Monthly Archives: July 2011

Six Injured in Boat Explosion on Smith Mountain Lake

28 July 2011

Six people aboard a 31-year-old cabin cruiser suffered injuries from an explosion caused by a gasoline leak in the stern.  On Saturday, gasoline vapors sparked by the boats engine caused the boat to catch fire. Sargent Karl Marting, a conservation police officer  said the fireball burst from an enclosed space near the boat’s engine compartment at about 3:30 p.m. He claims the the explosion was brief but powerful, “We’re talking about a second or more, but quite high and quite forceful.”

The 25 foot, 1980 Chris Craft cabin cruiser just pulled away from Parkway Marina in Virginia after being refueled when the vapors exploded.  Luckily, the quick burst of fire was quelled by a fire extinguisher a marina employee brought on board. The boat itself suffered little damage; however, the boaters injured in Saturday’s incident wound up in the water about 150 feet from shore, several injured or stunned enough to have possibly drowned had they not been quickly rescued.  Two victims of this gas explosion were immediately taken to the burn unit at the University of Virginia Medical Center while the remaining four injured boaters are being treated for their burns at Roanoke Memorial Hospital.

Aside from causing severe burns, gas explosions may scar a victim with related traumatic injuries if he/she is thrown or falls. These injuries require extensive medical treatment and/or rehab and may result in lasting physical and psychological damage. Consequently, medical expenses may be overwhelming. In either case, liability can be attributed to a number of external factors including: the gas company supplying the gas, the manufacturer of the appliance/equipment, anyone who has operated on the equipment and etc. In order to obtain financial compensation for victims of burn injuries from explosion, it is vital to work with a law firm with the experience and resources to pursue claims against major corporations responsible for life-altering injuries, often utility companies or manufacturers.

If you or a loved one has been the victim of a gas explosion and would like to speak with an injury attorney, contact us by email or call (617) 742-1900. Swartz & Swartz, P.C.  is here to answer your questions and protect your legal rights.

By James A. Swartz of Swartz & Swartz, P.C.Permalink

Wrongful Death Suit Filed Over Recalled Alcohol Prep Wipes

27 July 2011

Every day, people use alcohol prep pads to protect themselves and their loved ones from invasive bacteria and infection. Last year, however, The Food and Drug Administration (FDA) announced a recall of several Triad products that involved alcohol preparation, due to contamination with Bacillus Cereus bacteria. This bacteria is harmful to humans and can lead to food borne illness or even death. The government discovered that this bacteria contaminated the recalled Triad wipes, prep pads and swabs, which were commonly used in hospitals and for daily first-aid.

Now, wrongful death lawsuits have been filed as the bacteria has infected users. In one such case, an Illinois widow, Sharon Rockett, filed an alcohol prep pad wrongful death lawsuit against H&P Industries, claiming that the bacteria-infected prep pads killed her husband, Garry W. Rockett. According to the lawsuit, Rockett was supplied with Triad Alcohol prep pads in PleurX Drainage Kits by Carefusion and Edgepark Medical supplies.  This claim is the latest of several wrongful death and product liability lawsuits filed against H&P over allegedly contaminated alcohol prep pads.

While the FDA has ordered the recall of these wipes, millions of the contaminated wipes could still be in home medicine cabinets. The FDA has urged immediate disposal of these potentially contaminated pads.

Every year, consumers are victimized by dangerously defective products, sustaining catastrophic and even fatal injuries as a result. If you or a family member have suffered significant personal injuries or wrongful death as the result of a defective product, contact the law office of Swartz & Swartz, P.C. Call (617) 742-1900 in the Boston area, or for clients in greater Massachusetts, New England, or other states across the U.S., call toll-free at 1-800-545-3732.

By James A. Swartz of Swartz & Swartz, P.C.Permalink

Vaginal Mesh Causes More Harm Than Good

25 July 2011

Transvaginal mesh surgery for pelvic organ prolapse (POP) may cause more harm than good. The vaginal mesh used in this surgery presents the risk of serious complications, leading the Food & Drug Administration (FDA) to warn that it provides no greater benefits over other methods of treating POP. There have been several lawsuits filed against manufacturers of the vaginal mesh. Also, from January 1, 2008 through December 31, 2010, the FDA reported that it received 2,874 reports of complication arising out of this surgical procedure.

In a statement issued by the FDA, it concluded that complications of the surgical mesh placed in the vagina to treat POP include erosion of vaginal tissue, often resulting in pain, infection, bleeding, pain during intercourse and urinary difficulties. The FDA also cautions patients that organ perforation may occur during the procedure to install the mesh. The FDA has made it clear that the risks of vaginal mesh far outweigh the benefits. There are other methods of treating POP that do not involve surgical mesh.

Medical malpractice and product liability cases, especially those involving complex procedures such as transvaginal mesh surgery, are unique and require a sophisticated team of educated and proven professionals. At Swartz & Swartz, P.C., we have a team of attorneys and professionals dedicated to assisting victims who have suffered due to the negligence of others. If you or a loved one has been the victim of medical malpractice or a defective product, and would like to speak with an attorney, please contact us. Our lawyers are here to answer your questions and discuss how to protect your legal rights. Call our Boston, Massachusetts office at (617) 742-1900, or toll-free at 1-800-545-3732.

By James A. Swartz of Swartz & Swartz, P.C.Permalink

New Study Suggests Avoiding Hospitals in July

14 July 2011

There is a new study that suggests it is dangerous or even deadly to seek hospital care during the month of July. The study reports that more patients receive poor quality care with serious consequences, even death, at teaching hospitals during this summer month. Researchers concluded that deaths in these hospitals rise as high as 10% in July.

One explanation seems to be that experienced residents move on and new trainees, with little clinical experience, take their place at the start of the academic year. This is referred to as the July effect. Many teaching hospitals are aware of this problem and try to have their best doctors on call during July.

Researchers at the University of California- San Francisco School of Medicine reviewed studies from 1989 through 2010 and found extended hospital stays and unneeded tests in July. The study was published in the July 12 Annals of Internal Medicine.

It is critically important that patients make informed decisions about their own medical care. Under the Massachusetts Patient Bill of Rights, patients have the right to refuse treatment from a medical student. If you feel that your care may be inadequate, you can refuse care by the new trainee and request a veteran doctor to review your medical problem.

Medical malpractice cases are unique and require a sophisticated team of educated and proven professionals. At Swartz & Swartz, P.C., we have a team of attorneys and professionals dedicated to medical malpractice cases. We work closely with some of the most knowledgeable and renowned medical experts in the country, and have a proven track record of successful recoveries on behalf of victims of medical negligence.

If you or a loved one has been the victim of medical malpractice and would like to speak with a medical malpractice attorney, please contact us. Our lawyers are here to answer your questions and discuss how to protect your legal rights. Call our Boston, Massachusetts office at (617) 742-1900, or toll-free at 1-800-545-3732.

By James A. Swartz of Swartz & Swartz, P.C.Permalink

Adventure Playsets Recalls Swingsets

7 July 2011

According to the U.S. Consumer Product Safety Commission (CPSC), Adventure Playsets has recalled about 240,000 swing sets due to a fall hazard.  The wood in the posts of the fort section on the swing sets can rot, causing weakening and leading to a fall hazard. There have been over 500 complaints relating to the Adventure Playsets playground equipment, with concerns expressed about the weakened wood in the 2×4 plastic-coated uprights. The recalled swing sets were distributed under the names: Bellevue, Bellevue II, Belmont, Durango, Durango II, Sedona, Tacoma, Tacoma II, Ventura, Ventura II, and Yukon.  They were sold under the various names at Academy Sports, Mills and Menards, Mills, Toys-R-Us, and Walmart for $300-$600.

Every year, consumers are victimized by dangerously defective products, with resulting catastrophic and even fatal injuries.  Our firm has a national reputation for successfully representing consumers and their families who have been victimized by hazardous products. If you or a family member has suffered significant personal injuries as the result of a defective product, contact the law office of Swartz & Swartz, P.C. Call (617) 742-1900 in the Boston area, or for clients in greater Massachusetts, New England, or other states across the U.S., call toll-free at 1-800-545-3732.

By James A. Swartz of Swartz & Swartz, P.C.Permalink