Stoughton / Canton Area Personal Injury Lawyer

The Financial Scams and Indictments Keep Coming!

Bruce Bierhans — Fri, 27 Jun 2008 15:05:42 GMT

Today, The Massachusetts AG, Martha Coakley indicted a number of individuals in yet another mortgage scam scheme. Apparently, these individuals, employees of a number of banks, engaged in "income falsification" to procure loans for people that did not otherwise qualify.

On the same day, a piece in the Wall Street journal dealt with claims by the Mass. Secy of State, William Galvin, and his allegations that brokers dumped bad Auction Rate Securities (ARSs) on their unknowing investors.

Our office has been actively involved in handling cases in both of these areas for some time. We have litigated Predatory Lending Cases and presently have submitted consumer protection demands on behalf of clients that were victimized by brokers selling them ARS investments with the promise that they were "liquid" and "as good as cash."

There seems to be no end to the scams. However, at least law enforcement officials are beginning to take steps in the criminal arena to hold these firms and individuals responsible for the damage they have caused to our economy and to individual homeowners and investors.

Originally posted at InjuryBoard by Bruce Bierhans

Stanley Furniture Cribs Recalled for Entrapment Hazard

Chrissie Cole — Thu, 26 Jun 2008 16:09:00 GMT

Stanley Furniture, in cooperation with the CPSC, announced a voluntary recall of its nature Built to Grow Cribs due to an entrapment hazard.

The cribs fail to meet federal safety standards for crib dimensions. When the mattress support is in the middle setting, the spacing between the mattress and crib creates a gap of space that could pose a potential entrapment hazard to infants.

The crib recall involves the full size 2nd Nature Built to Grow cribs, model number 353-14-220. Model and serial numbers are located on the headboard. The crib is natural maple in color. Only the following serial numbers are included in the recall: 353-14-220-L-01, 353-14-220-L-02, 353-14-220-L-03, 353-14-220-L-04, 353-14-220-L-05, 353-14-220-L-06, 353-14-220-L-07, 353-14-220-L-08, 353-14-220-L-101, and 353-14-220-L-103.

Consumers are advised to stop using the crib on the middle setting and to adjust to the low or high setting. Consumers who have a recalled crib should contact Stanley Furniture for a free replacement crib headboard.

For additional information, contact Stanley Furniture toll-free at (888) 839-6822 between 8 a.m. and 5 p.m. ET Monday through Friday, or visit the firm's Web site at www.youngamerica.com.

Originally posted at InjuryBoard by Chrissie Cole

FDA Sends Warning Letters To Stop Selling Fake Cancer 'Cures'

Chrissie Cole — Tue, 17 Jun 2008 15:22:00 GMT

The U.S. Food and Drug Administration (FDA) have sent warning letters to 23 U.S. companies and two foreign companies marketing products that fraudulently claim to prevent and cure cancer.

The FDA advises consumers against purchasing or consuming products which include: teas, tonics, tablets and creams and that are sold under various different names on the Internet.

A complete list of fake cancer cure products and manufacturers along with a consumer safety article can be found on the FDA's website.

"Although promotions of bogus cancer 'cures' have always been a problem, the Internet has provided a mechanism for them to flourish," said Margaret O'K. Glavin, the FDA's associate commissioner for regulatory affairs. "These warning letters are an important step to ensure that consumers do not become the victim of false 'cures' that may cause greater harm to their health."

Consumers are urged to consult their doctor before discontinuing use of the products and to seek medical attention if they experience any adverse health effects associated with use.

Because the products claim to cure, treat and prevent disease, these products have not been shown to be safe and effective for their labeled use and they are unapproved drugs marketed in violation of the Federal Food, Drug and Cosmetics Act.

Originally posted at InjuryBoard by Chrissie Cole

We Must Never Forget Bill Modestino and the 10,000 Hemophiliacs

Bruce Bierhans — Sun, 15 Jun 2008 09:40:29 GMT

In the past week, two men passed away; Doctor Oscar Ratnoff and Jonathan Wadleigh. Their deaths may have gone unnoticed by a large segment of the population. However, they were both men whose lives were marked by their roles in perhaps the most significant pharmaceutical/medical scandal in our countrys history; the death of 10,000 hemophiliacs from HIV infected blood clotting products. Their deaths also reminded me of other individuals that played a significant role in my life anda case I tried in 2001 arising out of this story; Bill Modestino and his parents, Bill and Brenda; Doctor Geni Bennetts; Doctor Don Francis and Doctor Marcus Conant.

Doctor Ratnoff was a physician in Cleveland that took most of his hemophiliac patients off of clotting concentrate in the early 80s when the risk of HIV infection of the factor concentrate became apparent. He was criticized by his colleagues for this action. At the time, factor concentrate was a billion dollar a year business and most of his colleagues continued to prescribe the products, many without ever advising their patients, or the patients parents, of the risk of death. When I interviewed him while researching my case, and asked him how he felt about being told he was wrong, he responded "Well Mr. Bierhans, I wasn't wrong, was I".

Jonathan Wadleigh was a co founder of a group known as the Committee of ten Thousand. As his obituary noted, he was an advocate for those "who faced death through infection by blood products."

Which brings me to Bill Modestino and the other names above. In 2001 I tried a case in Worcester on which I had worked for 5 years. Bill Modestino Jr, was just one hemophiliac that died in his early 30s after waging a courageous fight against AIDS. His parents, Bill and Brenda,were committed to telling the story of their son (and in reality, the entire 10,000), regardless of the outcome. The challenges in even getting the case to trial were many. However, perseverence prevailed and wewent to trial. The story would now be told.

Our theory was a simple one. We argued that in the early 80s, particularly after 1982, there was enough information about the risk of HIV infection available to hemophiliac treaters to warrant that physicians had an obligation to inform their patients of the risk and of alternative treatments. Doctors Francis and Conant (see the fantastic Randy Shilts book "And the Band Played On") agreed to testify in Worcester and help us tell the story. Doctor Bennetts was another hemophiliac treater in California that had taken most of her patients off of clotting concentrate because of the risks. Doctor Bennetts courageously agreed to testify that she believed that she believed that the standard of care had been violated by most of her colleagues when they continued to prescribe the products in the 80s.

After a two week trial in May and June of 2001, the jury returned two verdicts against one physician, finding that she breached the standard of care by failing to inform Bill and his family of the risks of death by AIDS in continuing to prescribe factor concentrate. However, because we could not isolate the actual lot of concentrate that killed Bill, we could not prove the doctor actually caused the death, and no money was awarded. It mattered not to Bill and Brenda. As I sat disconsolate outside the courthouse after the verdict, Bill and Brenda were elated. The story had been told and there had been two verdicts supporting our theory. Bill Jr. had not died for nothing. To the best of my knowledge, this is the only jury verdict of it's kind in a medical negligence case arising out of this scandal.

To this day, Bill and Brenda have been like family to me and we always get together on the anniversary of the verdict. Helping them and trying this case made me a humbler lawyer and a better person. They truly enriched my life. However, as the deaths of Oscar Ratnoff and Jonathan Wadleigh bring this tragedy back into the news this week, we must be reminded of and pay tribute to the 10,000 hemophiliac children, brothers, husbands and fathers that died of AIDS. As our courts now consider whether or not to "immunize" drug companies with the doctrine of FDA Preemption, let us remember those 10,000. If we forget them, it may be the biggest scandal of all.

Originally posted at InjuryBoard by Bruce Bierhans

Illinois Man Killed in Accident on Massachusetts Turnpike

Chrissie Cole — Tue, 10 Jun 2008 16:37:00 GMT

A single-vehicle accident on the Massachusetts Turnpike claimed the life of an Illinois man on Monday.

The man, 63, of Highland Park, Ill., was ejected from his vehicle after he struck a guardrail and rolled over on the highway. The driver was transported to Berkshire Medical Center in Pittsfield, where he was pronounced dead.

The driver was traveling in his antique 1937 Chevrolet when he veered off the road and struck a guardrail on the left side; the vehicle then continued back across both lanes and struck the right guardrail and rolled over, according to preliminary reports.

Interstate 90 in all directions was closed while The State Police Collision Analysis and Reconstruction Section and the State Police Crime Scene Services Section were investigating the crash.

The Massachusetts Turnpike Authority Maintenance Section and the Lee Fire Department and Emergency Medical Service assisted at the scene.

Originally posted at InjuryBoard by Chrissie Cole

Prescription for Disaster/Preemption and the FDA

Bruce Bierhans — Sun, 08 Jun 2008 20:22:02 GMT

In todays Boston Globe, there was a review of a new book authored by Melody Petersen. The book is entitled" Our Daily Meds: How the Pharmaceutical Companies Transformed Themselves Into Slick marketing Machines and Hooked the Nation on Prescription Drugs." The book describeswhy Americans increased their spending on prescription drugs between 1980 to 2003 from 12 billion to 197 BILLION, a seventeenfold increase. As one might imagine, junkets, grants to medical centers, marketing and lies had lots to do with the dramatic increase. But...we read daily about suicides, heart attacks, depression and a host of other unseemly disorders and side effects related to this increase in the use of prescription drugs.

But...on the other hand, courts nationwide including the Supreme Court now are considering the issue of preemption. The possibility of prohibiting consumers from seeking justice from pharmaceutical companies if a drug ormedical device was approved by the FDA. On the other hand, politicians are calling for increased and improved oversight by the (Bush) FDA.

Imagine this scenario. People continue to become victimized by the drug companies and their deception...and the SC says they have no recourse. What incentive is there for the FDA to be diligent in their oversight responsibility? People continue to die and the concept of accountability...which drives the civil justice system, is rendered ineffectual.

Without both judicial accountability as well as a diligent FDA doing it's job, the consumer will continue to be victimized. But...don't forget to call your doctor and ask if drug XYZ is right foryou!

Originally posted at InjuryBoard by Bruce Bierhans

Two Commuter Trains Crash Near Boston

Chrissie Cole — Thu, 05 Jun 2008 02:42:34 GMT

On Wednesday, during rush hour, two commuter trains crashed, injuring several passengers - the operator of the train was trapped and seriously injured in the train accident, according to authorities.

The above-ground accident involved multiple injuries on the city's "T" system, said a spokesman for the Massachusetts Bay Transportation Authority.

A two-car train struck the back of another two-car train, packed with commuters, that was approaching Woodland Station.

The first train was stopped at a red signal and was ready to continue to the station when it was hit. Workers were trying to free the operator of the train, who suffered serious injuries. One commuter had to be transported to Boston Hospital via air flight.

At this time it is unclear how many people suffered injuries and the nature of their injuries. Authorities are investigating the cause of the crash, at this time they have no further information.

Originally posted at InjuryBoard by Chrissie Cole

Candlsense Candle Warmers Recalled for Fire Hazard

Chrissie Cole — Sat, 31 May 2008 10:17:00 GMT

Provo Craft & Novelty, in cooperation with CPSC, announced a voluntary recall of Candlsense electric candle warmers. The internal heating elements of the warmers can detach and melt the bottom of the plastic casing, which can ignite or burn the surface on which the candle warm is placed - posing a fire hazard.

The company has received 11 incident reports, including the heating elements detaching, two fires and nine incidents of property burns. One consumer suffered a blistered finger.

Candlsense warmers with a product codes ranging from YD0629 through YD0652 and YD0701 through YD0708 are included in the recall. "Provo Craft & Novelty Candle Warmer Air Freshener Model: WCY-8888" are embossed on the bottom of the burner.

Consumers are advised to discontinue using the candle warmers immediately and to contact Provo Craft to receive a voucher worth 120 percent of the purchase price of the candle warmer which can be redeemed at creativexpress.com..

For additional information, contact Provo Craft at (888) 306-0132 between 8 a.m. and 5 p.m. ET Monday through Friday, or visit the company's Web site at www.provocraft.com.

Originally posted at InjuryBoard by Chrissie Cole

Another MBTA Accident

Bruce Bierhans — Fri, 30 May 2008 11:24:54 GMT

This week, another horrible accident happened on the T. Interestingly, a few weeks ago, another client contacted our office about an accident on the same trolley line. She indicated that the trolley was traveling so fast, she was thrown to the ground and injured. She asked that an accident report be prepared. However, the T has denied that one was ever prepared and also denys knowing anything about our clients incident.

The death of the operator is clearly tragic. However, it will certainly be interesting to see what comes out of this internal and NTSB investigation regarding this accident and safety of passengers on this particular line.

Originally posted at InjuryBoard by Bruce Bierhans

Mediation and Personal Injury Cases

Bruce Bierhans — Fri, 16 May 2008 15:57:32 GMT

Many new clients that come into our Cape Cod or Stoughton offices think they only have two alternatives when they have been injured in a car accident; settlement or a trial. That is true. However, many clients do not know that mediation, and arbitration, are increasingly available options used to resolve personal injury cases of all kinds.

In mediation, the parties meet with an agreed upon mediator; often a retired judge or trial lawyer, who helps them arrive at a reasonable settlement. In arbitration, the parties actually have a mini trial of sorts, and allow the arbitrator to come to a decision which is "binding" upon the parties. Both options avoid the expense and uncertainty of a trial and the cases are also resolved much faster than if they were to proceed to trial. Lately, even some complex medical malpractice cases are being resolved in this fashion.

In our office, I previously served as a mediator in our trial courts for over 8 years on a volunteer type basis and have been involved in hundreds of mediations. We are extremely experienced in resolving cases for our clients in this fashion. Of course, when a trial is necessary, with 26 years of trial experience, I am are always willing and ready to fight for my clients.

Originally posted at InjuryBoard by Bruce Bierhans