Baby Stroller Safety Risk

I was reading the June 2010 issue of the Consumer Reports magazine and came across something that parents with small children might like to know. Consumer Reports has rated three models of baby strollers as “Don’t Buy: Safety Risk” – those strollers are:

- Valco Baby Tri-Mode
- Tike Tech City X3 all-terrain stroller
- Tike Tech X3 Port jogging stroller

These strollers received this rating due to the hazard of an unrestrained child slipping beneath the grab bar and getting stuck resulting in potential injury or death. (This is referred to as “submarining.”) Although the Consumer Products Safety Commission does not specify the particular strollers involved, they do report that there have been at least 10 infant deaths associated with submarining between 1995 and 2008.

Safety regulations require that if the space beneath the bar is large enough for a child’s body to pass through, it must also be large enough for the child’s head to pass through. Of course, a child should always be properly strapped into his or her stroller.

If your child or the child of anyone you know has been injured by a faulty product such as these or any other defective products, contact us for a free consultation about your potential case.

Product recall: Miley Cyrus jewelry

Just yesterday, Wal-Mart announced that it was recalling its entire line of the popular Miley Cyrus brand of jewelry following reports that the jewelry contains a high level of cadmium – a toxic metal.

Long-term exposure to this metal is dangerous because it can cause bone softening and kidney failure and because it can hinder brain development. There is no danger in wearing the jewelry; however, it can be very dangerous if the metal is ingested. For example, many children place their jewelry/pendants in their mouth and suck and chew on them. This particular jewelry line, when exposed to a chemical similar to stomach acid, very easily released the toxic metal.

Exposure to this chemical is especially hazardous to girls ages 6-11. This may be because girls in this age range tend to have iron deficiencies and their bodies substitute cadmium instead.

Wal-Mart has also recalled some of its Disney pendants.

Claire’s and Dollar N More stores have also recalled some of the charm bracelets sold at their stores.

If you or anyone you know has been injured by a product such as this or any other defective product, contact us for a free consultation about your potential case.

Product recall: "Auto Fire" toy target set

The below-pictured toy dart gun set has been recalled by Family Dollar Store in conjunction with the Consumer Product Safety Commission (CPSC) following the deaths of two children. The suction cups, which are smaller than the size of a penny, present an asphyxiation hazard. These defective toys can cause children to suffocate and suffer brain injuries and even death. The two children’s deaths were caused when the children placed the soft, pliable plastic toy dart in their mouths and breathed them into their airways.

The dart guns were manufactured in China and sold exclusively by Family Dollar Stores. Family Dollar Stores began selling the toy in September 2005 and stopped selling it in January 2009. The recall was just announced on May 17, 2010.

Gardasil marketed towards boys as well as girls

Much controversy has surrounded the use of the new Gardasil vaccination in girls and young women. Now the drug is also being marketed towards boys and young men. Gardasil is a vaccine which aids in the protection against HPV (human papillomavirus), a sexually-transmitted disease which can cause genital warts in both males and females. The drug is administered to individuals between the ages of 9 and 26.

Of course, this drug was only introduced in 2006 and little is known about the long-term effects this drug can cause. Some possible serious side effects that have been experienced recently include:

- Gastroenteritis;
- Appendicitis;
- Pelvic inflammatory disease (PID);
- Asthma or bronchospasms (airway spasms);
- Blood clots in the legs or lungs;
- Seizures; and
- Guillain-Barré syndrome.

There have also been 49 reported deaths connected with the use of Gardasil according to the Centers for Disease Control and Prevention's Vaccine Adverse Event Reporting System.

While Merck insists its products are safe for use by individuals between the ages of 9 and 26, we at the Studstill Firm, LLP encourage you to discuss the risks with your doctor or child’s doctor prior to using this product. If you or anyone you know has been injured by this or any other pharmaceutical product, contact us for a free consultation about your potential case.

Georgia Legislature Bans Texting While Driving

It’s a hot topic in the news these days – Texting While Driving, or TWD. After all, nearly every driver in the US owns or has regular access to a cell phone.

Even Oprah is using her platform to campaign against TWD / distracted driving. Oprah’s efforts against distracted driving have led to the designation of today, April 30, as National No Phone Zone Day. This morning, Oprah, together with Holly Robinson Peete, recorded her show at the Ferst Center for the Arts at Georgia Tech in Atlanta on this very topic. When this show airs (check your local listings), it will feature expert discussion on the dangers of distracted driving.

Just yesterday, both branches of the Georgia Legislature passed legislation restricting the use of cell phones while driving. These bills are expected to become law effective July 1, 2010, pending the signature of Gov. Sonny Perdue.

The bills, HB 23 and SB 360 (also known as the “Caleb Sorohan Act”) provide that no person, regardless of age, may use a telecommunications device to read, write or send any text based communication while driving. In addition, no drivers under age 18 or with a learner’s permit or Class D driver’s license may use any wireless telecommunications device for any purpose while operating a motor vehicle, including phone calls.

Violation of these provisions may result in a fines of up to $150 (which may be doubled if a collision results), points on the driving record and suspension of the driver’s license.

Prior to this law, in Georgia, the only prohibition was on school bus drivers – they are prohibited from using cellular phones while driving if passengers are present.

I am sure we can all appreciate the efforts being made by the Georgia Legislature (as well as many of the other states who have passed similar legislation) to make our roads safer for everyone. However, it is not only the responsibility of our law makers to make the roads safer. Instruct your children and other teen drivers about safe driving practices, including but not limited to TWD. Helpful tools can be found at www.keepthedrive.com and www.allstateteendriver.com as well as many other websites. You can also view many PSA’s such as this (caution: video footage may be graphic) or this. I am sure we all have a thing or two to learn from these sources as well.

Medical Malpractice Caps Video - The Nestlehutts

Sometime this month, it is expected that the Georgia Supreme Court will rule on the caps on damages in medical malpractice cases. The caps were put into place by the Georgia Legislature in 2005 and cap certain damages given to injured patients and their families by Georgia juries.

For more information, you can watch this video explaining the caps and detailing the case that is being decided by the Georgia Supreme Court.

Tort Reform: Fact or Fiction?

The American Association for Justice (AAJ) article appearing today in the Huffington Post calls the proposed tort reform measures what they really are: a DISTRACTION from the Health Care debate. When you examine each of the main reasons proponents of tort reform routinely give as facts, they turn out to be myths. The AAJ explains the key myths and facts:
Myth #1: There are too many "frivolous" malpractice lawsuits.
Fact: There's an epidemic of medical negligence, not lawsuits. Only one in eight people injured by medical negligence ever file suit. Civil filings have declined eight percent over the last decade, and are less than one percent of the whole civil docket. A 2006 Harvard study found that 97 percent of claims were meritorious, stating, "portraits of a malpractice system that is stricken with frivolous litigation are overblown."
Myth #2: Malpractice claims drive up health care costs.
Fact: According to the National Association of Insurance Commissioners, the total spent defending claims and compensating victims of medical negligence was just 0.3% of health care costs, and the Congressional Budget Office and Government Accountability Office have made similar findings.
Myth #3: Doctors are fleeing.
Fact: Then where are they going? According to the American Medical Association's own data, the number of practicing physicians in the United States has been growing steadily for decades. Not only are there more doctors, but the number of doctors is increasing faster than population growth. Despite the cries of physicians fleeing multiple states, the number of physicians increased in every state, and only four states saw growth slower than population growth; these four states all have medical malpractice caps.
Myth #4: Malpractice claims drive up doctors' premiums.
Fact: Empirical research has found that there is little correlation between malpractice payouts and malpractice premiums paid by doctors. A study of the leading medical malpractice insurance companies' financial statements by former Missouri Insurance Commissioner Jay Angoff found that these insurers artificially raised doctors' premiums and misled the public about the nature of medical negligence claims. A previous AAJ report on malpractice insurers found they had earnings higher than 99% of Fortune 500 companies.
Myth #5: Tort reform will lower insurance rates.
Fact: Tort reforms are passed under the guise that they will lower physicians' liability premiums. This does not happen. While insurers do pay out less money when damages awards are capped, they do not pass the savings along to doctors by lowering premiums. Even the most ardent tort reformers have been caught stating that tort reform will have no effect on insurance rates.

As a medical malpractice and injury law firm, we see firsthand how often medical mistakes are made that destroy or permanently change lives. According to the AAJ article, over 98,000 people die every year from preventable medical errors, which is the same as having two 737 jets crashing every day for a whole year.

Instead of focusing on tort law changes that won't fix health care and won't reduce insurance premiums, let's make sure people aren't injured or killed in the first place. Not only will that lower costs, but most importantly, will improve health care for everyone.

If you or a loved one has been injured or killed as a result of a medical mistake or medical error, please contact us now for a free consultation about your potential claim.