Monthly Archives: January 2010

January 31, 2010

Report: Laws Banning Cell Phone Use While Driving Doesn’t Lower Accident Rates

Orin Kerr, at the libertarian legal blog The Volokh Conspiracy, points to a new study claiming that laws prohibiting cell phone use while driving have not succeeded in reducing car crashes. Kerr seems to suggest that, in light of the study’s data, such laws should be repealed. It seems to me that the data, if [...]

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Posted in Car Accident, Car Crash, Motorcycle Accidents, Truck Accidents

January 29, 2010

Federal Law Now Prohibits Truckers From Driving While Texting

In a move that the Department of Transportation should have made long ago, a new regulation will prohibit truckers from driving while texting. The move follows on the heels of President Obama’s October executive order prohibiting federal employees from texting while driving. As the satirical newspaper The Onion jokes, the text messaging ban might be [...]

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Posted in Truck Accidents

January 28, 2010

USA Today Article On Nursing Home Quality

USA Today ran a great article yesterday on nursing home quality. Their investigation found, somewhat surprisingly, that nonprofit nursing homes provide better care than for-profit homes. So, nursing home care seems to be one of those few areas in life where you don’t necessarily get what you pay for. Upon reflection, the results aren’t so [...]

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Posted in Nursing Home Abuse, Nursing Home Neglect

January 26, 2010

Baby Stroller Recall: Important News for Massachusetts Parents

As this Times article details, Graco Children’s Product, Inc. has recalled 1.5 million of its baby strollers because defective hinges on the stroller can amputate children’s fingers. The defective strollers were sold in Massachusetts stores including Walmart, Babies R Us, Toys R Us, and Target between 2004 and 2008. The strollers affected by the recall [...]

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Posted in Dangerous and Defective Products, Injuries To Minors, Product Recall, Products Liability

January 25, 2010

Medical Malpractice Involving Radiation Overdose: A Troubling Phenomenon

Yesterday’s New York Times carried an eight-page story entitled “Radiation Offers New Cures, and Ways to Do Harm,” dealing with a surprisingly prevalent form of medical malpractice: radiation overdose. The story – detailing the progression of radiation poisoning – is as gruesome to read as John Hershey’s Hiroshima, but there are some important takeaways for [...]

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Posted in Dangerous and Defective Products, Medical Malpractice, Products Liability

January 21, 2010

Lawyers In Massachusetts And Elsewhere Ponder Whether Football Helmets Cause Head Injuries: Part II

Assuming that the modern-day football helmets effectively prevent against the most serious head injuries – such as fractured skulls – but are ineffective in preventing other sorts of head injuries would Massachusetts product liability law regard the typical football helmet as a dangerous or defective product? That’s a good question and there’s really no clear [...]

Posted by Alan H. Crede | Permalink | Email This Post

Posted in Brain Injury, Dangerous and Defective Products, Head Injuries, Products Liability, Sports Injuries

January 20, 2010

Lawyers In Massachusetts And Elsewhere Ponder Whether Football Helmets Cause Head Injuries: Part I

In November, a Wall Street Journal article asked, “Is It Time to Retire the Football Helmet?” At the beginning of this month, Representative John Conyers (D-MI), of the House Judiciary Committee, held the second part of a hearing on whether football gear is causing brain injuries. As football fans in Massachusetts and throughout New England [...]

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Posted in Brain Injury, Dangerous and Defective Products, Head Injuries, Products Liability, Sports Injuries

January 20, 2010

Reglan And Tardive Dyskenesia

You have probably seen a lot of ads on TV about the link between Reglan, a prescription drug used to treat heartburn and other gastrointestinal disorders and a disorder known as tardive dyskenesia. The FDA recently required the makers of Reglan and other drugs containing the compound metoclopramide to include a warning advising patients about [...]

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Posted in Dangerous and Defective Products

January 19, 2010

Massachusetts’ Largest Medical Malpractice Verdict of 2009 Was Turned Down By Massachusetts Lawyers

This week’s Massachusetts Lawyers’ Weekly newspaper features a story about Massachusetts’ biggest medical malpractice verdict of 2009: a $15 million dollar verdict awarded to the parents of a three year old boy who died from complications from a heart surgery. As sad as this tragedy is, someone might see it as just another large medical [...]

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Posted in Injuries To Minors, Medical Malpractice, Wrongful Death

January 15, 2010

South Shore Mother Whose Daughter Was Overserved Alcohol Files Wrongful Death Lawsuit: Part II

In yesterday’s blog post, we discussed why the estate of Taylor Meyer might be able to prevail in its wrongful death claim, or at least why the case might be able to reach a favorable settlement. In today’s post we will discuss some of the challenges that the Meyer estate will face under Massachusetts law. [...]

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Posted in Dram Shop Liability, Injuries To Minors, Liquor Liability, Wrongful Death