Actor Dennis Quaid testified before Congress yesterday about the terrifying ordeal that nearly killed his newborn twins last year. The infants were given an accidental overdose of the blood-thinning drug, Heparin (shortly thereafter, the drug made additional headlines when tainted batches from China killed dozens).

He and his wife are suing Baxter International, the maker of the drug, as they believe confusing labeling on the bottle caused the mix-up. They also argued that the drug should have been recalled after three other infants died, also of accidental overdoses. Baxter cited preemption in their motion to dismiss the Quaid’s lawsuit.

Before Congress, he urged lawmakers to protect the rights of average citizens, saying “ I believe that if preemption of lawsuits is allowed to prevail, it will basically make all of us, the public, uniformed and uncompensated lab rats.”

Here’s some video of Quaid talking preventive medical negligence-

The FDA, under the Bush Administration, has advocated the preemption of lawsuits. FDA Deputy Commissioner Randall Lutter said, “[The] FDA believes that the important decisions it makes about the safety, efficacy and labeling of medical products should not by second-guessed by state courts.”

Rep. Henry Waxman, D-CA, disagreed, saying, “One of the most powerful incentives for safety – the threat of liability – would vanish.”

Labels: Blog, Injuries, LegalNews, Malpractice, ProductDefect, Recalls, Safety, USCourts

Labels: Auto, Blog, Injuries, Safety, Trucking

Labels: Blog, Injuries, Safety

The AAA Foundation, the non-profit arm of AAA Auto Club, recently released its annual Traffic Safety Culture Index for 2008.

The survey, conducted on nearly 3,000 American motorists 18+, revealed a “do as I say, not as I do” mentality amongst most drivers.

75% of those surveyed feel that they are safer drivers than others out on our nation’s roadways; however, most admit to engaging in the same risky behavior they deem “serious or extremely serious” safety violations by others.

87% rate drunk driving as the number one concern they have about roadway safety; however, 9% (roughly 15 million adult motorists) admit to having driven under the influence within the past 30 days. This includes almost 2% that report doing it “very often.”

After drunk driving, 82% of participants rated distracted driving as the #2 concern for road safety. Yet, more than half, 54% of us, admit to having used cell phones while driving, and 14% admitted texting while driving.

74% of those surveys rated speeding as a concern, of which, 39% (2 out of 5) have exceeded the speed limit by 15 mph or more on our highways and 14% admit to exceeding the speed limit by 15 mph or more on our neighborhood streets.

Safe driving isn’t something that other drivers should worry about, it is something that EVERY driver should worry about. Even though 75% of those involved with the AAA Foundation’s survey deemed themselves safer drivers than others on the road, they admit to performing the exact behaviors that they criticized others for doing!

So even if you’ve used your cell phone a million times without incident, that doesn’t make it safe. Just because you’ve managed to get yourself home after a night at the bar, doesn’t mean you are a “good” driver when you are drunk. The facts are facts. 40,000 Americans are killed in automobile crashes, and millions of others are injured each year. Drunk and distracted driving, speeding and going without a seatbelt are dangerous acts and they can result in irreparable damage, not to mention serious legal implications- and trust me, juries hate drunk drivers.

Labels: Auto, Blog, Injuries, Insurance, Safety, Trucking

Labels: Auto, Blog, Injuries, Safety, Trucking

Labels: Blog, Injuries, LegalNews, Malpractice, Safety

Good Morning America did a report this morning on a Florida police officer that was fired after her on-board cam captured her veering all over the road, nearly clipping pedestrians and even hitting parked cars. Was the officer drunk behind the wheel? Nope, just tired.

Watch the police car weaving in and out of the lanes here.

You’d think that out of anyone on the road, a police offer could simply shake off the sleepies and maintain control of the vehicle. You’d just have to open a window, or turn on the radio, right? Wrong! In fact, a survey conducted on drivers involved in sleep-related driving incidents, showed the majority of drivers opened their windows and adjusted the radio, but still fell asleep behind the wheel.

Drowsy driving is impaired driving.

Turns out drowsy driving is dangerous, and a lot more widespread than previously thought. In that ABC report, 60% of us admit doing it, and 37% admit to actually having fallen asleep at the wheel! Nearly 2,000 Americans die each year in 56,000 drowsy driving accidents (NTSA). Those are scary figures, but they might not adequate depict how many people are actually involved in these types of incidents. A 2007 report from the National Sleep Foundation that says fatigued driving is largely unrecognized and unreported across the country.

It is also a big factor in many accidents involving big trucks and other types of commerical vehicles. Even with rules in place to limit a driver's on-the-road time, many find themselves under pressure to sleep less and drive more.

Find out more about how to detect and prevent drowsy driving, click here.

Labels: Auto, Blog, Injuries, Insurance, Safety, Trucking