New Car Seat Safety Laws Aim to Protect 6 to 8 year olds in Car Accidents

A new law that goes into effect in Georgia this Friday will be a crucial step in closing the gap between Georgia law and federal guidelines when it comes to child seat safety laws and protecting children in car accidents.

Beginning July 1, the minimum age for a child to stop using a booster seat will change from 6 to 8. However, children under the age of 8 who weigh more than 40 pounds and are more than 4 feet 9 inches tall will be exempted from the law. Children who are less than 40 pounds and shorter than 57 inches tall are just too small to properly be restrained by a vehicle's seatbelt alone. They will be required to use a booster seat or 5-point harness.

Statistics show that only about 12% of children between the ages of 6 and 8 are currently using booster seats so there will be a lot of children going back into booster seats that had previously been using only the vehicle's lap and shoulder belt. But the bright side is this: statistics also show that children who are properly restrained have a much greater chance of surviving a motor vehicle collision with minor injuries or no injuries at all.

While children may reach the age where all they are required to use is a booster seat, experts agree that car seats with a 5-point harness are the best protection for children less than 100 pounds. The reason is this simple: the 5-point harness system is designed to distribute the forces of a car crash across the strongest bones of a child's body--the shoulders, chestbone and thigh bones--and minimize the strain placed on the child's neck and spine. The fact that a child has reached the minimum requirement to begin using a booster seat does not mean that it is the safest choice.

For more information on children's safety in cars, please see our September 30, 2010 post about car seats. We posted great videos that demonstrate what a difference a 5-point harness can make in a car crash.

Understanding Sunscreen Labels: FDA Helps Reduce Confusion and Permanent Injury

The U.S. Food and Drug Administration (FDA) announced Tuesday that sunscreen products meeting modern standards for effectiveness may be labeled with new information to help consumers find products that, when used with other sun protection measures, reduce the risk of skin cancer and early skin aging, as well as help prevent sunburn.

The final regulation allows sunscreen products that pass the FDA’s test for protection against both ultraviolet A (UVA) and ultraviolet B (UVB) rays to be labeled as “Broad Spectrum.” Both UVB and UVA radiation contribute to sunburn, skin cancer, and premature skin aging. Sunburn is primarily caused by UVB radiation.

Under the new labeling, sunscreens labeled as both Broad Spectrum and SPF 15 (or higher), if used regularly, as directed, and in combination with other sun protection measures will help prevent sunburn, reduce the risk of skin cancer, and reduce the risk of early skin aging.

Here's the key: Products that have SPF values between 2 and 14 may be labeled as Broad Spectrum if they pass the required test, but only products that are labeled both as Broad Spectrum with SPF values of 15 or higher may state that they reduce the risk of skin cancer and early skin aging, when used as directed.

Any product that is not Broad Spectrum, or that is Broad Spectrum but has an SPF between 2 to 14, will be required to have a warning stating that the product has not been shown to help prevent skin cancer or early skin aging.

In addition to the final rule for sunscreen labeling, the FDA also released a Proposed Rule that would limit the maximum SPF value on sunscreen labels to “50 +”, because there is not sufficient data to show that products with SPF values higher than 50 provide greater protection for users than products with SPF values of 50.

The new regulations will become effective for most manufacturers in one year.

Cholesterol-Lowering Drug Warning

The Food and Drug Administration warned Wednesday that a popular cholesterol-lowering drug should no longer be prescribed at its highest dosage to new patients because of concerns that it can cause muscle damage.

The drug is simvastatin and the unsafe dosage level is 80 milligrams. This dosage level can increase the risk for myopathy, which is a form of muscle damage.

Simvastatin is sold under the brand name Zocor, in addition to being sold as a generic product. It is also sold in combination with other drugs under the brand names Vytorin and Simcor.

The FDA recommendation is that doctors only continue prescribing the 80 mg dose to patients who have been taking it for at least a year without experiencing problems.

Additionally, simvastatin should not be taken with some other drugs, including some antibiotics, HIV drugs and anti-fungal medications, according to the FDA and Merck, which makes the drug.

In 2010, about 2.1 million patients in the United States were prescribed a product containing simvastatin at that dose, the agency said. About 12 percent of simvastatin users take that dose, according to Merck.

Teething Baby? Think Twice About Oral Medications

The FDA recently issued a warning concerning the use of Benzocaine, a local anesthetic used to relieve pain in the mouth and gums. The product is commonly used for pain associated with teething, canker sores, and irritation of the mouth and gums.

The FDA became concerned about products containing benzocaine because they may cause a rare but serious and possibly fatal condition where oxygen in the blood stream is greatly reduced. This condition is called methemoglobinemia. In the most serious cases, this condition can result in death.

Benzocaine products do not currently carry any warnings regarding methemoglobinemia, therefore, the FDA is concerned that consumers might not be aware of the danger or know what to look for when using these products. Signs and symptoms of methemoglobinemia include pale, gray or blue colored skin, lips and nail beds, shortness of breath, fatigue, confusion, headache, lightheadedness, and rapid heart rate.

The FDA is particularly concerned about the use of benzocaine products in children under two years of age. There have been 21 reported cases of methemoglobinemia after using benzocaine gels and liquids. Eleven of the 21 cases occurred in children under age two.

If while using benzocaine products any of the symptoms of methemoglobinemia appear, persons should stop using the product immediately and call 911. If left untreated, serious cases may lead to permanent injury to the brain and body tissues, and even death. Parents are cautioned not to use this product on children less than two years of age unless it is given under the advice and supervision of a healthcare professional. These products should always be kept out of reach of children.

The American Academy of Pediatrics recommends that for teething problems in children, safer alternatives such as chilled teething rings or gentle massage to the gums using a cloth or your finger are preferred over benzocaine products. For a list of products containing benzocaine, visit the FDA’s website.

Car Seat Safety – Protecting Our Children

In Georgia, automobile accidents are the leading cause of death and injuries for children ages 1 to 12 years. The lack or improper use of car seats is a significant contributor to this sobering statistic. According to the National Highway Traffic Safety Administration (NHTSA), more than 40% of children under 6 who die or suffer debilitating injuries in automobile accidents are unrestrained or improperly restrained; however, when car seats are used correctly they are 71% effective in preventing injury among infants and 54% effective with children ages 1-4.

Unfortunately, there is a lot of confusion concerning the proper restraining methods and what is required by Georgia law.

According to Georgia law (O.C.G.A. § 40-8-76.1):

•ALL children under the age of six, regardless of how tall they are, must ride in the backseat of a car. A child is safer in the back and farthest away from the force of an airbag. Remember that airbags are designed to save adults, and since they deploy with great force they can be fatal to children.

•Children under the age of six are required to be in either a car seat or a booster seat suitable for their age and height.

•If there is not a back seat in the vehicle (e.g., a truck) or if other restrained children are in the back seat, Georgia law permits a child under the age of six to sit in front if restrained in the proper car seat or booster.

NHTSA recommends the following as a guideline for child seat safety. These guidelines are stronger than the current requirements of the State of Georgia.

Furthermore, we highly recommend that, until your child is the proper size to use a standard safety belt, your child should use a safety seat equipped with a 5 point harness. A 5 point harness is comprised of straps or webbing that extend over your child’s hips, shoulders/collar bones, and between their legs. These types of safety restraints more evenly distribute the force during impact which could save your child’s life in a crash. Please view this video to see why simple shoulder harnesses may not be sufficient to protect your child.

Also, it is very important to make sure that a child’s car seat is properly installed. The majority of parents believe that their child’s car seat is properly installed, but research by the National Highway Traffic Safety Administration shows that 8 out of 10 car seats are installed incorrectly.

As a guide, when a car seat is properly installed one should not be able to move the car seat more than one inch in any direction. The seatbelt should be threaded through the car seat and completely latched. The shoulder strap should be pulled all the way out until it clicks and then should be fed back into column. This will ensure that the car seat does not fly forward in the event of an emergency stop or accident. For more information on how to properly install a car seat, you can watch this video.

The Macon attorneys, at the Studstill Firm, we feel that the saddest injury cases we handle are cases involving children. The statistics are appalling and very sad when you think about the number of children whose lives and limbs could have been saved if they were only properly restrained. If you are unsure whether your child or the child of a friend or loved one is being properly restrained or if the car seat is properly secured, you can also stop by your local fire station or health clinic for tips.

- In Macon, GA you can go to Bibb County Health Dept. located at 171 Emery Highway
- In Warner Robins, GA you can go to Houston Healthcare located at 233 North Houston Rd. Suite 140, D
- In Valdosta, GA you can go to the fire station located at 106 South Oak Street
- In Tifton, GA you can go to the health department located at 305 12th Street East

Go to www.nhtsa.gov/cps/ for more locations across the nation.

For more information concerning car seat safety please visit http://www.nhtsa.gov/, http://www.gahighwaysafety.org/, http://www.carseat.org/, http://www.safekids.org/ and http://www.seatcheck.org/. You can also call 1-866-732-8243.

Recalled Hip Implants

After complaints from several hundred patients and a warning letter from the FDA, Johnson & Johnson is recalling its popular metal-on-metal hip replacement mechanism known as the ASR XL Acetabular System. This product is made by DePuy Orthopaedics which is a division of Johnson & Johnson.

This product is being recalled due to its high failure rate which results in additional hip replacement surgeries to many patients. One such type of failure is that the implant does not properly adhere to the bone and becomes unattached. Another such failure is that over time metal particles slough off and the debris causes inflammation, tissue damage and extreme pain to an individual. There is also some research that indicates that the cobalt and chromium materials used in these implants can be toxic and may lead to certain cancers, including leukemia.

Of course, this recall comes in the wake of several other recalls by Johnson & Johnson – most notably Tylenol Children's liquid. The president of DePuy Orthopaedics said, “We are committed to assisting patients and health care providers by providing information through multiple channels and paying for the costs of doctor visits, tests and procedures associated with the recall.”

If you or anyone you know has been injured by a product such as the DePuy hip implant or any other defective product contact our Valdosta Attorneys for a free consultation about your potential case.

15 PASSENGER VANS

I was reading the recent news report of the Gainesville, GA church group that was on a missions trip in Kentucky last month when the church van was involved in a collision resulting in severe injuries to the passengers. These types of crashes involving large passenger vans of church groups and students are more common than you would think.

It is very common to see 15 passenger vans such as the Ford F-350 and others traveling on the nation’s highways and interstates carrying our most precious cargo – children. These vehicles most commonly transport baseball (or other sports) teams, church groups, day care students, boy/girl scouts and other similar groups. In fact, these types of vans are used by many private schools as the primary mode of transporting students on field trips or to extra-curricular events as they are much less expensive than actual school busses.

And little is thought about it by the parents or the adults in charge.

These vehicles do little to ensure the safety of its occupants. In fact they are among the most dangerous vehicles on the road. Specifically, the roll-over rate is extremely high in these types of vehicles. The National Transportation Safety Board (NTSB) calculates that the vans overturn more than half the time they are involved in single-vehicle crashes. Additionally, more than half of the occupants of these vehicles are killed or receive incapacitating injuries.

The majority of the single-vehicle crashes involve tire safety issues. Additionally these types of vans are more likely to roll over with more passengers inside. This is largely due to the way the seats are positioned in the vehicle causing a high center of gravity.

The technology exists for other designs and features that would make these vehicles safer for passengers. Yet, the makers of these vehicles did not think these safety features were necessary – especially in the earlier models of these vehicles.

Please think long and hard before you allow your child to ride in one of these 15 passenger vans. Your child would be much safer if you considered alternative options.

More information on the dangers of these vehicles can be found at: http://www.safercar.gov/, http://www.nhtsa.gov/, http://www.ntsb.gov/, http://www.iihs.org/research/qanda/fifteen_passenger.html and many other sites.

If you or a loved one was seriously hurt as a result of a vehicular roll-over incident or any other major motor vehicle collision, please contact us so that we can discuss your rights. Consultations are free.