Boston Injury Attorney Blog

A Massachusetts arbitrator awarded $100,000.00 on February 24, 2011, for a patron who fell down the stairs at a restaurant breaking his leg. The patron briefly left the restaurant for a smoking break and was on his way back in when he was injured. Upon his return, the patron fell off the steep staircase, breaking one leg and severely spraining the other. Both injuries required significant medical treatment, including the placement of permanent pins in the broken leg.

The case was recently reported in Massachusetts Lawyers Weekly. The injured party argued that the steps on the property were too pitched and narrow to meet the building code and this defect was the proximate cause of injury. Circumstantial evidence showed the steps did not meet code based on the tapered perimeter of the stairway. Local building code enforcement authorities noted that the restaurant had been in violation of the code many times.

The arbitrator ruled that since the restaurant never discouraged smokers from using the area or warned of the potential danger, the owner had a legal obligation to ensure that the property remained free of hazards for patrons and met all building code standards. In total, the arbitrator awarded $100,000.00 in damages to the plaintiff. However, the plaintiff was found to be 40% comparatively negligent so the award was reduced to $60,000.

Continue reading "Personal Injury to Restaurant Patron in Massachusetts" »

Massachusetts women of childbearing age who are taking the drug Topamax, an anti-migraine and anti-seizure treatment, beware. In May of 2010, Ortho McNeil Pharmaceutical, LLC, a subsidiary of Johnson & Johnson, pled guilty in U.S. District Court in Boston to one count of a misdemeanor violation of the Food, Drug & Cosmetic Act for illegally promoting its epilepsy drug Topamax for uses that were not approved by the FDA. The company was also sentenced by U.S. Magistrate-Judge Robert B. Collings to pay a criminal fine of $6.14 million.

Ortho-McNeil promoted Topamax to psychiatrists, including some in Massachusetts, for psychiatric uses. However, the company had never applied to the FDA for approval for Topamax to treat any psychiatric disorders and there was no data from any well-controlled clinical trial to demonstrate that Topamax was safe and effective to treat any psychiatric conditions.

Furthermore, according to the Wall Street Journal and the U.S. Food and Drug Administration, the drug increases the risk of birth defects. Women who used the drug have shown a 1.4% increase in their child developing cleft palates or cleft lips in utero. The problem occurs when parts of the lip or palate do not completely fuse early in the first trimester of the pregnancy, when the women may not know they are pregnant. The risk is especially heightened when Topamax is taken during the first trimester of pregnancy.

Johnson & Johnson noted it was working with the FDA to improve the label for Topamax, the FDA indicated that health care professionals should warn patients of childbearing age about possible birth defects.

Source:
http://online.wsj.com/article/BT-CO-20110304-709541.html

Continue reading "Massachusetts Risk of Birth Defects Increased by Migraine Medicine " »

The estate of a 32-year-old Massachusetts woman has recently reached a $2 million settlement with defendant medical professionals for a delayed diagnosis of a pulmonary embolism, which resulted in her death in 2004.

According to Massachusetts Lawyers Weekly, in March 2004, the decedent sought emergency medical care after experiencing shortness of breath and calf pain. The defendant Emergency Room physician evaluated the patient and ordered an ultrasound of her legs, chest x-ray, lung scan, and D-dimer (a test used to find blood clots). The ultrasound revealed no blood clotting and the X-ray uncovered no apparent abnormalities. The D-dimer, however, did return abnormal results and the lung scan suggested a low-probability of embolism. The plaintiff's lawyer hired an expert witness who was to testify that the results of the D-dimer and lung scan should have prompted the ER physician to order an additional chest CT scan or angiogram, which likely would have revealed the embolism. Instead, he discharged the decedent with a misdiagnosis of "lower extremity edema" and directed her to see her primary care doctor.

Later that month, the decedent visited her primary care doctor. The nurse recorded that the decedent had twice collapsed and lost consciousness, felt numb, was pale, and had an accelerated heartbeat. She later advised her supervising physician that the EKG came back abnormal. The patient was never advised to seek emergency care. At the end of the month, the decedent again fell ill and was rushed to the ER, where the receiving doctor ordered an emergency CT scan for a suspicion of a pulmonary embolism. The patient passed away 90 minutes after being admitted. A subsequent autopsy confirmed the pulmonary embolism.

The plaintiff claimed that the delayed diagnosis of the embolism constituted medical malpractice and was ultimately to blame for the death. Further, it was alleged that the decedent's primary care physician and the nurse practitioner violated the medical standard of care by not sending the patient to the emergency room. The plaintiff settled these claims for a total of $2 million.

Continue reading "Misdiagnosis Cited in Death of Massachusetts Woman" »

To avoid potential for personal injury, check your roofs! The record snowfalls in Massachusetts have caused fears in the minds of many concerning the stability of the roofs over their heads. Below is a list of warning signs that your roof is in danger of collapse:

* Sagging roof steel - visually deformed
* Severe roof leaks
* Cracked or split wood members
* Bends or ripples in metal supports
* Cracks in walls or masonry
* Cracks in welds of steel construction
* Sheared off screws from steel frames
* Sprinkler heads pushed down below ceiling tiles
* Water puddles where it never has before
* Doors that pop open
* Doors or windows that are difficult to open
* Bowed utility pipes or conduit attached at ceiling
* Creaking, cracking or popping sounds

If you have problems

* Call your local building or fire official.
* If there is imminent danger, evacuate the building and call 911.

Continue reading "Avoiding personal injury in Massachusetts - recognizing problems with roofs" »

Personal injury in Massachusetts is hard to avoid this winter due to all the snowstorms. Sidewalks and walkways are filled with snow and drifts, hiding the ice underneath. Although children and elderly are most likely to slip and fall, walking on ice and snow can be treacherous to anyone. Below are some tips on how to walk safely through the ice and snow.

Tip #1- Wear Shoes and Boots That Are Appropriate for the Winter Weather

Warm, waterproof shoes and boots with non-slip soles are the safest footwear.

Tip #2- When You Can't Walk on City Sidewalks...

Sidewalks are the safest places to walk. Sometimes, they are covered with snow making them impassable. If you're forced to walk in the street, stay as close to the curb as possible. Walk against the traffic and watch out for motorists.

Tip #3- Wear Reflective or Bright-Colored Clothing

Avoid wearing dark clothing, rather choose reflective or bright-colored clothing so motorists can clearly see you.

Tip #4- Use the Crosswalks at Street Intersections

When it's snowy and icy outside, roads and sidewalks often become slippery. If there are any places to walk that may be clear and safer, it will be on crosswalks at intersections. Before stepping out into the street, wait and make sure the traffic has stopped first so a sliding vehicle does not hit you.

Tip #5- Take Your Time and Take Smaller, Slower Steps

Take your time to reach your destination. Take smaller steps than normal, and watch for black ice, even if your path appears to be clear.

Tip #6- Walk Outside During the Daytime Hours

Walk outside during the daytime. In the wintertime, it is more difficult for motorists to see you.

Continue reading "Walking safely around Massachusetts in the snow" »