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Massachusetts Personal Injury Blog

Zimmer Recall Overview

Knee replacements have become one of the most common operations performed, as America’s population grows older on average, but continues to stay active. Knee replacement surgery was first performed in 1968; since then, more than 600,000 operations have been performed each year to replace knee joints damaged by arthritis or injury. For older adults who suffer from a variety of knee issues, knee replacements have become one of the best ways to preserve quality of life throughout the senior years. Knee replacements also benefit younger people who, for various reasons, must have orthopedic help to walk or engage in physical activity.

Zimmer NexGen CR-flex knee replacements gained popularity as the latest in high-technology devices used in knee replacements. The earlier Zimmer models, which have recently come under fire, required cementing to the bone for attachment. At first, this cementing process seemed effective, and patients were pleased at the pain reduction from the knee replacements.

However, a 2010 report by a prominent orthopedic surgeon pointed out that this particular model seemed to have a high incidence of failure during the first few years after placement. Normally, a high-flex knee replacement device could be expected to last for fifteen years; Zimmer’s NexGen CR-flex device was not living up to expectations in this regard, with many devices lasting a mere three years. The surgeon recommended that use of the defective Zimmer knee be discontinued; however, not only has the device never been recalled, but it is still widely used in knee replacement surgery.

Just how bad is the Zimmer problem? According to a study performed by Dr. Richard Berger of the Rush University Medical Center in Chicago, at least 36 percent of patients who were implanted with the NexGen CR-flex device showed loosening of the device from the femur, the bone to which it attaches. In 8.3 percent of the recipients, the loosening was painful enough to convince them to undergo revision surgery, or surgery to correct the problems caused by the device. Given the often painful nature of knee replacement surgery, this would mean that the problems caused were severe indeed. However, many patients preferred a second round of surgery to the continuing problems caused by the defective knee replacement mechanism.

There is a growing outcry for Zimmer to address the problem of its knee replacement device. Dr. Berger, who was a consulting physician for Zimmer at one time, no longer works for the firm, and has been accused by Zimmer of incorrect surgical procedure in the placement of the knee devices. Given that Dr. Berger was the company’s expert during the development of the NexGen CR-flex model, this is odd, to say the least. Lawsuits have been filed by several firms against Zimmer for revision surgery costs as well as pain and suffering on the part of patients who have experienced problems with the Zimmer model. The Zimmer lawsuits are still in very early stages, so anyone who has experienced problems with the Zimmer knee replacement device should lose no time in contacting professional Zimmer attorneys to discuss the possibility of collecting damages.

Massachusetts One Step Closer to Banning Handheld Cellphones

The Joint Transportation Committee of the Massachusetts Legislature has unanimously approved a bill that would ban drivers from using handheld cellphones while behind the wheel in the Commonwealth. The Boston Globe reports that the 8-0 vote of the bill is just the start of the campaign for hands-free driving across the state.

The bill now has to travel through the House and Senate and might be evaluated by the Ways and Means Committee as it makes its way to a vote. There is no established timetable as to when the vote will take place. If the bill were to pass, Massachusetts would become the 10th state in the U.S. to ban talking or even holding a cellphone while driving.

In 2010, Massachusetts prohibited drivers under age 18 from using a cellphone and banned texting while driving for drivers of all ages. At that time, legislators did not take the next step of banning talking or using a cellphone in general by drivers over age 18.

The Transportation Department reports that police in Massachusetts gave about 1,100 citations to drivers for texting while behind the wheel. The challenges law enforcement have faced since the 2010 law, such as distinguishing when a driver is texting or dialing a number, would be no more if the ban of handheld cellphones is passed.

While hands-free technology has become more prevalent, drivers who have cellphones not equipped with this technology will have to either pull over to talk or will have to wait to make a call once they arrive at home, work, or whatever their destination may be.

The next several months will shed some more light on how the hands-free campaign is faring with officials. Until then and as always, drive safely.

When Should You Call a Boston Personal Injury Law Firm?

Have you been seriously injured in a car accident in Massachusetts due to another driver’s distracted driving?

Call a Boston car accidents attorney with Kiley Law Group at (888) 208-1695 to find out about your legal options.

Teen Dies in New Bedford Rollover Crash

The Boston Globe is reporting today that a teenage male died this morning in a single-vehicle crash on Route 140 North in New Bedford.

The accident was described as a rollover accident and happened during the morning commute around 7:30 a.m. The unidentified teen was declared dead at the scene of the accident, while two other unnamed individuals in the car were rushed to an area hospital for medical treatment. It is not known at this time who was driving the vehicle at the time of the accident.

The northbound lanes of Route 140 were shut down while police investigated and reconstructed the scene. Commuters were diverted and significant back-ups were reported as a result. One of the northbound lanes was opened to traffic an hour later.

Officials are continuing their investigation into the cause of the fatal crash.

When Should You Call a Massachusetts Car Accidents Attorney?

Have you been seriously injured in a car accident in Massachusetts due to another’s negligent driving? Call a Massachusetts car accidents attorney with Kiley Law Group to find out about your legal options before you sign any forms, give a statement to an insurance company, or hire a lawyer.

Call us today at (888) 208-1695 to receive your free legal consultation.

DISCLAIMER: The Kiley Law Group is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited within the article. If you were involved in this accident or a similar incident and have questions about your rights and legal options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a legal evaluation. We provide a free, confidential consultation to all not-at-fault persons named in this article and to their family members as well.

Compensation for Wrongful Death Resulting from Car Accidents

Fatal Auto AccidentIf you have lost a loved one in a car accident, you may be wondering where to turn not only for emotional support, but also for a certain degree of financial support and security. As much as losing a beloved family member can be emotionally devastating, it also often leaves some families in a financial mess. Depending on the circumstances of the fatal car accident, financial compensation may be available to cover damages. This is particularly true if the accident was caused by someone else’s negligence.

Not all fatalities qualify as wrongful deaths. Any time there is a fatal crash, it must be determined who caused it and how it could have been prevented. Was one of the drivers speeding, distracted, or inattentive? Was the other driver drunk? Did he or she make an unsafe lane change or fail to yield the right-of-way by running a red light, stop sign, or making an unsafe turn? These are examples of negligent driving that can result in a wrongful death claim.

A wrongful death claim is a civil lawsuit, the goal of which is to hold the at-fault driver financially responsible for a fatal crash. While criminal cases may result in restitution or fines, they often do not offer fair compensation to the family that has suffered a major loss. A successful civil lawsuit may result in compensation for many of the losses suffered in the accident including medical bills, hospitalization, funeral expenses, lost current and future wages, and lost benefits, to mention a few.

This guest blog post is provided by the New Jersey fatal car accident lawyers at Lependorf & Silverstein who offer help and guidance to anyone who has lost a loved one in a New Jersey car accident.

Southbridge Man Dies After Snowmobile Falls Through Ice on Dudley Pond

Richard Redfield, 27, of Southbridge was killed in a snowmobiling accident over the weekend on a pond in Dudley.

What Happened

The Boston Globe reports that Redfield and two other friends, identified as Jeffrey Lougie, 37, of Dudley and Wayne Montigny, 47, of Connecticut, were snowmobiling on New Pond in Dudley Saturday around 5:30 p.m. when they fell through the ice into the frigid water.

Emergency workers responded, pulled all three men out of the water, and rushed Redfield to an area hospital for medical treatment. The three men were about 300 feet from the shore on their snowmobiles when they fell through the ice.

Officials have reported that Redfield was in the water for a minimum of 15 minutes before he was rescued from the icy water. Redfield was later pronounced dead at a Webster hospital. One of Redfield’s friends was transported to a Worcester hospital with minor injuries.

Dudley Police, Massachusetts State Police, and the environmental police are handling the investigation into Redfield’s death.

Injuries on the Ice

The CDC estimates that roughly 10 people die from accidental drowning every day and approximately 50% of drowning victims die due to the effects of freezing water. Authorities warn that hypothermia-related injuries are a significant threat to those who venture out on the ice in the winter.

The Massachusetts Department of Fire Services advises ice does not naturally freeze or melt consistently. For example, ice that is 12 inches thick in a certain area might only be 1-inch thick a couple of feet away. Ice skaters, ice fishermen, boaters, and others are advised to exercise extreme caution when heading out on the ice, as there are a number of variables that can affect the strength of the ice.

The fluctuation in the temperature can cause the ice to thaw and then re-freeze, posing dangers to those who are on the ice. Other factors that can weaken the ice are changing water currents, rocks, and tree stumps or logs.

When Should You Call a Massachusetts Motor Vehicle Accidents Attorney?

Have you been seriously injured in a motor vehicle accident in Massachusetts? Call a Massachusetts motor vehicle accidents attorney with Kiley Law Group to find out about your legal options before you sign any forms, give a statement to an insurance company, or hire a lawyer. Call us today at (888) 208-1695 to receive your free legal consultation.

DISCLAIMER: The Kiley Law Group is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited within the article. If you were involved in this accident or a similar incident and have questions about your rights and legal options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a legal evaluation. We provide a free, confidential consultation to all not-at-fault persons named in this article and to their family members as well.

Black Ice from Overnight Winter Storm Causes Multiple Massachusetts Accidents

A weather system over the weekend brought the 2012 winter season’s first substantial snowfall to eastern Massachusetts, causing icy road conditions which spurred a series of auto accidents on the region’s highways, according to Boston.com.

Somerville Pedestrian Accident

One of the crashes caused by the overnight onslaught of winter weather involved a 25-year-old Stoneham man, who was hit by a WHDH-TV Ford Explorer driven by a 42-year-old Sudbury man, while running across Interstate 93 in Somerville, where he had stopped his damaged vehicle. He was immediately transported to Massachusetts General Hospital with life-threatening injuries.

An investigation is ongoing as State Police have not determined why the Stoneham man’s car was stopped in the left-hand lane of the highway, how it was damaged, or why he ran across the Interstate. The WHDH-TV driver was on his way to cover a story when the accident occurred. Police are attempting to determine the speed of the Ford Explorer at the time of the collision.

Fatal Gardner Crash Kills Framingham Woman

A 65-year-old woman was killed in a two-car collision when she lost control of her Honda Civic while heading eastbound on Route 2. She crossed the median and crashed into a westbound pickup truck. The Civic rolled over, trapping the woman inside. Once extricated from her vehicle, she was transported to Heywood Hospital, where she was pronounced dead. The pickup truck driver was also taken to Heywood Hospital, though with only minor injuries.

When Dangerous Weather Causes Dangerous Road Conditions

It is imperative that every motorist practice safe driving in winter weather conditions. Black ice is extremely dangerous and is responsible for many MA winter weather vehicle crashes. If there is snowfall, motorists must be prepared for the likelihood of icy roadways and drop their speed and be especially attentive. A motorist who drives recklessly for the conditions of the road may be held liable for any injury accidents they cause.

Getting the Compensation You Deserve

If you have been injured in a winter weather accident in Massachusetts that you believe was caused by the recklessness or negligence of another, be it another driver or the entity responsible for maintaining the road, we can help. Our dedicated car accident attorneys in Boston with the Kiley Law Group are committed to obtaining justice for our clients. Call us today for a free consultation on your legal rights and options at (888) 208-1695.

DISCLAIMER: The Kiley Law Group is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited within the article. If you were involved in this accident or a similar incident and have questions about your rights and legal options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a legal evaluation. We provide a free, confidential consultation to all not-at-fault persons named in this article and to their family members as well.

Wintry Weather May Have Caused Fatal Route 2 Accident in Gardner

The MetroWest Daily News reported today that a collision in Gardner last night claimed the life of a Framingham woman and left the other driver involved injured.

What Happened

Linda Nelson, 65, of Framingham sustained fatal injuries Monday evening around 10:15 p.m. when the Honda Civic she was driving struck a Ford F-250 truck operated by an unidentified 63-year-old Phillipston man on Route 2 in Gardner.

Massachusetts State Police have reported that at the time of the collision, it was snowing in Gardner and the roadways were blanketed with snow. While the investigation continues, the wintry weather that the region saw last night may have contributed to the fatal crash.

Nelson’s vehicle reportedly went over the median into the opposite lane of travel and into the pickup truck, according to authorities. The collision, which occurred near Exit 22, forced Nelson’s Civic to rollover on the roadway and she had to be rescued from the damaged vehicle by emergency workers.

Nelson was rushed to an area hospital, where she was pronounced dead. The unnamed operator of the pickup truck suffered minor injuries in the accident.

Fatal Accidents in Massachusetts

According to the Fatality Analysis Reporting System (FARS) of the National Highway Traffic Safety Administration (NHTSA), 334 individuals in Massachusetts in 2009 were killed in motor vehicle accidents.

When Should You Call a Massachusetts Car Accidents Attorney?

Have you been seriously injured in a car accident in Massachusetts? Call a Massachusetts car accidents attorney with Kiley Law Group to find out about your legal options before you sign any forms, give a statement to an insurance company, or hire a lawyer.

Call us today at (888) 208-1695 to receive your free legal consultation.

DISCLAIMER: The Kiley Law Group is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited within the article. If you were involved in this accident or a similar incident and have questions about your rights and legal options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a legal evaluation. We provide a free, confidential consultation to all not-at-fault persons named in this article and to their family members as well.

Weymouth Crash Claims Lives of Father, Toddler

The Patriot Ledger reports that a father and his 2-year-old son were killed in a single-vehicle accident Monday night on Route 3 in Weymouth.

What Happened

Curtis Thompson Jr., 35, of Rockland and his 2-year-old son DJ suffered fatal injuries this past Monday evening around 7:00 p.m. when Thompson somehow lost control of the Chevy Malibu he was driving. The Ledger reported that Thompson veered across two lanes of Route 3 and went down an embankment before colliding with trees along the highway.

Thompson was reportedly not wearing his seatbelt at the time of the accident. Emergency responders rushed Thompson and his young son to an area hospital, where they were both pronounced dead.

Authorities are continuing to investigate the tragic accident and are looking into whether Thompson may have swerved in order to avoid a second vehicle on the highway.

When Should You Call a Massachusetts Car Accidents Attorney?

Have you been seriously injured in a car accident in Massachusetts because of another driver’s recklessness? Call a Massachusetts car accidents attorney with Kiley Law Group to find out about your legal options before you sign any forms, give a statement to an insurance company, or hire a lawyer.

Call us today at (888) 208-1695 to receive your free legal consultation.

DISCLAIMER: The Kiley Law Group is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited within the article. If you were involved in this accident or a similar incident and have questions about your rights and legal options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a legal evaluation. We provide a free, confidential consultation to all not-at-fault persons named in this article and to their family members as well.

Dangerous Cambridge Intersection Targeted in Roadway Safety Campaign

Every day, the Vassar Street and Massachusetts Avenue intersection near the Massachusetts Institute of Technology (MIT) campus is used by thousands of pedestrians, bicyclists, and motorists in their commutes to and from work, school, or just day-to-day errands. According to an article on Boston.com, this high level of volume makes this intersection one of the highest accident locations in the entire city, especially for bicyclists.

Cambridge Intersection Accident Statistics

Since 2007, the Vassar St. and Massachusetts Ave. intersection has had 55 traffic accidents which Cambridge police have responded to. Of those 55, 24 involved motor vehicles and bicycles. In 2011, there were 16 accidents. These statistics have earned this intersection a spot on the Police Department’s top five dangerous intersections list for 2011, right behind the intersection of Massachusetts Avenue and Gardner Street in Harvard Square.

Vehicle-Bike Accident Injuries

Though records show that many of these accidents resulted in just minor injuries, a bike-car accident last month resulted in the death of the bicyclist, an MIT graduate. An investigation into this fatal bicycle accident is still ongoing.

Police Roadway Safety Campaign

The high accident numbers have prompted police to target the Vassar St. and Massachusetts Ave. intersection as part of a road safety campaign, the purpose of which is to improve bicycle safety throughout the city. The campaign not only educates riders, but also enhances enforcement for traffic violations. Road design improvements have also been in the works.

After a Massachusetts Injury Accident

One of the most common reasons why a motor vehicle-bicycle accident occurs is because the driver did not see the cyclist. Each and every road user has a responsibility to be attentive and obey all traffic laws, but, unfortunately, many forgo that responsibility. If you or a loved one has been injured in a Massachusetts intersection accident as the result of another driver’s negligence or recklessness, that driver may be held liable for their actions in civil court.

The experienced Boston motor vehicle accident attorneys with the Kiley Law Group are dedicated to supporting their clients and obtaining the compensation they need and deserve. To discuss your potential claim with one of our lawyers, contact us today at (888) 208-1695 for a free legal consultation.

DISCLAIMER: The Kiley Law Group is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited within the article. If you were involved in this accident or a similar incident and have questions about your rights and legal options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a legal evaluation. We provide a free, confidential consultation to all not-at-fault persons named in this article and to their family members as well.

Beware of Recalled Winter Weather-Related Products

Defective and/or unsafe products cause serious injuries and hundreds of thousands of dollars worth of property damage every year in the U.S. Every season brings in different products and different recalls. This winter, the U.S. Consumer Product Safety Commission (CPSC) encourages consumers to first check if the cold weather-related product they intend to use or buy has been previously recalled.

CPSC Winter Weather-Related Product Recalls

A handful of cold weather products that should be avoided for the safety of your home and family include:

  1. Flow Pro, Airtech, Aloha Breeze and Comfort Essentials Heaters –Malfunction that could cause burning, smoking, overheating, melting and fire.
  2. Meijer Touch Point Oscillating Ceramic Heaters –Defect in the oscillating mechanism which could short out, posing a fire hazard.
  3. Lasko Portable Electric Heaters –Defect in an electrical connection in the base of the unit, which can overheat, melt and, as a result, expose the electrical connection, posing a fire hazard.
  4. GE Zoneline Air Conditioners and Heaters – Electrical component defect in which that component could fail, posing a fire hazard.
  5. Honeywell Electric Baseboard and Fan Heater Thermostats – Overheating defect which could cause them to smoke and melt, posing a burn injury hazard to consumers.

When to Contact a Massachusetts Product Liability Lawyer

Oftentimes, defective products are not recalled until they have already caused personal injury and/or property damage. Consumer product manufacturers have a duty to subject their products to comprehensive safety tests before distributing them to the public. Unfortunately, safety testing or even production is often rushed in order to more quickly market the product.

If you or a loved one has been injured as the result of an unsafe product in Massachusetts, the dedicated Boston defective product attorneys with the Kiley Law Group can help you understand your legal rights and options. We are committed to obtaining maximum compensation for our clients. Call us today for a free legal consultation of your potential claim at (888) 208-1695.

We have worked with thousands of clients over the years and are proud of the millions of dollars that we have obtained for them.
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