On behalf of Colucci, Colucci, Marcus & Flavin, P.C. posted in Car Accidents on Thursday, May 17, 2012
People who have been hurt by the negligent or intentional wrongful conduct of a corporation often seek damages for pain and suffering. These are called punitive damages, and are separate from "actual damages" which are calculated from the costs of the injury itself such as medical expenses and property damage. Punitive damages are meant to compensate victims for the immeasurable damage done by the negligence, and often serve as a deterrent to future negligent actions by the company.
However, this process becomes more complicated when the injury was caused by a company that is no longer in existence or that has declared bankruptcy sometime after the injury occurred. This means that for many potential plaintiffs around the country seeking damages from General Motors, which declared bankruptcy in 2009, will be much more difficult if not impossible.
On behalf of Colucci, Colucci, Marcus & Flavin, P.C. posted in Car Accidents on Tuesday, May 15, 2012
Automakers are always striving for the perfect combination of safety, fuel efficiency, style, and price. For many Massachusetts car buyers, safety is factoring more heavily than other qualities, especially for families with children or teenagers that are learning to drive. To that end, many consumer groups and other organizations perform rigorous tests on new model cars to help buyers determine the best choice for safety.
The Insurance Institute for Highway Safety has recently released its top choices for the year, which is a high honor for the models that achieved top ratings. The standards for IIHS ratings are considered more rigorous than federal safety requirements, so the vehicles that were chosen exceed industry standards. The IIHS look carefully at what happens when a car rolls over, testing both general rollover safety and examining roof strength, requiring that cars be able to withstand four times their own weight in pressure.
On behalf of Colucci, Colucci, Marcus & Flavin, P.C. posted in Products Liability on Friday, May 11, 2012
Officials at the U.S. Consumer Product Safety Commission have issued a recall of a pool slide called the Bonzai Splash. The product was sold in Walmart stores and in Toys R Us locations all over the country between 2005 and 2009.
The slide is dangerous because it apparently deflates during use, causing some people to hit their heads on the ground or side of the pool. There have been several known cases of injuries and one death reported as a result of the defect. Authorities are advising consumers to stop using the slide immediately and return it to the store where they bought it.
On behalf of Colucci, Colucci, Marcus & Flavin, P.C. posted in Car Accidents on Tuesday, May 8, 2012
If you know that your friend is behind the wheel, should you still send them a text? What if you do send the text and they get into a car accident while reading and responding, are you partly responsible for the crash? This is the issue in a case recently brought by a couple who was injured by a distracted driver.
The two people were seriously injured in a 2009 car accident after a driver took his eyes off of the road to read a text message and swerved into their motorcycle. One victim lost both of his legs and the other lost one of her legs in the accident. Their lawsuit names the woman who sent the text message to her friend while he was driving, saying that she contributed to his negligence and should also be liable for the injuries.
On behalf of Colucci, Colucci, Marcus & Flavin, P.C. posted in Nursing Home Neglect on Friday, May 4, 2012
In our last post, we discussed a recent investigation by the Boston Globe into nursing home medication practices. The issue has garnered national attention since the dangerous side effects of improper prescribing practices came to light earlier this year.
In particular, the use of antipsychotic medications on patients with dementia has produced concerning side effects and sometimes caused fatalities. This practice may give rise to nursing home negligence or malpractice claims for injured patients. Yet, Massachusetts nursing homes administer these drugs to a higher percentage of patients than the national average.
On behalf of Colucci, Colucci, Marcus & Flavin, P.C. posted in Nursing Home Neglect on Tuesday, May 1, 2012
Admitting a parent or other loved one to a nursing home is a difficult decision for any family. People often do painstaking research to find the best facility that is nearby so that their loved one will get high quality care and be available for visits. Recently, information has come out that indicates that nursing homes in Boston and all over the country have been engaging in some risky behavior in administering drugs to patients. There has been particular concern over the widespread practice of prescribing anti-psychotic drugs to many patients for uses that are "off-label" according to FDA guidelines.
The Boston Globe recently obtained a large amount of information on this issue through a Freedom of Information Act request. The findings from that information are the subject of ongoing controversy over nursing home neglect and malpractice, which we will cover over several posts on this blog.
On behalf of Colucci, Colucci, Marcus & Flavin, P.C. posted in Products Liability on Friday, April 27, 2012
Fire officials say that an effective alarm system was one of the major factors in preventing injuries earlier this week in a six-alarm apartment fire. 32 families have been displaced by the blaze, which authorities say started in the attic. The fire apparently completely destroyed that portion of the building and fire officials say that everyone is fortunate to have gotten out quickly.
There is no evidence of any suspicious activity surrounding the fire. It began during the day when everyone who was home was also awake and able to react to the alarms. Effective smoke detector and alarm systems are one of the most important elements in fire safety in any situation. Early detection and warning can also help prevent property damage and loss of personal belongings.
On behalf of Colucci, Colucci, Marcus & Flavin, P.C. posted in Car Accidents on Tuesday, April 24, 2012
Although the two-wheeled "personal transporters" may be the subject of some jokes, the level of injury they can cause is anything but funny. The motorized scooter-like vehicles can reach significant speeds and are often used by tourists or other inexperienced riders, leading to injuries that a 2012 study called "severe trauma."
Yet, the law surrounding Segway ridership is surprisingly unformed. Like other consumer goods, Segways accidents may be covered under products liability, but only in the case that the vehicle malfunctions. Liability for accidents involving Segways could also be handled in the same way as other motor vehicle accidents, through personal insurance.
On behalf of Colucci, Colucci, Marcus & Flavin, P.C. posted in Products Liability on Thursday, April 19, 2012
Recent problems with several different models of heart defibrillators have led regulators and safety advocates to question the level of accountability in the medical device industry. Specifically, it seems that device makers receive reports of patient fatalities that are likely linked to a specific defect, but they fail to warn doctors or the public about the risk.
One of the ways that individuals seek to hold device makers accountable is through a products liability lawsuit. However, these lawsuits only compensate those who are aware of the problem and took action to sue. This still leaves many unsuspecting patients to suffer the consequences of a dangerous product.
On behalf of Colucci, Colucci, Marcus & Flavin, P.C. posted in Car Accidents on Monday, April 16, 2012
A federal investigation continues into an alleged defect in BMW 7-series cars. Complaints have been coming in to the National Highway Traffic Safety Administration about problems with the transmission of the luxury cars. So far, about 50 complaints have been received and regulators have found that 16 car accidents were caused by transmission problems in that model car. Only 5 injuries have been reported in these accidents.
The cars have not been recalled yet, but regulators are analyzing engineering issues to determine whether or not a recall would be appropriate. The investigation includes model years 2002 through 2008, resulting in a total of about 122,000 affected vehicles.
