Cape Cod Injury Lawyer Blog

Snow and Ice Accumulation Create Dangers on Massachusetts Roadways

November 28, 2015 | by John S. Moffa

New England is no stranger to severe winters that bring several feet of snow in one storm. For many Massachusetts residents, this poses serious problems when it comes to handling our daily chores and getting to work on time. As the snow piles up on the roadways and is removed to the roadside, it can narrow the number of lanes available for travel, making it hard to see roadway obstructions, pedestrians, and traffic signals and signs.

It also wreaks havoc on the roadways, leading to a rise in motor vehicle accidents during the storm season and winter months. Although some dangers cannot be avoided on the road during this particularly challenging time of year, there is one simple thing motorists can do to help minimize the risk of accidents: clean the snow and ice off windshields, sideview mirrors, and windows.

FDA Issues Another Warning Letter to Bard Over Defective IVC Device

November 25, 2015 | by John S. Moffa

Although medical technology has worked wonders when it comes to helping us heal certain ailments or cope with other conditions, some medical products turn out to cause far more harm than good. Medical device maker Bard recently came under scrutiny after reports surfaced that its inferior vena cava (IVC) filters pose significant risks to patients. A few months ago, the FDA issued another warning letter to Bard, informing it of several violations associated with the IVC devices.

The filters were originally developed to help patients facing a high risk of pulmonary embolisms, which can lead to death if not treated properly. One of the most common treatments for pulmonary embolism sufferers is anti-coagulant medications, which prevent the blood from becoming too thick and coagulating. Some patients, however, are unable to take these blood thinning medications for a variety of reasons.

Zofran Product Liability Claims Involving Birth Defects Centralized in Massachusetts Federal Court

November 23, 2015 | by John S. Moffa

Numerous plaintiffs from across the country have initiated lawsuits against drug manufacturer GlaxoSmithKline, LLC, alleging that its drug Zofran caused a host of birth defects like cleft palate, club foot, and heart defects. During the early 1990s, the company received approval for the drug from the United States Food and Drug Administration (“FDA”) for the limited purposes of treating vomiting and nausea in patients undergoing surgery and chemotherapy.

IKEA’s Dressers Identified as Hazardous to Children, Linked to At Least Two Deaths

November 20, 2015 | by John S. Moffa

IKEA, a Swedish-based home retail service providing a line of affordable furniture and home goods, has found itself in hot water over claims indicating that the company’s dressers and other furniture units pose serious dangers to children. Roughly 27 million units sold at IKEA’s stores and through the website have been identified as posing tip-over risks to children if the furniture is not securely anchored to a wall.

Two specific reports filed with IKEA profiled separate tragic and devastating cases in which a child died as a result of a MALM style dresser tipping over and falling on or trapping the child. In one of the cases, a mother found her two-year-old son in his room trapped between an IKEA MALM style dresser that had tipped over and his bed. The toddler’s face was blue, indicating that the dresser may have prevented him from breathing and resulted in suffocation.

Additionally, both IKEA and the United States Product Safety Commission (“CPSC”) have received nearly 15 reports profiling tip-over accidents involving the specific line of IKEA furniture. Four of the incidents involved extensive injuries.

Massachusetts Appeals Court Overturns Dismissal of Complaint Seeking Arbitration of UM Benefits Claim

November 8, 2015 | by John S. Moffa

One of the most common issues that arises in a car accident case is a dispute between the injured victim and the responsible driver’s insurance company. In many instances, the defendant’s insurer will try to avoid paying benefits to the injured plaintiff, causing many headaches for everyone involved.

Although you’d think the injured party’s own insurance company would have a better track record when it comes to cooperation, in many instances that is not the case. In Regis v. Progressive Insurance Company, the plaintiff made a claim under his own insurance policy seeking benefit payments pursuant to the uninsured motorist coverage included within. The plaintiff and his insurance company were unable to reach an agreement, and the plaintiff filed suit requesting the court to order his insurer into arbitration.

Massachusetts Appellate Court Reverses Zero Damages Award in Car Accident Case

November 1, 2015 | by John S. Moffa

In the recent case of Rose v. Farina, a Massachusetts Court of Appeals was presented with the question of whether a jury was inconsistent in the way that it answered three targeted questions presented to them in a motor vehicle accident case. The facts of the case are as follows. During 2007, the plaintiff and the defendant were involved in a car accident resulting in severe injuries to the plaintiff. In his lawsuit, the plaintiff contended that the defendant was at fault for the accident and responsible for his injuries. During the trial, the defendant offered evidence indicating that the plaintiff’s injuries were preexisting and not a result of the car accident. The trial also included expert witness testimony regarding the plaintiff’s injuries.

At the close of trial, the jury was tasked with addressing three specific questions: do you find the defendant negligent, was the defendant’s negligence the proximate cause of the plaintiff’s injuries, and how much money would adequately and fairly compensate the plaintiff for the injuries and damages he sustained due to the defendant’s negligence.

Drugged Driving is on the Rise and Just as Dangerous as Drunk Driving

October 28, 2015 | by John S. Moffa

Many people are familiar with the concept of driving while drunk, which is commonly referred to as driving under the influence. In Massachusetts, however, the technical name for this offense is operating a motor vehicle under the influence of drugs or alcohol. This important distinction is intended to cover those drivers who are under the influence of substances other than alcohol and who pose a threat to other motorists and pedestrians.

In a recent article from CNN, the number of reported incidences of motorists driving under the influence of marijuana is increasing. According to nationwide statistics, incidences of so-called “drugged” driving have risen from 12 percent in 2007 to 15 percent in 2014. These statistics were compiled by the National Highway Traffic Safety information service based on voluntary roadside surveys, which involve the volunteers contributing saliva or blood samples on the roadside.

Massachusetts Court Rules Personal Injury Protection Benefits Determination Includes Exams by Physical Therapists

October 26, 2015 | by John S. Moffa

Massachusetts is one of 17 states that require motorists to obtain Personal Injury Protection (PIP) coverage as part of their auto insurance coverage policies. The benefits provided under PIP are called no-fault insurance coverage, meaning that you have a right to make a claim with your insurer to receive PIP benefits after you have been involved in an accident, whether or not you were at fault. Many injured motorists file a claim for PIP benefits to cover their medical expenses following a collision, which can become incredibly expensive.

In the recent case of Ortiz v. Examworks, Inc., the plaintiff suffered injuries as a passenger in a vehicle. The owner of the vehicle owned an insurance policy through Progressive Insurance. The injured passenger filed a claim with the insurance company, seeking payment of PIP benefits. According to Massachusetts law, whenever a claimant seeks payment of PIP benefits, the claimant must undergo an examination by an independent medical examiner. Accordingly, the insurance company contacted the defendant driver’s insurer to arrange for an independent medical examination, or IME. The defendant’s insurance company arranged the appointment with a physical therapist instead of a medical doctor.

Criminal Charges Filed Against General Motors for Failure to Disclose Product Defects

October 24, 2015 | by John S. Moffa

In August 2015, the U.S. National Highway Traffic Safety Administration (NHTSA) levied its largest fine to date against Fiat Chrysler for the car company’s failure to fix unsafe automobiles according to the U.S. Motor Vehicle Safety Act. Pursuant to the court’s order, Fiat Chrysler’s civil penalties totaled roughly $105 million. Until the order was entered, the largest NHTSA fine assessed belonged to Honda, doled out a few months earlier, in the amount of $70 million.

Now, another major car manufacturer is finding itself in hot water over criminal charges. In a recent press release, the U.S. Department of Justice (DOJ) announced that it is pursuing criminal charges against General Motors (GM), alleging that the Detroit-based manufacturer concealed a potentially deadly safety defect from NHTSA beginning in the spring of 2012 and continuing through February 2015. The DOJ also claims that, as a result of the deceptive act, consumers were misled regarding the purported safety of some of GM’s vehicles.

Massachusetts Appellate Court Holds Produce Company Immune From Negligence Suit by Temp Worker

October 22, 2015 | by John S. Moffa

There are many issues that arise in the workers’ compensation field. One of the most common issues to arise in the beginning of a workers’ compensation claim is whether the injured worker was an employee of the company or employer named in the claim or lawsuit.

In a recent case, the Appeals Court of Massachusetts determined whether an “alternate employer endorsement” in a staffing business’ workers’ compensation policy provided an employer with immunity from liability for injuries sustained by one of the employer’s workers during the course and scope of employment. In Molina v. State Garden, Inc., a worker was assigned through a staffing agency to work at a produce processing facility. While working there, the worker suffered injuries to his back and filed a workers’ compensation claim seeking benefits.