Cape Cod Personal Injury Lawyer

Car Accidents and Solicitation

Bruce Bierhans — Wed, 07 May 2008 15:18:09 GMT

You would think the summer was already here. Every day, The Log in the Cape Cod Times lists three or four serious local car accidents involving everything from drunk drivers and cars crashing into homes. Unfortunately, fatalities and serious injuries from car accidents has become a seasonal Cape Cod occurence.

When these newspaper articles go into the newspaper, something else happens. Lawyers that wouldn't know the inside of a courtroom if they fell into it, send letters out to accident victims soliciting their business. While this may be legal (if done properly and the letter does not take advantage of an individual not capable of making an informed decision), it is certainly offensive. Most responsible attorneys would not even consider engaging in such behavior. Many of the attorneys that send out these letters are merely "marketers" that send the cases to other "real" attorneys on referral.

Our office has "real" attorneys that actually handle our clients' cases and personally respond to their telephone calls and emails. When and if cases don't settle, we will go to trial if that is what's in the best interest of our client.

Don't be fooled by the lawyer "direct mail solicitors". When you require representation, retain a firm that will give you and your case the personal attention that you deserve.

Originally posted at InjuryBoard by Bruce Bierhans

Lasik and the Patients Right to Know

Bruce Bierhans — Sat, 26 Apr 2008 11:30:11 GMT

In the summer of 2001, I tried a landmark case in Worcester, Massachusetts. I represented the family of a young man with hemophilia that died from receiving clotting concentrate infected with the HIV in the early 1980s. The tragedy of the 10,000 hemophiliacs that died unnecessarily has , to this day, still not been adequately reported.

In any event, we tried the case on a theory that sounds simple, but was aggressively opposed by the defendants and the medical community. We argued that, even though research regarding AIDS was not completed, that the medical community still had a responsibility to inform the families of children receiving clotting concentrate of the potential risk of AIDS. Although we could not prove what lot of concentrate killed our client, the jury found one defendant physician negligent for failing to adequately disclose known risks. I would certainly feel honored if this case, on which I worked for 6 years, turned out to be my legacy.

However, today we now read that the FDA is beginning to look into the "risks" associated with Lasik surgery. This, after a decade of patients/victims suffering from life altering side effects, including worse vision, dry eye, pain, glare and others. One law school student, Colin Dorrian, committed suicide last year after suffering from a deep depression associated with his eye pain.

Does anyone think, or believe, that these conditions and risks were not known ten years ago. Of course they were. Interestingly, a well known oncologist that I recently worked with on a cancer diagnosis case told me he wouldn't have Lasik surgery if they did it for free. He also would not allow anyone in his family to have the surgery. Unfortunately, the FDA investigation comes years too late for many patients that have suffered permanent damage.

Someday, the medical community and the FDA will learn that patients have the right to know. It is the patients right to have the information required to make an "informed decision" about whether or not to take a medication or have a procedure. In the 1980s it was AIDS. Today you can pick a medication. Did the patient know about all the risks before a medication was prescribed or a procedure was recommended? Did the FDA have all the information that should have been provided by the manufacturer? Simple but essential questions.

In 2001, my jury in Worcester said the patient had a right to know. Hopefully, juries will continue to make this important statement.

Originally posted at InjuryBoard by Bruce Bierhans

Predatory Lending/The Worst "Personal" Injury

Bruce Bierhans — Sun, 06 Apr 2008 15:19:56 GMT

What's worse than losing your home? Not much. Unfortunately, we are seeing many people in our office confronting this nightmare scenario.

You've all seen the statistics. Foreclosures at record levels; mortgage companies going under; trillions sucked out of the international economy. Doesn't make the homeowner confronting foreclosure feel any better, does it?

Our office has been involved in litigation which has successfully kept people in their homes where they were the victims ot unscrupulous brokers or lenders. It's not always easy and we must be able to show that there has been fraud in the transaction or a violation of state or federal law. So far, we have been able to obtain injunctive relief where fraud has been found, and have also counseled many people in working with their lenders to do "short sales" or "short refinances". In these scenarios, lenders will accept less that the full amount of principal to allow a sale or refinance to occur.

What has occured in the subprime catastrophe as the result of greed and deceptive behavior should not be altogether surprising. There is always someone waiting around the next corner trying to scam the public. This scam was on a massive scale with international consequences. However, we stand prepared to help people that are having their American Dream taken away from them.

Originally posted at InjuryBoard by Bruce Bierhans

Tanker Explosion Badly Burns Trucker

Jenny Albano — Fri, 28 Mar 2008 23:35:42 GMT

On Friday, March 28, a tanker exploded and shut down Interstate 91 in Chicopee. The driver of the tanker became badly burned after being trapped inside the truck during and after the explosion. Over a dozen drivers stopped their vehicles to try and free the man from the wreckage but were stopped by the flames.

The driver was finally rescued and taken to a local hospital. The driver suffered third-degree burns over most of his body. The accident occurred after Victor Aponte got onto the highway and lost control of his car, which hit another car. Then Aponte's car hit the tanker which veered off the road and hit a guardrail and sign post. The trailer separated from the tanker, rolled over the guardrail and down the embankment as the cab and trailer exploded.

Meanwhile, Aponte's car was hit from behind by another car. Aponte's passenger Louisa Fonseca, 43, of Holyoke, was taken to a local hospital with minor injuries. No other injuries were reported. The driver works for Abenaqui Carriers of North Hampton, N.H. The tanker was carrying 9,500 gallons of gasoline and 1,000 gallons of diesel fuel, the company said in a statement. A spokesman for Abenaqui said he did not know the driver's condition.

Because of the crash diesel fuel spilled on the highway, but apparently the accident occurred in an isolated area so homes and businesses should not be affected. The fire that was caused by the accident burned for more than 90 minutes and the smoke could be seen for miles.

Originally posted at InjuryBoard by Jenny Albano

Yet Another ATV Accident

Bruce Bierhans — Mon, 24 Mar 2008 14:08:30 GMT

On Saturday night, a twelve year old boy sustained serious injuries in an accident involving an ATVin Harwich.

For years, consumer groups have sought further regulation of these vehicles because of their weight, design flaws...and their propensity to cause serious injuries, including head injuries, in adolescent males. In the Harwich case, the Cape Cod Times reported that several witnesses fled the scene and "removed the two ATVs" involved in the accident. Clearly, this may also illustrate the other problem with ATVs...which is the carelessness or recklessness often associated with operating these vehicles. Why did all the witnesses allegedly "flee" the scene? Curious.
We have 26 years of experience in representing individuals involved in motor vehicle accidents, or those injured by other defective products, and are available to answer all of your questions.

Originally posted at InjuryBoard by Bruce Bierhans

Fatal Train Crash Caused by Human Error

Jenny Albano — Wed, 19 Mar 2008 22:22:44 GMT

A crash that occurred last year was found to be caused by human error and failure to follow safety procedures by the National Transportation Safety Board. The collision of a commuter train and a maintenance truck took the lives of two track workers in Woburn.

The crash occurred on Jan. 9, 2007, when the engineer of southbound Massachusetts Bay Transit Authority Train 322 received a clear signal as he passed a curve in the tracks at 62 miles per hour, officials said. When the engineer saw the track maintenance vehicle, officials said, he slammed on the breaks and hit the truck at 44 miles per hour, killing James Zipps, the track engineer, and maintenance worker Christopher Macaulay. Maintenance workers John Hickey and Edwin Olson were seriously injured.

Investigators found that the train dispatcher failed to provide proper signaling because he had removed the block on the track segment where the crew was working, which means that it is clear for the train to enter the tracks. They also found that the track foreman did not apply a shunting device to the tracks, which would have kept the signals red regardless of the dispatcher's actions. In addition to this, investigators found that the track engineer that died in the collision tested positive for marijuana.

The report from the investigation recommended that all railroads check their train-dispensing systems to make sure they are safe and should add signal protection to stop similar train accidents from occurring. The NTSB also wants to broaden requirements for employee drug testing and promote prevention of alcohol and drugs.

Originally posted at InjuryBoard by Jenny Albano

Are you an injured "Faker"

Bruce Bierhans — Wed, 05 Mar 2008 13:47:28 GMT

Please see the blog on our Southeastern Massachusetts site about the new "Fake Bad Scale" now being used by insurance companies to defeat or diminish injured victims claims.

Originally posted at InjuryBoard by Bruce Bierhans

Cell Phones and Driving

Bruce Bierhans — Mon, 11 Feb 2008 14:58:41 GMT

See the entry on Cell Phones and Driving in my Southeastern Massachusetts blog.

Bruce A. Bierhans

Originally posted at InjuryBoard by Bruce Bierhans

Teenage Boy Killed in Somerset Crash

Jenny Albano — Sun, 10 Feb 2008 18:44:33 GMT

An 18 year-old from Fall River was killed in a car accident on Saturday, February 9. Corey Leite was driving the car when he hit a tree and utility pole and was pronounced dead at Charlton Memorial Hospital at 10:39 P.M.

One passenger in the 1983 Ford Mustang suffered minor injury, while two others were unhurt in the crash shortly after 10 p.m. The Mustang crashed through the fence of a residence and crossed the lawn, before striking the tree and pole on Durfee Court.

Police were told by witnesses that another vehicle may have been involved in the crash; a blue, older model Mitsubishi Eclipse. The witnesses stated that the Eclipse cut off the Mustang, then after the crash the Eclipse stopped, returned to the scene, and then left the area.

Police sent out a broadcast to all patrol cars to look for the blue Eclipse, which was last seen traveling north on Riverside Avenue. So far, the car has not been located.

The car accident is being investigated by Officer Keith Wilkinson and with a state police accident reconstruction team.

Originally posted at InjuryBoard by Jenny Albano

Snow and Soft Tissue Injuries

Bruce Bierhans — Wed, 16 Jan 2008 14:56:28 GMT

It's that time of year on Cape Cod. You're stopped at a red light and your car gets hit in the rear end by another vehicle.

Your car has some damage, but it's minimal. You get out of the vehicle a bit stunned, but tell everyone you feel ok. Two days later, your lower back and/or neck hurt and you feel fatigued with a mild headache. Sound familiar?

You likely have what is known in our profession as a "soft tissue" injury. Notwithstanding the defense counsels dreaded use of the "W" word; a whiplash type injury is nothing to make light of. Depending upon your age and physical condition, the stretching or tearing of muscles that result in a sot tissue injury can take months or years to resolve, even with treatment from physical therapists, chiropractors, or other health care professionals. You are entitled to a full and fair recovery for these injuries.

Our office has 26 years of experience in representing victims of car accidents , or their family members, where the injuries have ranged from the soft tissue type to death. Although many of these cases settle; if your case does not, we have the trial experience to make sure that you get the best possible result.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Bruce Bierhans