Boston Personal Injury Lawyer Blog

The family of former New England Patriots player Junior Seau has decided to allow researchers to study his brain to see if there is any evidence of Chronic Traumatic Encephalopathy according to the LA Times. Seau committed suicide last Wednesday even though he showed no signs of having depression.

Chronic Traumatic Encephalopathy (CTE) is a brain disease that is associated with people who have had repetitive brain trauma, such as multiple concussions. It is a disease that has been link with depression and cognitive defects. People who suffer from CTE often show signs of dementia, such as aggressive behavior, confusion, and memory loss.

Seau's suicide was a shock to family members since he had no outward signs of depression. The signs of CTE are hard to diagnose and often mistaken for something else. In order to diagnose, brain imaging must be done on a patient and even then it is hard to tell the severity of the condition. A true diagnosis can be obtained by a brain biopsy, which has high risks including death. Often CTE is only diagnosed in an autopsy.

Experts say that more research has to be done to be able to determine the extent in which concussions lead to permanent brain injuries and how that can cause mental disorders later on.

Continue reading "FORMER NEW ENGLAND PATRIOTS PLAYER'S BRAIN TO BE DONATED FOR RESEARCH ON BRAIN INJURIES" »

On April 30, 2012, drugwatch.com reported that Congress is moving legislation that will make some changes to how medical devices are approved for U.S. consumers. The HELP legislation includes amendments that are related to the U.S. Food and Drug Administration (FDA). Two of these amendments are looking out for consumer safety.

Massachusetts Representative Ed Markey wanted the FDA to have the ability to reject applications for devices based on previously approved and then later recalled products. The 510(k) process allows for the FDA to omit clinical trials of products.

Representative Ed Markey proposed this legislation because of the many reported complications from the transvaginal surgical mesh implants that were used to correct Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence (SUI). The transvaginal mesh implants were approved through the 510(k) process and many of the implants were approved based on a recalled in 1999 mesh implant from Boston Scientific.

Another large class action that would be affected by this legislation is the Depuy ASR hip implants that were recalled in August of 2010. A new law would help to prevent use of faulty products in the future.

Continue reading "MASSACHUSETTS REPRESENTATIVE SEEKS NEW LAW TO PROTECT CONSUMERS FROM FAULTY PRODUCTS" »

Today, a Memorial was held in front of the State House in Boston, Massachusetts to remember the lives of 58 workers who died on the job in Massachusetts in 2011. Not only were those killed on the job remembered but many who were injured and became ill on the job due to unsafe or unhealthy work conditions.

The names of all 58 men and women who were killed on the job were read before a crowd of about 200 people followed by a moment of silence. Occupations of those who died differed from drivers, social workers, firefighters and construction workers among many others. It was also estimated that 580 workers died from an occupational disease.

One of the bills was to end temp worker abuse with the Temp Worker right to Know Bill, which requires employers to provide some basic information about a job and increases oversight by state enforcement agencies.

Another issue is safe alternatives to toxic chemicals which promotes safer, feasible alternative to toxic chemicals that are used in the workplace which is An Act for a Competitive Economy Through Safer Alternatives to Toxic Chemicals (SB397, H1136). Another bill is putting a stop to workplace violence. This includes Stephanie's Law (S2006). Also, increasing the workers compensation benefits for the burial of a loved one from $4,000 to $8,000 (HB 1406).

Continue reading "WORKERS MEMORIAL DAY PROVES NEED FOR STRONGER WORKER SAFETY LAWS" »

The commonly used antidepressant drug Celexa (citalopram hydrobromide) which is also available in a generic form can could abnormal heart rhythms in its users. The FDA has clarified the dosage and warning recommendations for Celexa which is used as an antidepressant. Celexa is also known to cause birth defects if taken by pregnant women.

Back in August of 2011, the FDA issued a warning for consumers and doctors that citalopram should not be used in doses higher than 40mg per day. If more than 40mg per day are taken of citalopram, it could cause issues with the heart. It is possible for the drug to cause dangerous abnormalities in the electrical activity of the heart.

Citalopram is discouraged for anyone who has certain conditions because of the risk of QT prolongation. However, it is important for some patients to use citalopram, therefore the drug label has been changed to warn patients of the caution that should be used when citalopram is given to these patients. The revision also states lower doses should be used by patients over 60 years of age.

Continue reading "COMMON ANTIDEPRESSANT CELEXA COULD CAUSE ABNORMAL HEART RHYTHMS" »

The dangers of losing an arm, leg, hearing, or even death are an every day danger in the life of those in the military. A Traumatic Brain Injury or TBI is usually the last thing a soldier worries about.

Recently, a soldier has been suspected in killing villagers in Afghanistan possibly due to post-traumatic stress disorder. Some say that this could also be due to a brain injury. While there is no evidence that a brain injury caused this kind of behavior in a solider, it is no secret that some war veterans' concussions are sometimes overlooked.
War Veterans often don't realize that they had a brain injury. Headaches, dizzy spells, persistent ringing in the ears, and numbness in limbs are often thought to be caused by fatigue or dehydration and ignored by soldiers. Often soldiers keep working through the discomfort.

A story about a young soldier who served as a gunner for a year outside Baghdad beginning in March 2004 proves the persistence of these soldiers. About 3 years after coming home, he struggled with being able to unscramble his memory and thoughts. He would often get lost even with directions. He had to write down all appointments but still forgets some. He wore a hearing aid, could not bear sunlight in his eyes and still had nightmares.

Many veterans who come from Iraq and Afghanistan are retuning with mild traumatic brain injuries or concussions caused by powerful explosions. According to a pentagon estimate as many as 300,000, or 20 percent, of combat veterans who regularly worked outside or away from bases, have suffered at least one concussion. About half of those get better within hours, days or several months and require little if any medical assistance but there are tens of thousands of others that have long term problems such as memory loss, headaches, mood swings, dizziness, hearing problems and light sensitivity. However these symptoms may not occur for weeks, months or even years.

Continue reading "SOLDIERS TRAUMATIC BRAIN INJURIES OFTEN IGNORED" »

St. Patrick's Day is a day where the Irish and Irish at heart like to celebrate. Many cities and towns throughout New England will be holding celebrations whether they are a festival or parade. Here in Boston there are many different ways to celebrate. The band Dropkick Murphy's will be playing at the House of Blues for their annual St. Patrick's Day Concert, many restaurants will be serving corned beef and cabbage and fish and chips, the St. Patrick's Day Celebration outside Faneuil Hall complete with the Bay State Pipers and Irish Step dancing and of course you can always walk the Irish Heritage Trail, which is the Irish version of the Freedom Trail here in Boston.

But the most well known St. Patrick's Day celebration is the parade in South Boston which will take place Sunday, March 18, 2012 at 1pm. The parade heads East to West on Broadway where young and old can enjoy Irish themed festivities together.

If you are planning to make this a family affair, it is important to remember some safety tips before heading out to any parade.

Continue reading "SAFETY FIRST FOR ST. PATRICK'S DAY CELEBRATIONS" »

Playing a sport is dangerous. There are many different kinds of injuries you can sustain such as hamstring and ankle sprains, groin pulls, shin splints and torn ACL but few think of traumatic brain injuries as sports injury.

Recently, former NFL players are claiming the National Football League failed to protect the players from risks associated with concussions. Many players are filing a lawsuit against the NFL saying they suffer from mental and physical problems due to concussions sustained while playing professional football.

Several other similar suits have already been filed in Philadelphia saying the NFL failed to inform players of the long-term risks and actually encouraged players to continue to play through their head injuries.

The lawsuit states that the NFL ignored the risks of concussions for years "despite overwhelming medical evidence that on-field concussions led directly to brain injuries and frequently had tragic repercussions for retired players."

The lawsuit also says that "wanting their players on the field instead of training tables, and in an attempt to protect a multibillion dollar business, the NFL has purposefully attempted to obfuscate the issue and has repeatedly refuted the connection between concussions and brain injury to the disgust of Congress, which has blasted the NFL's handling of the issue on multiple occasions. "

The NFL has ignored for many years medical evidence that connects Chronic Traumatic Encephalopathy, (CTE) which is a progressive degenerative disease often found in people who have suffered from multiple concussions or head injuries, to NFL players. T he head trauma triggers progressive degeneration of the brain tissue, including the build-up of an abnormal protein called tau. People who suffer from CTE may show symptoms of dementia such as memory loss, aggression, confusion and depression. The symptoms may appear within months of the trauma or many decades later.

Continue reading "FORMER NFL PLAYERS SUE OVER CONCUSSION RELATED BRAIN INJURIES AND CONDITIONS" »

An investigation by the CBS News Investigation Team has found that doctors who settle malpractice lawsuits are not being held accountable by the Massachusetts state board. The state board's job is to investigate medical malpractice claims and settlements and decide appropriate disciplinary action to protect the public from substandard medical treatment. The CBS investigation researched 16,000 doctors and found 654 of them have settled one or more malpractice claims in the last decade. Out of those, only 6 doctors -- less than 1 percent -- have been disciplined by the state board. Further, 14 doctors have settled 3 or more malpractice claims in the last 10 years and none them have been disciplined.

A radiologist from Fall River failed to diagnosis breast cancer as well as caused a woman to suffer permanent paralysis after he failed to notice her spine was fractured, both of these malpractice claims were settled with no consequential disciplinary action. An obstetrician from Fall River has settled four malpractice claims and has also never been disciplined. A delivery room doctor at Mt. Auburn did not order a C-section of a baby, prolonging the delivery and ending with the baby not breathing and suffering permanent brain damage. This doctor has had 3 malpractice settlements in the last 10 years and has yet to be disciplined.

The state board explains its inaction by stating that malpractice suits are not proof of substandard care, it's an allegation and since most cases (96% of cases) are settled that there is no determination of wrongdoing or not.

Continue reading "MASSACHUSETTS STATE BOARD NOT DISCIPLINING DOCTORS AFTER MEDICAL MALPRACTICE LAWSUITS" »

Many women throughout Massachusetts use birth control pills as their main form of birth control. Not even a month after Pfizer put out a recall on seven lots of birth control, Glenmark Generics has put out a recall on several lots of its birth control pills. In some packages, the pills are in the wrong order. Glenmark Generics is a company based in India. The pills that were affected by this mistake were distributed between September 21, 2011 and December 30, 2011. The company did not say how many pills or packages of pills are being recalled. The ingredients of the pills are norgestimate and ethinyl estradiol.

In these affected packages of birth control, when the blisters of pills are rotated some of the pills may not be in the proper order. This may cause the pills to be in the incorrect sequence and cause users to take the wrong pill. This problem also caused the lot number and expiration dates harder to see on the package. This recall applies only to packages that the lot numbers and expiration date are not visible.

Glenmark's birth control pills contain three different medications that are taken one a day for a week. Taking the pills out of order may cause them not to work properly and put women at risk for unwanted pregnancies. The pills are intended to be taken in a specific order. There are seven off-white pills, seven light blue pills, seven blue pills, followed by seven green placebo pills.

Continue reading "ANOTHER BIRTH CONTROL RECALL PUTS MORE WOMEN AT RISK" »

Teenage drinking has become a huge problem within Massachusetts and across the country. According to Mothers Against Drunk Driving (MADD), one in five teens binge drink while only 1 in 100 parents believes his or her teen binge drinks. In a 2009 survey called the Youth Risk Behavior Survey, high school student were surveyed about the past 30 days. 42% of teenagers surveyed drank some amount of alcohol while 24% binge drank. 10% of the teenagers surveyed drove after drinking alcohol and 28% rode with a driver who had been drinking alcohol.

The Supreme Judicial Court of Massachusetts ruled today in a case that involved a 16 year old girl who was seriously injured in a car accident after leaving a party where there was consumption of alcohol with her boyfriend in 2007. The party was hosted by a 19 year old. However, the 19 year old host did not supply the alcohol. The alcohol was brought by the boyfriend who was also the driver of the vehicle.

The court rejected the request to expand the social host liability laws of the state. The request was to create "duty of care" to any underage host of a party who does not supply the alcohol but instead supplies a place for those underage to drink alcohol. The court determined that a social host is only liable if the host serves or control the supply of alcohol. The Supreme Court ruled "that teenagers who host underage drinking parties but do not supply alcohol cannot be held civilly liable if one of their guests gets hurts". This ruling also states that a teenage host is not responsible even if they are aware of underage drinking. The only exception to this ruling is if the part host supplied or controlled the alcohol.

Continue reading "MASSACHUSETTS SUPREME COURT RULES TEENS NOT RESPONSIBLE UNDER SOCIAL HOST LAW" »

Massachusetts General Hospital and Beth Israel Deaconess Medical Center who are both affiliated with Harvard Medical School; and Boston Medical Center, which is affiliated with Boston University, are all some of the most well known Boston hospitals. Sick and injured people go to these hospitals all the time expecting the best care.

According to data evaluated by the Medicare program, these hospitals were among hospitals all over the country to have a higher number of complications than an average hospital. However some of the leaders of these hospitals question the accuracy and fairness of the data and claim that the data does not take into account how severely ill their patients are.

This data was created as a series of efforts by the government to judge and pay hospitals for the quality of care. The administration thinks that adding financial incentives into Medicare, which is the largest insurer in the nation, will make entice hospital to lower costs and improve care.

Many of the hospitals listed as having the highest complications say that the complications of the hospitals are exaggerated by the number of complicated cases or very sick patients. The data shows the highest rate of complications comes from elderly patients.

Teaching hospitals are listed to be about 10 times more likely than average hospitals to have a large amount of complications. The statistics also show that 3 out of the 10 major teaching hospitals, including some of the biggest institutions in Boston, to have a higher rate of serious complications among elderly.

Continue reading "MASSACHUSETTS TEACHING HOSPITALS RANK LOW FOR SAFETY ACCORDING TO MEDICARE " »

February 5-11 is Burn Awareness Week in Massachusetts. According to State Fire Marshall Stephen D. Coan, it gives us an opportunity to be reminded to take simple safety measures to prevent burn injuries.

According to a report by the Massachusetts Burn Injury Reporting System, scalds from cooking liquids, grease, hot liquids, tap water, food and steam account for 41 percent of 535 burns reported in 2010.

Children under the age of 5 are four and a half times more likely to suffer from a burn injury. Hot liquids caused 79 percent of burns in children under the age of 5. Scalds are the leading cause of burn injuries every year.

A recall on Tassimo coffee makers was recently released due to the risk of burns. More than a million Tassimo coffee makers have been recalled after dozens or reports of the brewers spraying hot liquid, coffee grounds and tea leaves.

According to the Consumer Product Safety Commission, there have been 140 reports of problems with the single cup brewers. These reports included 37 involving second degree burns.

The Tassimo coffee maker has a plastic disc that holds the coffee or tea called a "T-disc". The T-Disc in the device can burst while brewing.

Consumer Product Safety Commission also announced a recall on 4 million Tassimo espresso T-Discs after having 21 reports of problems with the products.

Continue reading "COFFEE MAKER RECALLED DUE TO BURN RISK DURING MASSACHUSETTS BURN AWARENESS WEEK" »

Plastic surgery procedures rates are growing rapidly each year in the United States. From 2009-2010 t there was a 9% increase in procedures and in 2010 there were 1.6 million procedures alone in one year; Breast augmentation being the number one cosmetic procedure. Many patients look meticulously to find a doctor that can fit their needs, but not everyone is aware of the different types of plastic surgery certification.

To become an official board certified plastic surgeon, doctors must go through a residency that is five to six years in both general surgery and plastic surgery. They must also pass a six hour written exam with 400 questions and a two-day oral exam focused on their recent cases and some unknown ones meant to test judgment.

But there is another type of "plastic surgery certification" that doctors can obtain by taking a two day workshop, with 5 to 6 "live demonstrations" of the procedure. This option is made available to doctors who already have a primary doctor's license but want to have "supplement" income by adding plastic surgery to their services.

Continue reading "PLASTIC SURGEONS URGE THE PUBLIC TO BE AWARE OF DIFFERENCES IN CERTIFICATION" »

Massachusetts residents and visitors enjoy skiing and snowboarding as part of their winter recreation. According to the National Ski Area Association, skiing and snowboarding are in fact less dangerous the most common activities, as well as most high energy sports. However, both skiing and snowboarding require skills that are acquired over time and are still very challenging even to an expert skier.

Accidents that can result in some very serious injuries such as fractures, concussions, head injuries and even death can occur due to inadequate maintenance of slopes and common ski resort areas, not receiving proper instruction, issues with faulty equipment, and most commonly collisions with other skiers or snowboarders.

Despite obvious dangers of being in a skiing or snowboarding accident, skiing and snowboarding still prove to be a common winter recreation. In 2008, a reported 10 million people participated in skiing or snowboarding.

During the course of the 2009/10 season, 38 people died while skiing or snowboarding. To put this number is perspective, in 2008, 39,000 Americans that died in motor-vehicle accidents and 6,162 pedestrians were killed. Serious injuries, such as paralysis and serious head injuries are slightly more likely than fatal ski accidents. In the 2009/10 season, 39 serious injuries had occurred.

In order to prevent a serious injury or even death, it is important for skiers and snowboarders to remember to wear a helmet. Skiers and snowboarders have recently shown that they understand the importance of helmets to help save them. In the 2009-201/10 season, 57 percent of skiers and snowboarders wore helmets while on the slopes. That is a 19 percent increase from 2008-2009. Parents are making sure their children are safe with 87 percent of children aged 9 or younger wearing helmets and 75 percent of children 10-14 years old wearing helmets.

A nine year old boy was recently hospitalized on January 29, 2012 due to a ski accident at Nashoba Valley in Westford, Massachusetts. The young boy was skiing behind his father when he went off course and crashed. He was found by another skier who reported to the ski patrol. Ski patrol found the boy unconscious in the woods. The boy was wearing a helmet at the time of the accident.

Continue reading "USE CAUTION WHILE ENJOYING MASSACHUSETTS SLOPES" »

Cruises have always been a popular and easy way for families to vacation and spend time together. But as cruises are becoming more popular, so have lawsuits against some cruise lines. Cruise lines have been all over the news after the luxury Costa Concordia capsized off the coast of Italy, resulting in 11 people dying and 29 still missing. 70 passengers have already formed a class action lawsuit hoping to get at least $10,000 Euros a person, analysts estimate the cost of claims to end up being around $500 million.

Last week a Celebrity Cruise was forced to turn back around to South Carolina during a trip to the Caribbean after over 400 passengers were contaminated with the Norovirus, that causes nausea and vomiting and in serious cases severe dehydration and even death.

Last year in May, a lawsuit was filed against Celebrity Cruises after a father of eight, from Orleans, Massachusetts died after contracting Norovirus. His family claims he did not receive the correct medical attention and died as a result of Celebrity Cruise Lines negligence.

Continue reading "KNOW YOUR RIGHTS BEFORE YOU CRUISE" »