Arizona is one of the last states to address this issue. Booster seat laws are in place in 47 states. Those states have all acted on research that shows that seat belts are worse than useless for children who are not yet big enough for them to fit properly. An adult seat belt will often allow the child to slip through without restraining him or her. Even when the child is restrained, the seat belt can cause head and neck trauma by striking the child in a way that was never intended.
]]> The progress of measures intended to make drivers and passengers safer has had an enormous impact over the years. Stiffer laws against drinking and driving, seat belt requirements and other safety measures have greatly improved a person's chance of surviving a car or truck accident. While Arizona has often left it up to parents to make safety decisions for their children, the evidence here is overwhelming that children are being placed in danger.Hopefully, this new measure will prevent fatalities and keep everyone safer on Arizona roadways.
Source: East Valley Tribune, "Bill requiring vehicle booster seats for kids moves forward at legislature," by Howard Fischer, 2 February 2012
]]>One study focused on the choices that teens make and the importance of setting rules and making young people aware of the risks of driving. That study showed that teens who engage in extreme risk taking and who believe their parents are unconcerned or unaware of their actions are more likely to drive with other teens in the car and more likely to get into accidents when they do. The second study showed that teens are more likely to be distracted while other teens are in the car, and thus more likely to get into car accidents.
]]> The second study broke it down further by seeking to understand the difference between teen males and teen females in terms of the impact of peers in the car. Males were much more likely to engage in highly risky and illegal maneuvers while other teens were in the car. While females were not engaging in overt risk-taking, they still showed an increase in accidents due to eating, looking at passengers, texting or using their cell phones.Graduated driver's license rules curb these risks in several ways. Many state have laws preventing teens from driving at night, when they are much more likely to have groups of friends in their cars. Others only allow immediate family members to ride in cars driven by newly licensed teens. Still others restrict the total number of passengers who can ride along with a teen driver. While it is not clear which of these restrictions are most effective in reducing a teen driver's risk of accident, it is clear that they provide a safety benefit to teens and to those who share the road with them.
Source: Insurance Journal, "Peers as Passengers Studies Support Graduated Licenses for Teen Drivers," 30 January 2012
]]>On the heels of lawsuits against the diabetes drugs Actos, which increased the risk of bladder cancer, and Avandia, which increased the risk of heart attack, the FDA is requiring additional data on dapagliflozin. It may even require new clinical trials to better assess the risks and benefits of the new drug.
]]> Clinical trials for dapagliflozin showed it to be effective in reducing blood sugar by enabling patients to excrete blood sugar in their urine. However, nine cases of bladder cancer occurred in male patients and nine patients developed breast cancer while taking the new drug. The control group taking a placebo experienced one case of bladder cancer and one case of breast cancer.In July, FDA advisors said the benefits of dapagliflozin did not outweigh the risks of bladder cancer and breast cancer. FDA reviewers also said there were possible liver risks and it was less effective in patients with kidney impairment.
It's unclear if the drug companies will undertake new clinical trials. A spokesperson for AstraZeneca said it would decide its next course of action after speaking with FDA officials.
Source: Bloomberg Business Week, "Bristol, AstraZeneca Diabetes Drug Fails to Win FDA Backing," Allison Connolly and Molly Peterson, January 23, 2012.
]]>Then in June of 2011, the Food and Drug Administration (FDA) alerted the public to the fact that "long-term Actos users are at an increased risk for developing bladder cancer." Product liability lawsuits for the dangerous drug began to be filed by injured patients.
]]> On December 28, 2011, more than 100 pending lawsuits regarding Actos and bladder cancer were transferred to the U.S. District Court for the Western District of Louisiana by the U.S. Judicial Panel on Multidistrict Litigation.Then on January 4, 2012, a hearing was held in Los Angeles Superior Court to petition to have California Actos bladder cancer cases heard in California, not Louisiana. Judge Carl West, the coordination motion judge, granted the petition for coordination of all pending Actos litigation in California. He recommended that the case be heard in Los Angeles.
The drug manufacturer, Takeda, said it would file to have the cases moved from California to Louisiana.
Regardless of where the Actos cases are ultimately heard, you need not live in California or Louisiana to bring your claim forward and you do not need to work with a distant attorney. Actos users who developed bladder cancer can seek financial recourse through the help of a local Arizona personal injury lawyer.
Source: San Francisco Chronicle, January 5, 2011
]]>The change was recommended by the committee after finding evidence that medical treatment decisions made by doctors were influenced by their financial relationship with drug and device companies. In addition to increasing costs, patient advocates say outside financial interests can contribute to medical malpractice by making doctors more willing to prescribe risky medications or to use medical devices in a manner for which they have not been approved.
]]> Investigative news stories have found that approximately 25 percent of doctors receive payments from pharmaceutical companies and medical device makers. Some doctors earn hundreds of thousands of dollars providing medical advice or speaking on behalf of the product.The new reporting requirement does not prevent doctors from forming relationships with companies. It simply requires that information about these relationships be made available to the public so patients can identify a possible conflict of interest. The information will be available on a new government website.
Source: New York Times, "U.S. to force drug firms to report money paid to doctors," by Robert Pear, January 16, 2012.
]]>Passenger Kathleen Mullahy says she can no longer ride an elevator - and therefore cannot work - due to the emotional trauma of watching her coworker die in front of her. She and another passenger were stuck in the elevator with the body for more than an hour. She is suing both the building and the elevator repair company, Transel.
]]> A criminal probe was just announced by the Manhattan District Attorney, as his office joined with the New York Buildings Department, the Department of Investigations and New York police in investigating the death of Suzanne Hart. While no cause has yet been determined, the investigation is focused on the elevator maintenance company.The evidence unearthed in the investigation will be essential in helping lawyers bring forward injury and death claims based upon an elevator defect (product defect), negligence on the part of the building owner (premises liability) or negligence on the part of the maintenance company.
Journalists have discovered that the building owner had been cited in the past for elevator problems and had 14 current violations which had not yet been corrected, but none were hazardous. The elevator that killed Ms. Hart had just been worked on by Transel. Although that company services thousands of elevators in New York City, it appears to have a checkered track record.
A number of questions will undoubtedly be raised:
These and other issues will find their way to court as personal injury and criminal cases progress.
Source: Fox News, New York Post and New York Daily News
]]>Although hospitals are legally required to report and then analyze medical errors if they want to be eligible to bill Medicare or Medicaid for services, the HHS study found very little oversight of hospital error-tracking records by organizations that inspect hospitals. It also found that hospital employees often did not recognize when a medical error had harmed a patient and should have been reported.
]]> Investigators found that 61 percent of unreported negative medical errors were not recognized by staff as errors. The other 25 percent of unreported errors should have been reported but weren't, for no identified reason. Very serious harmful events were no more likely to be reported than smaller errors.Forty four (44) percent of the errors were preventable, but in order to prevent them in the future hospitals need to examine how the medical errors occurred so staff can create procedures or conduct training to avoid them.
HHS is planning to create a list of adverse events so hospital staff know what does and does not need to be reported.
Source: ABC News "Hospital Errors Often Unreported," by January 6, 2012.
]]>News stories of the fatal construction accident made no mention of safety equipment, which is essential for the safety of construction workers working at heights.
]]> Falls are the most common cause of fatal construction site accidents, often because of misuse or failure to use fall protection equipment, such as:These protections have been proven to prevent workers deaths and injuries. It's tragic that it wasn't in place for this young man. OSHA is investigating the accident.
Source: WGGB-TV, "Police Identify Worker in West Springfield Construction Accident," by Ryan Trowbridge, January 11, 2012.
]]>The two manufacturers - Johnson & Johnson and Novartis - took different approaches. One issued a public recall; one failed to inform the public.
]]> This week, Novartis recalled Excedrin, NoDoz, Bufferin and Gas-X Prevention because problems at its manufacturing plant in Nebraska resulted in medications getting mixed together and sold in the same bottle. Some bottles contained broken and chipped tablets, providing less than the stated amount of medication. Novartis recalled the medication in order to prevent people from getting the wrong medication and possibly having an allergic reaction or dangerous drug interaction.Johnson & Johnson, on the other hand, is facing a wrongful death lawsuit from the family of a 2-year-old boy who suffered liver failure within one day of being given a Children's Tylenol tablet that his family says was contaminated.
Rather than recall suspected contaminated medication, Johnson & Johnson hired a third-party contractor to send people into stores to secretively buy up its products. Those contractors were not to say anything about a recall. Eventually this "stealth" recall came to the attention of the FDA, but not until eight months later.
Drug manufacturers have a duty to ensure the drugs they are putting on the market are safe and effective. When problems develop, they likewise have a duty to minimize risk to the public. Although a recall does not mean the company can't be held financially responsible for any injuries, failing to issue a public recall could sway a jury when it considers compensation, should it find in favor of the family in this wrongful death case.
Source: Courthouse News and Pioneer Press
]]>The caregiver reportedly wheeled him into the bathroom of the group home, turned on the shower, and then left him alone. Negligence of the group home caregiver resulted in third and fourth degree burns to his back and the lower part of his body. He was placed on a ventilator and will require extensive skin grafts.
]]> The director of the care facility, Hands of the Heartland, said that the employee responsible for the injuries had been fired. The facility had ordered new shower stall guards and installed safety valves on all water heaters to ensure water did not get above 115 degrees. She also said the facility was reviewing compliance procedures and retraining employees.Leaving a severely disabled person alone in a shower is dangerous, even when the water temperature is not scalding hot. A resident could slip from the shower seat and hit his head on the ground. A resident could drowned, especially one with the degree of disability of this young man.
The employee was arrested by police and charged with third-degree assault, but was then allowed to return home pending trial. In addition to criminal penalties, the family of the injured man can bring a personal injury lawsuit seeking compensation for his burn injuries, which will be costly and require a lengthy hospital stay.
Source: Omaha World-Herald, "Caregiver arrested in scalding incident," by Carrie Kreisler, December 23, 2011.
]]>According to ProPublica, fifty years ago autopsies were routine in cases where a death was unexpected. Now, hospitals only perform autopsies in five percent of deaths and no one requires hospitals to do them. Insurance companies do not pay for autopsies. The downward trend in these procedures may have a lot to do with hospitals wanting to avoid discovering medical errors that could lead to medical malpractice and wrongful death suits.
]]> In addition, the lack of autopsies equals missed opportunities for doctors to learn from their mistakes and to improve diagnoses and medical treatments. If doctors do not see what they did wrong that led to a patient's death, they could easily make the same mistake on the next patient with a false sense of security. Health statistics are also inaccurate as are death certificates when a cause of death is not pinned down.Source: ProPublica, "Without Autopsies, Hospitals Bury Their Mistakes," Marshall Allen, Dec. 15, 2011
]]>According to USA Today, in 2010, 4.2 percent more pedestrians were killed in accidents with motor vehicles than in 2009 and 19 percent more were injured. This means that in 2010, 70,000 people were injured when they were hit by a motor vehicle.
]]> The NHTSA is not sure why the increase has occurred because they have not really studied the data yet. One of the most dangerous factors in pedestrian travel that has arisen is that of distraction by electronic devices.Like texting-while-driving, texting-while-walking can cause fatal accidents. It is even worse when a person is walking because they are more vulnerable than someone in a car with safety features and steel surrounding them.
Another major factor in fatal pedestrian accidents is alcohol. In 2009, alcohol impairment in either the pedestrian, driver or both was a factor in 48 percent of all fatal pedestrian accidents.
Source: USA Today, "As U.S. road deaths drop, more pedestrians getting struck," Larry Copeland, Dec. 8, 2011
]]>More and more doctors are using electronic gadgets in their practice of medicine in order to improve patient care. Technology offers instant access to patient information and records, but it can also cause a distraction and lead to medical errors, particularly if doctors or nurses give into the temptation to use their gadgets for purposes other than patient care.
]]> A recent article in the New York Times discussed the issue in depth. The article reported, among other things, that 55 percent of technicians that monitor bypass machines admitted to talking on their cellphones while a heart surgery was underway and half admitted to texting during this critical procedure.The Times article spoke of a recent medical malpractice settlement that involved a neurosurgeon who made 10 personal calls on a headset while performing brain surgery. His patient ended up with partial paralysis. Other doctors have said they have witnessed surgeons and nurses doing online shopping, checking email or studying while involved in a surgery or other critical procedure.
While technology can clearly offer benefits to patients, it can be deadly if used in the wrong manner.
Source: New York Times, "As Doctors Use More Devices, Potential for Distraction Grows," Matt Richtel, Dec. 14, 2011
]]>Fatal car accidents caused by a drunk driver were down across the U.S. in 2010 as opposed to the previous year by almost 5 percent. In certain parts of the country, however, fatal drunk driving car accidents were up 15 to 50 percent.
U.S. Transportation Secretary Ray LaHood wants to see these numbers go down this year and launched last week the "Drive Sober or Get Pulled Over" public education campaign. The campaign to crack down on drunk drivers is a coordinated effort between national and local law enforcement officers and public safety officials.
]]> The campaign is meant to make people think twice before deciding to drive drunk by reminding them that if they drive drunk, they will get caught and face the consequences.Ray LaHood is working to make the roads safer under his watch through a combination of consistent enforcement of tough laws and continued public education on safer driving. He wants to see the number of fatalities from car accidents caused by an alcohol-impaired driver go down everywhere across the country.
Have a safe and enjoyable holiday season!
Source: ABC News, "Ray LaHood Warns Americans to 'Drive Sober or Get Pulled Over,'" Sarah Burke, Dec. 13, 2011
]]>The 51-year-old patient, who had suffered a stroke as well as other medical problems, had a tracheostomy tube to facilitate breathing. She died when the tracheostomy tubing became tangled in a bedrail while she was being turned. The tube was pulled out and the staff was not able to get it re-inserted. The woman died from oxygen deprivation.
]]> The woman was supposed to be attended to by two aides at a time, because of her size, but only one aide was assigned to her.Sadly, her death was only part of a longer story of poor nursing home care. She had been hospitalized seven times in one year and doctors had repeatedly noted a lack of care for her breathing tube. She had suffered obstructions, swelling and repeated infection.
In another instance of disturbingly bad care, nurse's aides used physical force to pry apart the legs of a 101-year-old woman who suffered from a joint and muscle disease. She suffered serious injury that left her legs limp and painful, and yet one of the aides identified this troubling condition as "a miracle from God."
The dead woman's family has brought a wrongful death lawsuit against the facility after receiving $100 in compensation from the facility in payment for a civil fine levied by the state for violations of public health code.
Source: Detroit Free Press, "Borgess Gardens Nursing Home in Kalamazoo Faces Lawsuit Over Death," by Robin Erb and Kristi Tanner, December 12, 2011.
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