Defective Products and Product Liability

Massachusetts Civil Laws

If you or someone you know has been injured by a defective product you may have claim against the manufacturer or the designer of the product or the retailer, wholesaler or distributor of the product. The consumer or buyer of the product is not the only one who has a claim for injuries caused by a defective product.

An end-user or someone borrowing a neighbor’s tool may also have a claim even if they did not purchase the product themselves. Additionally, an innocent bystander who had nothing to do with the purchase or use of the product may have a claim.

Bad Faith Insurance/Failure to Settle or Pay Insurance/Insurance Denial

Health claim form

The insurance industry has come under increasing scrutiny over the last decade. Lawmakers, legislatures, judges and the courts are realizing that insurance companies are operating more and more like businesses that are only interested in bottom-dollar. This bottom-dollar-thinking often leads to the insurance company putting their interests above their insured’s interest or the injured’s interests. More and more insurance companies are actively engaging in practices that seek to maximize profits at the expense of their policyholders or the injured party.

Accidents Involving Inflatable Slides, Castles, Bouncy Houses, Obstacle Courses, and Moonwalks

Water slide

The Consumer Product Safety Commission documented 18,000 injuries in 2012 as a result of inflatable moon bounces and houses. In 2012 The Center for Injury Research and Policy published a study in journal Pediatrics finding that “31 children per day on average were seen in emergency departments for an inflatable bouncer-related accident.” The study went on to say that the average patient was 7 years old and that the most common injury was a leg or arm fracture or sprain while 20 percent of all visits to the emergency room involved head or neck injuries. These injuries have only been on the rise of late.

Coordination of Benefits: The Relationship Between PIP, MedPay, MassHealth, Medicaid, Medicare and ERISA Health Plans

Health insurance form

Understanding your rights and insurance coverage benefits is not always easy and oftentimes, insurance companies make pursuing your rights harder than it has to be. The information below explains how different types of medical insurance coverage benefits that accident victims in Massachusetts may be entitled to receive.

Ligament, Tendon, And Muscle Injuries

Accident Insurance Claims Attorney

You will need an experienced Massachusetts accident lawyer to get you the compensation you deserve — one who will work hard to obtain you a fair settlement but is willing and able to go to trial on your behalf as well. At the Law Offices of Gerald J. Noonan, we care about getting our clients the compensation they need to get the medical treatment they deserve both now and in the future. Our personal injury attorneys will aggressively pursue your claim compiling a case that clearly establishes the liability of any party at fault.

Arm and Elbow Injuries

Broken Arm Fractures

The arm is a very complicated structure and is capable of lifting and carrying great amounts of weight and bending in all types of directions. We rely heavily on our arms. Our arms play a major role in helping us perform some of our basic daily functions. They also allows us to swing a golf club, shoot a basketball and perform some of the many other activities that rely on the arms. The arm consists of three bones, two joints and several muscles, tendons and nerves. All these parts play an important role in helping the arm function. Without the proper care or treatment an injury to one area can result in complications that will affect to entire arm.

Dislocated Elbow

Elbow Tendons and Ligaments

There are two types of dislocated elbows: a partial dislocation (subluxation) and a complete dislocation. A partial dislocation occurs when the ulna bone and or radius bone partially separates from the humerus and elbow joint. A complete dislocation occurs when the ulna bone and or radius bone completely separates from the humerus or elbow joint.

Biceps Tendon Tear at Elbow

Elbow Tendons And Muscle Injuries

A biceps muscle will not grow back after it tears away from the forearm bone. Someone with a torn lower bicep will have to rely on other muscles to help stabilize the elbow, bend the arm and rotate the forearm. A torn lower biceps can result in a 30% reduction in elbow bending strength and a 40% reduction in forearm rotation strength. We rely heavily on our biceps and a lower biceps tear can have a serious impact on our day-to-day lives.

Ulnar Nerve Entrapment Injury

Ulnar Nerve Impingement and Entrapment Injuries

Ulnar nerve injuries are caused by trauma, the aging process and pressure. The most common cause of ulnar nerve injury is ulnar nerve entrapment. The ulnar nerve can get entrapped or compressed (impinged) on its way from the shoulder to the hand. Ulnar nerve entrapment or compression occurs most frequently at the elbow.

Radial Head Fracture At The Elbow

Elbow Joint And Bone Injuries Caused By Accidents

Radial head fractures are a common fracture and they account for approximately 20% of all elbow fracture injuries. People between ages of twenty and forty are most prone to this type of elbow fracture. Women are more likely to sustain a broken radial head.

This injury is so common because it is often associated with slip and fall accidents. Our instinct tells us to stick an arm or hand out in order to brace for a fall. Often times when we do this our elbow either sustains a direct impact or an indirect impact which occurs when the impact from a fall travels up the hand, to the forearm and into the elbow joint.

Distal Humerus Fracture at the Elbow

Elbow Joint And Bone Injuries Caused By Accidents

A broken distal humerus occurs when there is a fracture in the bottom end (distal region) of the humerus bone. This region is also known as the humeral head. A fractured distal humerus is a kind of elbow fracture. A fracture in one of the three bones that make-up the elbow joint will constitute an elbow fracture.

Fractured Proximal Humerus (Broken Arm)

Broken Arm Humerus Bone

Five percent of all fractures involve the proximal humerus. People sixty-five years and older sustain more proximal humerus fractures than any other kind of fracture expect hip and wrist fractures. The top of the humerus is also known as the humeral head. The humeral head connects with the shoulder blade to form the shoulder joint.

Broken Shoulder Blade (Scapula Fracture)

Broken Shoulder Blade Accident Lawyers

Scapula fractures represent less than one percent of all fracture injuries. That is because a great amount of force is usually required in order to cause cause a broken shoulder blade. Scapula fractures are usually the result of blunt trauma caused in heavy impact collisions like car accidents, truck accidents, motorcycle accidents and slip and fall accidents. In fact the majority of scapula If there was enough trauma to cause a fractured collarbone then it is likely that other parts of the upper body sustained an injury. 80 percent of the time a broken scapula comes with a collarbone, sternum, rib, arm, head and lung injuries.

Broken Collarbone (Clavicle Fracture)

Shoulder and Collar Bone Injuries

A broken clavicle causes significant pain to the affected area and makes it difficult to move the arm and shoulder. Often times the skin around the collarbone will be swollen, tender and bruised. A popping or crackling noise can result when attempting to raise your hand. A bulge, bump or some other deformity will exist above the clavicle. This is the displaced bone. A compound fracture could cause the bone to pierce the skin. A clavicle fracture will also cause the shoulder to sag.

Separated/Dislocated Shoulder

Shoulder Injury Accidents

There is a difference between a separated shoulder and a dislocated shoulder. It’s important to distinguish a separation from a dislocation because each injury has its own treatment. The mobility and flexibility that gives the shoulder the ability to twists, turn and reach in multiple directions also makes it susceptible to injuries. The location and symptoms of the injury will determine whether it is a dislocation or separation.

Biceps Tendon Tear At The Shoulder

Shoulder Injury Bicep Tears and Bursitis

The biceps muscle and tendon are located at the front upper arm. The biceps helps stabilize the shoulder and allows the arm to bend at the elbow. The long and short head bicep tendons can sustain partial tears or complete tears. Partial tears are also know as partial thickness tears or frays. These tears do not completely tear the tendon in two. Complete tears are also known as full thickness tears. Full thickness tears rip the tendon into two pieces disconnecting the biceps from the shoulder.

Labral SLAP Tear (Shoulder Socket Injuries)

Shoulder Injury Accidents

The shoulder joint socket is very shallow and therefore unstable. The glenoid is the part of the shoulder blade (scapula) that makes up the socket. The labrum (glenoid labrum) is a layer of tissue/cartilage that lines the shoulder socket. The labrum in effect turns the shallow socket into a deeper socket. This gives the ball, or the head of the humerus bones (humeral head), more room to fit into the socket. The labrum stabilizes the ball-and-socket shoulder joint by keeping the ball (humeral head) in the socket (scapula).

Torn Labrum (Shoulder Socket Injuries)

Shoulder Injury Accidents

The shoulder joint socket is very shallow and therefore unstable. The glenoid is the part of the shoulder blade (scapula) that makes up the socket. The labrum (glenoid labrum) is a layer of tissue/cartilage that lines the shoulder socket. The labrum in effect turns the shallow socket into a deeper socket. This gives the ball, or the head of the humerus bones (humeral head), more room to fit into the socket. The labrum stabilizes the ball-and-socket shoulder joint by keeping the ball (humeral head) in the socket (scapula).

Frozen Shoulder

Shoulder Injury From Accident

Frozen shoulder, or adhesive capsulitis, is a shoulder condition that causes pain in the shoulder joint and immobilizes the shoulder by significantly reducing its range of motion. Often times the shoulder has to be completely immobilized when someone suffers a rotator cuff injury or shoulder fracture. For instance a sling is used to immobilize an injured shoulder. Immobilization allows the injury to set because constant motion aggravates the underlying injury. It can take two –four months for a shoulder fracture injury to heal.

Bursitis/Subacromial Bursitis

Shoulder Injury Bicep Tears and Bursitis

The shoulder is comprised of three main bones. The humerus (upper arm bone), Scapula (shoulder blade) and Clavicle (collar bone) all merge to form a ball-and-socket joint. The end of the humerus (also known as the humeral head) meets with the scapula. The scapula in turn joins with the clavicle. These three bones are connected by ligaments.

Rotator Cuff/Shoulder Impingement Syndrome

Rotator Cuff Injuries

Impingement syndrome occurs when the surrounding bones are knocked out of alignment or compress or pinch the muscles and tendons of the rotator cuff. Car accidents, truck accidents, motorcycle accidents, slip and fall accidents and other trauma related accidents can cause this compression. Consistent compression and pinching can irritate and inflame the rotator cuff muscles. Consistent compression reduces the blood flow in the muscles. Reduced blood flow hardens the muscle which reduces elasticity and causes the muscle tissue fray.Lifting your hands above your head, moving your hands behind the back of your head and other shoulder movements can perpetuate this cycle of compression/pinching and painful inflammation and irritation.

Rotator Cuff Tear

Shoulder Injury From Accident

The Rotator Cuff mainly consists of a group of tendons and four muscles that connect the upper arm bone (humerus) to the shoulder blade (scapula). Additionally, the tendons of the rotator cuff help stabilize the shoulder while the muscles facilitate rotation and movement of the shoulder. Rotator cuff tears are the most common shoulder injury. The rotator cuff consists of the following muscles: teres minor, infraspinatus, supraspinatus and subscapularis.

Rotator Cuff Injuries

Rotator Cuff Injuries

The rotator cuff can be injured in a slip and fall accident especially if someone sticks a hand out to brace for a fall and lands hard on the hand and arm. Rotator cuff injuries are common in car accidents and truck accidents. In the case of front-end collisions and side-impact accidents the driver will see the accident coming and will usually grip the steering wheel tight in order to brace for impact. This is can also be the case in rear-end accidents if the driver happens to see the accident coming in his or her rear view mirror. Most of the force generated by the impact in these collisions gets absorbed by the shoulders and rotator cuffs.

Shoulder Injuries

Shoulder Injuries Caused By Accidents

The shoulder is one of the most movable and mobile joints in the body. Whether it’s swinging a golf club, shooting a basketball, combing your hair, brushing your teeth, or pouring a glass of milk we rely heavily on our shoulders in everyday life. However, the flexibility, versatility and mobility of the shoulder is source of instability. The things that make the shoulder so useful and important also make it vulnerable to injury. The shoulder is susceptible to the following injuries and conditions: fractures, tears, separations, dislocations, sprains, strains, arthritis and tendinitis.

Knee Injuries – MCL Tear and LCL Tear Injury

Knee Injuries

The medial collateral ligament (MCL) and the lateral crucial ligament (LCL) are two of the four ligaments that stabilize the knee joint. Both are located on the sides of the knee. The MCL is located on the inside of the knee while the LCL is located on the outside of the knee. The MCL and LCL, also known as the collateral ligaments, control the sideways movement and stability of the knee.

Knee Injuries – PCL Tear Injury

Knee Injuries

The posterior cruciate ligament (MCL) is located in the back of the knee. It is one of four ligaments that form the knee joint by connecting the femur (thighbone) to the tibia (shinbone). The posterior cruciate ligament helps stabilize the knee by preventing the tibia from moving backwards too far.

Knee Injuries – ACL Tear Injury

Knee Anterior Cruciate Ligament injury

ACL tears are one of the most common knee injuries. ACLs are susceptible to tears when they are subjected to quick or intense twisting. These types of movements subject the ACL to tremendous stress which causes tears or strains. An ACL can either tear, rupture or sprain.