Tennessee Train Accident Releases Toxic Fumes, Resulting in Thousands of Residents Being Evacuated.

Posted on January 21, 2016 by gil hoy

Trains helped transform America into the nation it is today.  Railroads first connected the East and West Coasts that continue to make massive deliveries and shipments.  Trains also assists ferry commuters around major metropolitan areas.  There is, however, a downside to relying on trains for transportation: most trains carry hundreds of passengers at a time, meaning than an accident or collision can be extremely harmful. Negligent and careless acts involving trains may lead to serious injury or death. Every year, about 1,000 people die in train accident in Massachusetts alone.  Even trains that solely carry cargo may be extremely harmful to people, as was recently the case in Tennessee.

This week, residents in Maryville, Tennessee, were alerted in the middle of the night by firefighters and first responders to immediately leave their homes and vacate the area. A commercial CSX train heading to Georgia had one of its carts derail while passing by late one night.  The cart was carrying a chemical to make plastics, which was a highly flammable toxic gas.  While safe when it is properly sealed, the derailment cracked the pressurized seal on the gas and caught fire, spreading a toxic cloud two miles wide.  Firefighters tried to control the fire and over 5,000 residents had to be evacuated. According to abcnews.com, over a day later, officials have still not deemed it safe to return to the area and many are wondering where they are going to be able to live in the meantime.

Outside of the inconvenience to an entire town, ten emergency responders have been hospitalized for inhaling toxic fumes, but their injuries are reportedly not life- threatening.  It is, however, unclear how many more people may be exposed to the fumes or if any of the evacuees have been negatively impacted, as the investigation is just beginning.  It is possible that dozens, if not hundreds, of people may have been injured by this accident, despite there not being a single passenger on the train other than its crew.

Massachusetts common carriers, such as trains, subways and trolleys, owe a heightened duty of care to passengers under applicable Massachusetts law. Therefore, if you are injured due to the negligence of the railway company or operator of a common carrier, you are entitled to receive money damages for their breach of care.You owe it to yourself to learn about your legal options and rights.  Call 24/7 at 617-787-3700 or email us at info@gilhoylaw.com to speak with one of our train accident injury lawyer specialists.  Your initial consultation is free and private, so contact us today!

Posted in Boston Negligence Lawyer, Boston Personal Injury Lawyer, Boston Train Accident Lawyer | Leave a comment

Mother Files Lawsuit After Delayed C-Section Causes Child To Suffer Brain Injury.

Posted on December 4, 2015 by gil hoy

Unfortunately, far too many babies suffer needlessly from injuries sustained during the pre-natal time period, childbirth and delivery that are caused by negligence. These injuries range from mild scarring and bruising to severe life-altering diagnoses, depending on the affected area and the course of treatment. It is not at all uncommon for a simple careless mistake by a medical professional to result in harm to a child that can affect them for the rest of their lives. Many birth injuries could have been prevented by appropriate medical care and treatment for mothers during the prenatal period, as well as by immediate and necessary responses to any complications that may arise during childbirth and delivery. If this scenario seems familiar to you, contacting a Boston, MA birth injury lawyer is a necessity.

The plaintiff delivered her first child by cesarean section in 2004. Shortly after giving birth, she became pregnant again and visited Barbara Fikes-Maki, a midwife. Fikes-Maki told the mother that she should proceed with the birth vaginally rather than have another C-section. However, an hour after she went into labor, there were signs of complications.

According to Injury Lawyer News, the mother alleges that instead of being admitted to a labor and delivery ward, the midwife stopped monitoring the baby’s heart and told her to walk around the hospital for an hour. After two hours, the mother was finally admitted to the hospital and the fetal heart monitor showed repetitive late decelerations. The mother alleges that the hospital staff ignored this alert. After another hour, tests showed signs that the fetus was suffering from numerous episodes of oxygen deprivation, so the staff began to give an epidural. The mother finally underwent a C-section delivery. Upon delivery, the child was not breathing, had no pulse and was limp.

The baby boy spent nearly one month in the hospital where the child was finally diagnosed with hypoxic ischemic encephalotpathy caused by intrapartum asphyxia. He had also been diagnosed with spastic quadriplegic cerebral palsy. He has impaired motor skills, delayed cognitive limitations and recurring seizures.

The parents of the minor child have brought a lawsuit against the Blanchfield Army Community Hospital in Tennessee. They allege that the nursing, midwifery, and obstetrical care they received was substandard and directly led to their son’s brain injury at birth. They are requesting damages for past and future medical and nursing care, special adaptive living expenses, special education costs, past and future mental anguish, pain and suffering, and loss of companionship for the minor.

Call our Massachusetts birth injury lawyer experts 24/7 at 617-787-3700 or email us at info@gilhoylaw.com.

Posted in Boston Birth Injury Lawyer, Boston Medical Malpractice Lawyer, Boston Personal Injury Lawyer | Leave a comment

Michigan Man Settles Food Poisoning Lawsuit For Nearly $700,000.

Posted on November 13, 2015 by gil hoy

Many experts believe that nearly half of all food poisoning incidents go unreported. In addition, it is estimated that nearly one in four people suffer from food poisoning every year in the United States. This number is disturbingly high, especially when you consider that some food poisoning incidents result in serious injury and even wrongful death.  When a person has experienced the unfortunate situation of being poisoned by their food, one of the best ways for them to recover for their personal injuries is to bring a lawsuit against the party that prepared or sold the food.  To this, they will often have to consult with an experienced food poisoning personal injury attorney specialist.

This was precisely the situation one man from Worcester County, Michigan found himself in.  The man, who has asked not to have his name released, alleged that after eating food produced by the defendant, who also asked that their name not be a matter of public record, he experienced an E. coli infection.  E. coli infections can lead to a variety of ailments, including: fever, nausea, vomiting, stomach cramps, and bloody diarrhea.  One of the greatest risks of E. coli infections is that they are contagious, and can be spread to friends and family.  Fortunately, the man in this case addressed it rather quickly, but he still suffered acute renal failure and severe hypotension as a result of his infection.

In addition to his pain and suffering and medical expenses, the man also missed two months of work, which made it even more difficult for him to pay his bills and expenses resulting from the infection.  According to lawyersandsettlements.com, the man was awarded $695,000 for his pain and suffering, medical expenses, and lost wages.

If you or a family member have experienced food poisoning, you may know how painful and scary an experience it can be.  If it happened recently, you may be able to bring a civil lawsuit against those who served you the tainted food. Please call our Massachusetts food poisoning experts at info@gilhoylaw.com or call (617) 787-3700 to learn about your legal options. 

Posted in Boston Personal Injury Lawyer, Massachusetts Food Poisoning Injury Attorney | Leave a comment