Earlier this month, the CPSC announced a mandatory recall of 21,000 inflatable pool slides manufactured in China for Manley Toys, Ltd. and sold under the name "Banzai Splash." Both sides of the slide bear an orange, blue and white circular/wave-shaped logo with "Banzai Splash" printed in it.
The slides affected by the recall were sold for roughly $250 at Wal-Mart and Toys R Us stores across the nation from January 2005 through June 2009. Their packaging -- but not the actual slides -- has a barcode number of 2675315734 and a model number of 15734.
]]> According to the CPSC, the slides have a tendency to deflate during use, creating the potential for serious neck, back and head injuries. In addition, the slide is described as being unstable, prone to toppling over and lacking the necessary warnings/safety instructions.To date the agency is reporting the rather disturbing accidents/injuries associated with the slide:
If you have product liability questions or are dealing with the wrongful death of a loved one caused by a defective product, remember that you can seek justice. A qualified legal professional can explain your rights and inform you of your options.
Source: CNN, "Reported death, severe neck injuries prompt recall of pool slide," Todd Sperry, May 10, 2012
]]>Specifically, the study focuses on button batteries, the shiny round, coin-sized batteries that are a favorite of both manufacturers and, as it turns out, curious young children.
Here, researchers examined battery-related emergencies in U.S. hospitals among children under 18 from 1990 to 2009. They determined that while many young kids visited the emergency room for sticking batteries into their noses and ears, the overwhelming majority of visits were for accidental ingestion of batteries.
]]> Breaking the numbers down, the researchers made the following shocking findings:Perhaps what is most frightening about accidental ingestion of button batteries is that they can cause serious bodily injuries and even death in only a few hours.
"If a child swallows a button battery, the parent might not see it happen and the child might not have symptoms initially - and the clock is ticking," said Dr. Gary Smith, head of the Center for Injury Research and Policy at Nationwide Children's Hospital and one of the study's primary authors. "We've seen children in less than two hours have severe, severe injuries from button batteries getting caught in the esophagus."
In light of these injuries, safety advocates are calling upon manufacturers to childproof any and all devices utilizing button batteries, and for parents and family members to account for every single button battery in their home.
If you have been injured or are dealing with the wrongful death of a loved one, remember that you can seek justice. A qualified legal professional can explain your rights and inform you of your options.
Source: CBS News, "Button batteries blamed for uptick in emergency room visits, study finds," Ryan Jaslow, May 14, 2012
]]>Last week, the state House of Representatives voted 59 to 29 to pass House Bill 695. Sponsored by Rep. Austin Badon (D-New Orleans), the bill would make use of handheld cell phones while driving a primary offense, meaning that law enforcement officials could pull you over and ticket you for the sole offense of talking on a handheld cell phone while driving. Two-way radios used by licensed operators in cars and trucks would be allowed under the bill.
Interestingly, House Bill 695 differed significantly from House Bill 787, which passed the House Transportation Committee by a slim vote of 9-7 just last month.
]]> Sponsored by Rep. Regina Barrow (D-Baton Rouge), House Bill 787 would have made use of handheld cell phones while driving only a secondary offense, meaning that law enforcement officials could pull you over and ticket you for an offense such as speeding, and only issue another ticket for talking on a handheld cell phone if they saw you doing so before beforehand."Distracted driving is an epidemic on America's roadways," said Rep. Badon, who went on to declare that almost 5,500 people had been killed in the U.S. because of this behavior. "And these aren't just statistics. They are parents, children, neighbors and friends."
(Louisiana Highway Safety Commission statistics show that 52 people were killed in car crashes on state roads because of cell phones from 2005-2009.)
Ten states have now passed laws completely banning the use of all handheld cell phones or electronic devices while driving.
Political experts are unsure as to whether HB 695 has a chance of becoming a state law. Back in 2009, a similar measure was passed by the House only to be shot down by the state's Senate Transportation committee.
Do you agree with the proposed legislation?
If you have been injured or lost a loved one in a car accident, remember that you can seek justice. A qualified legal professional can explain your rights and inform you of your options.
Sources: The Advocate, "House backs ban on phone use while driving," May 4, 2012; The Advocate, "Ban on cell phone use in cars advances," Will Sentell, April 19, 2012
]]>Interestingly, a recently released survey by Consumer Reports reveals a fairly disturbing trend concerning young drivers attitudes toward texting while driving: they know it's dangerous, but they do it anyway.
]]> Specifically, the Consumer Reports survey, which questioned 1,049 young drivers (ages 16 to 21), determined the following:Currently, 37 states -- including Louisiana -- prohibit drivers from texting while driving, while 10 states have banned the use of cell phones while driving altogether.
Interestingly, Louisiana lawmakers are currently considering House Bill 787, which would make use of handheld cell phones while driving a secondary offense, meaning that law enforcement officials could not pull you over and ticket you for the sole offense of talking on a handheld cell phone while driving.
It remains to be seen if our state will do more to protect motorists and pedestrians both young and old ...
If you have been injured or are dealing with the wrongful death of a loved one, remember that you can seek justice. A qualified legal professional can explain your rights and inform you of your options.
Source: Reuters, "Young U.S. drivers know risks, but text anyway," Bernie Woodall, May 8, 2012
]]>The Society of Automotive Engineers discovered the following about American motorists and their habits regarding turn signals.
Perhaps even more concerning, SAE researchers determined that the failure to use turn signals/use them properly is the cause of nearly 2 million car crashes a year, more than twice the number of car crashes caused by distracted driving.
]]> While the SAE researchers were unable to pinpoint a precise reason why so many people are neglecting to use their turn signals properly, they did put forth a solution that they say could help end the problem altogether.Specifically, they advocate for a so-called "Smart Turn Signal" that would automatically shut off after a set delay or after the car is detected to have changed lanes, thereby eliminating the problem of people accidentally leaving their turn signals activated.
As for those people who fail to use their turn signals, the Smart Turn Signal technology would be able to sense if a driver is not using their turn signal on a regular basis and issue a "friendly" dashboard reminder.
"[Smart Turn Signal] represents a perfect opportunity to significantly reduce multi-vehicle crash rates, reduce vehicle cost and make driving a lot more friendly and courteous across the U.S.," said Richard Ponziani, an engineer and the primary author of the report.
What are your thoughts on this technology? Do people really need reminders about their turn signals?
If you have been injured or lost a loved one in a car accident, remember that you can seek justice. A qualified legal professional can explain your rights and inform you of your options.
Source: MSNBC, "Turn signal neglect a real danger, study shows," Paul Eisenstein, May 1, 2012
]]>The 38-page lawsuit was filed in the U.S. District Court in Houston by 31 former players -- the majority of whom played in the Southwest Conference in the 60s and 70s -- and alleges that the NFL acted in an "irresponsible and dangerous" manner by hiding the links between concussions and permanent brain injuries.
Specifically, it accuses league officials of failing to conduct the necessary research into concussions, inform players of any potential risks or take reasonable actions to mitigate these concussion risks.
The lawsuit goes on to claim that many of the players/plaintiffs now suffer from such debilitating conditions as memory loss, depression and dementia.
]]> "It breaks your heart," said the Texas-based attorney representing the former players. "You see people you recognize and who, let's call them what they were, were supermen at one time and physically dominant. And now you see the effects of a brain injury and how it has altered the course of their life."Some of the more notable names in the lawsuit include Professional Football Hall of Fame members Randy White, Rayfield Wright, and Bob Lilly.
According to former Cowboy great Lee Roy Jordan, who contacted an attorney after learning about the growing number of claims against the NFL, indicated that head injuries were treated much differently during his playing days.
"They didn't consider it an injury because you could still run," he said. "With a knee, ankle or hip, they would take you out and ice you down and check you out thoroughly. But with a concussion or brain injury, as long as you could count and remember plays, you were back in the game. It was a very overlooked thing in those days."
For its part, the NFL has denied the accusations and defends its safety record concerning treatment of concussions.
It is worth noting that this lawsuit will likely be moved to the U.S. District Court in Philadelphia, which already has jurisdiction over 50 similar lawsuits involving over 1,200 former players.
Remember if you have suffered a traumatic brain injury (TBI) because of the reckless or negligence of another, you can seek justice. A qualified legal professional can explain your rights and inform you of your options.
Source: The Houston Chronicle, "Former players file concussion lawsuit against NFL," David Barron April 24, 2012
]]>According to a recently published study in the Journal of the American Medical Association, the survival rate of accident victims transported by helicopter is actually slightly better than by ambulance.
The researchers arrived at this conclusion by examining data from a national database on seriously injured patients -- both teens and adults -- treated at 900 trauma centers across the U.S. from 2007 to 2009. Specifically, they compared outcomes for 62,000 car crash victims transferred by helicopter with 162,000 car crash victims transferred by helicopter.
What did they discover?
]]> Initially, the researchers found that seriously injured patients transported by ambulance actually had better survival rates than those transferred by helicopter, with 11 percent fatality rates versus 13 percent fatality rates.However, after taking more factors into account -- age of the patient, the type of injury sustained, vital signs, etc. -- the researchers found the reverse to be true: patient survival rates were one to two percent better for patients transferred by helicopter.
While researchers were unable to provide an exact explanation for the results, they theorized that the presence of a more fully equipped medical team on a helicopter or its relative speed may have something to do with the better survival rates.
"It's likely some combination. It's likely not going to be one specific element," said Dr. Samuel Galvagno, the study's lead author.
Galvagno also pointed out that the study was extremely preliminary and that much more research on the topic needed to be performed.
If you have been injured or lost a loved one in a car crash, truck crash or drunk driving accident, remember that you can seek justice. A qualified legal professional can explain your rights and inform you of your options.
Source: Reuters, "Trauma patients taken by chopper may fare better," Andrew Seaman, April 17, 2012
]]>Specifically, many of these states have now passed laws that completely ban the use of all handheld cell phones or electronic devices while driving (perhaps allowing hands-free cell phones).
Here in Louisiana, all drivers are prohibited by law from texting while driving, but many still use their cell phones to talk while driving. However, legislation currently being considered by state lawmakers may soon change this.
]]> House Bill 787, sponsored by Rep. Regina Barrow (D-Baton Rouge), would make use of handheld cell phones while driving a secondary offense, meaning that law enforcement officials could not pull you over and ticket you for the sole offense of talking on a handheld cell phone while driving.To illustrate, a police officer could pull you over and ticket you for speeding, and then ticket you for talking on a handheld cell phone if they saw you doing so before pulling you over. However, they couldn't simply pull you over and ticket you for talking on a handheld cell phone while driving.
When asked why she only made using a handheld cell phone while driving a secondary offense, Rep. Barrow responded that "baby steps" were needed to help introduce this much-needed and long-overdue legislation.
(Louisiana Highway Safety Commission statistics show that 52 people were killed in car crashes on state roads because of cell phones from 2005-2009.)
It must also be noted that HB 787, which passed the House Transportation Committee by a slim vote of 9-7, would allow motorists to use hands-free cell phones.
Political experts are unsure as to whether HB 787 has a real chance of becoming law. Similar measures have previously come out of the committee process only to be shot down in the legislature.
Do you agree with the proposed legislation or is the law fine the way it is?
If you have been injured or lost a loved one in a car accident, remember that you can seek justice. A qualified legal professional can explain your rights and inform you of your options.
Source: The Advocate, "Ban on cell phone use in cars advances," Will Sentell, April 19, 2012
]]>One idea that has been advanced for quite some time is the installation of so-called speed limiters, meaning devices that electronically govern/limit the top speed of commercial trucks.
Interestingly, a study released just a few weeks back by the Federal Motor Carrier Safety Administration and performed by a multitude of industry and academic officials indicated that these speed limiters had a "profound safety impact."
"Domain research on the potential downside of speed deviations among vehicles that could occur due to the interaction of [speed limiter]-equipped vehicles and those without [speed limiters] seems to be far outweighed by the significant safety benefits associated with a reduction in absolute speed afforded by [speed limiters]," read the study.
Here, researchers arrived at this conclusion by examining data from 20 carriers in 2007, 2008 and 2009. Specifically, they determined that trucks without speed limiters were more likely to be involved in a crash than those with speed limiters -- 16.4 versus 11 crashes per 100 trucks per year.
Interestingly, a researcher who participated in this FMCSA's study is now crying foul over the results.
]]> According to Professor Steven Johnson of the University of Arkansas' Mack-Blackwell Transportation Institute, both the data quality and the science behind the FMCSA study are inherently flawed."This type of research is difficult to do, but it's important that it's not misinterpreted and that a complete analysis of the data be conducted," he said in a recent interview.
One of the primary problems that Johnson has with the FMCSA study is that researchers used the "crashes per 100 trucks per year" standard, instead of the industry-wide standard of vehicle-miles traveled (VMT). This, he believes, could have resulted in flawed findings.
In fact, Johnson -- who is currently in the process of drafting a formal rebuttal in the form of a white paper -- believes that speed limiters are not actually effective in preventing truck crashes and that the best solution is perhaps finding ways to better facilitate the flow of traffic.
"Constant flowing traffic is both the safest and has the best fuel efficiency, even if it's flowing a little bit faster, from my standpoint," he said.
It should be interesting to see how this unfolds in the next few months ...
If you have been injured or lost a loved one in a truck accident, remember that you can seek justice. A qualified legal professional can explain your rights and inform you of your options.
Sources: Land Line Magazine, "Researcher distances himself from pro speed-limiter study," David Tanner, April 17, 2012; Trucking Info, "New study finds safety benefits of limiting truck speeds," March 29, 2012
]]>Specifically, a group of researchers at the University of Alabama at Birmingham recently published a study in the medical journal Neurology indicating that the more severe the TBI suffered by an accident victim, the greater the impairment of their short-term medical decision-making abilities.
This is significant, they argue, because those who suffer TBIs typically have to make a multitude of extremely important medical decisions in the weeks and months following their accident.
"Immediately following injury and during the rehabilitation and recovery period, patients and their families must make ongoing and often complex medical decisions, including treatment of brain trauma and orthopedic injuries, choice of rehabilitation programming and treatment of neuropsychiatric problems," said Professor Daniel Marson, one of the study's primary authors.
]]> Here, Marson and his fellow researchers examined approximately 86 patients with varying degrees of TBIs -- mild, complicated mild and moderate/severe -- and 40 healthy patients serving as controls. Specifically, they used a standardized measure to evaluate the patients' medical decision-making capabilities as they related to five consent standards -- expressing choice, reasonable choice, appreciation, reasoning and understanding.The study revealed the following:
"One month after injury, medical decision-making capacity was mostly intact for those classified with mild TBI, but significantly impaired for those classified with complicated mild TBI and those with moderate/severe TBI," said Professor Kristen Triebel, a study author. "Until we know more about the time required for return to normal decision-making capabilities, physicians need to carefully assess decisional capacity in their TBI patients, particularly those with complicated, moderate or severe TBI."
Remember if you have suffered a traumatic brain injury because of the reckless or negligence of another, you can seek justice. A qualified legal professional can explain your rights and inform you of your options.
Source: Science Daily, "Head injuries often impair medical decision-making skills," April 11, 2012
]]>For those unfamiliar with red-light cameras, they are simply computerized cameras mounted at intersections that are designed to record the license plates of those motorists who either exceed the posted speed limit or run a red light. Those caught on film breaking the law are then mailed tickets.
Not surprisingly, the fight over these red-light cameras has been going on for quite some time right here in Louisiana. In fact, a state House committee voted against a bill that would have introduced new restrictions on red-light cameras earlier this week.
This past Tuesday, the House Transportation Committee voted 8-7 to defeat House Bill 773. Sponsored by Rep. Jeff Arnold (D-New Orleans), HB 773 would have banned red-light cameras from issuing speeding tickets to motorists unless they were going at least 10 miles-per-hour over the speed limit.
]]> Rep. Arnold -- who has previously sponsored several unsuccessful bills targeting red-light cameras -- argued that the legislation would have helped protect motorists from an inherently flawed system. Specifically, he asserted that any sort of calibration error in the red-light camera and/or in a car's speedometer could result in a false reading."This is really a sense of fairness and trying not to create speed traps in the state of Louisiana," he said.
Proponents of the red-light cameras argue that they not only bring much-needed money to cities -- Baton Rouge has collected over $7.3 million since the cameras were installed back in 2008 -- but that they also save lives by preventing car accidents.
According to Baker Police Chief Mike Knaps, there have been no fatal car crashes in his city since the red-light cameras were installed five years ago. In addition, he indicated that there has been a 75 percent reduction in speed-related auto wrecks.
For now, it appears that Louisiana motorists will need to remain cautious while navigating their city's streets.
What are your thoughts on red-light cameras?
If you have been injured or lost a loved one in a car accident, remember that you can seek justice. A qualified legal professional can explain your rights and inform you of your options.
Source: The Advocate, "House panel rejects traffic camera limits," Will Sentell, April 12, 2012
]]>Believe it or not, many infants are injured or even killed in washing machines accidents. To illustrate the danger, consider the following statistics:
Why exactly are washing machines so dangerous to toddlers?
]]> The most obvious danger posed by washing machines is children climbing into a machine while it is in use and accidentally drowning."Believe it or not, a small child can drown in as little as an inch or two of water," said Mary Kay Appy of the Home Safety Council's. "They're top heavy -- their head goes into the bucket but they don't have the upper body strength to pull themselves out."
According to safety experts, children between the ages of 1 and 2 also routinely suffer cuts, burns, broken bones and amputation due to the following behavior:
Fortunately, these same safety experts indicate that parents can help prevent these serious injuries or wrongful deaths by purchasing washers -- and even dryers -- with child safety locks already built-in, or simply installing child safety knobs or locks on the door to the laundry room.
Source: Yahoo, "Toddler's tragic washing machine accident sends warning to parents," Piper Weiss, April 3, 2012
]]>Interestingly enough, a recently released report by the Children's Hospital of Pennsylvania and State Farm Insurance found that football or other contact sports aren't actually the main cause of serious or fatal head injuries among teenagers. Rather, the primary cause of most serious or fatal head injuries among teens is car accidents.
Here, researchers found that in 2009 and 2010, there were over 55,000 car crashes involving teen drivers and teen passengers who suffered serious injuries. Of these 55,000 auto wrecks, as much as 30 percent involved teens suffering rather severe head injuries -- traumatic brain injury (TBI), concussion, skull fracture.
In addition, the Centers for Disease Control found that car accidents are the number one cause of fatal head injuries among all 15 to 19 year olds.
]]> "Since full recovery from serious head injuries is often not achievable, there can be a significant life-long impact from these injuries on teens and their families," said Dennis R. Durbin, lead author of the report. "The brain is the organ that is least able to heal, so prevention is the best medicine."One of the more intriguing findings of the report is that states with more comprehensive graduated driver licensing (GDL) laws are generally more effective in reducing both head injuries and car crash fatalities among teens.
"States with comprehensive GDL laws have lower fatality rates than those with weaker laws," says Chris Mullen, director of Technology Research at State Farm Insurance. "Primary seat belt laws and teen-focused initiatives to increase seat belt use will also help further reduce deaths and injuries, even if a crash occurs."
The report defines a comprehensive GDL as one that mandates a minimum of 50 hours of adult supervision behind the wheel, passenger restrictions, nighttime driving restrictions, seat belt use and cell phone restrictions.
Here in Louisiana, our GDL law is rather strong, but still well behind Arizona, Connecticut, Massachusetts, New Jersey, New York and Rhode Island. In these states, the fatality rate of teen drivers is less than ten per 100,000 drivers.
Remember if you have suffered a traumatic brain injury because of the reckless or negligence of another, you can seek justice. A qualified legal professional can explain your rights and inform you of your options.
Source: Forbes, "Car crashes are the leading cause of fatal head trauma among teens" April 2, 2012
]]>Consider a recent study by the Nationwide Children's Hospital, which found that football players ranging in age from 6 to 17 are treated for an average of 8,631 concussions in emergency rooms across the country each year.
In addition, consider more and more evidence showing that many former National Football League players are now beset with a multitude of long-term health problems caused by repeat concussions.
In fact, many of these players have now filed lawsuits against the NFL and helmet-maker Riddell, alleging that the parties knew about the long-term risks of concussions but allowed players to continue to participate in games and practices.
]]> In light of this new focus on head trauma, more companies are now turning their attention to improving the safety technology of the modern-day football helmet -- something that hasn't been done in earnest since the 1950s.Some of the more interesting technological advancements currently in the research and development phase include:
Until new helmet safety technology ultimately emerges, players, parents and coaches will all have to remain hyper-vigilant for concussions and other potential brain injuries.
Remember if you have suffered a traumatic brain injury because of the reckless or negligence of another, you can seek justice. A qualified legal professional can explain your rights and inform you of your options.
Source: Reuters, "Football turns to helmet technology to tackle head injuries" April 2, 2012
]]>To illustrate, consider a case right here in Baton Rouge involving a woman who was involved in a rear-end collision with a police officer.
Back on January 2, 2007, Robert M. was driving with his wife, Karen M., on Sullivan Road when he was suddenly rear-ended by a squad car being driven by then-Captain Percy O.
The sheer force of the collision propelled the minivan being driven by Robert M. into the car in front of him, causing serious injuries.
In fact, the auto wreck resulted in Karen M. developing a condition known as trigeminal neuralgia (TM), or "suicide disease" as it is otherwise known.
]]> For those unfamiliar with TM, Karen M.'s complaint against the city of Baton Rouge indicates that it is a neurological condition that causes "episodes of intense, stabbing, electric shock-like pain" around the face.Physicians indicate that the pain typically lasts for only a few seconds but can repeat at regular intervals for several minutes. Interestingly, they also indicate that a person can suffer from TM for their entire life or it can disappear for several years at a time.
As for the name "suicide disease," this resulted from patients back in older times taking their own lives because of the pain. Fortunately, the condition can now be treated with medication or surgery, and suicides are very rare.
As for Karen M.'s lawsuit, she recently submitted a proposed settlement in excess of $280,000 to the Metro Council. Early indications are that the council will accept the settlement.
Stay tuned for further developments ...
If you have been injured or lost a loved one in a car accident, remember that you can seek justice. A qualified legal professional can explain your rights and inform you of your options.
Names have been withheld to protect the identity of the parties.
Source: The Advocate, "Council may settle police-car crash suit" March 28, 2012
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