Energy Drink Lawsuits on the Rise Due to Possible Link to Heart Defects.

Posted on November 6, 2015 by gil hoy

The law requires that goods that are sold in commerce be of a certain minimum quality.  This is particularly the case when the product is something edible.  Food and drink manufacturers and sellers are mandated by law to abide by strict parameters and regulations.  If a corporation intentionally sells harmful products, or unknowingly sells harmful products that it should have known were harmful, they may be held accountable for any injuries that result from ingesting or eating their product.

One food item that tends to get a lot of scrutiny for potential health risks is energy drinks, such as Red Bull, Amp, Rock Star, and Monster Energy.  It is sometimes suggested that their bursts of energy come with damaging side-effects, which can cause serious damage over time.

According to the American Academy of Pediatrics, US consumer consumption of energy drinks has more than doubled since 2008, and over one-third of teens consume energy drinks.  This is causing some health officials to be concerned because energy drinks have been linked to cardiovascular problems, such as high blood pressure, heart palpitations, cardiac arrest and death. There have already been multiple documented hospitalizations due to the consumption of energy drinks, most often for caffeine overdose, dehydration, and heat exhaustion. According to lawysersandsettlements.com, the Warning Network reported that more than 13,000 emergency room visits in 2009 were associated with energy drinks.

Congress and the FDA are reviewing energy drinks to see if they should demand that they reduce the amounts of sugar or caffeine in order to prevent so many hospitalizations.  Meanwhile, there have been an increasing number of lawsuits against energy drink manufacturers.  The first wrongful death lawsuit against an energy drink manufacturer was filed in 2012 by the family of 14-year-old Anais Fournier against Monster Energy Drinks.  Since then, there have been multiple wrongful death and other personal injury lawsuits filed, alleging that the drinks’ marketing campaigns and ingredients make them harmful to consumers, particularly teenagers.

If you or a family member have been injured because of a defective or harmful product, please contact one of our Boston product liability injury attorney specialists today. You may be entitled to money damages for your personal injuries.  Call 617-787-3700 or email us at info@gilhoylaw.com to learn all about your legal rights.

Posted in Boston Negligence Lawyer, Boston Personal Injury Lawyer, Boston Product Liability Lawyer, Boston Wrongful Death Lawyer | Leave a comment

Family Settles Wrongful Death Lawsuit After Man Dies From Helicopter Crash.

Posted on October 23, 2015 by gil hoy

Tragically, wrongful deaths occur too often and under a variety of circumstances. A wrongful death may result from wrongdoing or negligence which so seriously injures a victim as to cause his or her death. While nothing can make up for the pain that families experience after the loss of a loved one, legal remedies do exist to protect the rights and financial security of these individuals. Family members may be entitled to monetary compensation for the losses they incur as a result of the death of their loved one. In such a scenario, the expertise of a skilled Massachusetts wrongful death attorney is a necessity.

In 2013, Michael Donatelli was working as a cast member, consultant and narrator of the Discovery Channel military show “Lone Operator.” As a decorated Iraqi war veteran, Donatelli then went on to build his own security consulting firm. While on set, a helicopter that was also part of the production was flying too close to the ground when it hit a slope and killed Donatelli, a cameraman, and the pilot, David Gibbs.

According to The Los Angeles Times, Donatelli’s family filed a wrongful death lawsuit against the producers of the show, including Discovery and other companies. The lawsuit was recently settled; however, the terms are confidential. The Donatelli family alleged that the defendants were negligent in hiring Gibbs, the pilot of the helicopter. Furthermore, the family alleged that the defendants did not take proper safety measures in securing the area where filming occured. In the discovery phase, records were produced which showed Gibbs did not have permission from the Federal Aviation Administration to fly the helicopter in the early morning hours. Moreover, Gibbs had his pilot’s license suspended twice. He was even involved in an incident where he flew a helicopter into a power line while another show was filming. The accident that killed Donatelli was the worst film accident in Los Angeles County since 1982, when a crash occurred on the set of “Twilight Zone: The Movie,” killing an actor and his two children. Attorney Kevin Boyle represented the Donatelli family in this case.

When a loved one has died as a result of someone else’s negligence, it is critical to choose a qualified and experienced Boston, Massachusetts wrongful death lawyer. Call us today at 617-787-3700 or email us at info@gilhoylaw.com.

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Maryland Man Receives $28 Million After Medical Malpractice Incident.

Posted on September 29, 2015 by gil hoy

Each day, thousands of Massachusetts residents seek some form of medical care.  Even though this area boasts some of the nation’s leading hospitals, Massachusetts physicians and medical staff may still make mistakes and be held accountable for their actions, especially if their negligence unduly harms their patient.   The most common medical malpractice cases are attributed to medication errors, which affect over one million Americans each year.  Under Massachusetts medical malpractice law, victims are entitled to compensation for lost wages, medical expense reimbursement and rehabilitation expenses.  Medical malpractice victims are also entitled to compensation for emotional injuries, including pain and suffering and loss of companionship.  In such an event, an expert Massachusetts medical malpractice attorney is a necessity.

After suffering from severe abdominal pain, Gary B. Stern rushed himself to the hospital emergency room in May 2011.  He had a medical history of Crohn’s disease; however he had no significant health problems for over ten years and was healthy and fit at that time.  At the hospital, Stern was examined and treated by Todd Heller and Steven Epstein, two Maryland-based gastroenterologists. 

According to the Baltimore Sun, Stern filed a lawsuit against Heller and Epstein alleging that the abdominal pain he suffered was from an intestinal ulcer that was misdiagnosed.  The lawsuit alleged that the two doctors were negligent in diagnosing Stern’s symptoms as an exacerbation of his Crohn’s disease.  Moreover, they allegedly did not consider any other diagnoses and the subsequent surgeries caused the Crohn’s disease to flare.  Stern also alleged that after Heller and Epstein both misdiagnosed his abdominal pain, he suffered from a perforated ulcer, which led to over a dozen surgeries and nearly three years of hospitalization.  Stern now has short-bowel syndrome and is unable to work or care for himself.  The jury awarded Stern $28 million in damages: $14 million in future medical and life care expenses, $8 million in noneconomic damages, $5 million in damages to Stern’s marital relationship and more than $1 million in past medical expenses.  However, the $13 million of nonmedical damages will be reduced to $695,000 under a state law cap.  Nonetheless, this award will assist Stern and his family in obtaining a full-time caregiver as Stern is in a wheelchair and gets nutrition through a central feeding line.

When a Massachusetts doctor has negligently injured you or a loved one, contact our Boston, MA medical malpractice lawyer specialists today at 617-787-3700 or email us at info@gilhoylaw.com.

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