regular basis. This stands true despite common views on the behavior, saying that’s they know it’s dangerous. Distracted driving is all too common on our roadways and takes the lives of thousands of people each and every year. Researchers are working diligently to find a way to reduce the dangers that are associated with it.

In the General Motors’ study, officials looked at a driver’s attention to the road in both hands-on and automated steering circumstances. Both were recorded while the vehicle’s cruise control was activated. When drivers were engaging in other activities, aside from driving, they split they vision between the road and whatever else they’re doing. The study concluded that crash avoidance technologies actually help to keep a driver’s attention and vision on the road. Their attention actually increased by more than 125 percent when the automated steering was activated.

With the new study, researchers and GM were looking for a way to better keep drivers engaged while the automation was activated.

When drivers were questioned about these kinds of cars and their technology, many drivers expressed interest, especially when taking them on long road trips or by helping to alleviate driving worker’s stress.

The study was partially funded by the Federal Highway Administration although they do not necessarily endorse all its findings.

Automated vehicles have been moving quickly toward our roadways with each passing year. Researchers are getting closer and closer to creating a car that can steer itself. We already have in-car technologies that can help to warn drivers when there’s danger approaching. While these technologies all look good on paper and have some benefits in helping to reduce the risks of accidents, there’s still nothing more effective that safe and alert driving habits from everyone!
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June 26, 2012

Bicycle Accident in Bridgewater Seriously Injures Elderly Rider

by Jeffrey S. Glassman

In a recent bicycle accident in Bridgewater, an 81-year-old cyclist was severely injured. According to recent reports, his condition has grown worse. It all happened as the elderly rider was riding in the breakdown lane on Pleasant Street when his bicycle was hit by a passing motorist that was heading in the same direction, according to the Taunton Daily Gazette.

Immediately following the accident, the rider was transported to the Good Samaritan Medical Center in Brockton and then later taken to Mass General via MedFlight. It was there where he was admitted to the surgical intensive care unit. Last reports indicate that his condition was deteriorating.

Our Bridgewater bicycle accident attorneys understand that there were more than 600 bicyclists killed in auto-related accidents in just 2010. According to the most recent statistics from the National Highway Traffic Safety Administration (NHTSA), there were another 52,000 bicyclists killed in these kinds of accidents. You may not think that there are a lot of bicyclists on roadways, but these traffic fatalities account for 2 percent of all of the fatalities during the year. Bicyclists are some of the most vulnerable travelers on the road.

Bicyclists are urged to be extra careful when traveling along our busy roads. When riding a bike you should always cross the street at an intersection with a crosswalk or with a traffic light. Nearly 70 percent of all fatal bicycling accidents in 2010 occurred at non-intersections.

Bicyclists are also warned when traveling during the evening hours. About 30 percent of these accidents occurred between 4:00 p.m. and 7:59 p.m. The second most dangerous time for these accidents was from 8:00 p.m. to 11:59 p.m.

If you happen to be 42-years-old you might want to be a little more careful when biking around the city, too. The average age of bicyclists who were killed in traffic accidents in 2010 was 42. During the last decade, there has been steady increase in this average.

Don’t forget about the kids though. Our youngest riders may not be able to comprehend the dangers that come along with traffic. They may dart out into traffic. They may not stop for oncoming vehicles. And they may wind up in a potentially fatal accident. Be sure to keep an eye on the young riders in your family. If they’re under the age of 10, don’t let them ride without the supervision of an adult. In 2010, bicyclists under the age of 16 accounted for more than 10 percent of all of the bicyclists who were killed and another 21 percent of all those who were injured.
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June 24, 2012

Motorcycle Accident on Mass Ave. Kills One

by Jeffrey S. Glassman

According to Massachusetts State Police (MSP), a 20-year-old motorcyclist was killed while crossing over the Massachusetts Avenue Bridge. Officers report that the biker collided with an SUV and then with a pickup. He was taken to the hospital right after the Boston accident, but was pronounced dead. According to 7News, it happened just before 3:00 p.m. on the Boston side of the bridge. Officers say that the man was wearing a helmet at the time of the accident but it wasn’t enough to save his life. The bridge was closed until that evening so that officials could investigate.

“Guy hit the bike, guy went flying, I ran over him,” said the pickup driver involved in the accident.

Our Boston motorcycle accident lawyers understand that there are a lot more motorcyclists on our roadways this time of year. For that reason, we’re asking drivers to be careful of everyone, especially motorcyclists. These two-wheeled travelers are extremely vulnerable for serious injury or death in the event of an accident. Sometimes not even a helmet is enough to save them. All drivers need to be cautious of one another and keep an eye on our vehicle’s surroundings to help to avoid a potentially fatal accident. One wrong move can wind up costing someone’s life.

In 2009, there were nearly 5,000 riders who were killed in motorcycle accidents nationwide. In addition to these fatalities, there were 90,000 motorcyclists injured, according to the National Highway Traffic Safety Administration (NHTSA). Many of these accidents, injuries and fatalities could have been prevented if drivers took the extra time and actually looked for these riders. Oftentimes, they’re just overlooked on our roadways because drivers don’t see them or don’t give them the proper respect on the road. The truth of the matter is that these travelers have the same rights and follow the same laws as you and I. They should be treated that way, too.

Motorcycle Safety Tips from the Massachusetts Department of Transportation (MassDOT):

-Drive like drivers can’t see you. Make your presence known.

-Consider adhering reflective materials to your helmet. Make sure that it’s DOT-approved. That’s your most valuable piece of protective gear.

-When riding at night, wear bright-colored clothing.

-Be on the lookout in poor weather, traffic and adverse road conditions. Be sure to keep all of your attention on your surroundings.

-Always use your headlights while riding on the highway. You should always use your high beams rather than low beams.

-Avoid hiding in a driver’s blind spot, and always signal before making a move.

-Never weave between lanes.

-Never share a lane with a car.
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June 18, 2012

Oral Contraceptives & Risk of Dangerous Medical Products in Massachusetts

by Jeffrey S. Glassman

If you’re taking birth control pills you might want to listen up! A number of studies have concluded that there are complications that can stem from YAZ, Yasmin and Ocella birth control pills.

According to some researchers, these pills have progestin drospirenone in them, which has previously been linked to venous thromboembolic events. Some of these events have been ischemic stroke (CVA), myocardial infarction (MI), deep vein thrombosis (DVT), pulmonary embolism (PE) and even heart attacks.

Both YAZ and Yasmin are products of Bayer AG. Ocella. Bayer AG. Ocella is the generic product of Yasmin and is distributed by Barr Laboratories. If you’re taking any of these pills, you may be increasing your risk of injury by a dangerous pharmaceutical product.

Health complications from oral contraceptives can have some lasting effects and can even be deadly. Be cautious, be careful and look into your medications and contraceptives before taking them!

In addition to using these pills as contraceptives, many woman take them to treat osteoporosis, menopause and moderate acne. As of April of 2012, Bayer AG has already dished out more than $140 million to patients who claimed that YAZ or Yasmin has cause blood clots. Blood clots can cause some serious complications with your health and can even kill you.

Our Boston medical malpractice attorneys understand that some experts believe that Bayer has dished out even more for health complications resulting from its products. According to Richard Vosser, an analyst with JP Morgan Chase & Co., the company is believed to have already paid close to $3 billion to resolve various lawsuits against Yasmin and YAZ. There have already been about 500 lawsuits involving a number of injuries, most commonly blood clot injuries, which have been resolved. This doesn’t even account for half of the lawsuits against the company as many are awaiting a resolve.

There have also been a number of cases in which patients have claimed that the contraceptives have caused them gall stones and/or gallbladder damage. The company says that these claims are untrue and are not linked with their product.

Back in April, the U.S. Food and Drug Administration (FDA) ordered both Bayer and the makers of other contraceptives that had drospirenone in them to beef up their warnings. The FDA wanted the companies to better inform patients about these products and their risks for blood clots and other serious health problems. According to researchers, the drug drospirenone can increase a patient’s risk for blood clots by nearly three times.

In the last couple of years, there have been more than 10,000 lawsuits against YAZ that have been filed in federal courts. Each of these lawsuits alleging product liability. Women over the age of 35-years-old who have a history of serious medical issues or smoke are among those who are most at risk of developing complications from taking YAZ and other oral contraceptives.
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