Massachusetts Personal Injury Blog

Cape Cod Motor Vehicle Accidents Continue

Bruce Bierhans — Thu, 04 Sep 2008 14:17:53 GMT

Unfortunately, the annual Labor Day tourist exodus did not bring a halt to Cape Cod motor vehicle accidents.

The Cape Cod Times reported today that a three vehicle accident occurred yesterday afternoon in Eastham on Rte.6. According to reports, one vehicle failed to stay in marked lanes, resulting in the three vehicle collision. Of the five injured, two were from Warrensburg, NY and three were local residents.

As always; even after Labor Day, caution and diligent observation for the "other guy" on Cape roads is essential.

Originally posted at InjuryBoard by Bruce Bierhans

Cape Cod Volunteers and Gustav

Bruce Bierhans — Wed, 03 Sep 2008 16:10:15 GMT

The Cape Cod Times reported today that a number of Cape residents are traveling to Texas to assist with Gustav relief efforts.

Rebecca Alden, Chris Watson, Ted Smith and Rose Brooks are all Red Cross volunteers helping with the largest Red Cross relief mobilization since Hurricane Katrina.

We should all commend our fellow Cape Codders on their efforts and contribute to the marvelous disaster relief services provided by the Red Cross.

Originally posted at InjuryBoard by Bruce Bierhans

Small Businesses Can Be Victims

Bruce Bierhans — Wed, 03 Sep 2008 15:55:47 GMT

Throughout the years, our firm has acted as counsel to hundreds of small business. We have also represented many small businesses in a variety of disputes ranging from those involving contracts, employment issues, franchises, patents and trademarks and many others.

Often, business advocay groups such as the US Chamber of Commerce, champion a variety of causes behind the clarion call of "tort reform." What these organizations fail to recognize is that, quite frequently, small business owners require representation and protection by the very same trial lawyers that are criticized and demonized by the supposed advocay groups.

My practice most often involves protecting the "little guy" from the "big guy". This includes businesspeople that are often preyed upon by their larger competitors. Whether it be an unscrupulous lender, a dictatorial franchisor that violates its' franchise agreement, or a larger business trying to eliminate a smaller competitor; trial lawyers are there to advocate for the small businessperson...the true backbone of our national economy.

Originally posted at InjuryBoard by Bruce Bierhans

Infant Stroller Toys Recalled for Choking Hazard

Chrissie Cole — Thu, 28 Aug 2008 07:01:00 GMT

Habermaass Corp Inc., in cooperation with the U.S. Product Safety Commission (CPSC), is voluntarily recalling infant rattles, pacifier holders, wooden puzzles and stroller toys due to a choking hazard to infants.

The recalled toys contain small pieces including glued prisms and/or mirrors that can detach posing a choking hazard to infants. The head on the ladybug puzzle piece also poses a choking hazard to infants.

To date, the company has received 15 reports of pieces detaching from the toys and children putting them in their mouths.

A complete list of recalled HABA toys can be found on the CPSC website.

Consumers are advised to take the recalled rattles, toys pacifier holders, stroller toys and puzzles away from children immediately and to contact Habermaass to receive a refund or a free replacement toy.

Consumer Contact Information: For additional information, contact Habermaass Corp. at (800) 468-6873 ext. 107 between 8 a.m. and 5 p.m. ET Monday through Friday, or visit the firm's Web site at www.HABAusa.com/safety.

Originally posted at InjuryBoard by Chrissie Cole

Public Employees and Accountability

Bruce Bierhans — Sat, 23 Aug 2008 10:16:33 GMT

Our office recently took on the representation of a Harwich High School student that sustained serious injuries during an unchaperoned event that took place on high school property. A claim has been made against the town based upon our allegation of negligence on the part of school officials.

Today, in the Cape Cod Times, there is an editorial commenting on the payments of $10,000,00 each by the state and town arising out of alleged negligence of public officials in the Station Nightclub fire. The editorial, quite correctly, reminds us that we rely on the competency of our public officials; both elected and appointed.

When these public officials fail us, and injury results, our system of "accountability" applies to them, as well as to those in the private sector. Without accountability and adherence to the rule of law, we have no direction, and anarchy and confusion is the result. That's when people become injured victims. The CCTimes also correctly questioned whether or not there was "a lack of will to enforce the rules" in the Station case. If so, it resulted in the death or serious injury of 300 people.

Originally posted at InjuryBoard by Bruce Bierhans

Three Killed in Massachusetts Car Accident

Chrissie Cole — Mon, 18 Aug 2008 06:47:00 GMT

Three people are dead following a deadly multiple-car accident in Massachusetts, near the state border of Connecticut.

Four vehicles traveling on Route-8 were involved in a head-on collision, in Sandisfield, at the Colebrook Reservoir entrance, according to Massachusetts State Police. One vehicle had a New York license plate; while the other three vehicles involved in the collision had Connecticut license plates.

Two drivers from Waterbury, Connecticut, one from Thomaston Connecticut and one passenger from Thomaston, Connecticut were killed in the crash and dead at the scene.

The other two drivers involved in the accident did not suffer injuries in the crash, according to Massachusetts police.

Emergency crews and police were present at the scene and Connecticut police are also helping aid the investigation to determine a cause of the crash.

Originally posted at InjuryBoard by Chrissie Cole

Know Your Chiropractors Technique

Bruce Bierhans — Sat, 16 Aug 2008 17:46:09 GMT

Our office has seen a number of recent cases involving serious injuries received as the result of chiropractic treatment. These involve stroke, paralysis of a lung and acute disc herniation.

Let me first say that I am a believer in chiropractic treatment. I use it myself and have many clients that have great success with responsible chiropractic care. But...(isn't there always a but), some chiropractors use different techniques and some are more dangerous than others.

The injuries we have seen all result from the technique using "rotational force". Most people would know this from the cervical maneuver where the chiropractor twisted and "cracked my neck." This maneuver, if not done properly, can damage or dissect (tear) both arteries and nerves in the neck.

My chiropractor, and many others today, use a more passive approach where joints are manipulated in a passive, and safer, fashion. The risk of injury is substantially diminished.

Know as much as you can about your chiropractor. Professional qualifications, years of experience, technique used, etc. Ask questions. What is being done and why? What are the risks. You are your own best and first line of defense.

Originally posted at InjuryBoard by Bruce Bierhans

Boston Scientific Recalls NexStents for Defect

Chrissie Cole — Thu, 14 Aug 2008 12:17:00 GMT

Boston Scientific announced a Class I recall of about 2,200 NextStents due to a defect that can cause part of the devices to break off during surgery.

The devices are used in patients to treat blockage in the carotid artery, known as carotid artery disease. The device is specifically used in a procedure called carotid artery stenting (CAS), in which the physician places the self expanding stent into the artery to keep it open and to help prevent future narrowing of the artery.

The following NexStents distributed worldwide to hospitals between Jun2007 and May 2008 are included in the recall:

Boston Scientific NexStent Monorail, NexStent Carotid Stent and Monorail Delivery System. Material Number (UPN) M001553030, Catalog Number 55-303.

[OUS Material Number (UPN) M001553000, Catalog Number 55-300]

Please Note: this recall does not involve NexStents that have already been implanted.

Originally posted at InjuryBoard by Chrissie Cole

Law and the Theater/"Gloves Off "in Truro

Bruce Bierhans — Sat, 02 Aug 2008 20:29:07 GMT

I firmly believe that good trial lawyers must have a "release" of sorts to cope with the stress of the job. My three are the ocean, exercise and the theater. After a brief career as an actor in the late 60s and early 70s, I returned to the stage last summer.

This summer, during the month of August, I'm recreating the role of cornerman "Angel" in Kevin Rices' Payomet production of "Gloves Off", a high energy romp set in a boxing ring depicting the 1960s literary fued between Russian author Vladimir Nabokov (author of "Lolita") and Wellfleetian and New Yorker critic, Edmund Wilson. We did this show last summer at WHAT Wellfleet Harbor Actors Theater) in a 4 night run and it won numerous accolades and awards. It's creative, thoughtful and a hell of a lot of fun.

We run Sunday through Tuesdays nights all month, with an additional Saturday performance on August, 23. Hope to see my friends and clients there!

Originally posted at InjuryBoard by Bruce Bierhans

Mass SJC Allows "Loss of Chance" Recovery

Bruce Bierhans — Fri, 01 Aug 2008 15:24:31 GMT

In a spectacular decision this week affirming victims rights, the Massachusetts Supreme Judicial Court ruled that damages are recoverable where a physicians negligence reduced the decedents chance of survival from a better than even chance to less than even.

Until this decision, it has been unsettled in Massachusetts whether or not a patient could recover where the negligence of the physician contributed to a loss of life expectancy that was less than 50%. For example, if a failure to diagnose breast cancer resulted in a decreased chance of survival of 20% (i.e from 60%-40%), it was argued that there should be no recovery. The decision in the Matsuyama case confirms that a loss of chance of less that 50% is still meaningful to the individual confronted with that loss of chance and that compensation should be awarded.

For those of us that try cancer misdiagnosis cases, this decision was long awaited. The court wrote that "Where a physicians negligence reduces or eliminates the patients prospects for achieving a more favorable outcome, the physician has harmed the patient and is liable for damages."

Originally posted at InjuryBoard by Bruce Bierhans