Cape Cod Personal Injury Lawyer - Wrongful Death

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

Nursing Homes and Caregivers

Bruce Bierhans — Sun, 06 Jan 2008 11:43:34 GMT

A client comes into the office and says, "my 85 year old mother just died in the nursing home after falling out of her wheelchair 7 times."

We hear this horrible story, and others like it, all the time. Residents die from infected bedsores. Residents that are clearly patients "at risk for falls" never have fall risk assesments and die after repeated falls. After falls, broken bones are neglected. Home care givers are hired by home care agencies that never check into qualifications and don't perform backround checks on caregivers. Residents are assaulted and their personal belongings are stolen.

Before you admit a parent to a nursing home or retain a home care service, do your homework. Check with the state licensing agency to see it the entity has a history of complaints or has been investigated. Visit the facility and look around for cleanliness and observe the care given to residents. Ask the entity what is done to assure that it's employees are well trained and qualified. These are all imporatnt and essential inquiries. Of course, if the worst occurs and a relative is poorly treated and suffers injury, we are there to seek justice on your behalf.

For more information on this subject, please refer to the section on Nursing Home and Elder Abuse.

Originally posted at InjuryBoard by Bruce Bierhans

Turnpike wants Documents Sealed in Wrongful Death Lawsuit

Christina Cole — Sun, 25 Mar 2007 03:20:31 GMT

The Massachusetts Turnpike Authority, citing concern for the public's safety, has asked a state judge to seal documents in the wrongful death suit filed by the family of a Jamaica Plain woman that was killed in July when the Interstate 90 connector tunnel ceiling collapsed.

Lawyers for the Turnpike Authority argue the Homeland Security Act allows the agency to withhold certain formation that could potentially threaten transportation safety. With over 3,000 boxes of paperwork, it would be near impossible for the authority to determine which documents could be a security risk.

The authority is requesting all records remain confidential. This move is being opposed by the victim's family whom is suing the agency and several Big Dig Contractors.

The Attorney General's office is trying to keep documents private. It filed emergency motions in Suffolk Superior Court this week seeking to postpone the disclosure of documents and other evidence to lawyers for the Del Valle family for six months, while a grand jury continues an investigation into whether the death warrants manslaughter charges.

While the state's public records law calls for the release of most government documents, statutes have been amended since the terrorist attacks of Sept. 11, 2001, to exempt records such as blueprints, schematic drawings, and other plans that could expose security weaknesses or divulge emergency-preparedness measures.

Under the Homeland Security Act of 2002, the Turnpike Authority can withhold certain "security sensitive information," as previously approved by the Federal Highway Administration, said the lawyer handling the case for Del Valle's estate. However, it is the authority's responsibility to review documents and to determine whether to seek confidentiality protection for additional documents, rather than throwing "a blanket of confidentiality over all its public documents," said Henry.

Originally posted at InjuryBoard by Christina Cole

Wife Ordered to Pay $3.75 Million over Husband's Death

Christina Cole — Sun, 04 Feb 2007 00:34:34 GMT

A woman that killed her cheating husband by running him down with her car in a jealous rage was ordered to pay $3.75 million to her in-laws on Friday.

A jury awarded the sum in a wrongful-death lawsuit filed against Clara Harris.

Harris repeatedly ran over her orthodontist husband with her car in 2002 in the parking lot of a hotel after finding him there with his receptionist/mistress. Harris was convicted of murder in 2003 and sentenced to 20 years in prison.

Originally posted at InjuryBoard by Christina Cole

Woman Files Wrongful Death Suit Against JetBlue Airways

Christina Cole — Mon, 01 Jan 2007 01:59:45 GMT

A woman has filed a wrongful death lawsuit against JetBlue Airways Corp., claiming the air carrier ignored her husband as he suffered a fatal heart attack during a flight two years ago.

On February 16, 2005, Robert Fossett Jr., was a passenger on the Boston-bound JetBlue Flight, when another passenger witnessed him go into "cardiac distress" and tried to alert the flight crew, according to court papers.

Karen Fossett, in her suit, filed Friday in U.S.District Court in Boston claims that "After the plane had landed, JetBlue's employees and agents determined Mr. Fossett was unresponsive, but nonetheless fully deplaned the aircraft before providing assistance, calling for help or attemption to resusciatate him.

JetBlue's legal department had not seen the complaint as of Thursday, said Jenny Dervin, spokeswoman for JetBlue. "We are unable to comment on pending litigation matters," Dervin stated.

JetBlue employees either failed to help Fossett or failed to arrange for others to help him, including having an ambulance waiting at Logan International Airport, the lawsuit says.
Only after other passengers were tended to and sent on their way did JetBlue try to resuscitate Fossett with oxygen and "some form of CPR," according to the complaint. Only after those measures failed did the flight crew alert Logan's emergency services personnel, the suit alleges.
Fossett was taken to Massachusetts General Hospital where he was pronounced dead.

The suit, alleges JetBlue of negligence and of causing Fossett conscious pain and suffering. The suit does not however, name any individual flight crew members.

Originally posted at InjuryBoard by Christina Cole