Miscellaneous | InjuryBoard Boston

Last month, the Consumer Product Safety Commission (CPSC) recalled Walmart's Baby Cookie Monster Toys. The plush Sesame Street character came with a small cookie attached to its hand.The CPSC determined that the cookie could be easily removed by a small child and the cookie stuffed by the child into his mouth creating a choking hazard. Fortunately, the federal safety agency discovered this...

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"Tort Reform" is the rallying cry of a multitude of business and insurance groups who claim that our personal injury ("tort") system causes everything from physician shortages to competitive disadvantage in the global economy. The subtle message is that personal injury lawsuits are motivated by greed, and that injured plaintiffs and their lawyers are perpetrators of social harm. That message is...

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A Massachusetts Superior Court judge ruled that a doctor negligently failing to advise his patient, may be liable to a person injured by the patient. Judge Peter W. Agnes, Jr., denied the defendant doctor's motion for summary judgment in the case of a motorcyclist seriously injured by a driver whose diabetes medication made him lose consciousness.Judge Agnes ruled that the plaintiff produced...

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One of the most emotionally difficult cases I ever handled was on behalf of the parents of a little girl who drowned in a neighbor's swimming pool. The tragedy seemed to happen in an instant but the impact on two families will last a lifetime. Swimming pools are dangerous. Whether they are in homes or commercial settings, any property owner with a pool must be safety conscious and must exercise...

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The answer to the question, "when should I call a lawyer after I've had an accident?" is almost always, "right away." Contacting an attorney as soon as possible after an accident or possible medical negligence, can increase the odds of a good result if the facts warrant filing a lawsuit.In a highway accident case, for example, it is important for your attorney or his investigator to interview...

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Massachusetts law requires insurance companies to make "prompt, fair and equitable settlements of claims in which liability has become reasonably clear." M.G.L. c. 176D, §3(f). An insurer's failure to do so is an unfair trade practice, theoretically exposing the insurer to double or treble damages plus the plaintiff's attorneys fees. It is also an unfair insurance practice for an insurer to...

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On on September 22, 2006, Playskool of Pawtucket, Rhode Island, recalled more than 250,000 Team Talkin' Tool Bench toys, according to the Consumer Product Safety Commission. Two children, a 19 month boy from West Virginia and a 2 year old boy from Texas, died when they choked on large plastic nails sold with the tool bench.The Playskool toy tool bench had been sold since last October in stores...

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This Monday, July 17, 2006, Ken Suggs, ATLA President, officers, the ATLA Board of Governors and ATLA membership will vote on whether to change the name of ATLA. ATLA, an organization in which I have actively participated for nearly a decade, is a very influential with members of Congress and the Judiciary. For years and from behind the scenes, ATLA has fought for people's rights. The...

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The Food and Drug Adminstration announced a recall of the the power packs used in D-TRON Insulin pumps. The pumps, used for mechanical supplementation of insulin in patients (usually diabetics) apparently contain a redesigned battery, which has caused problems with the pump. It is unclear whether the battery was redesigned and manufatured by the pump manufacturer itself or whether a third...

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Reuters reports a defense verdict in a trial involving Vioxx. According to the report, the seven member jury found adequate warnings provided to the prescribing physician--but inadequate warnings to the plaintiff. Ultimately, it seems, the jury found that the plaintiff--68 years old--would have suffered a heart attack with or without Vioxx.

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I attended an association strategy session today where we discussed membership and trends among various age groups. Naturally the ideas surrounding membership may be applied to jurors. According to the research group--Consensus Management Group of New York--generations vary significantly from pre-1945 persons up through the present. It was shown that pre-1945 (born before 1945) persons are...

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A heart attack that is caused by a suddent lack of blood to the heart--a myocardial infarction--results when one or more of the heart's blood pathways (coronary arteries) become clogged or "occluded." [1] The most common cause of cononary artery occlusion is when blood cells clot together and get stuck in the artery. [2] These clots are called "thrombi." [3] As when water is unable to drain...

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I read a post by an unnamed first year associate titled "Complaining About Those Who Falsely Blame Lawyers." The post responds to office-sized billboard by a so-called "Institute for Legal Reform" asking passerbys to, "Please Don't Feed The Trial Lawyers." What is amazing to me is that the President of the Institute for Legal Reform, Lisa A. Rickard, is Lisa A. Rickard, Esq. She's a lawyer. ...

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In April of 2002, SC Johnson announced a recall of 2.5 Million of its Glade® Extra Outlet Scented Oil Air Fresheners, because the products posed a risk of fire. The air fresheners were sold between January 2002 and April 2002. SC Johnson stated in a press release that the "Glade Plugins® products are safe and will not cause fires." While the press release is undated, as stated in the...

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Boston is one of many international trade ports in the United States. Senator Joe Biden discusses the importance of increasing port security and funding a relatively fail safe port screening with pre-existing "Star Wars" budgets. The Star Wars defense system (brainstormed during the Reagan Administration) absorbs about $8 Billion a year in federal funding and is intended to defend against...

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