Nestle Prepared Foods Co. has issued a recall for 900,000 pounds worth of Lean Cuisine brand frozen chicken dinners due to reports of the meals containing small chunks of blue plastic. The USDA considers the blue plastic to be a potential health threat and has ranked the recall as Class I, which is a "health hazard situation where there is a reasonable probability that the use of a product will cause serious, adverse health consequences, or death." So far three specific dinners have been found to contain the plastic: Cafe Classics Pesto Chicken with Bow Tie Pasta, Spa Cuisine Chicken Mediterranean and Dinnertime Selects Chicken Tuscan.
The following meals and production codes are included in the recall.
9.5-ounce packages of Cafe Classics Pesto Chicken with Bow Tie Pasta brand frozen meals. Printed on the side of each package is a production code of 8280595912 as well as a use-by date of "Best Before May 2010."
10.5-ounce packages of Spa Cuisine Chicken Mediterranean brand frozen meals. Printed on the side of each package is a production code of 8231595912 or 8241595912 as well as a use-by date of "Best before Sept. 2010"; a production code of 8263595912, 8269595911 or 8274595912, as well as a use-by date of "Best before Oct. 2010"; or, a production code of 8291595912 or 8301595912 " as well as a use-by date of "Best before Nov. 2010."
12.5-ounce packages of Dinnertime Selects Chicken Tuscan brand frozen meals. Printed on the side of each package is a production code of 8234595911 and a use-by date of Best before Sept. 2009; a production code of 8253595911 or 8269595912 as well as a use-by date of Best before Oct. 2009; or a production code of 8292595911 or 8296595911 as well as a use-by date of "Best before Nov. 2009."
An Illinois train line has agreed to pay $11 million to the families of two women who were killed when a speeding train derailed in Chicago in 2005.
The fatal accident occurred when the train's engineer sped through a 10 mph crossover at 69 mph. More than 100 of the 185 passengers on the rush hour train were injured.
If you or someone you care about was injured in a railroad accident, you should speak with the attorneys of Munley, Munley & Cartwright immediately. We have extensive experience in public transportation accidents and have a special transportation Website devoted exclusively to the topic. Call 1-800-318-LAW1 today.
Tyco Healthcare Group LP has issued a recall on one lot of ReliOn sterile, single-use, disposable hypodermic syringes with permanently affixed hypodermic needles due to possible mislabeling.
The syringes may contain an overdose of as much as 2.5 times the intended dosage of insulin. This can result in hypoglycemia and even death.
The recalled lot number and product information is as follows: Lot Number 813900, ReliOn 1cc, 31-gauge, 100 units for use with U-100 insulin. The syringes are distributed by Can-Am Care Crop and sold at Wal-Mart and Sam's Clubs.
Customers are asked to return the mislabeled syringes to the pharmacies to receive a replacement product.
So far only one injury has been reported due to the mislabeling.
Motorcycle accidents during the past 12 months have killed more Marines than combat duty in Iraq, a new report says.
The alarming death rate has prompted military officials to call a meeting to address the issue. Since last November, 25 U.S. Marines have died in motorcycle crashes, compared to 20 Marines killed during fighting in Iraq. All but one of the motorcycle wrecks involved a so-called "sport bike," which can easily exceed 100 mph.
If you have been injured in a motorcycle wreck through no fault of your own, you need the legal help of Munley, Munley & Cartwright. Contact our personal injury lawyers today at 1-800-318-Law1.
A New Jersey jury has awarded $25 million to a patient who suffered severe brain damage after his headaches were misdiagnosed.
The man, Robert Wood Johnson, alleged he went to a hospital in 2001 because of headaches, and that doctors failed to discover his brain aneurysm, instead concluding he suffered from a mental disorder.
The medical mistake left Johnson severely and permanently disabled, his lawyer said. Johnson's right arm and leg no longer function and he needs assistance to eat and breathe.
If you or someone you care about has been injured by the carelessness of a medical professional, you should speak with one of the experienced medical malpractice attorneys at Munley, Munley & Cartwright. Call 1-800-318-LAW1 today for a free consultation.
A nonprofit group, Institute for Safe Medication Practices, said 1,001 serious incidents involving Chantix, an antismoking drug, were reported in the first quarter of this 2008 -- more than the combined adverse events for the top ten most-prescribed brand-name drugs.
The latest incidents involving Chantix include reports of patients blacking out while driving a car. The information may prompt the Food and Drug Administration to call for tougher warnings on the Pfizer Inc. drug.
Chantix has already been linked to serious psychiatric side effects such as depression and suicidal behavior. Chantix had $883 million in sales during 2007, but sales are off sharply this year, in part because of the negative publicity surrounding the product.
If you have been harmed by your use of Chantix, immediately call one of our pharmaceutical injury lawyers for a free consultation.
As reported last week by the Associated Press, a recent U.S. safety study showed that hundreds of thousands of commercial drivers should not be behind the wheel due to medical conditions. The Government Accountability Office determined that approximately 563,000 commercial drivers were eligible for full disability based on health issues.
More disturbing information regarding the health and safety of U.S. highways has just been released regarding fraudulent medical certificates for commercial drivers. An article on Sci-Tech Today.com highlights the House Transportation and Infrastructure Committee's study which found that, due to a lack of regulations and enforcement, it is "relatively easy" to get around the required physical examination for commercial drivers.
The study was based on a sampling of 614 commercial drivers stopped at roadside inspections in California, Illinois, and Ohio. Only 407 of the 614 medical examiners listed on the certificates could be verified. These findings come despite suggestions made in 2001 by NTSB to regulate the Medical Certification process.
These recommendations include "that examiners who certify drivers as medically fit be qualified and know what to look for, that a system be set up to track medical certificate applications and prevent drivers from doctor shopping, and that a mechanism be provided for reporting drivers with potentially debilitating medical conditions."
The House Transportation and Infrastructure Committee's study is expected to be released at a hearing on Thursday.
According to a recent study by the Insurance Institute for Highway Safety, despite states’ efforts to outlaw teen drivers from chatting on their cell phones, it is occurring at the same level as before the bans went into effect.
Earlier this week, researchers released the finding of an in depth look at North Carolina’s teen driver cell phone ban. They found that even though 95% of parents and 74% of teens support the ban, the new law isn’t reducing the number of teens using their phones while driving. Prior to the ban going into effect, researchers observed 11% of teens leaving high schools with one hand on the wheel, one hand on their phone. Then, after the ban was passed, researchers went back to the same high schools and observed 12% of teens chatting away while driving.
Researchers found that females were more likely than their male counterparts to be using cell phones while driving. Teens observed driving SUVs were more likely to be chatting than teens driving cars. However, teen drivers were less likely to be using their cell phones if they had friends in the car, compared with those driving alone.
So far, 17 states and the District of Columbia have passed laws banning the use of cell phones and other communication devices by novice, teen drivers. This is in response to the fact that auto accidents are the number one killer of teenagers in the United States, and that teens are three-times more likely to die in a car crash than all other drivers. With the passage of the bans, lawmakers were hoping to curb this upward trend by keeping inexperienced drivers’ attention on the road, rather than what Kimmie is wearing to the dance on Friday night. After all, distracted driving, including driving while talking on a cell phone, is proving to be as risky of driving drunk.
However, despite the good intentions, the laws have yet to make a measurable impact. Some argue that it is just too early in the process to determine whether or not they are working. Others, say the bans are just simply unenforceable. In North Carolina, 71% of teens and 60% of parents felt as if enforcement of the bans is rare or non-existent. Only 22% of teenagers and 13% of their parents believed the laws were being enforced fairly often or a lot.
For a list of state law governing cell phone usage by teen drivers, click here.
According to a recent study by the Insurance Institute for Highway Safety, despite states’ efforts to outlaw teen drivers from chatting on their cell phones, it is occurring at the same level as before the bans went into effect.
Earlier this week, researchers released the finding of an in depth look at North Carolina’s teen driver cell phone ban. They found that even though 95% of parents and 74% of teens support the ban, the new law isn’t reducing the number of teens using their phones while driving. Prior to the ban going into effect, researchers observed 11% of teens leaving high schools with one hand on the wheel, one hand on their phone. Then, after the ban was passed, researchers went back to the same high schools and observed 12% of teens chatting away while driving.
Researchers found that females were more likely than their male counterparts to be using cell phones while driving. Teens observed driving SUVs were more likely to be chatting than teens driving cars. However, teen drivers were less likely to be using their cell phones if they had friends in the car, compared with those driving alone.
So far, 17 states and the District of Columbia have passed laws banning the use of cell phones and other communication devices by novice, teen drivers. This is in response to the fact that auto accidents are the number one killer of teenagers in the United States, and that teens are three-times more likely to die in a car crash than all other drivers. With the passage of the bans, lawmakers were hoping to curb this upward trend by keeping inexperienced drivers’ attention on the road, rather than what Kimmie is wearing to the dance on Friday night. After all, distracted driving, including driving while talking on a cell phone, is proving to be as risky of driving drunk.
However, despite the good intentions, the laws have yet to make a measurable impact. Some argue that it is just too early in the process to determine whether or not they are working. Others, say the bans are just simply unenforceable. In North Carolina, 71% of teens and 60% of parents felt as if enforcement of the bans is rare or non-existent. Only 22% of teenagers and 13% of their parents believed the laws were being enforced fairly often or a lot.
For a list of state law governing cell phone usage by teen drivers, click here.
When I pulled up to my favorite restaurant last night, I noticed a sign on the door, “We, like many other restaurants, will not be serving fresh tomatoes due to the salmonella outbreak.” Now, I have heard about the outbreak in the news, but hadn’t realized its scope until I got my favorite entrée sans tomatoes.
Since mid-April there have been nearly 150 cases of salmonellosis, a rare type of Salmonella Saintpaul posioning, linked to raw red plum, red Roma and/or round red tomatoes (according to the FDA, grape and cherry tomatoes as well as those still attached to the vine are still safe to eat). At least 23 have been hospitalized and illnesses have been reported across 17 states, making this the biggest food scare since the tainted spinach fiasco of ’06. The source of the tomato contamination has yet to be identified.
In the wake of the FDA warning, restaurants and supermarkets across the country are pulling the summer staple trying to ensure the safety of their customers.
If you have any of these tomatoes at home, best advice is to toss them in the trash or take them back to the place where you purchased them. Salmonella is passed when human or animal fecal matter comes in contact with food. In case that visual isn’t gross enough, the severe, flu-like symptoms that follow are enough to keep anyone away from these types of tomatoes. But, if you decide to go against the FDA’s advice and all conventional wisdom by eating the tainted treats, remember to wash them thoroughly, remove the part that is attached to the plant and the button on the other side and cook them at a minimum of 145 degrees. No matter how much of a daredevil you are, don’t try to eat them raw- its just not safe.
This latest breakdown of safety in our nation’s food chain should serve as a good reminder to remain vigilant when dealing with food. Properly cooking meat, poultry and eggs, and washing produce are generally the best methods to prevent illness. Keep your hands and kitchen surfaces clean to prevent cross-contamination.
If even after you take these precautions, you get sick- report the illness to the FDA. This is a very important step to identifying the source of the sickness and preventing others from falling ill.
According to an article from the Associated Press, when Big Pharma has a job opening- the first place they look is the FDA.
The former stewards of public health are extremely valuable to drug companies, because of their crucial experience. But what is good for Big Pharma is not always good for America.
With the FDA coming under fire just about every week now and paychecks that pale in comparison to what the world’s largest drug-makers can provide, some of the agency’s top scientists are leaving for greener pastures.
The problem? The FDA is already stretched thin with the departure of many Baby-Boomers and increased competition for science graduates. Now that other top-level personnel are jumping ship to Big Pharma, the FDA is left with a leaner, less experienced and less-confident staff, and tasking them with keeping America safe. The scenario has been dubbed the "FDA brain drain."
Steve Brozak, an analyst with WBB Securities, told the AP, "What you have now is a big sucking sound of these staffers leaving FDA and going into the more lucrative side of the business or packing it in and retiring entirely. This cannot have any positive effect whatsoever."
This is leaving the leadership of the agency scrambling to find bodies to fill the vacancies.
Those left behind are less confident about putting new drugs onto the market in light of more recent fiascoes like tainted heparin and Vioxx. And the dwindling numbers also mean that increase of the much-needed food and drug manufactures inspections are little more than a hoop dream.
Well, it’s that time of year again- school’s are letting out and the lazy, hazy days of summer are finally in sight.
With time to waste, many kids are going to be hitting local playgrounds. While playgrounds offer kids a great opportunity to keep active and socialize, a poorly maintained playground could also be dangerous.
Before you unleash your kids at the local playground, make sure it lives up to your standard of safety. Just remember to play it S.A.F.E.!
S= Supervision
Supervision is a critical component to a child’s safety, especially at playgrounds. By keeping a watchful eye over what the kids are up to, parents or supervising adults can help prevent injuries.
In some cases, children are seriously injured at the playground, but have no adults with them at the time! The National Program for Playground Safety urges parents and adults to follow the ABC’s of Supervision- Anticipate preventable problems and hazardous situations. Behavior means being alert and attentive. Despite the type or Context of the play area, whenever children are on the playground, adults should be present.
A= Age-Appropriate Design
Not all play areas are built the same. Different equipment is built for kids of different age groups. Since younger children are less physically developed and adept than their older counterparts, make sure youngsters stick to the structures that are right for them.
Kids between 6-23 months should play in areas that have space to move and explore. Appropriate play areas for this group should provide places to crawl, stand, and walk without the risk of falling.
2-5 year olds should play in areas that include areas to crawl, low platforms with multiple access such as ramps and ladders, ramps with pieces attached for grasping, low tables for sand, water and manipulation of materials; tricycle paths with various textures, flexible spring rockers, sand areas with covers and slides no taller than 4 feet.
Depending on their abilities, kids between 5-12 are able to use the largest equipment on the playground, including the large slides, seesaws and monkey bars. However, parental supervision is still necessary!
F= Fall Surfacing
Kids fall, that’s what they do. That’s why it is so important that your playground be outfitted with a proper fall surface, in order to minimize the risk of serious injuries. Acceptable loose-fill materials are pea gravel, wood chips, sand and shredded rubber. Loose-fill should be at least 12 inches deep. Acceptable synthetic surfaces include rubber tiles, rubber mats and certain synthetic poured surfaces.
Playground surfaces, including the fall surfaces, are often exposed to direct sunlight. That means, depending on the climate where you live, they can reach 100-150 degrees. That much heat can cause serious burn injuries. To prevent injury, kids should always wear shoes and other protective clothing.
E= Equipment Maintenance
Before you let your kids hit the playground, go through and do a visual inspection of the equipment and fall surfacing. Make sure they are in good working order, meaning wooden structures are not splintered or fractured, metal equipment is free from rust and other deterioration and plastic structures should be crack-free. In addition, nothing should appear broken or in disrepair, there should be no large gaps or sharp objects in play equipment and garbage should be removed frequently.
Remember summer time is a fun time, and playgrounds are important places for children as they grow and develop. With a young child, the risk of injury is around every corner, but by empowering yourself with knowledge and following the above safety tips, you and your family will be able to enjoy the best of what summer has to offer!
According to an article from Prevention Magazine, doctors often overlook women’s stroke risk, leaving them more vulnerable to the life-threatening condition than men.
Today researchers are working hard to raise awareness of female risk factors for stroke, also called “brain attacks”.
Dr. Lewis Morgenstern, MD, director of the stroke program at the University of Michigan Medical School, told Prevention, "We all learned in medical school that strokes and heart attacks are male problems. The reality is far different."
In fact, women aged 45-54 are twice as likely as their male counterparts to suffer a stroke. However, a woman’s symptoms are usually diagnosed slower and treated less aggressively than a man’s.
Don’t allow you or your loved one to loss precious time because of this gender gap! The moments that pass between the stroke’s onset to treatment could be the difference between life and death, or permanent impaired. Stoke misdiagnosis occurs everyday, but the more you know about the risk factors and symptoms of a stoke, the better prepared you will be to handle this emergency situation.
If you have any of these risk factors, talk to your doctor about taking steps to reduce your chance of having a stroke:
1. Having High Cholesterol 2. Being on Birth Control Pills Could Double Your Risk 3. Undergoing Hormone Replacement Therapy 4. Suffering from Sleep Apnea 5. Suffering Migraine Headaches with Aura 6. Having a Blood-Clotting Disorder
Look for these tell-tale stroke warning signs:
1. Sudden Numbness or Weakness in the Face, Arms, Legs or One Side of Your Body 2. Sudden Confusion, Trouble Speaking or Understanding 3. Sudden Difficulty Seeing Through One or Both Eyes 4. Sudden Dizziness, Disorientation or Difficultly Walking
If you or someone you know if suffering from these sudden on-set symptoms, seek medical attention immediately. The faster they receive treatment, the better their chances for recovery. We all know what we can do live healthier, safer lives- getting regular exercise, eating plenty of fish and veggies, avoiding smoking and excessive alcohol consumption and, of course, not smoking! However, making a change in lifestyle can be overwhelming and difficult. If you are having trouble, enlist your doctor’s help and try to find a buddy that is ready to make the change with you- this isn’t something you have to do on your own!
Once you have given notice of your injury to your employer, their insurance carrier has 21 days under the Workers’ Compensation Act to either accept or deny your claim for benefits. During this period of time, you are basically in limbo.
To accept the claim, the insurance carrier needs to file either one of two notices with the Bureau in Harrisburg. The first notice is a notice of temporary compensation payable. As the name implies, this notice temporarily accepts the claim for a period of 90 days to give the insurance carrier additional time to investigate your claim before making its final determination.
Prior to the end of the 90-day period, if the insurance carrier wishes to deny your benefits, they are required to file notice stopping temporary compensation. If the insurance carrier does not file the notice stopping the temporary benefits in the allotted time, the temporary notice will be automatically converted to a notice of compensation payable.
To accept the claim with no future investigation, the insurance carrier is required to file a notice of compensation payable. Both of these documents must list the accepted injury and also provide you with the name, address, telephone number and claim number from the insurance carrier.
It is also important to keep these documents in a safe and convenient place. These documents are the official documents accepting your claim for benefits.
To deny the claim, the insurance carrier needs to file a notice of denial with Harrisburg. On this notice they are required to list their reason for the denial by checking one or more of five general reasons or completing number 6 including their own written reason.If you receive a notice of denial and want to pursue a claim for your injury, at that point you will need an experienced workers compensation attorney to file a claim petition on your behalf and start the litigation process.
Pfizer’s new smoking cessation drug, Chantix, has hit a few bumps in the road since it received FDA approval in May 2006. The drug’s sales have been stumbling since this the FDA announced new label warnings were necessary due to increasing evidence that drug triggers changes in behavior and suicidal tendencies in some patients. Now, other potentially dangerous side effects are coming to light, but you wouldn’t know it from their adorable television commercials.
On Wednesday, a study was released by the not-for-profit organization, the Institute on Safe Medication Practices. It blasted the drug for adverse reactions such as “serious accidents and falls, potentially lethal cardiac rhythm disturbances, severe skin reactions, acute myocardial infarction, seizures, abnormal muscle spasms/movements, visual disturbances, diabetes, sudden losses of consciousness, psychosis, aggression and suicide.” The drug accounted for 988 reports of serious injuries in the 4th quarter of 2007, more than any other drug in that period. In fact, 35 other drugs made up all the remaining 100 reports for the quarter. The Institute recommended that the drug be banned in all settings “where a lapse in alertness or motor control could lead to massive, serious injury.”
Hours after the ISMP’s study was released, the Federal Aviation Administration announced they would ban the drug for all pilots and air traffic controllers. Yesterday, the agency that oversees the trucking and busing industries, the FMCSA, requested that medical examiners “not qualify anyone currently using this medication for commercial motor vehicle licenses.”
The FDA has yet to announce any new action. Agency spokesperson, Susan Cruzan, said they would continue to focus on the drug’s link with neuropsychiatric side effects. “The agency has chosen to focus its current safety reviews on issues relevant to psychiatric adverse events but will continue to review other ADEs [adverse drug events] over time,” she told the press.
On Wednesday, drug-maker, Pfizer, minimized the information released in the ISMP’s report, saying most of the events reported were “infrequent” or “rare.” The company said the serious side effects are already listed on the drug’s warning labels, and over 5.5 million Americans have used the drug. Granted, just because 20 million Americans used Vioxx, didn’t make it safe. Prescriptions of Chantix were last month by over 23% on last year. And sales estimates on the drug have been cut by more than 20% this year, 42% next year and at least 50% the following year.
To learn more about prescription injuries, click here.
Usually when you hear about a bug truck crash, it is usually within the continental U.S. However, this wreck reminds us that a collision with tractor-trailers can happen anywhere- even paradise. In fact, crashes involving large trucks have been on a steady increase in Hawaii for the past 5 years. Check out the stats from the Federal Motor Carrier Safety Administration here.
In yesterday’s crash, police received a call at 4:12pm about a 1989 Peterbilt speeding, drifting off the road and recklessly crossing the solid line to pass other vehicles. Just minutes later, the massive vehicle rear-ended a small Toyota pick-up, then proceeded to smash into a Honda Accord, pushing it into a Dodge Durango. Several other vehicles were left strewn across the roadway. The tractor-trailer finally came to a stop on the shoulder of the opposite side of the highway.
Seven people, including the trucker, were taken to a local hospital. The injuries did not appear to be life threatening. In the wake of gruesome scene, traffic was snarled until after 6pm last night. Capt. Charles Hirata of Lahaina Patrol told the press, “It could have been a lot worse. The most important thing is nobody was killed.” Every 16 minutes someone is injured or killed in a crash with a big truck. Though most truckers are qualified, responsible drivers, there are more then a few bad eggs. When tractor-trailers are driven recklessly on our roadways, we are all at risk. To learn more about what you can do to help keep your family safe on our nation’s roadways, click here.
It is frightening to think that each day 5 children are killed in automobile accidents- and another 586 will suffer injuries. It is even scarier to consider 1700 kids die a year, almost half of which are unrestrained passengers.
By simply securing your child in a car safety seat, you can reduce the risk of fatal injury by 71% for infants under one, and 54% for toddlers between one and four years old.
For some, installing a child safety seat can be an arduous task. Perhaps that’s why as many of 85% of car seats are installed incorrectly or are not the right size for the child. By following these simple guidelines, we can help you keep your family safe.
1. Always read & follow the instructions from the manufacturer of the seat. 2. Remember to send in the registration card- this will be important is the seat is recalled. 3. Children under 12 should sit in the backseat, doing so reduces the risk of serious injury by 40%. 4. Car seats for children under 20lbs should always face backwards. 5. Never place a backward facing seat in front of an airbag. 6. The shoulder straps of the car seat go in the lowest slots for infants riding backward, and the highest slots for children facing forward. 7. The retainer clip should be placed at arm pit level to keep harness straps on the shoulders. 8. Harness straps should be snug. So snug that you cannot fit more than one finger at the child's collarbone. 9. Check the owner's manual for your car to see if you need to use a locking clip or some additional piece of equipment to keep the safety seat secure. 10. When the car seat is installed, be sure it does not move side-to-side or toward the front of the car.
Remember to continually check your car seat for evidence of damage such as cracked plastic, frayed straps, stiff adjusters or broken buckles. Never use a car seat that has been in an accident, it is no longer safe. Don’t be tempted to save money by buying a used car seat. There is no way to tell if the seat has been damaged in an accident. If you can’t afford a car seat, contact the National Highway Traffic Safety Administration or the National SAFE KIDS campaign.
Every parent knows that you can’t protect your child from everything, but when it comes to auto safety, there is something you can do. Keep them safe, buckle them up!
Throughout the year, the State Police offer inspections of child car seats. To find the next inspection near you, click here.
Wondering if your seat has been recalled? Call the U.S. Department of Transportation Auto Safety Hotline for an up-to-date list of recalled seats that need repair, 1-800-424-9393.
The summer season is pool season. Many of us will shed the layers of clothes we’ve been hiding under all winter to soak up some sun and catch a few waves (or, if you are more like me, find a giant raft to lazily float around on!)
Pools can be a lot of fun, but we all know that they pose a lot of risks, too. The risks are even greater when there are children involved. Accidental drowning is the #2 killer of children up to the age of 14. So as you are gearing up for pool season this year, remember to take into account the potential dangers that are lurking in the water, and prepare your kids to have fun- safely!
Here are some tips: 1. (This is a no-brainer) Never leave your kids unattended in or around the water, and make sure an adult is present at all times. Don’t let another child supervise.
2. Make sure that your backyard pool (and your neighbors’ backyard pool) is surrounded by a fence. This will prevent curious youngsters from sneaking into the pool.
3. Teach your children to not to engage in horseplay around open water.
4. Cover your pool when it is not in use.
5. Don’t leave toys or floats in the water, they may attract children.
6. Don’t assume your children are safe because they know how to swim or are using floatation devices.
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.”
A VA State Trooper remains hospitalized after his police car was hit by a tractor-trailer, which fled the scene. Read more here.
At approximately 6:45 AM, the officer had a tractor-trailer pulled over for a speeding violation. The trooper and the trucker were both seated in the police vehicle, when it was struck by a second tractor-trailer. The second truck continued down the highway without stopping.
The officer, seated on the side of the vehicle that was smashed, sustained injuries to his back and neck. He was transported to the hospital, where he continues his recovery. Thankfully, the other trucker that was seated in the police vehicle was not injured.
Police describe the hit-and-run truck as a dark, long-nosed classic Freightliner with a white or light gray box trailer. It should have significant damage to the right side of the vehicle, most likely in the rear section. The truck might have maroon paint on it from the collision with police car. It may also have damage to the lights and/or a cut or gash on the side of the trailer.
If you have seen the truck or were a witness to the crash, you are urged to call Virginia State Police at 800-542-5959.
In a release, Capt. Richard A. Denney said he would like to “remind drivers of VA’s Move Over law, which requires drivers to change to another travel lane, or if the are unable, to slow down for emergency vehicles stopped on the side of the road.”
He went on the say, “This law is intended to save lives. As we’ve seen today, not only can law enforcement be at risk, but citizens as well when motorists fail to move over or slow down for emergency vehicles, as required by law.”
Last November, the trooper involved in the crash was featured in a televised public service announcement informing drivers about VA’s Move Over law. The ad can be seen here.
There’s nothing more American than spending hot summer days and long summer nights at the ballpark. It is something my family and I look forward to throughout the year.
This year, thousands of us will make pilgrimages to the home stadium of our favorite teams to (hopefully) watch the boys of summer win one for the home team. Oh, sports, summer and hot dogs- the good life.
Unfortunately, I made the mistake of watching the morning news today, and, sadly, my blissful ignorance of what goes on inside baseball stadium concession stands has come to an end.
CondeNast’s famous Portfolio researched 11 Major League Baseball stadiums, and exposed the dirty, nasty and down-right unhealthy practices that go in to serving up those nachos, hot dogs and cotton candy at some of the most famous MLB parks across the nation.
Even though the food management companies are walking away with millions of dollars each season, it seems that that health and well-being of the fans comes second to profit.
Check out some of the worst offenders. But, be warned, you need a strong stomach to read these real-life kitchen nightmares!
Los Angeles Angels, Angel Stadium Violations: 732 Annual Revenue: $200M Notes- a major violation actually shut down a food stand in 2007, and a major cockroach infestation was found in the Stadium Club kitchen
Houston Astros, Minute Maid Park Violations: 107 Annual Revenue:$193M Notes- hand-washing sinks were not available to all food service workers, they failed to minimize cockroach & other insect infestation
San Francisco Giants, AT&T Park Violations: 88 Annual Revenue: $197M Notes- found spoiled food, ready-to-eat food may have been containment by raw eggs, meat, poultry & fish
Seattle Mariners, Safeco Field Violations: 67 Annual Revenue: $197M Notes- Food service workers criticized in April 2007 for not washing hands, storing raw meats too close to ready-to-eat foods
Philadelphia Phillies, Citizens Bank Park Violations: 58 Revenue: $192M Notes- fly infestation at dessert station, dishwashers’ temp was set too low for proper washing and sanitization
New York Mets, Shea Stadium Violations: 58 Annual Revenue: $235M Notes- mice, rats & flying insects food in food station areas
New York Yankees, Yankee Stadium Violations: 45 Annual Revenue: $327M Notes- mice & rats in 2 food stations
Milwaukee Brewers, Miller Park Violations: 36 Annual Revenue: $158M Notes-found rodent droppings all over the floor at food prep area, mold in ice machines
Kansas City Royals, Kauffman Stadium Violations: 32 Annual Revenue: $131M Notes- mold build-up in ice machines, food service workers made sandwiches with bare hands
Colorado Rockies, Coors Field Violations: 16 Annual Revenue: $169M Notes- kitchen declared “unwholesome” after inspectors found spoiled food & unhygienic behaviors
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.
I’ve been hearing a lot lately about a product called DriveCam. These little video cameras are starting to pop up in tractor-trailers and commercial vehicle across the country. The camera is mounted near the rear-view mirror, and records video and audio 24/7. However, the DriveCam is similar to a black box in that, it only keeps a few seconds of footage before and after an occurrence of “exceptional force” (i.e. hard braking, swerving, collision, etc.).
The company claims that using their product can help other companies identify and improve risky driver behaviors, thus, reducing vehicle damages, workers' compensation and personal injury costs by 30 to 90 percent. That’s quite a claim. Watch a CNN interview with the CEO of DriveCam here.
Some truckers are against DriveCam, feeling like “Big Brother” is invading the cab. However, some are excited about its possibilities. The camera will capture an adequate history of the event, which can be referred to afterward. For example, an innocent trucker would be vindicated by video of Johnny Cellphone cutting into traffic and causing an accident, instead of being locked into a he said/she said battle of liability. The video will also identify drivers that engage in dangerous behavior, helping to make the roads safer for everyone.
With DriveCam’s recent success, many are looking to take it farther- into personal vehicles. Parents of teen drivers are especially interested in using the product to keep an eye on their young, inexperienced drivers. Because even if a teen tells their parent a different version of the accident, the camera never lies.
In today’s day and age, cameras are everywhere, capturing our daily lives. Although the DriveCam might catch you doing things you shouldn’t be doing, it may also help you prove your innocence after a crash.
A few years back, I starting hearing about "medical tourism." Its basically when folks travel to other countries such as Thailand and India for surgery or other types of medical care.
Now, I've heard arguments both for and against it; however, none so interesting as the insight provided this Texas orthopedic surgeon, which you could watch here.
He actually says that one reason patients shouldn't go overseas and pay a fraction of U.S. medical costs (50-80% less, even after travel expenses) because he questions, "Is there legal recourse for the patient?"
Did he really just say that? It seemed odd to me that a doctor practicing in a state that fought so hard to limit an injured patient's legal recourse, that this would really be a concern for him. Why would it worry him that patients be denied access to "frivolous" lawsuits, when its nearly impossible for injured patients to get justice in Texas? I guess he's using this argument because he doesn't want to loose his next patient to some foreign doctor.
Now, I am not arguing for or against medical tourism, as I certainly am no expert on the subject. I cannot tell you whether the benefits outweigh the risks. I can; however, tell you that there are good and bad doctors everywhere, even here. So matter what you are getting done, or where you are going for it, do your homework. Research your doctor, ask him/her about their success rate with your type of procedure, ask for your hospital's infection rate and always ask questions about things you don't understand or that make you feel uncomfortable.
For more information about how to protect yourself from medical errors, click here.
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.
I was driving home from work yesterday on a beautiful afternoon, and it got me to thinking. Now that the weather is warmer and spring is in full swing, I have noticed that all of the kids in my neighborhood are playing outside more, and taking advantaged of the extended daylight. For them, it is finally time to test out that new bike that Santa brought last winter.
I can remember these days as a kid, when school was drawing to a close, and I’d hit the streets atop my favorite bike just to feel the fresh breeze through my hair. Now in my mind’s eye, it is perfect, but as a grown, responsible adult, I notice that there was something wrong with that picture- no helmet! The fact is today we know that bike helmets work. They save lives and protect kids from some pretty serious injuries by as much as 88%. As much as my kids whine and complain about wearing them, it isn’t a fashion statement, it’s just the smart thing to do.
So, as your kids head outdoors to enjoy watching the spring slip into summer, do them a favor, make sure that when they grab their bike, they grab their helmet, too. Ask them to stay off the roads, avoid heavily trafficked areas and be aware of their surroundings.
And if your kids are evening thinking about going near an ATV this summer, the need for a helmet- and parental supervision- is even greater. I don’t mean to get heavy on you here, but in this business we see the devastating affects that ATV accidents have on kids everyday. I would give it all up tomorrow to prevent one more little one suffering serious injuries associated with these types of accidents. An ATV is a serious piece of machinery. Sure, they are a great way to unwind and have fun, but you wouldn’t let your 9-year-old drive your car, so don’t let them go unmonitored on a vehicle with top speeds between 45-80 mph.
Last week, the Patient Safety Authority, an independent PA agency, announced the release of the 2007 Annual Report on safety in PA healthcare facilities. Read the full report here.
The statistics for this year’s report showed an increase of 16,151 incidents over last year. This includes an 8% increase in Incidents (described as near misses and events that reached the patient but did not cause harm) and a 5% increase in Serious Events (adverse events with patient harm). This is a startling increase.
As a plaintiff’s firm, we often see the devastating and destructive effects of negligent healthcare. Each year an estimated 100,000 people die from preventative medical errors. Often times, Big Medicine wants to put the blame of high healthcare costs on the lawyers, but the truth is their own negligence cost lives and money- billions of dollars each year.
Our firm has been representing victims of medical malpractice for decades. We’ve got the skills and expertise necessary to hold Big Medicine accountable.
This year’s report showed errors affected women more often than men (54% of errors were against females). A whopping 63% of adverse drug events affected women.
Of the total 212,000 incident reports, 23% were errors related to a procedure, treatment or test; 22% were medication errors, 17% were patient falls, 15% were complications during procedures, treatments or tests; and the remaining 23% of incidents affected transfusions, adverse drug reactions, equipment failures and other/miscellaneous events.
For more information about the Patient Safety Authority, click here.
May is still a young month, but we’ve already seen a rash of recalls on everything from SUVs to meat.
This weekend Toyota announced a 90,000 car recall of their popular Highlander SUV. The vehicle was recalled so that the automaker can repair a defect in a third-row seatbelt. This affects all gasoline and hybrid models of the SUV and includes all vehicles produced between May 2007 and March 2008.
The Consumer Products Safety Comission has announced three recalls so far this month. In cooperation with QVC, the agency recalled SoleusAir Space Heaters which sold in QVC’s Studio employee and retail stores from December 2007 through March 2008 for between $65 and $80. The unit poses the danger of overheating. QVC reported 9 incidents of flames shooting out of the 1500 watt unit, and 70 additional reports of it smoking, overheating, sparking, melting, and/or emitting burning odors.
The CPSC also announced the recall of a Children’s Storage Bin sold at Lowe’s. The bin was recalled due to a violation of the lead paint standard, which is potentially harmful to children. The recalled bins are wooden with scalloped edges, came with the item numbers 226782 (green storage bin) or 226781 (pink storage bin). They were sold nationwide at Lowe’s between March 2007 and February 2008.
Just this morning the CSPS announced its third recall of the month, for 4,800 Broil King Gas Grills. The grills were recalled because the bottom of the cook box can melt or crack as a result of a grease fire, posing a serious burn hazard to users.
In other recall news, the Queens, NY-based Gourmet Boutique voluntarily recalled more than 30 fresh and frozen food items that had been sent to food service and retail establishments nationwide due to the presence of Listeria.
The products included chicken salad, sandwiches, frozen wraps and burritos sold under the names Gourmet Boutique, Jan's and Archer Farms.
Target, which sells Archer Farms brand food items, announced the affected products were only sold in SuperTarget locations.
The contaminated fresh items were produced between April 19 and 24, 2008, and the frozen items were produced between Oct. 23, 2007 and April 23, 2008. Read more here.
This was the scene a week ago, when a tractor-trailer plowed into the entrance of the Cermak/Chinatown Redline Station, killing 2 and injuring 21 in Chicago’s Southside.
Authorities are still trying to figure out what caused the tractor-trailer to slam into the pedestrian-laden area. Investigators believe the truck’s brakes either malfunctioned or were simply not used in the seconds before the crash.
The driver of the truck, who suffered minor injuries, refused a urine test at the scene, and was found in possession of someone else’s prescription medication. He acted erratically once in police custody, and refused to give a statement about the collision. He was cited for negligent driving, released from custody and is currently awaiting a court date.
Eyewitnesses on the scene reported seeing the driver exiting the freeway with his head down on the steering wheel. Then, they saw the truck slam into the station’s escalator traveling at approximately 40-50mph. Two women near the escalator were killed, and 21 others were hurt.
According to U.S Transportation Department reports, the trucker’s company has had 41 accidents in the last 30 months, 15 of which resulted in fatalities.
The Cermak/Chinatown CTA Station re-opened this weekend, after CTA crews rebuilt the stairway to the platform. The escalator, which bore the brunt of the truck’s blow, is still not operational. Crews are working to repair and redesign the station entrance to prevent any future tragedies.
Back in 1996, when the Health Insurance and Portability and Accountability Act (HIPAA) was signed into law, the intention of the law (especially Title IV) was to protect a patient’s right to privacy, reduce fraudulent activity, streamline data systems and improve the health insurance system overall.
For years prior to the law’s passage, there was no federal standard for obtaining your medical records. Without the patient’s knowledge, records were being given to insurance companies, sent to landfills or just flat-out lost. Alerted by highly publicized lapses in medical record confidentiality (a garbage truck crash that sent medical records flying all over the highways, a doctor selling a computer without deleting patient information from the hard drive, and the list went on and on), lawmakers decided a better system was needed. So the whole theory behind HIPAA regs are that your medical records are just that, yours, and they cannot be given to anyone without your approved consent. Furthermore, you should be able to access your own medical records, or appoint a designee to get them for you.
After much protest from health organizations over steep fines for non-compliance, confusing new rules and the high cost of getting an office HIPAA compliant; the law was turned on its head. Today, its patients, not the insurance companies or providers that are having a hard time obtaining medical records.
What started out as an altruistic bill aimed at improving the health care system for patients, has become the ultimate Big Medicine delay tactic. Now they feel they are the gatekeepers between you and your medical records, and getting through may not be as easy as you’d think. Just ask the people in this USA Today article.
They know all too well the sneaky methods employed by hospitals to keep you from finding out what really went on during your hospital stay, sometimes by what experts refer to as "wrecking" medical records. This process is when hospital staffers knowingly try to obscure the records by darkening, lightening, shrinking or distorting the photocopies or adding White Out to the parts of the records they wish to keep hidden. Records are also selectively chosen, and most hospitals give a “summary” of key events. Full records (especially the incriminating ones) often go unrevealed forever, or at least until well after the medical malpractice statue expires. Convenient, huh?
So what’s a patient supposed to do? First thing you have to know- you have recourse. Although a lot of things have changed about HIPAA, one thing hasn’t- steep fines for non-compliance. If you or a loved one is having difficulty obtaining medical records, arm yourself with knowledge. This aspect of HIPAA is monitored by the Health & Human Services’ Office of Civil Rights (you can find your local branch here). These are the guys that you need to bring your concerns to, and they will assist with filing a complaint. Once you bring it the OCR’s attention, it will be investigated, and appropriate action will be taken.
Remember, hospitals have 30 days to provide you with records that they house on-site, 60 days for those housed off-site, and if they cannot get them to you in that time frame, they need to notify you. Don’t let them push you around, especially if you have time restrictions such as a running statue of limitations.
If all else fails, call the Department of Health. Although no private civil action can be brought against the hospitals for non-compliance, there are plenty of rules targeted at keeping them in line.
Want to play it safe? Make the effort to periodically collect your records with each doctor and pharmacy that you use. You will have to pay for the records, but having them at your disposal might just prove to be beneficial.
For more information on HIPAA and making a complaint, check out the HHS website, here.
According to a House committee report, since 2001, almost half all the nation’s spinach-packing facilities had “serious” sanitation issues; however, the FDA failed to make “meaningful” actions to address the violations. Read the government report here.
FDA inspections noted that 67 facilities lacked adequate restroom sanitation, had piles of garbage and potentially hazardous indoor condensation issues. Reports have shown some bu
