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July 2010 Archives

Medical Care May Have Caused Jail Death In Suffolk Jail

WCVB Boston reports that Pedro Tavarez, an immigration detainee at Suffolk County House of Correction, possibly died from faulty medical care provided by medical staff at the jail. He died last October after contracting a bacterial infection. He was only 49 years old.

A federal report done by the Office of Professional Responsibility, a division of U.S. Immigration and Customs Enforcement, found that the medical staff's care fell short. The report also indicated that when Pedro Tavarez had a heart attack, the staff transported him to a hospital that did have emergency services.

Venerini Sisters Donate Retirement Funds To Pay Debts From Fraud

The Venerini Academy got some welcome news this week. WCVB Boston reports that the Venerini Sisters who operate the Worcester private school has agreed to donate their retirement funds in order to settle outstanding debts that the school owes to construction companies. As we covered earlier on this blog, the Venerini Academy was allegedly defrauded by fundraiser Michael Hlady. Fundraiser Michael Hlady was hired by the Venerini Sisters in order to collect donations for the private school.

Unfortunately for the Venerini Academy, Michael Hlady is accused of falsely promising that he had lined up a $3 million donation for the school. As a result of this promise, the school moved forward with a renovation project. As a result, the builders sued the school. While those suits have been settled, the Venerini Sisters have used their retirement funds as an interest free loan to the school in order to pay the builders.

State Trooper Crashes Into Two Poles In Quincy

A Massachusetts state trooper crashed into two poles in Quincy due to what could be a medical condition. The man knocked into two telephone poles, sideswiped a truck, and ended up on a lawn when emergency response located him. According to WHDH news, the trooper is a three year veteran. He was taken to a Boston hospital where authorities say that he will be fine.

A Boston personal injury attorney would tell drivers that Massachusetts is a self reporting state when it comes to disclosure of medical conditions that can possibly impair a driver. This means that all drivers have a responsibility to report any possible medical condition that could affect their ability to drive. Here are some of the conditions you should be aware of:

Abigail Perez Claims That Her Daughter Was Almost Hit By MBTA Bus

Mother of two, Abigail Perez claims that an MBTA bus driver in Boston's Back Bay almost hit her 10 year old daughter. WCVB Boston reports that Abigail Perez claims that when they got off at the Route 1 bus stop at around 9:00 a.m., her daughter was nearly run over. She told reporters: "Focus on what you're doing, you know? My daughter could've been hurt. Are you kidding me?" It is not known if she has retained the services of a Boston personal injury lawyer at the moment.

Ms. Perez claims that while they were attempting to cross the street and were in front of the MBTA bus, the driver almost hit them. She said: "We haven't even crossed yet, and like, there's cars passing by. And she starts the bus, like she was moving, and my daughter was literally right in front the bus and it grazed her backpack. I am banging on the door and I told her, 'You almost hit my daughter.' It was ridiculous."

Pedestrian Lois Kerbel Hit By SUV In Dennis

Cape Cod Online reports that a pedestrian was struck by an SUV in Dennis. Pedestrian Lois Kerbel, who is 64 years old, sustained injuries to the head, arm and legs which required her to be transported to Boston via helicopter for medical treatment. As of last night, she was listed under serious condition.

Lois Kerbel was crossing the street in front of the Bay Green Condominiums complex when she was hit by a Toyota SUV. The driver of the vehicle is 84 year old Rita New from Yarmouthport. Rita New was not injured and no charges have been filed at the moment. Dennis Police Capt. William Monahan told Cape Cod Online: "At this point, the accident is just under investigation."

Bridal Show Scam In Boston Costs Businesses

Pittsburgh resident Karen Tucker tried to scam Boston small businesses in the bridal industry with a bridal show scam. The Boston Herald reports that Ms. Tucker scammed approximately 57 small businesses into signing up for a fake bridal show. The bridal show was supposed to take place at the Hynes Convention Center this past March. It was dubbed "The Boston 411 Home & Bridal Show 2010."

Karen Tucker has been charged with one count aggravated identity theft and with one count of wire fraud in relation to the bridal show scam. While these are criminal charges, a Boston personal injury lawyer can tell you that individuals who have been impacted by fraud can pursue civil claims as well. Under a typical civil fraud claim, a victim can collect whatever money he or she has lost.

Property Owners Can Be Liable For Snow Injuries

The Massachusetts Supreme Judicial Court has ruled that property owners may be held liable for snow injuries. In a decision that a Boston personal injury lawyer could love, the Boston Herald reports that the highest court of Massachusetts ruled that property owners are responsible for any snow injuries; whether it is because of naturally high snow accumulation or because of snow plows.

A Boston personal injury attorney can explain the specifics, but many lawyers say that one of the far reaching implications of such a court decision is that it could lead to a lot more personal injury lawsuits. A lot of them argue that based on case law, property owners have not been held liable for snow accumulation for over a century. David White, a Boston personal injury attorney told the Boston Herald: "The biggest effect is that people who have suffered injuries as a result of the negligence of the landowner will be able to seek compensation, even in cases where the snow or ice accumulated naturally."

Girl Saved From Swimming Pool Drowning Brings Questions

While the summer may be the season for swimming pools, parents should be aware of the possible hazards from the summertime favorite. A Boston personal injury lawyer can tell you about how tragic it can be to have a loved one injured by a swimming pool slip and fall. 

In yet another story of summer fun gone wrong, WCVB Boston reports that a 4 year old girl suffered from a near swimming pool drowning at the Martin Olsen Swimming Pool on Turtle Pond Parkway around 3 p.m. this past Sunday. Witnesses told reporters that it was the girl's cousin who pulled her from the pool.

Olivia Quigley And Her Family Fight For School Cardiac Safety

Olivia Quigley suffered from a freak cardiac arrest while she was in school. She was only 6 years old. According to WCVB Boston, Olivia Quigley needed teachers to do CPR on her. She said: "Teachers had to do CPR on me. That saved my life." Now that she is 8 years old, she is trying to underscore the importance of school awareness with regards to cardiac emergencies.  

It is something that a Boston personal injury lawyer will certainly be keeping an eye on. The Quigley family is working with the American Heart Association to help pass Senate bill 2295. The law would make it mandatory for each school to have trained staff and equipment just in case there is a cardiac emergency.

Girl Injured By MBTA Station Escalator

A girl visiting Boston with her family from Santa Monica, California got injured by an escalator at the Aquarium MBTA station. NECN reports that in a horrific chain of events, Nell Kerndt was riding the escalator at the MBTA station when her plastic Croc shoe got caught in the escalator. Matters got even worse when her mother attempted to extricate her and her father tried to press the emergency stop button. Even with the help of a T attendant, the escalator could not be stopped. Her father Peter Kerndt told NECN: "I had nothing to stop that escalator...that was the worst possible thing."

Online Article Opens New Wounds For Family Of Phoebe Prince

The Boston Herald reports that a new article by Slate.com has opened fresh wounds for the family of Phoebe Prince. The article, which was written by editor/attorney Emily Bazelon, offers a new perspective that Phoebe Prince was possibly a troubled teen with a suicidal past.

The family of Phoebe Prince was shocked about how the article delved into Prince's past; which includes cutting herself and possibly overdosing on prescription medication.

Worcester City Council To Decide On Pit Bull Ordinance

Worcester City Council has decided to give preliminary approval to a new pit bull ordinance. The Worcester Telegram reports that the approval on the pit bull ordinance was unanimous by the Worcester City Council last night. It was also decided that the City Council will hold a public hearing on the pit bull ordinance on August 10; which is the council's next meeting.

For Worcester residents interested in attending the hearing, it will take place at 6 p.m. in the Esther Howland Chamber at City Hall. The proposed pit bull ordinance is similar to the pit bull ordinance in Boston called the Responsible Pit Bull Ownership ordinance.

City Of Beverly And Mother Of Danielle Tarsook Told To Settle Suit

The wrongful death lawsuit filed by the mother of Danielle Tarsook against the City of Beverly may be settled soon. The Boston Herald reports that the judge presiding over the $10 million wrongful death lawsuit of Danielle Tarsook has urged both parties to reach a settlement by ordering the lawyers to attend a settlement conference in John Adams Courthouse in Boston this week.

The lawsuit is based on the city of Beverly's police response to a call from Danielle Tarsook's boyfriend. He called 911 and told the operator that he was worried for Danielle's safety. The lawsuit filed by Beverly Tarsook (Danielle's mother) claims that the police failed to protect her daughter when they turned the girl over to her father. Her father happened to be Sgt. Dennis Tarsook with the Beverly police department at the time. When Dennis Tarsook brought his daughter back home, she committed suicide by hanging herself.

Construction Worker Injured In A Slip and Fall In Shrewsbury

The Telegram reports that a construction worker in Shrewsbury suffered from fractured ribs due to a slip and fall  from a roof. The construction worker, whose name has not been released, fell 15 feet from the roof of an AutoZone that is currently under construction on Route 9.

The AutoZone roof has openings that had been covered in plywood. When the injured construction worker had lifted a piece of plywood in order to work on an area, he slipped and fell. Fire Chief James M. Vuona says it looks like a slip and fall incident: "Looks like it was a slip-and-fall accident." He also said that it looks like the man could have slipped because of precipitation on the surface of the roof.

Tragic Twin Drowning Raises Safety Concerns

The Andreottola family in Lynnfield suffered a major tragedy this week. In a devastating twin drowning, the family lost both daughters. Veronica Andreottola and Angelina Andreottola were found by their mother in the family's in ground pool. Essex District Attorney spokeswoman Carrie Kimball Monahan told WCVB Boston that the twin girls may have been able to open the pool cover. The pool cover is controlled by a remote.

Police responded to a 911 call shortly after 10 in the morning, but after CPR was done on the girls and they were taken to the hospital, they were pronounced dead at Union Hospital. Lynnfield Fire Chief Thomas Bogart told WCVB Boston that the emergency response team did all that they could: "Lifesaving efforts were continued all the way to the hospital and long after the victims were at the hospital."

Death From Tots In Mind Tent Spurs Recall By CPSC

In another recall that involves children's products, 20,000 Tots In Mind tents were recalled by the CPSC.

The CPSC is announcing a voluntary recall of the Tots In Mind tent  after a two year old boy died when his neck was entangled between the frame and the metal rod at the tent's base. WCVB Boston reports that the incident with the two year old boy and the tent occurred two years ago in Vinalhaven Maine. The boy was attempting to climb out of the play yard when he became entrapped. A Boston personal injury lawyer  can tell you that the dangers of such a product are quite serious. 

Aerosmith Guitarist Joe Perry Hurt In A Motorcycle Crash

WCVB Boston reports that Aerosmith guitarist Joe Perry was injured in a motorcycle crash in Middleboro. Joe Perry was riding his 2009 Ducati motorcycle on Route 44 when he was hit from behind by a motorist. The accident occurred close to the intersection with Route 105. It is unclear whether Perry was operating his Ducati or stopped at the time of the accident.

Shortly after the accident, he was taken to Morton Hospital and Medical Center in Taunton. He was admitted under his legal name of Anthony Perry; where he was treated and released from the hospital. Fans will be glad to hear that his injuries were minor.

Boston Train Accident Severs Teen's Leg

WCVB Boston reports that a teenage girl trying to board a moving train in Worcester on Wednesday severed her leg. The horrific incident occurred while the girl and her friend were hanging out. Police say that the Boston train accident occurred when the girl tried to jump on board a moving train. Worcester Police Department Sgt. Kerry Hazelhurst told ABC News: "The train was traveling very slow, but just as the victim was about to grab onto the train, it jerked forward. She lost her footing and she slipped and fell onto the rail."

As a result of the accident, the 14 year old girl's right leg was severed at the knee. A Good Samaritan heard her cries for help and applied a tourniquet to stop the bleeding. She was taken to a local hospital, but her family says that the girl is in a coma.

Avandia Drug Is Backed By FDA Panel

In spite of concerns and safety warnings by the Food and Drug Administration (FDA) about the safety risks of GlaxoSmithKline's Avandia drug, the Boston Globe reports that an FDA advisory panel has recommended that the Avandia drug remain on the market.  

As the FDA had announced back in February, it was reviewing data from a large, long-term study of the Avandia drug  because of possible risks of cardiovascular events such as heart attacks. It was planning to announce its findings in July 2010.

According to the Boston Globe, 20 of the 33 panel members of the FDA advisory panel voted to keep the drug on the market. It is important for a Boston personal injury attorney to note that 17 of the panel members recommended that there should be stronger warnings accompanied with the drug and that there should be prescribing restrictions. While the FDA is not bound by the panel's decision, it typically uses panel decisions as a guideline.

Quadriplegic Allowed To Proceed With Lawsuit Against City of Newport

A man who walked off Newport's Cliff Walk in the nearby state of Rhode Island was permitted to proceed with his lawsuit against the City of Newport. WCVB Boston reports that Simcha Berman and his wife were walking along the scenic Cliff Walk in August 2000 when he fell 29 feet onto the rocks after mistakenly taking a path that led from the attraction.

Simcha Berman subsequently became a paraplegic as a result of his injuries. He claims that the City of Newport and the state of Rhode Island failed to properly maintain the walk.

Pit Bull Ordinance Requires Dogs To Be Muzzled

It seems like there may be less of a need for a Boston personal injury lawyer for pit bull attacks. WCVB Boston reports that the City of Lynn has recently passed a pit bull ordinance that requires all pit bull terriers to be muzzled when they are off their owner's property.

The Lynn City Council has agreed to request that Mayor Judith Flanagan Kennedy increase the city's animal control department's manpower in order to enforce this newly passed ordinance. Currently, there is only one full time officer in the department.

Bride On Her Way To The Altar Gets Into A Duck Boat Accident

We all know that weddings can be stressful. But can you imagine getting into a car accident on your way to your own wedding? In an accident only a Boston personal injury lawyer could have foreseen, one unfortunate Boston bride experienced just that on her way to the altar when she had a run in with a truck and a duck boat. CBS News reports that the duck boat accident occurred on Court Street near Government Center in Boston.

According to ABC News, the bride's Blue Honda Civic got crushed between a duck boat and a delivery truck. Naturally, the bride was in her wedding dress and had to climb out of the car through the trunk. She was accompanied by two other women.

FDA Decides The Fate Of Avandia Drug

According to U.S. News & World Report, the Food and Drug Administration (FDA) will be deciding what to do with GlaxoSmithKline's Avandia drug this week. GSK's Avandia drug, which is used to treat diabetes, was found to increase the risk of strokes, heart attacks, and cardiac related deaths.

However, GSK is claiming that while researchers at the FDA found an increased risk associated with the diabetes drug, their own study has found no increase in risk. The real clincher is that when the FDA looked into the research done by GSK, the FDA found that there were errors in their data analysis. The FDA uncovered that patients using the Avandia drug did indeed have increased heart risks.

Sex Attacks At T Stop Raises Questions

The rash of recent sex attacks on many a T stop has been a source of concern for many Bostonians. The first sex attack was done by clean cut, twenty seven year old, Joseph Joyce at the Kendall station. Joyce allegedly yanked the shirt off of a 16 year old girl and fondled her breasts while aboard a Red Line train half past midnight this past Wednesday.

In another case, a homeless man named Donald Kalil allegedly tried to rip the shirts off of women near a South Boston T stop. After he allegedly ripped the shirts, he attempted to fondle the women. The Boston Herald reports that while Kalil was arrested, they were not able to charge him indecent assault and battery because the victims refused to collaborate with police.

Could A Duck Boat Accident Happen in Boston?

After such a disastrous duck boat accident happened in Philadelphia, a Boston personal injury attorney has to ask, "Can a duck boat accident happen in the Hub?" According to WCVB Boston, Boston has 28 duck boats in operation. This makes Boston's Hub home to the largest duck boat tour company in the nation.

In fact, NECN reports that it is Beantown that made duck boats famous. Some duck boats only go into the Charles River while other larger hydra terra style boats can go out into Boston Harbor. The duck boats have been operating in Boston for 16 years already.

While the General Manager of Boston Duck Tours claims that the Hub is one of the safest waterways because it is a calm and protected waterway, the safety of duck boats is something that a Boston personal injury lawyer may question. While the GM may assure tourists that the duck boats are thoroughly inspected, facts behind the crash this week indicates that inspections may not tell the whole story.

Michelle Gedman Sentenced To 1-3 Years After Embezzling Employer

According to the Boston Herald, Michelle Gedman, a former employee of A.A. Zamarro Associates Inc., pled guilty to four counts of larceny of more than $250 by a single scheme. She had stolen $184,000. After she pled guilty in Worcester Superior Court, she was sentenced to one to three years in prison.

She was also ordered by the court to pay full restitution to her former employer and was given 15 years of probation. The Boston Herald reports that she stole the money from her former employer in order to pay for her pain killers addiction.

Bicyclist Dina Dececca Killed In Vineyard Haven Crash

The Vineyard Gazette reports that Dina Dececca, 40, was struck and killed by a tractor trailer in Vineyard Haven on Tuesday afternoon. The accident occurred at State Road in Vineyard Haven near Camp Street, just past the Martha's Vineyard Savings Bank.

She was riding with a group of nine cyclists when a tractor trailer that was driving in the same direction attempted to pass the group. As the truck was passing, Ms. Dececca lost control of her bike and fell directly underneath the truck. She was immediately killed from the impact.

Silvia DeSilva Considers Filing Malpractice Suit Over MRI Agents

Silvia DeSilva is a patient that was given routine MRI scans in the Women's Hospital in Boston and King Edward VII Hospital Memorial Hospital. However, those routine scans done back in 2007 gave way to a rare and fatal disease. The Royal Gazette reported that Ms. DeSilva now suffers from Nephrogenic Systemic Fibrosis  (NSF).

According to the FDA, there are patients who may develop NSF from use of Gadolinium-Based Contrast Agents. These agents are used as a dye in order to provide contrast for a patient's veins and arteries in an MRI. The FDA has stated that the patients that are at risk for developing NSF from the agents are patients with purportedly moderate renal insufficiency. What does that mean? It means that a patient with kidney problems should be aware of the risks of taking Gadolinium based contrast agents.

Recall On Lexus Vehicles Due To Engine Defect

Toyota has announced that there is a recall on Lexus and Crown vehicles on July 5. The Boston Herald reports that this is a global Lexus recall over an engine defect. The recall will affect 138,000 cars in the United States alone.

While no accidents or injuries due to this engine defect have been reported, there have been approximately 220 complaints. A  Boston personal injury lawyer can tell you that if a car is unsafe, it can have devastating consequences. According to FindLaw, car crashes are the number one killer of people under the age of 34.

Nail Gun Accident In Boston Highlights Work Risks

WCVB Boston reports that a worker at a construction site in Waltham suffered from nail gun wounds to the chest. The injured construction worker attempted to go to the hospital with another worker, but ultimately needed an ambulance at Newton Street.

The construction worker was taken to Beth Israel Deaconess Hospital. According to police, he was conscious and is expected to recover from the injury.

A Boston personal injury attorney knows that typically a nail gun accident occurs on the job at construction sites. According to the Centers for Disease Control and Prevention, pneumatic nail guns are a common work tool for construction sites because of its speed, user friendliness, and the fact that it is easily available.

Olympic Gold Medalist Jenny Thompson Attacked

The Boston Herald reports that Jenny Thompson, an eight time Olympic gold medalist in swimming, was attacked in Brookline. The athlete claims that she was punched in the face by two people who tried to steal her scooter.

The swimmer said she was riding her scooter in Brookline when a car pulled up with its headlights off. Then two people got out of the car, pushed her to the ground, and then punched her. This was all in an attempt to steal her scooter. Jenny Thompson was able to hold on to her scooter and call for help. The batterers fled the scene by foot.