Millions of children die each year around the world from preventable and treatable diseases.  In an effort to train doctors to address these health issues, the Department of Pediatrics at Boston Medical Center inaugurated the Global Child Health Initiative within the Boston Combined Residency Program in Pediatrics (BCRP).

Please join Attorney Thomas M. Kiley in supporting training to address helath issues globally.

For some reason, teens have not been making the simple decision to buckle up while riding or driving on Massachusetts roads and highways.  This effortless action of putting on a seatbelt can save lives and prevent serious injuries from car accidents.  An article appeared in the Herald News describing one woman’s experience from a car crash as a teenager.  Her vehicle was broadsided and unfortunately, she was not wearing her seatbelt at the time of the crash. As a result, she suffered severe injuries that left permanent side effects.

Proper use of seatbelts can prevent ejection from the car and can slow down the body during a collision to avoid smashing into the dashboard or windshield.  There are laws in Massachusetts regarding the use of seatbelts.  In Massachusetts, it is mandatory that the driver and passengers wear their seatbelts while the vehicle is in operation.  Law enforcement has the authority to issue citations for anyone not wearing a seatbelt.  The fine is $25 per person.  Each person in the vehicle who is over the age of 16 and not wearing a seatbelt can be fined.  If the passengers are under the age of 16 and not wearing seatbelts, the driver will be cited.

The major question regarding this issue is – how do you encourage teens to buckle up?  Campaigns to raise awareness should continue, which show the importance of seatbelts.  At the same time, parents, caregivers and teachers must do their part in encouraging teens to wear seatbelts by explaining the consequences of not being properly restrained during a car accident.

If you or someone you love has been injured in a car crash in Massachusetts, contact Thomas M. Kiley & Associates, LLP at (978) 474-8670 or (800) 930-8145. 

The article, Massachusetts Teens Not Wearing Seatbelts, has more information on this topic.

Child abuse can be physical or emotional and also includes sexual abuse, neglect and malnutrition.  It can be defined as the “non-accidental commission of any act, by a caretaker, upon a child under age 18, which causes or creates a substantial risk of physical or emotional injury, or constitutes a sexual offense under the laws of the Commonwealth, or any sexual contact between a caretaker and a child under the care of that individual.”

Based on the Massachusetts Child Abuse Laws, certain individuals are required to report suspected child abuse cases to the Department of Social Services.  The list of individuals who are required to report child abuse is long and includes such people as physicians, teachers, ministers, medical examiners, counselors, day care workers, social workers, policemen and firefighters.  The mandated reporter must notify the Massachusetts Department of Social Services immediately if he or she suspects that the child, who is under the age of eighteen, is the victim of physical or emotional abuse or neglect.

After receiving the notification from the mandated reporter, the Massachusetts Department of Social Services will begin an investigation into the child abuse allegation.  If a child is in immediate danger, he or she will be taken into temporary custody.  In some situations, the District Attorney will be contacted regarding the child abuse case.  These circumstances include a child’s death, sexual assault, brain damage of the child, sexual exploitation of the child or other serious injuries sustained from the alleged abuse.

If you feel that your child has been the victim of abuse or neglect, you need to speak with a Massachusetts child abuse attorney right away.  Contact Thomas M. Kiley & Associates, LLP at (978) 474-8670 or (800) 930-8145 for legal advice.

The article, Understanding Massachusetts Child Abuse Laws, has more information on this subject. 

Location: New Bedford, Massachusetts

Accident Type:  Single Vehicle

A New Bedford man, Norberto Fraticelli, has been charged with assault after it was reported that he crashed his car into a telephone pole on purpose to injure his girlfriend's children.  Authorities believe it was an attempted murder suicide as he was angry at his girlfirend, the children's mother.  The children reported that he put on his seatbelt and pushed on the gas pedal as he steered the car into a pole.  He is being held without bail. 

Originally, the SUV was created for off-road driving and was not designed as a family car, which it is commonly known as today.  Since the target market for SUVs has changed, manufacturers have stopped installing the roll bars that protect the occupants in the vehicle in case of a rollover crash.  Now when an SUV rolls over, it often results in devastating injuries and sometimes death.

There are many theories as to why SUVs rollover more easily than other vehicles.  The size and height of the vehicle plays a significant role in the rollover risk.  Speeding has been a major factor in many rollover accidents.  Studies have shown that almost two-thirds of rollover accidents occur in a driving zone where the speed limit is 55 miles per hour or higher.

Driver distraction and inattention is also believed to be a cause of rollover accidents.  Numerous rollovers take place after a driver steers hard to avoid a foreseeable danger.  The SUV frequently loses control when a driver overcompensates, which initiates the rollover.  Once the SUV is off the pavement, a ditch, soft soil or other factor can contribute to the rollover accident.

Some SUV rollovers are due to manufacturing defects.  A few years ago, Toyota Motor Corp. recalled 880,000 SUVs and pickup trucks after it detected a serious defect that could impact steering.  Other vehicles, such as the Ford Explorer, Isuzu Rodeo and Honda Passport have also been involved in rollover accidents that resulted in serious injuries and death. 

If you have been injured in a rollover accident, contact the Massachusetts car accident attorneys at Thomas M. Kiley & Associates at (800) 930-8145.  We can help you determine the cause of your rollover accident and if any legal action should be taken.

The article, SUV Rollover Accidents – Causes & Prevention, has more information on this subject.

Doctors and hospitals sometimes make mistakes that can greatly impact an expecting mother and unborn child.  These errors can cause birth injuries, which result in developmental delay, mental retardation and cerebral palsy.  Specifically, hypoxic ischemic encephalopathy occurs when the brain is deprived of the necessary oxygen.  Lack of oxygen to the brain can cause substantial damage to the delicate brain tissue.

There are many things that can go wrong during the labor and delivery process.  When a C-section is delayed, the baby remains in the birth canal too long, the fetal heartbeat is misread or the doctor and hospital staff do not act in a timely manner, it can result in hypoxic ischemic encephalopathy.  This type of injury is usually identified immediately following birth, as there may be various symptoms including, coma, loss of brainstem signs, loss of deep tendon reflexes or seizures.

The treatment for hypoxic ischemic encephalopathy depends on the damage to the brain.  Some of the treatments for hypoxic ischemic encephalopathy include life-sustaining treatment, mechanical ventilation, control of blood pressure, maintenance of the heart function, medication or general anesthesia to control seizures and cooling blankets to reduce the body temperature.

Many times, hypoxic ischemic encephalopathy could have been prevented.  If your baby was injured during birth, contact an experienced Massachusetts birth injury attorney for legal advice.  Doctors and hospitals can be held liable for serious birth injuries, such as hypoxic ischemic encephalopathy.  Call Thomas M. Kiley & Associates at (800) 930-8145 for a free consultation regarding your case. 

The article, Hypoxic Ischemic Encephalopathy, has more information on this topic.

Location: Plummer Court, Epping, New Hampshire

Accident Type: Deck Collapse

Party guests were injured on Friday night at a home in Epping, New Hampshire when a deck collapsed.  Six people were on the deck and one guest was underneath when it collapsed.  Many people suffered minor injuries, while three people were taken to a local hospital.

Erb’s palsy is defined as a loss of movement or weakness of the arm, which is the result of damage to the nerves around the shoulder.  This condition can have many causes, such as prolonged labor, breech position, induced labor and the fetal position.  If the baby is pulled on the shoulders during the birthing process, such as in a situation where the doctor pulls the infant as he or she passes through the birth canal, the risk of developing Erb’s palsy increases.

Symptoms of Erb’s palsy are usually identifiable immediately or soon after birth.  Erb’s palsy can cause partial or complete paralysis.  Some of the symptoms include an absence of the startle reflex, a flexed arm at the elbow that is held against the body, decreased grip and lack of spontaneous movement in the upper or lower arm or hand.  If the injuries are severe, the newborn may even have a droopy eyelid.

Erb’s palsy can be diagnosed by a pediatrician’s evaluation or through tests, including x-rays, CT scans and MRI scans.  A mild injury will eventually correct itself, usually after several months.  If the infant does not improve, surgery may be required.  Other treatment options include tendon transfers, nerve transfers and subscapularis releases.  If your child has been diagnosed with Erb’s palsy, you should discuss the various treatment methods available with your child’s physician.

If your newborn was injured during the birthing process as a direct result of the hospital or doctor’s negligence, you should contact a birth injury attorney who can help you file a claim.  Contact Thomas M. Kiley & Associates at (800) 930-8145 for advice regarding your Erb’s palsy case.

The article, Overview of Erb’s Palsy, has more information on this topic.  

 Please See the following links for more information:

Boston Globe Article

WTEN Article

Daily News Transcript Article

The bill is titled, Chapter 365 of the Act of 2006 and it took effect immediately. The law implemented a statewide Shaken Baby Syndrome prevention initiative to educate and train parents, caregivers and professionals.  It also provides support to victims of Shaken Baby Syndrome.

While most people have heard of Shaken Baby Syndrome, the exact physical causes are not widely known.  When someone shakes an infant or young child, the child’s head whips back and forth, consequently slamming the fragile brain tissue against the hard skull.  As a result of this force, bruising, bleeding and swelling of the brain can occur.  Children younger than 2 years of age have weak neck muscles, which makes them more susceptible to Shaken Baby Syndrome.

If you have a young child, you need to be aware of the symptoms of Shaken Baby Syndrome.  The earlier the condition is detected, the better the chances of your child’s survival. Warning signs of Shaken Baby Syndrome include:

• Changes in behavior, including extreme irritability
• Appears lethargic, sleepy and not smiling
• Lack of appetite
• Alertness is decreased
• Loss of consciousness
• Skin looks pale or bluish
• Vomiting
• Convulsions or seizures
• Not breathing

Any of these symptoms should prompt you to take your child to the emergency room immediately.  Serious injuries often follow Shaken Baby Syndrome, including developmental delays, brain damage, blindness, spinal cord injury, mental retardation and impaired use of arms and legs.

Contact Thomas M. Kiley & Associates at (800) 930-8145 if your child has been the victim of Shaken Baby Syndrome caused by a babysitter, family member, friend or childcare provider.

The article, Shaken Baby Syndrome (SBS) is a Form of Child Abuse, has more information about this serious condition, including prevention tips. 

There have been many stories in the news recently of young children being injured by cribs and bassinets.  These young children were hurt because of a design flaw in the product, which ultimately led to massive recalls in an attempt to avoid any further child injuries. 

Unfortunately, children are hurt by toys and products that may or may not have been recalled.  When a child is injured by a toy, crib, bassinet or other product, the manufacturer, distributor, retailer, importer or other party involved in the distribution of the product can be held liable.  These types of cases are called product liability lawsuits.  A product liability lawsuit can include a situation where the children’s product was defectively designed, flaws existed in the manufacturing process or there was a failure to warn consumers of a known hazard. 

Product liability cases are difficult to win, as the manufacturer or other responsible party will employ their resources to make sure you are not successful.  They know that if you win your case, more lawsuits from other consumers may follow.  Their defense team will work hard to show that the product was not defective.  However, an experienced Massachusetts defective product attorney, such as Thomas M. Kiley, can gather the necessary evidence and facts to help you win your case.  Contact Thomas M. Kiley & Associates at (800) 930-8145 if your child has been injured by a toy or other product.

Read the article, When a Child is Hurt by a Defective Product, for additional information regarding injuries, liability and lawsuits.

Consumers often ask the question, “How do I know if the car is a lemon?”  The Massachusetts Lemon Law defines a lemon as “a new or leased motor vehicle that has a defect which substantially impairs the use, market value, or safety of the vehicle, and which has not been repaired after a reasonable number of attempts.”  New cars, motorcycles, vans and trucks are all covered by this law.  There are certain requirements that must be met before a vehicle is considered a lemon.  For example, the vehicle must be purchased from an auto dealership in Massachusetts for the purposes of personal or family use.  The law provides protection for one year from the purchase date or 15,000 miles of use from the original delivery date, whichever comes first.

Reasonable attempts at repair for the defect must be made before compensation is given.  If the vehicle cannot be repaired, the manufacturer should offer to replace it or refund the consumer’s money.  Even though the law requires that manufacturers take this action, they are not always cooperative.  Sometimes you need the help of an experienced attorney who can help you recover compensation under the Massachusetts Lemon Law or applicable federal laws.  Contact Thomas M. Kiley & Associates for advice regarding your lemon law case.

The article titled, “Massachusetts Lemon Law,” goes into further detail regarding defective automobiles in Massachusetts.