Kenneth J. Allen & Associates - Injury Attorneys

Skecher Shape Up shoes and Skecher Tone-Up shoes look different than other walking shoes, tennis shoes, work-out shoes, or running shoes: they have a thick, rocker bottom that the manufacturer promoted to be helpful in getting fit — you could “shape up while you walk.”  Problem is — lots of people are getting hurt while wearing these shoes.They are suffering from serious personal injuries that bring with them things like pain, suffering, lost work, etc. and the marketing promises are without support.

“Skechers’ unfounded claims went beyond stronger and more toned muscles. The company even made claims about weight loss and cardiovascular health,” said David Vladeck, Director of the FTC’s Bureau of Consumer Protection. “The FTC’s message, for Skechers and other national advertisers, is to shape up your substantiation or tone down your claims.”

Maybe you saw some of their advertising — remember any of these?  Skechers advertisements challenged by the FTC include:

• A Shape-ups ad telling consumers to “Shape Up While You Walk,” and “Get in Shape without Setting Foot in a Gym,” and claiming that the shoes are designed to promote weight loss and tone muscles. The FTC alleges that Skechers made unsupported claims that Shape-ups would provide more weight loss, and more muscle toning and strengthening than regular fitness shoes.
• Shape-ups ads with an endorsement from a chiropractor named Dr. Steven Gautreau, who recommended the product based on the results of an “independent” clinical study he conducted that tested the shoes’ benefits compared to those provided by regular fitness shoes. The FTC alleges that this study did not produce the results claimed in the ad, that Skechers failed to disclose that Dr. Gautreau is married to a Skechers marketing executive, and that Skechers paid Dr. Gautreau to conduct the study.
• Shape-ups ads featuring celebrities including Kim Kardashian and Brooke Burke. Airing during the 2011 Super Bowl, the Kardashian ad showed her dumping her personal trainer for a pair of Shape-ups. The Burke ad told consumers that the newest way to burn calories and tone and strengthen muscles was to tie their Shape-ups shoe laces.
• An ad that claims consumers who wear Resistance Runner shoes will increase “muscle activation” by up to 85 percent for posture-related muscles, 71 percent for one of the muscles in the buttocks, and 68 percent for calf muscles, compared to wearing regular running shoes. The FTC alleges that in citing the study that claimed to back this up, Skechers cherry-picked results and failed to substantiate its ad claims.

FTC Settlement in May 2012

Last year, the Federal Trade Commission announced that the manufacturer, Skechers USA, had entered into a settlement agreement with the FTC and would be forking over $40 million in settlement of federal charges that Skechers USA, Inc. deceived consumersby making claims in its marketing and advertising that these shoes would help people lose weight, and strengthen and tone their buttocks, legs and abdominal muscles.  The company had no factual support for these claims.

The FTC settlement covered not only Skechers Shape Ups but also its Resistance Runner, Toners, and Tone-ups shoes, and as a result of the FTC action, people who had purchased these unsafe shoes could get a refund for their purchase.

These Injuries Are Serious

People have suffered fractures to their feet, wrists, hips, and ankles.  Some people have experienced fractures to their necks and backs from wearing these shoes.  Tendons have been damaged.  Ligaments have been injured.

People who bought shoes to try and be responsible about their health have ended up with bodily injury.  That in addition to other personal injury kinds of damage: pain and suffering; quality of life being impacted; people losing work; things like that.  As anyone who has suffered a serious neck, back, or leg injury knows — your entire life is changed when you suffer an injury like this.

Lawsuits Being Filed Across the Country

Across the country, civil lawsuits are being filed by people who wore these shoes and suffered serious injury as a result. These are personal injury cases based on product liability laws as well as lawsuits based upon deceptive practices of the manufacturer in marketing these shoes as something healthy and helpful in getting fit when the company had no support for those claims.

If you or a loved one have been injured and suffered damages from injuries sustained while wearing a pair of these Skechers shoes, then it’s important to investigate whether or not you have a case against the manufacturer for legal damages based upon state product liability law or deceptive practices.

The Centers for Disease Control (CDC) has issued a big, big warning to doctors, hospitals, clinics, nursing homes — all health care providers — about something that is very scary:  a new strain of germs that don’t respond to antibiotics.  People are dying after being exposed to this drug-resistant bacteria and there’s no drug that can stop this.Which means that there’s a big duty on these health care providers to protect us all from this dangerous bacteria, officially known as carbapenem-resistant Enterobacteriaceae, or CRE.

Super-bug CRE is spreading through health care facilities like wildfire.  It’s already been found in 42 states, especially in the northeastern part of the country.  Investigation into the Chicago area Intensive Care Units (ICUs) last year already found that 3% of these ICU patients had been infected with CRE and that there was a shockingly high 30% infected in long-term care facilities (e.g. nursing homes).

It is the duty of health care providers to provide protection from disease, especially to those patients in their care. Hospitals, nursing homes, doctors’ clinics, and more have been officially warned by the CDC of the CRE SuperBug and measures should already be in place to protect you and your loved ones from this potentially fatal bacterial infection.

CRE kills. Be aware of the need to protect against exposure to it.

Read here the warning that has been sent out to doctors, hospitals, nursing homes, and more from the federal agency.  From the CDC to Health Care Professionals on March 5, 2013:

CDC: Action needed now to halt spread of deadly bacteria

Data show more inpatients suffering infections from bacteria resistant to all or nearly all antibiotics A family of bacteria has become increasingly resistant to last-resort ntibiotics during the past decade, and more hospitalized patients are getting lethal infections that, in some cases, are impossible to cure. The findings, published today in the Centers for Disease Control and Prevention’s Vital Signs (http://www.cdc.gov/vitalsigns/HAI/CRE) report, are a call to action for the entire health care community to work urgently – individually, regionally and nationally – to protect patients. During just the first half of 2012, almost 200 hospitals and long-term acute care facilities treated at least one patient infected with these bacteria. The bacteria, Carbapenem-Resistant Enterobacteriaceae (CRE (http://www.cdc.gov/HAI/organisms/cre/index.html) ), kill up to half of patients who get bloodstream infections from them. In addition to spreading among patients, often on the hands of health care personnel, CRE bacteria can transfer their resistance to other bacteria within their family. This type of spread can create additional life-threatening infections for patients in hospitals and potentially for otherwise healthy people. Currently, almost all CRE infections occur in people receiving significant medical care in hospitals, long-term acute care facilities, or nursing homes.

“CRE are nightmare bacteria. Our strongest antibiotics don’t work and patients are left with potentially untreatable infections,” said CDC Director Tom Frieden, M.D., M.P.H. “Doctors, hospital leaders, and public health, must work together now to implement CDC’s “detect and protect” strategy and stop these infections from spreading.”

Enterobacteriaceae are a family of more than 70 bacteria including Klebsiella pneumoniae and E. coli that normally live in the digestive system. Over time, some of these bacteria have become resistant to a group of antibiotics known as carbapenems, often referred to as last-resort antibiotics.  During the last decade, CDC has tracked one type of CRE from a single health care facility to health care facilities in at least 42 states.  In some medical facilities, these bacteria already pose a routine challenge to health care professionals.

The Vital Signs report describes that although CRE bacteria are not yet common nationally, the percentage of Enterobacteriaceae that are CRE increased by fourfold in the past decade.  One type of CRE, a resistant form of Klebsiella pneumoniae, has shown a sevenfold increase in the last decade.  In the U.S., northeastern states report the most cases of CRE.

According to the report, during the first half of 2012, four percent of hospitals treated a patient with a CRE infection.  About 18 percent of long-term acute care facilities treated a patient with a CRE infection during that time.

In 2012, CDC released a concise, practical CRE prevention toolkit with in-depth recommendations for hospitals, long-term acute care facilities, nursing homes and health departments. Key recommendations include:

• enforcing use of infection control precautions (standard and contact precautions)
• grouping patients with CRE together
• dedicating staff, rooms and equipment to the care of patients with CRE, whenever possible
• having facilities alert each other when patients with CRE transfer back and forth
• asking patients whether they have recently received care somewhere else (including another country)
• using antibiotics wisely

In addition, CDC recommends screening patients in certain scenarios to determine if they are carrying CRE.  Because of the way CRE can be carried by patients from one health care setting to another, facilities are encouraged to work together regionally to implement CRE prevention programs.

These core prevention measures are critical and can significantly reduce the problem today and for the future.  In addition, continued investment into research and technology, such as a testing approach called Advanced Molecular Detection (AMD), is critical to further prevent and more quickly identify CRE.

In some parts of the world, CRE appear to be more common, and evidence shows they can be controlled.  Israel recently employed a coordinated effort in its 27 hospitals and dropped CRE rates by more than 70 percent. Several facilities and states in the U.S. have also seen similar reductions.

“We have seen in outbreak after outbreak that when facilities and regions follow CDC’s prevention guidelines, CRE can be controlled and even stopped,” said Michael Bell, M.D., acting director of CDC’s Division of Healthcare Quality Promotion. “As trusted health care providers, it is our responsibility to prevent further spread of these deadly bacteria.”

Vital Signs is a CDC report that appears on the first Tuesday of the month as part of the CDC journal Morbidity and Mortality Weekly Report, or MMWR. The report provides the latest data and information on key health indicators. These are cancer prevention, obesity, tobacco use, motor vehicle passenger safety, prescription drug overdose, HIV/AIDS, alcohol use, health care–associated infections, cardiovascular health, teen pregnancy, food safety and viral hepatitis.

CDC works 24/7 saving lives, protecting people from health threats, and saving money to have a more secure nation.  Whether these threats are chronic or acute, manmade or natural, human error or deliberate attack, global or domestic, CDC is the U.S. health protection agency.

The trucking industry is still fighting hard against increased federal safety regulations, in particular the nation-wide implementation of CSA (Compliance Safety Accountability system). This month, one of the big controversies stems from how truck crashes – those big rig semi accidents that all too often involve several deaths on our roadways – are tallied with the Federal Motor Carrier Safety Administration.

The American Trucking Association is asking FMCSA to delve into its numbers and split things up, so that the causes of the truck accidents are categorized.  The ATA wants the federal agency to cull through semi tractor trailer accident reports, and separate the big rig crashes that show (in their words, “where it was plainly evident”) that the trucking company was not at fault for the crash.

In their request, the American Trucking Association pointed to three accidents where:

1. the driver of a stolen car drove over a median;
2. a drunk driver rear-ended a gasoline tanker truck; and
3. the pursuit of a stolen vehicle ended in a crash involving a semi truck.

From the ATA:

“Just last month, police gave chase to a driver of a stolen car who crossed a grassy median and struck a truck head-on,” said ATA President and CEO Bill Graves. “It is clearly inappropriate for FMCSA to use these types of crashes to prioritize trucking companies for future government intervention, especially when responsibility for the crash is so obvious.  Including these types of crashes in the calculation of carriers’ CSA scores, paints an inappropriate picture for shippers and others that these companies are somehow unsafe,” he said.

Probable Cause Isn’t That Easy To Determine

Noted in the ATA press release was the report of a crash reconstructionist who testified before the Motor Carrier Safety Advisory Committee of FMCSA and explained that it is not that easy to figure out the cause of a commercial truck accident; according to the crash reconstructionist, FMCSA could not determine fault in many instances based solely on information from police accident reports.

While it is understandable that trucking companies do not want accidents for which their trucks and their drivers are not legally responsible to be included in federal statistics kept on trucking accidents, it is also valid for the FMCSA to be concerned over the determination of cause in a trucking accident.

The cause of an accident, particularly a huge traffic accident involving a large big rig, semi, or tractor trailer truck, can be a very complicated study involving scientific and forensic experts in a variety of fields.   Often, those at the scene of the crash are simply unable to decide what the cause – or causes – of the accident are, because they don’t have the education, training, or time needed to fully analyze the situation.

For example, skid marks.  Mathematical analysis of all skid marks at the scene must be done and thereafter evaluated.  Things to be considered here include the amount of force (friction) on the tires of the truck as well as all other vehicles involved in the crash.

Coupled with that are considerations of the road conditions at the time – not only the type of road (asphalt, dirt, etc.) but any hazards that existed at the time (debris, trash, ice, snow, etc.).  Weights of the vehicles must be determined, not only of the fully-loaded cargo rig, but the other vehicles in the crash.

Additionally, there will analysis of what the drivers were doing at the time, as well as what else was going on at the scene.  At first glance, for example, a truck being rear-ended may look to be an easy call: the driver who crashed into the back of the truck is at fault.  However, more analysis may reveal things like road hazards like ice that contributed to the crash; maybe the truck’s brake lights malfunctioned or were covered by mud; perhaps the car was slammed into the rig by a third vehicle.

Probable cause of an accident is a major fact issue in many trucking accidents. FMCSA is taking its time in addressing the cause issues brought up by ATA for a reason.

This week, around the country, private and public programs are educating people about various ways that consumers are getting scammed today as part of National Consumer Protection Week. Each year, more and more plaintiffs’ attorneys along with law enforcement agencies and consumer rights groups witness the constantly innovative ways that innocent people are victimized and harmed in all sorts of scams.

“Consumer complaints help our office identify, investigate and sometime prosecute businesses that rip off or scam Indiana residents,” Indiana Attorney General Greg Zoeller said. “The annual top 10 consumer complaint list aims to help educate consumers and guide our consumer protection efforts to cut down on scams and industry problems.”

Consumer crimes can form the basis of personal injury lawsuits if the evildoer can be located along with his or her stash of cash or funds to reimburse the victim for the sums that have been taken from the consumer.  Additionally, these are often criminal acts as defined by state and federal law, which allows law enforcement to arrest and charge the scammer with a crime.

From the Indiana Attorney General today:

INDIANAPOLIS – Indiana Attorney General Greg Zoeller’s office received more used car sales and service complaints in 2012 than in any other category…. Zoeller today released the annual top 10 consumer complaint categories and consumer tips on how Hoosiers can protect themselves from being ripped off…. Here are the top 10 consumer complaints filed with the Indiana Attorney General’s Office in 2012 and tips on how to avoid being victimized:

1. Used auto sales and service

Before purchasing a car make sure to research local dealers and check with the Indiana Attorney General’s office or Better Business Bureau for complaints. Once you find a vehicle, have the car inspected by an independent mechanic. Take your time to read and understand the entire written purchase agreement before signing. Be sure that the terms of any warranty that come with the car are spelled out in your contract. If you need repairs done on your vehicle, research auto repair shops and request an estimate for parts and labor in writing before any work is done. Before taking your car home, make sure all work completed is described to you and all guarantees are in writing. Also, ask the service representative to show you any major new parts that were installed or replaced.

2. Internet scams and sales

Research the online business you plan to purchase from and confirm their physical address and phone number in case you need to contact them. Consider using an online payment service, such as PayPal, or your credit card, which protects your transaction under the Fair Credit Billing Act. Save any transaction or confirmation numbers from Internet purchases and make a note of the time and contents of the order. If you receive an unsolicited e-mail, never respond to requests for personal or financial information and don’t click on any links.

3. Debt collection

If you receive a debt collection notice, make sure you determine whether you are being contacted for legitimate nonpayment by a lawful creditor. It’s important to know your rights and how to recognize abusive collection practices. Keep track of phone conversations and other interactions. File a complaint with the Attorney General’s office if you suspect the agency is not legitimate, if you are being harassed or if the collector refuses to supply verification of the debt.

4. Lending and mortgage related

The tough economy paired with already struggling homeowners has meant big business for scammers who aim to prey on their victims’ desperation to stay in their homes. Illegitimate foreclosure consultants will promise to reduce your monthly mortgage payment or take other steps to save your home – all for an upfront fee. Unfortunately, homeowners find out too late that no work was done and calls to the company go unanswered. If you are facing foreclosure, seek free assistance from a legitimate nonprofit like the Indiana Foreclosure Prevention Network at www.877gethope.org.

5. Home repairs and construction

Door-to-door salesman offering home improvement services – especially after damaging storms – may pressure homeowners into making quick decisions. Do your research on the contractor and compare bids with other local and reputable companies. Indiana law requires home improvement contracts exceeding $150 to be in writing. Never pay for the entire project before the work begins and do not pay more than one third of the total cost as a down payment. Remaining payments should be tied to completion of specified amounts of work.

6. Telemarketing calls

Indiana’s Do Not Call law protects registered numbers from receiving legitimate telemarketing calls. Unfortunately, illegitimate businesses and scammers skirt the law by not purchasing the list and trying to deceive consumers with phony sales pitches. That’s why if you are on the Do Not Call list and receive a sales call or text message you can count on it being a scam. Those on the state’s list can file a complaint with the Attorney General’s office at www.indianaconsumer.com.

7. Identity theft

Staying alert and being able to spot the signs of identity theft can help you thwart identity thieves. Monitoring your financial statements regularly and checking your credit report at least once a year can help you detect errors, accounts you never opened, and/or bills sent to the wrong address – all signs that someone else is using and ruining, your name and credit. To learn more about protecting yourself or recovering from ID theft visit www.IndianaConsumer.com.

8. Retail stores

Carefully check the store’s refund policy before making a purchase to know whether you can expect a cash refund, in-store credit or an exchange. Layaway plans, while often helpful, can contain hidden fees or refund restrictions. That’s why it is important to get a copy of the layaway policy in writing before you start making payments.

9. Landlord or tenant related
Tenants have certain rights under Indiana law and it’s important to understand them before entering into any lease. Make sure you thoroughly read and understand your lease to determine your obligations as well as the landlord’s responsibilities.

10. Wireless phone providers

Before contracting with a wireless service provider make sure you research the company, network and plan. Compare several different providers to determine what plan fits your needs and budget. In addition to your plan’s costs, make sure you consider other charges like activation fees, insurance and overages.

Shocking news today as there have been three separate school bus crashes in Indianapolis, however only one of the three bus crashes resulted in anyone being hurt. All three school buses were operated by the Indianpolis Public Schools and all three happened within two hours of each other this morning.

Police reports are that four kids were taken to a local hospital after being involved in an Indianapolis school bus crash that happened around eight o’clock this morning.    They were the only passengers on the school bus that was headed for a local elementary school when the school bus was rear-ended by a car.

No one was injured in the other two school bus accidents, where luckily one bus from Pike Township only carried two children as passengers at the time that it crashed into a car (7:20am). That car caught fire after the crash; however, no one was hospitalized after this accident. No details as yet on the third IPS bus crash which was the last crash of the day (8:40 am).

Safety Issues for School Buses

School buses and other buses that carry children (e.g., camp buses, church buses, etc.) should carry insurance to cover any injuries that may occur in a school bus crash.  In fact,less than a year ago Governor Quinn of Illinois signed into law additional protections for kids that clarify the requirements for liability insurance coverage of buses that carry children in that state.

There is good reason for this:  there are times when school bus accidents are much more serious than the three that happened this morning.  It is almost one year to the day that another school bus crash resulted in the death of Donasty Smith, 5, when the Lighthouse Charter School bus she rode crashed into a pillar last March 12. Her parents later sued for her wrongful death, bringing into question the safety of school buses in this area.

Only six states require seat belts for school buses: California, Florida, Louisiana, New Jersey, New York, and Texas.  Other states rely upon a concept approved by the federal agency, the National Highway Traffic Safety Administration (NHTSA), referred to as “compartmentalization” which suggests that the size of the school bus together with how the seats are fitted into the bus itself act to provide adequate safety for children without the need for seat belts.

It is true that the percentages of deaths caused by school bus crashes are low.  However, whenever news arrives that kids have been hurt in a bus crash those overall national statistics go out the window.  Kids deserve to be safe and school districts must be responsible for making sure that children are safe by providing the safest vehicle possible as well as skilled and reputable drivers.

Image:  School bus, public domain, Wikimedia Commons.

Yesterday, a jury returned to a New Jersey courtroom and returned their verdict of $3,350,000 against Johnson & Johnson, and for a South Dakota plaintiff named Linda Gross, in the first of almost 2000 vaginal mesh product injury cases filed by women all across the country suffering from conditions like pelvic organ collapse against Johnson & Johnson and its subsidiary company, Ethicon.   Ms. Gross has had to endure 18 surgeries to try and fix what has happened to her because of this defective product.

There are also other vaginal mesh cases that are on file, against other manufacturers of vaginal mesh products, that may be impacted by the decision of this one jury of twelve people this week.  Additionally, the New Jersey case isn’t over: this morning, a hearing began on how much money will be assessed against Johnson & Johnson and Ethicon in punitive damages.

Johnson & Johnson is facing allegations that its promotional materials for its vaginal mesh product, an implant placed into the body, did not give her doctor enough information about the risks and dangers of this product and as a result, these plaintiffs have suffered serious harm.  And this is something that Johnson & Johnson has deem a serious enough danger to its own bottom line that it has notified its stockholders of these pending lawsuits in its latest Annual Report to its shareholders.

In its Annual Report,  filed February 22, 2013, Johnson & Johnson reports that 42 state attorneys general, led by the California Attorney General, are investigating allegations into its vaginal mesh implants as well as its surgical mesh and right now, the company and its subsidiaries have agreed in writing with these states to toll the statute of limitations (or filing deadline) on the state’s potential lawsuits while these investigation continue.

What is Pelvic Organ Prolapse and Who Needs Vaginal Mesh Surgery?

Women suffer from pelvic organ prolapse, or POP, when one of their internal organs – most often, the bladder – to fall or prolapse from its natural position because abdominal muscles have stretched and have been weakened due to things like giving birth.  Sometimes, more than one organ is involved, or falls.

Women experiencing POP will have a variety of symptoms and there are treatment options to be tried before surgery is considered.  Symptoms include:

• Feeling pressure from pelvic organs pressing against the sides of your vagina.
• Feeling very full in your lower belly.
• Feeling as if something is falling out of your vagina or feeling something in your vagina when you wipe after using the bathroom.
• Feeling a pull or stretch in your groin area or pain in your lower back.
• Releasing urine without meaning to (incontinence), or needing to urinate a lot.
• Having pain during sex.
• Having problems with your bladder or bowels, such as constipation or problems emptying your bladder.

FDA Information for Those Who Have or Are Considering Vaginal Mesh Surgery ( Pelvic Organ Prolapse or POP Surgery)

The FDA has been monitoring these vaginal mesh products and on its website, the following information is provided to women suffering from pelvic organ prolapse or needing transvaginal repair. Here, from the Food and Drug Administration website:

Women who have mesh surgery may be at risk for needing additional surgery due to mesh-related complications. In a small number of patients, repeat surgery may not resolve complications.  Ask your surgeon about all POP treatment options, including surgical repair with or without mesh and non-surgical options, and understand why your surgeon may be recommending treatment of POP with mesh.

If you are considering surgery with the use of surgical mesh to repair your POP, ask your surgeon these questions BEFORE you agree to the procedure:

• Are you planning to use mesh in my surgery?
• Why do you think I am a good candidate for surgical mesh?
• Why is surgical mesh being chosen for my repair?
• What are the alternatives to transvaginal surgical mesh repair for POP, including non-surgical options?
• What are the pros and cons of using surgical mesh in my particular case? How likely is it that my repair could be successfully performed without using surgical mesh?
• Will my partner be able to feel the surgical mesh during sexual intercourse? What if the surgical mesh erodes through my vaginal wall?
• If surgical mesh is to be used, how often have you implanted this particular product? What results have your other patients had with this product?
• What can I expect to feel after surgery and for how long?
• Which specific side effects should I report to you after the surgery?
• If I develop a complication, will you treat it or will I be referred to a specialist experienced with surgical mesh complications?
• What if the mesh surgery doesn’t correct my problem?
• If I develop a complication, will you treat it or will I be referred to a specialist experienced with surgical mesh complications?
• If I have a complication related to the surgical mesh, how likely is it that the surgical mesh could be removed and what could be the consequences?
• If a surgical mesh is to be used, is there patient information that comes with the product, and can I have a copy?

If you have surgery with mesh to repair your POP, you should:

• Continue with your annual and other routine check-ups and follow-up care. There is no need to take additional action if you are satisfied with your surgery and are not having complications or symptoms.
• Notify your health care provider if you have complications or symptoms, including persistent vaginal bleeding or discharge, pelvic or groin pain or pain with sex, that last after your follow-up appointment.
• Let your health care provider know you have surgical mesh, especially if you plan to have another surgery or other medical procedures.
• Talk to your health care provider about any questions you may have.

For 11 years in a row, the number of people dying from drug overdoses in the United States keeps getting higher, according to a report published this month in the Journal of the American Medical Association (JAMA) by Christopher M. Jones, Pharm.D.; Karin A. Mack, Ph.D.; and Leonard J. Paulozzi, M.D. entitled, “Pharmaceutical Overdose Deaths, United States, 2010.”

But these aren’t deaths caused by illegal drugs like crystal methamphetamine or cocaine: people are dying from drugs that are dispensed by pharmacies or clinics or hospitals and prescribed by doctors.  Drugs overseen by health care professionals are the ones that are killing more and more people in America today.

The Biggest Problem:  Pain Pills

The big three prescription drugs that are killing people appear to be the pain medications oxycodone, hydrocodone, and methadone. (Methadone is widely known as a treatment for those addicted to heroin, however it is also a powerful and popular pain reliever.)   These pain medications were involved in about 75% of the pharmaceutical overdose deaths in 2010.

Another Growing Problem: Anti-Anxiety Drugs and Anti-Depressants

Additionally, lots of serious (and dangerous) prescription drugs are being given to people who are undergoing treatment for mental illness.  Benzodiazepines (anti-anxiety drugs) were involved in nearly 30% of these reported deaths; antidepressants in 18%, and antipsychotic drugs in 6%.

“Patients with mental health or substance use disorders are at increased risk for nonmedical use and overdose from prescription painkillers as well as being prescribed high doses of these drugs,” said CDC Director Tom Frieden, M.D., M.P.H. “Appropriate screening, identification, and clinical management by health care providers are essential parts of both behavioral health and chronic pain management.”

Common names for benzodiazepines – do you or a loved one take one of these?

Doral -generic name: quazepam
Onfi – generic name: clobazam
Niravam – generic name: alprazolam
Prosom – generic name: estazolam
Alprazolam Intensol – generic name: alprazolam
Dalmane -generic name: flurazepam
Diazepam Intensol – generic name: diazepam
Versed – generic name: midazolam
Xanax XR – generic name: alprazolam
Serax – generic name: oxazepam
Xanax – generic name: alprazolam
Klonopin – generic name: clonazepam
Valium – generic name: diazepam
Halcion – generic name: triazolam
Klonopin Wafer – generic name: clonazepam
Librium – chlordiazepoxide
Ativan – generic name: lorazepam
Tranxene – generic name: clorazepate
Restoril – generic name: temazepam
Diastat – generic name: diazepam
Tranxene T-Tab – generic name: clorazepate
Lorazepam Intensol – generic name: lorazepam
Tranxene SD – generic name: clorazepate
Diastat AcuDial – generic name: diazepam
Diastat Pediatric – generic name: diazepam
Paxipam – generic name: halazepam
Valrelease – generic name: diazepam

Common names for antidepressants – do you or a loved one take one of these?

Abilify (ariprazole) – used in combination with antidepressants
Adapin (doxepin)
Anafranil (clomipramine)
Aplenzin (bupropion)
Asendin (amoxapine)
Aventyl HCI (nortriptyline)
Celexa (citalopram)
Cymbalta (duloxetine)
Desyrel (trazodone)
Effexor XR (venlafaxine)
Emsam (selegiline)
Etrafon (perphenazine and amitriptyline)
Elavil (amitriptyline)
Endep (amitriptyline)
Lexapro (escitalopram)
Limbitrol (amitriptyline and chlordiazepoxide)
Marplan (isocarboxazid)
Nardil (phenelzine)
Norpramin (desipramine)
Oleptro (trazodone)
Pamelor (nortriptyline)
Parnate (tranylcypromine)
Paxil (paroxetine)
Pexeva (paroxetine)
Prozac (fluoxetine)
Pristiq (desvenlafaxine)
Remeron (mirtazapine)
Sarafem (fluoxetine)
Seroquel XR (quetiapine) — used in combination with antidepressants
Serzone (nefazodone)
Sinequan (doxepin)
Surmontil (trimipramine)
Symbyax (fluoxetine and olanzapine)
Tofranil (imipramine)
Triavil (perphenazine and amitriptyline)
Viibryd (vilazodone)
Vivactil (protriptyline)
Wellbutrin (bupropion)
Zoloft (sertraline)
Zyprexa (olanzapine) — used in combination with antidepressants

__________________________

From the Center for Disease Control:

1.  38,329 people died from a drug overdose in the United States in 2010, up from 37,004 deaths in 2009.

2.  There has been a  steady rise in overdose deaths seen over the past 11 years, starting with 16,849 deaths in 1999.

3.  Overdose deaths involving opioid analgesics have shown a similar increase. Starting with 4,030 deaths in 1999, the number of deaths increased to 15,597 in 2009 and 16,651 in 2010.

4.  In 2010, nearly 60 percent of the drug overdose deaths (22,134) involved pharmaceutical drugs.

5.  Opioid analgesics, such as oxycodone, hydrocodone, andmethadone, were involved in about 3 of every 4 pharmaceutical overdose deaths (16,651), confirming the predominant role opioid analgesics play in drug overdose deaths.

Motorcoaches are buses – the big buses that people take to get from one place to another. You recognize their names: Greyhound, Trailways. They’re also regional motorcoach bus companies: shuttles and local or regional motorcoach companies (go here for the list of those operating in Indiana, for example).

FMCSA oversees the safety of 4,000+ motorcoach companies (buses) in the United States, which combined together have 700,000,000+ passengers take trips on their buses annually.  It’s a nice, economical method of transportation and many people enjoy bus travel today.  It’s considered safe, dependable travel.

However, when these big monster vehicles crash, there can be lots of people seriously injured or wrongfully killed in the bus accident.   Motorcoach bus crashes are very dangerous.

Which is why today, the U.S. Department of  Transportation and its Federal Motor Carrier Safety Administration (FMCSA) announced an immediate, targeted safety “crackdown” where the federal agency will be sending out specially trained investigative teams to check out these bus motorcoach companies.  It’s going to happen fast, too: the federal crackdown will start now and it’s first investigation phase continue for the next two months.

Law enforcement officers at both the state and local levels are being asked by FMCSA to focus on buses now, too: to check for things like bus motorcoach drivers driving over the speed limit, or changing lanes in a dangerous manner.  FMCSA is asking traffic cops to watch buses for things like distracting driving too:  bus drivers using a cell phone or texting are being targeted here.

“Our fundamental goal is to ensure the safety of passengers on our roadways and save lives,” said Secretary LaHood. “We’ve seen the tragic consequences when motorcoach companies cut corners and do not make safety a top priority. With this goal at the top of our priorities, we can continue to raise the safety bar for the entire industry.”

What are the bus dangers that the federal motorcoach investigators will be investigating?

After getting special training, these FMCSA inspectors are going to be looking into things like:

• bus operating schedules
• motorcoach equipment storage
• bus driver qualifications.

Why the big crackdown?  According to the FMCSA release today, the two big bus crashes in Oregon and California in recent months has resulted in lots of regulatory concern over how safe – or unsafe – it is to ride a bus on American roadways today.

“Motorcoach safety is at the center of this agency’s radar,” said FMCSA Administrator Anne S. Ferro. “While motorcoach travel is among the safest forms of roadway transportation today, it can and must be safer. The traveling public deserves no less.”

Big rigs, 18 wheelers, tractor trailers, semis: whatever you call those big commercial trucks that share the roads with family cars, motorcycles, and SUVs, they are likely to be involved in traffic accidents that include serious injuries or deaths because of their size, their weight, and their volume (and sometimes, their speed).  It’s true for the roadways here in Indiana, Illinois, and our surrounding communities as well as across the country.  And it’s true for other parts of the world, as well, since these big trucks are used all around the globe to move products and cargo from place to place.

Which is why the new study from Volvo Trucks’ Accident Research Team regarding safety and road accidents in Europe is important for Americans to consider when dealing with the dangers of commercial trucks sharing the roads with other traffic.

According to the Volvo Trucks’ European Accident Research and Safety Report 2013 (read it here), nine out of ten accidents (that’s right:  9 out of 10 accidents) involving trucks happened because of the human factor.  From the Report (page 6):

The two most common human factor related factors that contribute to heavy truck accidents are failure to look properly and failure to judge another person’s path or speed. When the vehicle contributes to the accident, the most common cause is limited visibility due to blind spots.

Volvo Trucks’ Accident Research Team bases its findings not only on Volvo’s own investigations and research but from compiling data collected from various reputable sources in the various 27 countries that make up the European Union.  According to Volvo’s finding, these big rig crashes are due to human drivers in either the truck or the other vehicle(s) in the accident, and speed isn’t gauged correctly by a driver or there’s an instance of distracted driving.  Driving under the influence of drugs or alcohol did not seem to be a problem in the European study of trucking accidents.

After Nevada Crash, New Regulations Proposed for U.S. Truckers by NTSB to FMCSA

Meanwhile, on our side of the pond, the federal government is working out more regulations of truckers after the June 2011 tragedy where a commercial truck collided with a train in Reno, Nevada.    The National Transportation Safety Board has just issued 19 new safety regulations as a result of its investigation of this single accident, and if these proposals become law then trucking companies will have a lot more to do in checking out who is driving their trucks.  Here’s what the NTSB wants to see happen:

• Create a mechanism to gather and record commercial driving-related employment history information about all drivers who have a commercial driver’s license, and make this information available to all prospective motor carrier employers.
• Using that mechanism to require motor carriers to conduct and document investigations into the employment records of prospective drivers for the 10 years that precede the application date.
• Require motor carriers to retrieve records from the Commercial Driver’s License Information System and the National Driver Register for all driver applicants so that they can obtain a complete driving and license history of prospective drivers.
• Inform commercial vehicle inspectors of (1) the importance of taking pushrod stroke measurements within the specified pressure range, (2) the relationship between pushrod stroke and specific air pressure, and (3) the consequence of taking measurements outside of this range.

Read the NTSB’s Accident Report regarding the Nevada Truck – Train Collision here.According to the Report, delayed braking of the truck was a contributing factor to the crash:

Commercial driver fatigue and distraction: Despite visual cues provided by the active grade crossing directly in front of him, the truck driver did not begin skidding and depositing tire marks on the roadway until it was too late to avoid a collision with the passing train.

The news is still coming in today about a tragic traffic accident that happened early this morning on the Bishop Ford Freeway in Dalton, Illinois: a beautiful young woman somehow fell out of a moving SUV and after hitting the pavement was run over by both a semi truck and a car.  So far, it’s known that Jennifer Mitchell died at the scene of this horrific accident and that the driver of the SUV is being questioned by law enforcement, after leaving the scene and being treated at a hospital.

Our condolences to the Loved Ones of Jennifer Mitchell. Of course, the first thing is for condolences to be shared and sent out to the family and friends of this lovely young woman.  We all share in the shock and sadness of what happened this morning and hope that Jennifer Mitchell’s loved ones are finding some comfort in sharing their grief today.

Complications of an Accident Injury Investigation.  The second thing is to consider and wonder what exactly happened here.  While the news stories are still scant on details, this fatality does serve to demonstrate how complicated traffic crash cases can be — over the years, we have seen how true mysteries can exist in an accident case that takes professional investigators with all their technological tools to figure out exactly what has occurred.

While many people want to know what happened here, it will take the input of many professionals:  hospital lab staff, doctors, EMTs, police officers, police investigators, Troopers, experts in accident scene reconstruction, witnesses to the accident, etc.  Accident investigations can be extremely complex.

The truth of this tragedy will not become clear as soon as anyone would like.  Was there a road hazard?  Was there distracted driving?  Was there a failure in the vehicle itself?  (Did the seat belt fail?  Did the brakes?  Did the steering?)  What about the lighting?  What about the drivers of all the vehicles involved here?  What was the weather like then?

Jennifer Mitchell and her family deserve to have the truth of what has happened to cause her untimely death come to light.  Hopefully, this will happen soon.  However, we must all be aware that finding the facts and organizing them into the true and complete story of what happened before dawn this morning will take time — and it’s the right thing to do, to take that time, in order to determine the full truth and bring justice to this young woman.

Studies have shown that one of the most dangerous jobs to have in the United States today is a job where you’re dedicated to helping others who are hurt and suffering from accidents and injuries:  according to the Bureau of Labor Statistics, 20% of all occupational illnesses and injuries happening to American workers that were serious enough that they had to miss work happened to these five jobs:

• laborers;
• nursing aides and orderlies and attendants;
• janitors and cleaners;
• heavy and tractor-trailer truck drivers; and
• police officers and sheriff’s patrol officers.

What’s going on? According to the Centers for Disease Control (a part of the National Institute for Occupational Safety and Health), those who work in the health care industry are faced with unique conditions and situations which contribute to their risk for injury and illness.  From the CDC:

Workers in the Healthcare and Social Assistance (HCSA) sector are potentially exposed to a wide range of health and safety hazards including infectious, chemical, and physical agents; sprains and strains associated with lifting and repetitive tasks; workplace stress, workplace violence; and risks associated with changing organization of work. Although it is possible to prevent or reduce worker exposure to these hazards, workers in the HCSA sector are experiencing higher rates of illness and injury as compared to all private industry.

The Department of Labor for the State of Indiana Responds to Dangers of Working in the Indiana Health Care Industry With New Worker Protections

Today, the Indiana Department of Labor announced that after considering the dangers that Hoosiers working in various parts of the health care industry in Indiana are facing each work day, that the State of Indiana will be instituting a new State-Wide Initiative to Reduce the High Rate of Worker Injury and Illness in the Indiana Health Care Industry.

“All Hoosier workers deserve the safest working environment possible,”said Indiana Department of Labor Commissioner Sean M. Keefer. “The Indiana Department of Labor is reaching out to healthcare industry employers and employees and encouraging them to take a proactive role in making employee safety and health a top priority.”

According to the DOL, here’s what Indiana health care workers are facing:

1. Musculoskeletal disorders – Sprains, strains and tears most commonly affecting the back, neck and shoulder. These injuries are usually caused by improper patient handling\lifting and repetitive stress.
2. Slip, trip and fall hazards – Most often attributed to patient handling issues and during facility cleaning and maintenance.
3. Workplace violence – Defined as threats of violence or physical violence against an employee by a patient, visitor or another employee
4. Exposure to blood borne pathogens and other potentially infectious materials– Accidental needle sticks and cuts by medical instruments. Also, exposure to human blood and waste products
5. Exposure to drug resistant diseases – Hospitals and extended care facilities have higher rates of exposure to MRSA and other multi-drug resistant infections.
6. Exposure to Tuberculosis (TB) – Tuberculosis is significantly more common in nursing homes and extended care facilities. Workers in those environments are much more likely to contract the disease.
7. Chemical and material safety issue – Exposure to strong disinfectants and cleaners.

Starting today, the state government is working to make it safer to work in health care environments and undoubtedly, new state standards will result.  However, these actions will come from the executive and legislative areas of government — and for many companies that operate for a profit (as many health care facilities do these days), the sad reality is that safer work environments for many health care workers will happen through the judicial branch, where their bottom line profits are directly impacted by slip and fallclaims; personal injury claims; workers’ compensation suits and the like.

In a new report, the first of its kind from the Centers for Disease Control since 1999, theCDC has announced the results of their research into food poisoning in the United States, and there results are shocking:

1 in 6 people in the United States are going to get sick from the food they eat; and each year 128,000 become so ill from food poisoning that they have to be admitted to the hospital. Sadly, 3000 of these victims die each year – just because they ate something that was toxic to humans, and shouldn’t have been made available to them.

That’s 48 million people every year who get sick from food poisoning.

The CDC has also gone one step further: its also provided information on what kinds of foods are poisoning the most people. Fish, you think?  Well, fish is in the top risks: however, produce, eggs, and meats harm more people each year in this country than seafood.

This new report should serve as a warning to those who are in the business of profiting from the sale of food or food products to the public, as well as those that serve food to their clients, customers, patients, or students.  Schools, restaurants, hospitals, nursing homes, dorm cafeterias, hotel buffets, and more need to take care to meet their duty to clean produce and monitor their foodstuffs to make sure that people are not harmed by eating food that these organizations serve to them.

Click here to read the full CDC report:

Truck drivers, take note:  even if you move your big rig or semi or tractor trailer through a state that allows recreational marijuana (Colorado, Washington) or medical marijuana, the federal authorities are not going to budge one iota on maintaining safety protocols regarding the use of drugs or alcohol while driving commercial trucks.

Seventeen states have passed legislation that approves the use of medicinal marijuanain some measure:

1996 – California
1998 – Alaska, Oregon, Washington
1999 – Maine
2000 – Colorado, Hawaii, Nevada
2004 – Montana
2006 – Rhode Island
2007 – New Mexico, Vermont
2008 – Michigan
2010 – Arizona, New Jersey
2011 – Delaware, Washington DC
2012 – Connecticut, Massachusetts

Truck Drivers Tempted to Use Cannibis Should Be Warned:  Federal Law Still Imposes Same Safety Standards on Their Driving on the Job on Interstate Roadways.

While Indiana and Illinois do not authorize the use of marijuana for any reason, it is also true that these two states are a trade-traffic hub for interstate trucks moving cargo from coast to coast.  Every day, people in our communities share roadways with truckers driving big rigs, semis, and 18-wheelers that are merely moving through our states as they zip from place to place, moving product.  Some of these truck routes will, of course, include moving through the states that have authorized marijuana.

For truck drivers that take advantage of the opportunity to access marijuana in these states, be warned.  The federal government isn’t budging here. (And neither has Indiana or Illinois legislatures or courts on the duty of care required by those moving on roads within their state lines.)

In an official Department of Transportation Notice, Jim Swart as Director of the Office of the Secretary of Transportation announced the following:

Recently, some states passed initiatives to permit use of marijuana for so-called “recreational” purposes. We have had several inquiries about whether these state initiatives will have an impact upon the Department of Transportation’s longstanding regulation about the use of marijuana by safety sensitive transportation employees – pilots, school bus drivers, truck drivers, train engineers, subway operators, aircraft maintenance personnel, transit fire-armed security personnel, ship captains, and pipeline emergency response personnel, among others.

We want to make it perfectly clear that the state initiatives will have no bearing on the Department of Transportation’s regulated drug testing program. The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40 – does not authorize the use of Schedule I drugs, including marijuana, for any reason.

Therefore, Medical Review Officers (MROs) will not verify a drug test as negative based upon learning that the employee used “recreational marijuana” when states have passed “recreational marijuana” initiatives. We also firmly reiterate that an MRO will not verify a drug test negative based upon information
that a physician recommended that the employee use “medical marijuana” when states have passed “medical marijuana” initiatives. It is important to note that marijuana remains a drug listed in Schedule I of the Controlled Substances Act.

It remains unacceptable for any safety-sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana.

Last week, the National Highway Traffic Safety Administration (NHTSA) announced its tally of recalls in 2012 and it is shocking to think that in one year alone almost 18,000,000 vehicles driving on American roads along with the equipment for those vehicles as well as things like car safety seats for children were so flawed and unsafe that they were dangerous enough to warrant a product recall.

These are recalls dealing solely with the expertise of NHTSA in vehicle safety. This huge number of product recalls does not include things like drugs, food items, toys, furniture, clothing, or other products outside of the NHTSA purview.

According to the NHTSA report, consumers taking the time to report a complaint was a big help to the agency. In 2012, NHTSA received 41,912 complaints about car safety issues. However, the number of consumer complaints to NHTSA has gone down in the past few years: compare last year with the total complaints of 2011 (49,417) and the much higher number (65,765) in 2010.

To file a concern about possible danger of a car-related product (car, tire, seats, etc.) you can:

• file a complaint online here
• call NHTSA to report your concern at 888-327-4236 (toll-free)

For more information, go here for the NHTSA 2012 recall report and go here for the NHTSA report of 2012 Recalls by Manufacturers.

Note: Reporting a complaint about a dangerous product helps the federal government learn of dangers to the public and move to get unsafe products out of the stream of commerce.  This is not the same as filing an individual claim for damages sustained by a product; for that, you need to pursue individual avenues like filing insurance claims, making police reports, and suing in state or federal court based upon product liability and personal injury laws.

Medical records contain extremely personal information – anything from weight and age, to chronic medical conditions that some might find embarrassing if widely known (for example, minor skin rashes) to serious health issues that might impact someone’s ability to find and keep a job, or to be accepted in various social situations where stigmas regarding certain medical conditions or illnesses still exist.  There are many, many good reasons for an individual’s medical records to be protected as private information.

Correspondingly, from a personal injury advocate’s point of view, the sanctity and security of medical records need the utmost protection because it is only through the veracity of these health care records that justice can be determined in many situations: not only in the determination of long term health care needs in assessing damages claims and settlement amounts in injury cases (especially those involving TBIs, spinal cord injuries, and other debilitating conditions) but also in the investigation of proximate cause of injuries in situations involving doctor error, medical malpractice, drug injuries, and other medical harms.

HIPAA Protects Patient Privacy

One protection provided to medical records and their confidentiality has been the Health Insurance Portability and Accountability Act of 1996 (HIPAA).   Under HIPAA, federal law protects the confidentiality of a patient’s personal health information as it has been recorded by various health care providers (hospitals, doctors, clinics, labs, etc.) and the law also gives patients specific rights to access that health information.  As written, HIPPA allows disclosure of your personal health information when it is needed to assist in your current medical care needs as well as other important uses (like investigating whether or not improper treatment was provided).

Now, the federal government has acted to create another rule to protect privacy in patient files:  the Department of Health and Human Services has announced a new rule to work under the umbrella of HIPPA:  the “final omnibus rule.”

“Much has changed in health care since HIPAA was enacted over fifteen years ago,” said HHS Secretary Kathleen Sebelius. “The new rule will help protect patient privacy and safeguard patients’ health information in an ever expanding digital age.”

According to the HHS Release announcing the new rule, these changes will patch holes discovered in the past, especially revelations of patient health information that have come through “business associates” of health care providers and health insurance claims processing companies.

Additionally, patients are now going to be able to request and receive electronic versions of their medical records (i.e., get them by email from their doctor, etc.).

“This final omnibus rule marks the most sweeping changes to the HIPAA Privacy and Security Rules since they were first implemented,” said HHS Office for Civil Rights Director Leon Rodriguez. “These changes not only greatly enhance a patient’s privacy rights and protections, but also strengthen the ability of my office to vigorously enforce the HIPAA privacy and security protections, regardless of whether the information is being held by a health plan, a health care provider, or one of their business associates.”

You can read the new rule online.

Energy drinks are extremely popular these days and different energy drink products are marketed to target different segments of the population:  some of the energy drinks are popular with kids and teens; some are popular with workers and adults who generally need an energy boost in the afternoons; others are promoted to athletes and those participating in sports.

Some of the more successful energy drinks on sale today include RedBull; Monster; NOS; RockStar; and AMP. Energy shots like 5-Hour Energy are also of concern, but energy “shots” are considered as a separate product (and different concern for studies) than the energy drink beverages sold in containers similar to soft drinks.

No matter the name of the energy drink, or the targeted customer, these energy drinks may be very dangerous to drink and it’s no surprise that back in November we posted about the Food and Drug Administration beginning a federal study into the safety of energy drinks being sold in the United States today.

Once again, there are products on the store shelves we all shop in our daily lives that may contain products for sale that are dangerous for us — or our loved ones.  There arenews reports that this product, the energy drink, may be so dangerous that people are dying after using it.

What is an “Energy Drink” product?

The dangers of energy drinks aren’t being considered regarding the common morning cup o’joe or the afternoon mug of green tea.  Both coffee and tea do contain caffiene and are traditional drinks used to pep up but they aren’t the target of growing concern over “energy drinks.”  The focus here is on a new type of popular product that is marketing for its “energizing” effects and which contains ingredients purported to give energy when digested.

For example, most energy drinks do have caffeine in them but in much higher amounts that traditional coffee or tea.  Depending upon the product, there may be additions of sugar; ginseng; guarana; taurine; and other stimulants.

New Study:  Big Jump in ER Visits From Energy Drinks

According to this newly released study from the Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration, from 2007 to 2011, there was an estimated jump in Emergency Room visits of 10,000 to 20,000 due to energy drinks in this country.  Most of the ER treatment for energy drink consumption was given to young people:  kids in their teenage years or young adults not long out of their teens.  The federal report is considering energy drinks a “rising public health problem,” after surveying around 230 hospitals around the country.

Congress Calling for Action: Filing Claims Depends Upon Injury Victims and Their Families

Today, three members of Congress sent letters to several major energy drink manufacturers asking for information regarding their product. This may be the first step in Congressional investigation into the dangers of energy drinks, which would be an independent investigation from that of the Executive Branch’s ongoing FDA study.

Meanwhile, dangerous products do get sold in the American marketplace because profit is valued over safety, and products liability law is often the tool used to stop this wrongdoing. For those who have been injured by an energy drink, or who have a loved one who has been hurt by drinking an energy drink, there may be claims available to bring justice to you under state or federal law in the courtroom now.  Studies like this serve not only as a warning to the public but as support for these kinds of claims for justice.

Our Northwest Indiana and Chicagoland personal injury law firm is here to help you.  Please feel free to contact our offices for a free, initial legal consultation if you or a loved one has been seriously injured or killed due to the actions of another.  Kenneth J. Allen & Associates is here for you!

The Owner-Operator Independent Drivers Association is an organization dedicated to representing the interests of commercial truck drivers and other folk who drive for a living (professional drivers) and it has offices in every state in the United States as well as branches in Canada.  It’s a big group, men and women who own and operate big rigs and small truck fleets.   Part of OOIDA’s efforts are filing lawsuits in various state and federal courts, and the organization is zealous in its efforts to fight for its membership in courtrooms across the country. OOIDA’s history in litigation can be reviewed online in its Hot Cases listing.

So, it is not surprising that OOIDA has filed a petition for review with the United States Court of Appeals for the District of Columbia Circuit regarding an action taken by the Federal Motor Carrier Safety Administration. What OOIDA has done is ask the federal appeals court to review the FMCSA HOS rule on fatigued driving (for more on the federal regulations on truck driver fatigue check out our earlier posts on HOS rules).

According to the OOIDA, the review has been requested after OOIDA’s president wrote the FMCSA Administrator twice, asking that FMSCA work to stop possible harm to truckers around the country if the CVSA’s criteria for fatigue is used by law enforcement to judge the truck driver’s ability to do their job.  OOIDA also wants the CVSA criteria to be rescinded by FMCSA and any driver fatigue violations from April 2012 forward be erased from the driver’s records in the Employment Screening files.

“The FMCSA and its predecessor agencies have repeatedly stated in various rulemaking proceedings that there is no adequate scientific or medical basis that would allow enforcement officers in the field to determine whether an individual driver is too fatigued to operate a vehicle safely,” OOIDA’s petition for review states. “Proposals to establish a performance based criteria for fatigue detection and regulation have always been rejected in favor of further study.”

For those suffering from less than perfect vision, laser eye surgery sounds almost magical and LASIK or Lasik (Laser-Assisted in Situ Keratomileusis) refractive eye surgery has become very popular to correct things like myopia and astigmatism.   All that’s needed is a visit to the local ophthalmologist, where a laser is used on the human eye to modify the cornea and improve vision.

Lots of people love the result.  It’s a permanent change to their vision, for the better.  They can toss out those contact lenses permanently.

However, once again things that sound too good to be true usually are, and LASIK laser eye surgery isn’t without its problems and risks. Web.MD, for example, warns that:

1. LASIK is a done deal:  the cornea is permanently changed in laser eye surgery and the doctor can’t change it back to how it was before.
2. LASIK is not an easy procedure, it’s actually very complicated.  It’s important to have someone experienced in LASIK surgery here.
3. Even experienced practitioners can make a mistake, and if the flap is cut in the cornea, there can be damage to vision that cannot be fixed.

Now, however, it seems that there are even more complications for those considering LASIK laser eye surgery.  It seems that there are some providers of this procedure that are not giving out full details on what can happen in laser corrective eye surgery so that their patients have all the information needed to make a fully informed decision on whether or not to proceed.

That means some people may suffer serious injury as a result of not being fully informed before undergoing the procedure.  That’s a serious situation and the FDA has taken action.

The Food and Drug Administration (FDA) has issued a public warning to 5 Eye Care Providers to stop misleading advertising and promotion of refractive lasers used in eye surgery procedures such as LASIK.

This week, the FDA formally issued a warning to eye care providers across the country that they were not doing enough to inform their clients (patients) of the dangers and risks and possible bad results of having LASIK laser eye surgery.

From the FDA Press Release:

The FDA found that the providers’ advertisements and promotional materials did not offer consumers adequate information about associated risks, as well as warnings and possible adverse events.

The five providers that received FDA Warning Letters are:

• 20/20 Institute Indianapolis LASIK, of Indianapolis
• Scott Hyver Visioncare Inc., of Daly City, Calif.
• Rand Eye Institute, of Deerfield Beach, Fla.
• Eye Center of Texas, of Bellaire, Texas
• Woolfson Eye Institute, of Atlanta

“Advertising by many eye care professionals who perform laser vision correction surgery provides patients with the risk information that they need to make informed decisions,” said Steve Silverman, compliance director at FDA’s Center for Devices and Radiological Health. “But providers whose advertising does not provide adequate risk information are finding out today that the FDA is serious about consumer protection.”

Vision correction surgery with refractive lasers is intended to reduce a person’s dependency on glasses or contact lenses. In refractive surgery, precise and controlled removal of corneal tissue by a special laser permanently reshapes the cornea (a part of the eye that helps focus light to create an image on the retina) and changes its focusing power. LASIK, which stands for Laser-Assisted In Situ Keratomileusis, is one type of vision correction surgery that uses refractive lasers to correct nearsightedness, farsightedness, and astigmatism.

The most common risks of LASIK vision correction surgery with refractive lasers include:

• dry eye syndrome, which can be severe;
• the possible need for glasses or contact lenses after surgery;
• visual symptoms including halos, glare, starbursts, and double vision, which can be debilitating; and
• loss of vision.

The FDA may take further regulatory action, such as seizure, injunction and civil money penalties, against providers who do not correct their advertising and promotion to address concerns raised by the FDA.

The FDA issued letters in May 2009 and September 2011 to eye care professionals nationwide explaining the agency’s concerns about improper advertising and promotion of FDA-approved lasers. The FDA also issued letters in March 2012 to the American Society of Cataract and Refractive Surgery and the American Academy of Ophthalmology, providing additional information about disclosing risk information in eye care professionals’ advertisements and promotional materials concerning FDA-approved lasers intended for LASIK.

The FDA website includes information on the risks and benefits of LASIK, and provides access to the labeling for FDA-approved lasers used in LASIK. The FDA encourages consumers considering LASIK to understand what might make them poor candidates for the procedure, the risks and limitations of the procedure and the particular laser that would be used to perform the procedure. The FDA also recommends that consumers consult an experienced eye care professional to know what to expect before, during, and after LASIK surgery.

The FDA reminds consumers that eye surgery such as LASIK is irreversible, that not all patients will achieve optimal results, and that some patients may need additional procedures.

For more information:

LASIK information for consumers

The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.

By Bob Kasarda bob.kasarda@nwi.com, (219) 548-4345

VALPARAISO | Two families were awarded $18.5 million after a trucking crash killed two Michigan men.

A device recovered from a semitrailer truck involved in a fatal crash on an icy stretch of Interstate 94 revealed the driver was using his cruise control at 65 mph and hit his brakes just one second before the collision, according to attorney Kenneth J. Allen.

He said the victims' families are hoping the case will bring attention to truck drivers who may be driving in icy conditions.

"If you are driving a semi-tractor trailer through Northwest Indiana in wintry conditions, you better not try to drive on cruise control because if you do and you hurt or kill someone, you will be held accountable," he said.

Allen argued the driver and trucking company were negligent in causing the Feb. 3, 2011, crash, which resulted in the deaths of Michigan residents Daniel Van Dyke and Richard Hannah.

"(Driver) Earnest Johnson disregarded about every safety rule in the book," Allen told jurors during the start of this week's civil trial targeting Johnson and Celadon Trucking Services of Indianapolis.

Van Dyke's family was awarded $7.5 million and Hannah's family, including his two children, was awarded $11 million.

Celadon has filed its own suit targeting Van Dyke as being responsible for the crash, Allen said. The suit seeks reimbursement for damages to the truck.

South Haven resident Greg Hills, injured in the wreck in a third vehicle, also is targeting Johnson and Celadon.

"His own actions deprived him of the opportunity to avoid this tragic accident," Hills' attorney, David Pera, said, referring to Johnson.

Using a flat-screen television and a simulation of the crash, Allen told jurors his clients were westbound on Interstate 94 just east of the Portage interchange when another vehicle, driven by Hills, lost control and stopped in the road. Allen said his clients stopped their car behind Hills, at which time Johnson crashed into them.

Attorney Jim Milstone, representing Johnson and Celadon, said Hills broke the law by stopping in the highway, which resulted in the crash.

He said Van Dyke pulled in front of the truck.

Johnson had nine years of trucking experience and was driving 100,000 miles a year, Milstone said. He was hauling 21 tons of crushed marble on the day of the crash.

Here in the midst of the 2012 Holiday Season, the Illinois Department of Public Health has joined with the Centers for Disease Control to spread the word about the dangers of food products and their risk of serious personal injury to partygoers and folk at family gatherings.   Consider this:  the CDC estimates that 1 in 6 Americans (or 48 million people) will get sick this Holiday Season from something in their food with 128,000 needing to be hospitalized and shockingly, 3,000 people are estimated may die of foodborne disease.

“As a guest at holiday parties, there are a couple things you can watch out for to avoid foodborne illness.  Hot foods should be hot and cold foods cold. Bacteria will start to grow on food that should be served either cold or hot, that is sitting out for more than a couple hours at room temperature.  You should also be cautious when eating certain foods, such as raw oysters, egg drinks, soft-boiled eggs, steak tartare and rare or medium hamburger.  These foods can harbor bacteria that cause foodborne illness,” said Illinois Department of Public Health Director Dr. LaMar Hasbrouck.

What is illness or injury from food (foodborne illness or food poisoning)?

According to the CDC, food poisoning comes not only from food contaminated with bacteria or microbes, it’s also caused by poisonous chemicals or other bad things that find their way into the food that someone eats or drinks.  There are over 250 different illnesses that result from bad food that was eaten by the injury victim, resulting in illness or death from the inbibing of  bacteria, viruses, parasites, toxins, or chemicals.

People (especially children, pregnant women, and the elderly) can become very ill from food poisoning and are the most vulnerable to serious injury or wrongful death from injecting food that is tainted in some way (i.e., food poisoning).

Holiday Party Food  PreparationTips From the Illinois Department of Public Health

• Clean: Wash your hands with soap and warm water for twenty seconds before and after preparing food. Wash all utensils, dishes and countertops with hot soap and water. Rinse fresh produce with water.
• Separate: Avoid cross-contamination by keeping raw meat and poultry, and their juices, separate from fruits, vegetables, and cooked foods. Never use a utensil on cooked foods that was previously used on uncooked foods, unless it’s washed first with soap and water.
• Cook: Always use a food thermometer when cooking meat and poultry to make sure it’s cooked to a safe internal temperature.
• Chill: Refrigerate leftovers within two hours. Set your refrigerator at or below 40°F and the freezer at 0°F.

What to do If You Suspect Bad Food or Food Poisoning

First things first, of course, are to get needed medical attention for the person or people who are ill.  After that, there comes the tasks of reporting and investigating and seeking justice for injuries sustained by foodborne illness and food poisoning.

If you have a problem with a food product, according to the USDA website, separate government agencies are responsible for protecting different segments of the food supply.

• For Help with Meat, Poultry and Processed Egg Products: Call the toll-free USDA Meat and Poultry Hotline at 1-888-MPHotline (1-888-674-6854) or report the complaint online.
• For Help with Restaurant Food Problems: Call the Health Department in your city, county or state. View a complete listing of State Departments of Public Health.
• For Help with Non-Meat Food Products (Cereals, Fish, Produce, Fruit Juice, Pastas, Cheeses, etc): For complaints about food products which do not contain meat or poultry — such as cereal — call or write to the Food and Drug Administration (FDA). Check your local phone book under U.S. Government, Health and Human Services, to find an FDA office in your area. The FDA’s Center for Food Safety and Applied Nutrition can be reached at 1-888-723-3366.

And remember, save the container, the receipt, and all documentation related to the food in order to provide needed facts not only to the government agency investigating the food or drink item for dangers and potential recall, but for your own use in asserting a claim for damages against those responsible for the injuries sustained by you or a loved one.

Today, Toyota Motor Corporation announced that it will be paying the maximum allowable fine under federal law to the federal government in response to the investigation by the National Highway Traffic Safety Administration and NHTSA’s assertion that Toyota did not report a safety defect to the federal government in a timely manner.

How much will Toyota pay in fines?

$17.35 million.  It’s the biggest one-time penalty payment for recall violations that the NHTSA has ever got.

“Safety is our highest priority,” said U.S. Transportation Secretary Ray LaHood. “With today’s announcement, I expect Toyota to rigorously reinforce its commitment to adhering to United States safety regulations.”

What happened here?

Less than a year ago, NHTSA started looking into a problem with floor mat pedal entrapment in 2010 Lexus RX 350s in Vehicle Owner Questionnaires (VOQs) and Early Warning Reporting data. By the summer, Toyota had reported to NHTSA that the car maker was aware of 63 alleged incidents of possible floor mat pedal entrapment in Model Year 2010 Lexus RX 350s.

In June, Toyota recalled 154,036 Model Year 2010 Lexus RX 350 and Model Year 2010 RX 450h vehicles for floor mat pedal entrapment.

Read the complete agreement between Toyota and NHTSA here.

Read the Toyota Recall online here.

Own a Lexus?  Check your VIN number against the recall information here.

It’s time once again for the national, state, and local authorities to band together in a fight against serious injuries and wrongful deaths out on the holiday roadways that result from driving under the influence of drugs or alcohol.  This year, the National Highway Traffic Safety Administration has named the campaign as “Drive Sober or Get Pulled Over.”

You may see some of the ads over the holiday on television or hear the “Drive Sober or Get Pulled Over” messages on the radio.  The marketing campaign this year has “invisible” police officers who grab inebriated folk before they can drive away in their cars.  Working together with Mothers Against Drunk Drivers and state governors, NHTSA has spent millions of dollars trying to promote this message of “Drive Sober or Get Pulled Over,” with tips like:

• Plan ahead. If you will be drinking, do not drive. Designate a sober driver or arrange another safe way home.
• If you are impaired, find another way home. Use a taxi, call a sober friend or family member, use public transportation or contact your local sober ride program.
• Be responsible. If someone you know is drinking, do not let that person get behind the wheel. If you see an impaired driver on the road, contact law enforcement. Your actions may save someone’s life, and inaction could cost a life.

Meanwhile, the sad truth is that there will be drunk drivers on the holiday roads this December and tragedy will hit innocent families all because someone was drunk and driving a machine like a car or truck or van or motorcycle.  Police officers will police, organizations like MADD will warn and educate, but there will be fatalities.

In these situations, criminal laws will come into play forcing the drunk driver to give up his or her freedom as they are arrested and charged with violation of laws against driving drunk.  However, there will also be civil laws like personal injury laws and perhaps other laws like those that make a hotel or bar responsible for its patrons who get intoxicated on their premises and there may be laws that likewise make a host responsible for allowing their guest to leave a party to drive away while obviously drunk.

For example, Indiana statute § 7.1-5-10-15.5 states:

5. (a) As used in this section, “furnish” includes barter, deliver, sell, exchange, provide, or give away.
(b) A person who furnishes an alcoholic beverage to a person is not liable in a civil action for damages caused by the impairment or intoxication of the person who was furnished the alcoholic beverage unless:
(1) the person furnishing the alcoholic beverage had actual knowledge that the person to whom the alcoholic beverage was furnished was visibly intoxicated at the time the alcoholic beverage was furnished; and
(2) the intoxication of the person to whom the alcoholic beverage was furnished was a proximate cause of the death, injury, or damage alleged in the complaint.
(c) If a person who is at least twenty-one (21) years of age suffers injury or death proximately caused by the person’s voluntary intoxication, the:
(1) person;
(2) person’s dependents;
(3) person’s personal representative; or
(4) person’s heirs;
may not assert a claim for damages for personal injury or death against a person who furnished an alcoholic beverage that contributed to the person’s intoxication, unless subsections (b)(1) and (b)(2) apply.
As added by P.L.80-1986, SEC.1. Amended by P.L.76-1996, SEC.1.

Drunk drivers must be held responsible, however there may be applicable state laws that also extend a duty to those who are supplying that drink in certain situations.  That’s an important message to get out on this festive season as well.

Those CSA changes that we have been monitoring are becoming the law of the land, and this month the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has just implemented eleven new regulations in its Safety Measurement System (SMS), each targeting the safety of commercial buses and trucks.

It’s all part of the federal government overseeing trucks and buses on the American roads and highways to try and keep crashes between semis, big rigs, tractor trailer trucks, delivery vans, commercial buses, and other commercial vehicles and those who are walking, driving smaller vehicles (sedans, motorcycles,etc.) at a minimum.

Through the Safety Measurement  System, the FMCSA monitors commercial trucking companies and bus lines and decides who may be operating at a risk or danger of serious accidents.  Safety issues are found and then the companies are expected to fix the problems, with the FMCSA checking back on their performance.

According to the Department of Transportation, these new regulations will allow FMCSA to access much more accurately a company’s on-the-road safety performance and then hopefully find trucking companies and commercial bus lines that are not operating in a safe manner. What has gone into effect this month includes:

• Changing the Cargo-Related BASIC (Behavior Analysis and Safety Improvement Category) to the Hazardous Materials (HM) Compliance BASIC to better identify HM-related safety and compliance problems. Motor carriers and law enforcement can view this new BASIC in December; however FMCSA will conduct further monitoring before the BASIC is made public.
• Strengthening the Vehicle Maintenance BASIC by including cargo and load securement violations that were previously in the Cargo-Related BASIC.
• Counting intermodal equipment violations found during drivers’ pre-trip inspections.
• Aligning speeding violations to be consistent with current speedometer regulations that require speedometers to be accurate within 5 mph. The change applies to the prior 24 months of data used by the SMS and all SMS data moving forward.
• Changing the name of the Fatigued Driving BASIC to the Hours-of-Service (HOS) Compliance BASIC to more accurately reflect violations contained within the BASIC.
• Aligning the severity weight of paper and electronic logbook violations equally on the SMS for consistency purposes.

• Out of 4,114 worker fatalities in private industry in calendar year 2011, 721 or 17.5% were in construction.
• The leading causes of worker deaths on construction sites were falls, followed by electrocution, struck by object, and caught-in/between.
• These “Fatal Four” were responsible for nearly three out of five (57%) construction worker deaths in 2011.

Eliminating the Fatal Four would save 410 workers’ lives in America every year.

• Falls – 251 out of 721 total deaths in construction in CY 2011 (35%)
• Electrocutions – 67 (9%)
• Struck by Object – 73 (10%)
• Caught-in/between – 19 (3%)

1. Scaffolding, general requirements, construction (29 CFR 1926.451)
2. Fall protection, construction (29 CFR 1926.501)
3. Hazard communication standard, general industry (29 CFR 1910.1200)
4. Respiratory protection, general industry (29 CFR 1910.134)
5. Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147)
6. Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305)
7. Powered industrial trucks, general industry (29 CFR 1910.178)
8. Ladders, construction (29 CFR 1926.1053)
9. Electrical systems design, general requirements, general industry (29 CFR 1910.303)
10. Machine guarding (machines, general requirements, general industry) (29 CFR 1910.212)

“Every day in America, 13 people go to work and never come home.”
– Secretary of Labor Hilda Solis, April 26, 2012

A few months ago, the New York Times revealed that the Food and Drug Administration (FDA) was investigating Fresenius Medical Care, which bills itself online as “the world’s leading company devoted to patient-oriented renal therapy,” and the “ largest provider of dialysis products and services” in the United States.

Fresenius is a big deal in the kidney dialysis and kidney failure arenas.  It’s the self-proclaimed market leader in its industry, after all.

So, it’s a very big deal when Fresenius Medical Care goes under an investigation by the federal government.  Today, the story hints of becoming a true national scandal as  the FDA is investigating whether or not Fresenius Medical Care intentionally ignored federal law when it failed to inform its customers that there was a real, known risk of fatality (death) connected to its kidney products.

FDA Issues Warning and Then a Class 1 Recall to Fresenius Medical Care of Naturalyte and Granuflo Products

There was a warning letter from the FDA to Fresenius back in September 2010 (read it here).  That letter included a concern over the company’s Naturalyte Acid Concentrate products and its failure to respond appropriately to complaints regarding the dialysis product – one of which involved the death of a patient after using Naturalyte.

Then there was the big recall. In March 2012, the FDA issued its biggest and baddest recall — a Class I Recall — to Fresenius for its products Naturalyte and Granuflo Acid Concentrate. (You can read the FDA Class 1 Recall here.)

According to the FDA Recall:

Reason for Recall:

The manufacturer is cautioning clinicians to be aware of the concentration of acetate or sodium diacetate (acetic acid plus acetate) contained in Fresenius’ Naturalyte Liquid and Granuflo Dry Acid Concentrate. Inappropriate prescription of these products can lead to a high serum bicarbonate level in patients undergoing hemodialysis. This may contribute to metabolic alkalosis, which is a significant risk factor associated with low blood pressure, hypokalemia, hypoxemia, hypercapnia and cardiac arrhythmia, which, if not appropriately treated, may culminate in cardiopulmonary arrest. This product may cause serious adverse health consequences, including death.

FDA has issued a general safety communication related to inappropriate prescription and resultant alkali dosing errors in the dialysate concentrates used in hemodialysis.

Fresenius Internal Memo Reveals Company Knew of Dangers: Whistleblower Sends Memo to FDA

According to the New York Times expose, it was Fresenius’s own internal memo, addressed to its staff physicians working in Fresenius’ own dialysis centers, that set the ball rolling.  The company memo told the company doctors that it looked like failure to use one of the company products just right (GranuFlo) might end up with the patients having a fatal cardiac arrest. (You can read that memo online here.)

So, when did Fresenius decide to warn the doctors that were using its products but weren’t connect with Fresenius centers about this real danger?  After someone anonymously sent a copy of the internal memo to the FDA and the FDA called up Fresenius and started asking questions about things.

Today, we don’t know the extent of the harm that has been done to people suffering from kidney disease by Fresenius’ products.  Lawsuits are popping up all over the country; injured victims are filing products liability lawsuits against Fresenius.  Some may filemedical malpractice suits too: if doctors knew or should have known about the dangers of these products and still used them, then they may face claims of medical negligence.  Sadly, families of those who died after using GranuFlo or Naturalyte will also file suits — as Wrongful Death lawsuits under state law.

Because these products are known to kill people, and it’s clear that the manufacturerknew that its product could result in a fatal heart attack and decided to keep the product on the market anyway, the company may face significant punitive or exemplary (punishment, example) damages.  Remember: it was only when the FDA issued a Class 1 Recall that these kidney dialysis products were targeted for removal from the marketplace.

This is just one more tragic example of how we cannot trust a product to be safe for use just because it’s been sold in the United States.  If you or a loved one has been injured by GranuFlo or Naturalyte, then you may have a claim for damages against the company under your state’s products liability laws or wrongful death statutes.

Those little red bottles seem to be everywhere: watch TV and you’ll see commercials for5-Hour Energy drinks; shop for groceries or stop for gas and there they are: 5-Hour Energy bottles that claim to be safe and help you get through the day with all natural ingredients.

Lots of people need help getting some pep back in their step these days, and it’s no surprise that 5-Hour Energy drinks are very, very popular.  Maybe you’ve tried 5-Hour Energy yourself.

Thing is: the Food and Drug Administration (FDA) is now reportedly investigating 90+ reports that something bad happened to someone after they drank down a 5-Hour Energy drink — and out of these “adverse events,” 33 people were so ill they need to go to the hospital for treatment and 13 of these people died.

What happened?  After drinking 5-Hour Energy, reports of adverse effects include heart attacks, convulsions – one sadly was a spontaneous abortion.  So the FDA is investigating this product.

Once again, this is a products liability situation.  Right now, 5-Hour Energy Drinks may be worrisome and 5-Hour Energy Drinks may be subject to an investigation by the federal government, but no one has recalled a single bottle and right now, you can go down the street and buy as many of the little red bottles (extra caffeine versions come in black bottles) as you’d like.  Listen carefully and you’ll hear those profits cha-chinging in the coffers of the companies that make and sell 5-Hour Energy Drinks.

5-Hour Energy insists its product is safe: its CEO says that he and his son drink it every day and that the product has been thoroughly tested.  Admirably, he tells the media thathe would not sell a product that his family would not drink.

The FDA is considering 5-Hour Energy to be in the same pot of products as RedBull and Monster - energy drinks filled with caffeine that are marketing to teens and young adults.  (We are monitoring them, as well, read our earlier post.)  In a letter released last week, the FDA reported that it will probably ask outside experts to help analyze these products — something that the FDA has not seen the need to do before (get outside experts to test things).

Meanwhile, this product is being sold in local stores and lots of people are buying and using it.  If you or a loved one becomes sick or has problems after drinking an energy drink, then it is important not to delay but to get medical treatment as soon as possible.  That’s always the first priority — figuring out what legal claims may exist should wait until a medical crisis has passed with skilled medical care.

December is National Safe Toy and Gift Awareness Month, and every year Prevent Blindness America works hard to let people know that kids – from teenagers to infants – can be hurt by toys which are sold for profit regardless of how dangerous they may be.  In 2010, for example, the Consumer Product Safety Commission tallied 251,000+ injuries from toys that were severe enough that children were brought into emergency rooms across the country.

All because the child was playing with a toy that the parent relied upon to be safe.  Products are sold for profit and as products liability lawyers, our law firm knows all sorts of examples where people are injured or killed by dangerous products but few things make us more upset that to learn about a TOY that has been sold for profit which ends up hurting a child.

Which brings us to the WATCH List.

Watchdog group World Against Toys Causing Harm (WATCH) publishes an annual list in December that identifies what is believed to be the Top 10 Most Dangerous Toys being sold this holiday season.   A non-profit organization founded by a fellow champion for injury victims, this organization surveys and identifies toys that are being sold in popular places which are worrisome in their potential for harm.  Here are the toys that have made the WATCH list this year (for more details, including photos of these toys, go here):

TOP 10 WORST TOYS IN 2012

BONGO BALL
Price: $49.99
Manufacturer or Distributor: Toys R Us, Inc.

Retailer(s): Toys R Us

DART ZONE QUICK FIRE 12 DART GUN
Price: $19.32
Manufacturer or Distributor: Prime Time Toys Ltd.
Retailer(s): Amazon.com; Sears.com

SPINNER SHARK 4-WHEEL KNEEBOARD
Price: $59.97
Manufacturer or Distributor: FuzionNextsport
Retailer(s): Walmart; Amazon.com

EXPLORE and LEARN HELICOPTER
Price: $15.99
Manufacturer or Distributor: V Tech
Retailer(s): Target; Walmart.com; ToysRUs.com; Kohls.com; Sears.com; Kmart.com; Amazon.com

N-FORCE VENDETTA DOUBLE SWORD
Price: $19.99
Manufacturer or Distributor: Hasbro
Retailer(s): Target; ToysRUs.com; Walmart.com

WATER BALLOON LAUNCHER
Price: $21.99
Manufacturer or Distributor: Water Sports, LLC
Retailer(s): Amazon.com

POWER RANGERS SUPER SAMURAI SHOGUN HELMET
Price: $29.99
Manufacturer or Distributor: Bandai
Retailer(s): Target; Kmart.com; Amazon.com

PLAYFUL XYLOPHONE
Price: $29.99
Manufacturer or Distributor: P’Kolino
Retailer(s): Magic Beans

THE AVENGERS GAMMA GREEN SMASH FISTS
Price: $16.99
Manufacturer or Distributor: Hasbro
Retailer(s): Target; Kohls.com; Amazon.com

This week, Illinois Attorney General Lisa Madigan announced that the lawsuit that she was spearheading along with the Oregon Attorney General to find justice for those who had been injured by the drug Avandia had been settled. Illinois AG Madigan’s press release appears below with all the details.

This settlement is a settlement of potential claims by the various states involved in the negotiations and the manufacturer of this drug, GlaxoSmithKline.  Notice that the State of Indiana is not involved here.  Also, notice that these are claims that the states would make against the drug maker; this settlement does not involve private causes of action based upon personal injury or product liability laws as they stand on the books of the State of Illinois or the State of Indiana or any other state.

The Attorneys General here are settling the state allegations of deceptive and unfair trade — this is not a settlement of any personal injury negligence claims by an individual who has been hurt or killed after taking Avandia.  In particular, the State of Illinois sued GlaxoSmithKline for violating the Illinois Consumer Fraud and Deceptive Business Practices Act and the Uniform Deceptive Trade Practices Act in a Cook County court.  You can read the complaint online here.

What is Avandia? It’s a Drug Used for Type 2 Diabetes Sufferers

According to the U.S. National Library of Medicine, Avandia is the brand name for rosiglitazone, a drug that was been given to treat Type 2 Diabetes.  However, it’s dangerous and the following warning as been issued by the federal government:

Rosiglitazone may cause fluid retention (a condition where the body keeps excess fluid) that may lead to or worsen congestive heart failure (condition in which the heart is unable to pump enough blood to the other parts of the body). Before you start to take rosiglitazone, tell your doctor if you have or have ever had congestive heart failure, especially if your heart failure is so severe that you must limit your activity and are only comfortable when you are at rest or you must remain in a chair or bed. Also tell your doctor if you were born with a heart defect, and if you have or have ever had swelling of the arms, hands, feet, ankles, or lower legs; heart disease, high blood pressure; coronary artery disease (narrowing of the blood vessels that lead to the heart); a heart attack; an irregular heartbeat; or high cholesterol or fats in the blood. Your doctor may tell you not to take rosiglitazone or may monitor you carefully during your treatment.

If you develop congestive heart failure or other heart problems, you may experience certain symptoms. Tell your doctor immediately if you have any of the following symptoms, especially when you first start taking rosiglitazone or after your dose is increased: large weight gain in a short period of time; shortness of breath; swelling of the arms, hands, feet, ankles, or lower legs; swelling or pain in the stomach; waking up short of breath during the night; the need to sleep with extra pillows in order to breathe while lying down; frequent dry cough; or increased tiredness.

Taking rosiglitazone may increase the risk that you will experience a heart attack. This risk may be higher if you take insulin along with rosiglitazone. Your doctor may tell you not to take rosiglitazone if you are taking insulin. Tell your doctor or get emergency medical care immediately if you experience any of the following symptoms: shortness of breath; pain in the jaw, arm, back, neck, or stomach; pain in the center of the chest that lasts for a more than a few minutes or that goes away and comes back; uncomfortable pressure, fullness, or squeezing in the chest; breaking out in a cold sweat; nausea or vomiting; or lightheadedness.

A program has been set up to limit the use of rosiglitazone and to inform people about the increased the risk of heart attack while taking this medication. Only people are already taking rosiglitazone and people whose blood sugar cannot be controlled by other medications should consider taking rosiglitazone. The program also makes sure that everyone who takes rosiglitazone understands the risks and benefits of taking the medication and has talked to his or her doctor about these risks.

You will be able to take rosiglitazone only if you and the doctor who prescribes your medication have enrolled in the program. You will receive your medication by mail from a participating pharmacy; you will not be able to get your medication from a local retail pharmacy. Ask your doctor if you have any questions about participating in the program or receiving your medication.

Your doctor or pharmacist will give you the manufacturer’s patient information sheet (Medication Guide) when you begin treatment with rosiglitazone and each time you refill your prescription. Read the information carefully and ask your doctor or pharmacist if you have any questions. You can also visit the Food and Drug Administration (FDA) website (http://www.fda.gov/Drugs) or the manufacturer’s website to obtain the Medication Guide.

Talk to your doctor about the risks of taking rosiglitazone.

Avandia Linked to Over 100,000 Heart Attacks by Food and Drug Administration

This once-popular diabetes drug has been linked to over 100,000 heart attacks here in the United States according to the FDA. Studies show that Avandia can up the chances of having a heart attack by 43% and it can DOUBLE the risk of heart failure if you take it consistently over a one year time period.

Still, Avandia has not been recalled from the market.  You can buy it today.

If you or a loved one has been hurt by taking the diabetes drug Avandia, then you may have a legal claim under your state’s personal injury laws for damages.  The Attorney General settlement does not block that avenue for justice.

___________________________

Avandia Settlement Press Release by Lisa Madigan, Illinois Attorney General, on November 15, 2012:

Chicago — Attorney General Lisa Madigan today announced a $90 million settlement with pharmaceutical company GlaxoSmithKline reached with 37 of her counterparts over allegations that the company unlawfully promoted its diabetes drug, Avandia. Illinois will receive more than $5 million under the settlement.

In filing a joint complaint and settlement today, Madigan and the other attorneys general allege that GlaxoSmithKline engaged in unfair and deceptive marketing practices when it misrepresented the safety of Avandia and the effects it would have on a patient’s cholesterol levels and cardiovascular health.

Madigan and the other attorneys general alleged the company promoted Avandia using false and misleading representations on the safety of the drug for diabetic patients. The attorneys general also alleged GlaxoSmithKline lacked scientific evidence to back up its claim that Avandia would lower a patient’s cholesterol and falsely promoted the drug’s cardiovascular benefits when Avandia may instead increase a patient’s cardiovascular risks.

“Our investigation demonstrated that GlaxoSmithKline had little regard for the facts or for the health and safety of the patients it targeted with its misleading marketing,” Madigan said.

As part of the settlement, GlaxoSmithKline will reform how it markets and promotes diabetes drugs. The company is prohibited from:

Making false, misleading or deceptive claims about diabetes drugs;
Making safety claims not supported by substantial evidence or substantial clinical experience;
Presenting favorable information of drugs that have been proven invalid;
Promoting drugs before they have received approval from the U.S. Food and Drug Administration; or
Misusing statistics or otherwise misrepresenting the nature, applicability or significance of clinical trials.
Under the settlement, for a period of at least eight years, GlaxoSmithKline must post summaries of all company-sponsored observational studies and company-sponsored clinical trials of diabetes products. GlaxoSmithKline must also follow requirements under federal law on registering and posting such clinical trials and comply with International Committee of Medical Journal Editors Uniform Requirements for Manuscripts submitted to biomedical journals.

The investigation was led by Madigan and the Oregon Attorney General’s office. Also participating in the settlement are attorneys general in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Hawaii, Idaho, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Washington, and Wisconsin.

First of all, thanks to Matthew Pelletier of  Compliance and Safety LLC for writing to remind us that it’s time once again to consider safety issues that families face during the holiday season, particularly on Thanksgiving.   After all, lots of people here in Indiana and Illinois will begin their holidays tonight or tomorrow, as they travel to visit with family and friends and enjoy the Thanksgiving holiday with the traditional holiday feast scheduled this year for next Thursday, November 22, 2012.

From a personal injury lawyer perspective, we know all too well how even the most prudent and cautious person can still be seriously hurt or even killed by things beyond his or her control.  Accidents and injuries resulting from the negligence of other people or companies happen every day, and innocents do perish from the intentional or grossly negligent actions of others.

It’s sad but true and still, we must do all we can as individuals to make sure that we are as safe and our loved ones are as secure as we can make them.  Then, should that accident or injury occur, we will then take the steps necessary to insure justice is done.  That’s the best anyone can ask of themselves given the state of things today with rising car accident death rates, product recalls, tainted and toxic food, distracted driving, and other dangers that we know exist – like driving along Indiana Highway 60, for example.

Thanksgiving Safety Tips

First, from Compliance and Safety,  these safety tips regarding holiday food preparation:

• Wash your hands often. You come into contact with plenty of people, and you’re handling unusual things (it’s not every day you’re setting up the Christmas tree).
• Avoid cross-contamination; separate raw food from cooked food.
• Cook at the proper temperature.
• Thoroughly wash raw food (fruits and vegetables).
• Refrigerate leftovers promptly. Don’t leave perishable food out for more than a couple of hours.
• Thaw meat in the fridge, not the counter.
• Eat plenty of fruits and vegetables, and limit sugary and alcoholic and fatty food intake.
• Stuff with care. If you’re stuffing a turkey or any other meat, prepare the stuffing and then insert it immediately and loosely. Whether it’s cooked inside or outside the main meat, be sure to cook it to at least 165 degrees F.

From the National Fire Prevention Association, tips regarding fire safety during Thanksgiving:

• Stay in the kitchen when you are cooking on the stovetop so you can keep an eye on the food.
• Stay in the home when cooking your turkey and check on it frequently.
• Keep children away from the stove. The stove will be hot and kids should stay 3 feet away.
• Make sure kids stay away from hot food and liquids. The steam or splash from vegetables, gravy or coffee could cause serious burns.
• Keep the floor clear so you don’t trip over kids, toys, pocketbooks or bags.
• Keep knives out of the reach of children.
• Be sure electric cords from an electric knife, coffee maker, plate warmer or mixer are not dangling off the counter within easy reach of a child.
• Keep matches and utility lighters out of the reach of children — up high in a locked cabinet.
• Never leave children alone in room with a lit a candle.
• Make sure your smoke alarms are working. Test them by pushing the test button.

From the American Society for the Prevention of Cruelty to Animals (ASPCA), tips on keeping pets safe over Thanksgiving:

• If you decide to feed your pet a little nibble of turkey, make sure it’s boneless and well-cooked. Don’t offer her raw or undercooked turkey, which may contain salmonella bacteria.
• Sage can make your Thanksgiving stuffing taste delish, but it and many other herbs contain essential oils and resins that can cause gastrointestinal upset and central nervous system depression to pets if eaten in large quantities. Cats are especially sensitive to the effects of certain essential oils.
• Don’t spoil your pet’s holiday by giving him raw bread dough. According to ASPCA experts, when raw bread dough is ingested, an animal’s body heat causes the dough to rise in his stomach. As it expands, the pet may experience vomiting, severe abdominal pain and bloating, which could become a life-threatening emergency, requiring surgery.
• If you’re baking up Thanksgiving cakes, be sure your pets keep their noses out of the batter, especially if it includes raw eggs—they could contain salmonella bacteria that may lead to food poisoning.
• A few small boneless pieces of cooked turkey, a taste of mashed potato or even a lick of pumpkin pie shouldn’t pose a problem. However, don’t allow your pets to overindulge, as they could wind up with a case of stomach upset, diarrhea or even worse—an inflammatory condition of the pancreas known as pancreatitis. In fact, it’s best keep pets on their regular diets during the holidays.
• While the humans are chowing down, give your cat and dog their own little feast. Offer them Nylabones or made-for-pet chew bones. Or stuff their usual dinner—perhaps with a few added tidbits of turkey, vegetables (try sweet potato or green beans) and dribbles of gravy—inside a Kong toy. They’ll be happily occupied for awhile, working hard to extract their dinner from the toy.

And finally, remember this:  in Indiana, Operation Safe Family Travel begins tomorrow, November 16, 2012 and continues through December 2, 2012. From the Indiana State Police, these traveling safety tips:

• If you are planning to travel make sure you are well rested, a fatigued driver is a dangerous driver. Avoid tailgating; remember the two-second rule.
• Make sure everyone is buckled up.
• Put down the electronic devices and drive.
• DON’T DRINK AND DRIVE
• MOVE OVER, SLOW DOWN for emergency and highway service vehicles.

Today, the investigation continues into what caused a massive explosion in a quiet Indianapolis community, resulting in two people dying and seven others injured as well as two homes being blown to bits and dozens of surrounding homes being seriously damaged. The latest reports are that natural gas lines and the home’s gas furnace are being targeted as the possible source of the tragedy.

Was there a gas leak? No one knows.  However, one of the homes that was demolished in the blast did have furnace problems shortly before the event.  The Shirley’s family home had their furnace break down and the weather forced them to a local hotel for the night; the furnace was repaired and the next thing that the Shirleys knew, their house was gone.

This was a severe explosion.  Reports are that people felt ripples from the blast as far as three miles away.  That’s a lot of natural gas to cause that big of a blast.  Experts are on the scene, still trying to figure out exactly what happened.

However, knowing that there was a recent furnace problem and repair should give a warning to anyone with a gas furnace in their home.

While many may consider the biggest threat of a natural gas furnace to be carbon monoxide poisoning, it is true that gas leaks from the furnace itself as well as from gas lines leading from the municipal source to the house can be very dangerous because they can leak gas without anyone being aware of the gas leak.

Natural Gas Smells Bad: What To Do If You Smell Rotten Eggs in Your Home

If you smell gas in your home, do not light a flame.  Do not operate any sort of electrical gadget – even your laptop or cell phone. Just leave.  Go outside immediately and call the gas company or the fire department.  If you can, turn off the gas at the meter.

Gas lines need to be inspected regularly by professionals. The Citizens Energy Group recommends the furnace be checked once a year. Gas lines in homes should be flexible.  Gas lines need to be properly installed.  Connectors are the metal hoses that connect the gas pipes to the gas appliances: these can be damaged in moving or bending and need to be carefully checked for leaking.  Gas lines that come into homes are usually underground; it is possible for leaks to begin under the earth and build there.

We don’t know what caused that horrific explosion in Indianapolis yet; however, we do know that gas furnaces are necessary dangers in our homes.  Make sure your furnace is checked, and make sure that the professional who is checking your gas appliance is qualified to do the work.  Only qualified plumbers, HVAC, or appliance repair companies should be working on gas furnaces.

Check their credentials.  Check how they warrant their work.  Check reviews from past customers.  And get your furnace checked in you haven’t had it inspected within the past 12 months.

The National Highway Traffic Safety Administration has discovered that some evildoers are out there in the American marketplace, selling phony air bags as car parts – and that these fake air bags are very dangerous defective products because in a crash, they will not deploy properly – if they even inflate at all.

NHTSA reports that the fake air bags are cleverly packaged: it’s hard to tell the real from the counterfeit product. The phony air bags have the same insignias as the real thing, for example. Sneaky stuff.

It’s still being investigated by the federal agency, and right now no one knows how many of these fake air bags are out there in cars or trucks or SUVs driven by unsuspecting people, people thinking that if they were to be in an accident, they and their passengers would be protected by the vehicle’s safety devices. No numbers yet on whether anyone has been killed by these fake air bags not doing their job, either.

It’s only cars that have had an air bag replaced within the last THREE YEARS that are at risk of having a fake air bag installed in them. If you or a loved one has had a vehicle repaired anywhere other than a dealership (where they use parts straight from the manufacturer), then you may be at risk. According to NHTSA, you should probably check your air bags if:

• have had air bags replaced within the past three years at a repair shop that is not part of a new car dealership
• have purchased a used car that may have sustained an air bag deployment before their purchase
• own a car with a title branded salvage, rebuilt, or reconstructed
• have purchased replacement air bags from eBay or other non-certified sources—especially if they were purchased at unusually low prices (i.e. less than $400)

Vehicle makes that may be at risk here include:  Acura, Audi, BMW, Buick, Chevrolet, Ford, Honda, Hyandai, Infiniti, Kia, Land Rover, Lexus, Mazda, Mercedes, Mitsubishi, Nissan, Subaru, Suzuki, Toyota, Volkswagen, and Volvo.

The Indiana Department of Labor has found that more people in the State of Indiana are dying while working on the job – and that most of these deaths are related in some way to driving a vehicle on the job, where driving is part of the work. Whether driving a commercial vehicle (like a big rig, semi, tractor trailer, or delivery truck) or another type of vehicle, from cars and pickups to forklifts on construction sites, anyone driving as part of their job has an increased risk of being killed while working.

Especially if they are driving as part of their job on the highway.

According to the Indiana Department of Labor report, around a third of these worker fatalities happened as highway crashes. Similar findings exist at the Bureau of Labor Statistics’ federal reporting site.

Department of Labor Commissioner Lori Torres has stated that the increase in workplace fatalities “strongly suggests” that Indiana needs to do more to boost safety in the Indiana workplace.

Claims Under Indiana Law for Workplace Fatalities

For those employees who lose their lives while working on the job, Indiana law provides workers compensation as well as wrongful death laws for victims and their families of a fatal on the job work accident.  The Indiana legislature has defined in the statutes not only the kind of monetary damages that are legally available in cases of wrongful death but also who can file a lawsuit against those responsible for this tragic loss of life.  Widows, for example, can sue under the statute.  Cousins? Maybe not.

When the death is on the job, there may be a legal overlap between the workers compensation statutes and the wrongful death laws.  Indiana claims must be considered in view of both these sets of statutes as well as the past court opinions that have ruled on situations where someone in Indiana has died while doing their job at work.   Legally, medical expenses, funeral costs, lost future earning capacity, and more should all be compensable damages to those who have lost their loved one in an Indiana workplace accident.

Another national supplier of drugs and pharmaceuticals to hospitals, clinics, and doctors’ offices around the country is recalling ALL of its products. Ameridose LLC has issued a news release announcing its voluntary recall of everything it’s sold (all Ameridose products are involved, not just one or two).

Ameridose is doing this because its testing procedures were found to be unacceptable by the federal government. Why was the federal government looking at Ameridose? Well, the Food and Drug Administration (FDA) checked into Ameridose because it is this company’s sister company, which is the drug pharmacy responsible for all these meningitis cases resulting from steroid injections for back pain.

• You can read the October 31, 2012, News Release by Ameridose online, where it announces its voluntary recall of all unexpired Ameridose products that are out there in the marketplace and gives some details on the situation.
• A complete list of all the products recalled by Ameridose is also available online here, where it can be printed or downloaded. It is a long, long document.

According to the FDA, this recall was needed because Ameridose “…cannot assure sterility” in its operations, which means that the company can’t guarantee that things are sterile when the drug products are being made and packaged in its facilities.  Ameridose sells lots of pre-filled syringes, among other things: products where sterile conditions are vital.

No known Ameridose injuries have been reported as of today by the FDA or by Ameridose.

How do you know if you have or have used an Ameridose product?

1.  check the above link for product list identification of drugs you are using, or have taken in the past few months.

2.  the Ameridose product line is huge.  Not only does Ameridose sell sterile mixed IV solutions and pre-filled oral syringes; pain drugs that are given to those who are having babies in hospital delivery rooms to pain pumps for people suffering from various forms of cancer; as well as antibiotics and tranquilizers.

3.  Do not rely on someone letting you know.  The FDA is not requiring any health care providers to notify anyone who may have been given an Ameridose product.

If you or a loved one have a concern that you may have suffered an injury from an Ameridose drug, then save any documentation and packaging, etc. that you may have, contact the federal authorities, get medical care as needed, and investigate your claims under state law for product liability and defective product damages.

Indiana State Road 60 is around 60 miles long, a two lane stretch of road winding through the southeast part of Indiana; Highway 60 starts in Lawrence County and ends in Sellersburg, passing through four Indiana counties along the way: Clark, Lawrence, Orange, and Washington. Perhaps you know Hwy 60 from driving on it; maybe you remember it from a couple of months back when a single-engine plane was forced to land on State Road 60 near Sellersburg early on a Saturday morning in August.

Back on August 18, 2012, that plane did cause a small wreck: as it landed, it clipped a pickup truck as the truck was manuevering out of the plane’s way, onto the shoulder of Hwy 60.

However, that small wreck was nothing compared to what Indiana’s Highway 60 can do.

Recently, a television crew from Louisville’s WDRB accompanied police along Highway 60 in their investigation into how dangerous it is to drive that piece of roadway, particularly the section between Sellersburg and Borden.   In interviews with those who live along the roadway, they reported that it’s understood that not only will there almost always be a lot of traffic along Highway 60, but that they will be speeding.   Theseresidents have seen lots of fatal crashes on Highway 60 over the years.

Indiana State Police report that they are aware of the problem of heavy traffic and speeding traffic on this piece of two-lane highway and they are also aware of the high number of deaths in car crashes on Highway 60.  Police are planning to be out and about during the holiday season to try and prevent more deaths in traffic accidents on State Road 60 as the traffic increases even more over the holiday season.

Locals have nicknamed Hwy 60 “Death Row,” and it’s a reputation that isn’t dismissed by Indiana law enforcement that have to deal with the traffic issues of the two-lane highway.  However, right now the only things that seem to be happening are that Indiana State Police are beefing up patrols and urging people to obey the safety and traffic laws.

Which means: be careful if you have to drive on Highway 60 in Indiana, and if you can find another way to get to where you need to be, take it.

The Food and Drug Administration (FDA) is investigating Monster Energy Drink after it’s alleged to have been involved in one non-fatal heart attack and over  five (5) deaths of people drinking the Monster beverage. Several more people are known to have become so sick after drinking Monster that they’ve had to be hospitalized.

This federal investigation comes right after the California wrongful death case was filed last Friday by the parents of a fourteen year old teenager who died after drinking two (just 2) of the 24 ounce Monster Energy Drinks over a 24 hour time period.  One on one day, one the next, and she died on December 23, 2011.

That girl, their 14-year-old daughter, Anais Fournier, is alleged to have died from “cardiac arrhythmia due to caffeine toxicity” and her parents have just filed a wrongful death lawsuit against Monster Beverage Corp. arguing that Monster failed to warn about the dangers of drinking Monster Energy Drink and are therefore legally responsible for the wrongful death of the pretty fourteen year old girl.

What happened to Anais Fournier?

Monster Energy Drink has 240 milligrams of caffeine in each 24-ounce can: that is 7 times the amount of caffeine in a 12 ounce can of cola.  Anais Fournier did not guzzle one Monster right after the other.  No.

According to the pleadings of her wrongful death lawsuit, Anais drank one can of Monster on one day and then on the next day but within a 24 hour time span, she drank another.  If this was a pattern for two glasses of milk or two cans of cola, then this wouldn’t be a big deal, right?  But what is known is that Anais took in 480 milligrams of caffeine into her body within a short time span and this is alleged to have caused cardiac toxicity resulting in cardiac arrhythmia which caused her death according to theMaryland medical examiner’s autopsy report.

Cardiac arrhythmias involve the electricity that causes your heart to beat: there are electrical impulses that pattern heartbeats and in cardiac arrhythmia, that electrical impulse pattern gets screwy.  Sometimes, things get so skewed that it can be life-threatening.

Symptoms of a caffeine overdose include:

• Breathing trouble
• Changes in alertness
• Confusion
• Convulsions
• Diarrhea
• Dizziness
• Fever
• Hallucinations
• Increased thirst
• Irregular heartbeat
• Muscle twitching
• Rapid heartbeat
• Sleeping trouble
• Urination – increased
• Vomiting

Extent of the Problem of Monster Energy Drinks Still Being Revealed

In one more demonstration of the power of a personal injury lawsuit, the investigation of the California wrongful death case has revealed from its public records request that there have been 6 (six) deaths and 15 (fifteen) hospitalizations between 2009 and 2011 allegedly resulting from the drinking of Monster Energy Drinks as reported to the FDA’s Center for Food Safety Adverse Event Reporting System.

Monster, of course, is denying that its product is the cause of Anais Fournier’s death or the cause of any harm to anyone that has resulted in death or hospitalization.

Apparently, everyone agrees that there are more people dying on the American roadway this year than in the past, but how much of an increase we’re experiencing is up for debate.  This month, the National Safety Council and the National Highway Traffic Safety Administration both release their research studies on car crashes / motor vehicle accident deaths so far this year.  They don’t jive in number, but they do jive in the bottom line:  it’s getting more dangerous to drive in America today.

From the NSC:  National Safety Council has released a new fatality accident report (you can read it online here):

1.  In the United States, motor-vehicle accident deaths were up 7% in first eight months of 2012.

2.  From January to August of this year, 21,560 people died in car crashes.  That’s up 7% from the same time period in 2011; and it’s up 5% from that same time period in 2010.

3.  Medically consulted motor-vehicle injuries for the first eight months of 2012 are estimated to be about 2.2 million.  That’s about the same as it was last year.

4.  In terms of money, the NSC estimates that the economic impact of these motor vehicle accidents in terms of lives losts, serious injuries, and property damage is around $157 billion during this eight month time period.

From the NHTSA: Meanwhile, the National Highway Traffic Safety Administration has also released its own research study regarding motor vehicle accidents, and its research finds that from January to June 2012, motor vehicle accident traffic deaths had increased almost 10 percent (10%). According to the NHTSA, that is the biggest jump since they started doing this research back in 1975.

You can read the NHTSA’s “Crash Stats” report online here.

It’s far from over; it may just be beginning, experts are warning. The scary meningitis outbreak that has already sickened 28 people in Indiana, killing 2 Indianians, as well as 13 other people across the country with over 200 other victims becoming ill, not only seems to be growing, but now the federal government has announced that two more drugs from this same compounding pharmacy may be hurting people, too.

Vanderbilt Medical Center professor, Dr. William Schaffner, expects this outbreak of fungal meningitis to get bigger, it’s not under control, and we will see weeks of more reports of innocent victims getting sick and even passing away from drugs that they thought would help them and which they assumed were safe to use.

The fact that this week, the Food and Drug Administration (FDA) announced that it is investigating two more drug products made and sold by the New England Compounding Center (NECC) does not help things. It suggests that there are lots more drugs out there, in the marketplace and in use, that can hurt and kill people.

The FDA has expanded its investigation into these additional medications:

• The cardioplegic solution sold by the New England Compounding Center (2 heart transplant patients came down with fungal infections after taking this NECC drug); and
• The ophthalmic drugs sold by the New England Compounding Center (no infections have been reported as of this posting, but the FDA reports it is checking these eye surgery drugs because they are made in a similar manner as the other two drugs under investigation produced and sold by the NECC).

As of October 15, 2012, here is the Centers for Disease Control mapping of the meningitis outbreak, and it’s important to note that the CDC updates its case statistics (ill, fatal) every single day beginning with October 6, 2012:

If you or a loved one have any concern that you are a victim of this compounding pharmacy’s contaminated drugs, then please don’t procrastinate.  Get medical attention immediately and remember to keep the documentation related to the drug which you may have (including any personal notes on symptoms, concerns, etc. with their time and date) for possible use in any claims that you may need to make in the future against this drug maker / compounding pharmacy.

A new research study published in the American Journal of Health finds that more people are dying by their own hand than people are dying in car crashes.  You can read the report here.

That’s a scary and serious statistic.  So many people are asking what is going on — and here’s the thing:  a lot of it is due to prescription drugs.

That’s right: drugs that only get into the hands of the public via a prescription signed by a doctor or someone else legally authorized to do so under state law.  The very purpose of a prescription is to protect people against these powerful drugs.  Prescriptions by definition limit dosage and amount available — and presumably include the health care professional’s monitoring of the drug’s impact and success.  Right?  Well, maybe not.

Consider this: it’s understood that prescription drugs are playing a big part in these suicides (it’s called “intentional poisoning”) and there are national seminars being held to study the situation – like a recent one in New England where doctors and others gathered together to discuss this growing national crisis.   Which is good.

However, what we know is that people are killing themselves by taking overdoses of drugs that are only available because a doctor signed a prescription pad to allow the drug to be purchased at a pharmacy or drug store.  Not that much discussion is being had right now on the doctor’s duty here.

We do have studies on correlations between particular drugs and suicide.  That’s right: some drugs have suicide as a side effect, or what they term “suicidal ideations” or “suicidal thoughts” or “suicidal tendencies.”

Chantix, for example, has been known to have suicidal ideations as a side effect for years. It’s still on the market.

The FDA warned doctors in 2008 that the following anti-epileptic drugs, available through a prescription, had suicidal side effects:

• Carbamazepine (marketed as Carbatrol, Equetro, Tegretol, Tegretol XR)
• Divalproex sodium (marketed as Depakote, Depakote ER)
• Felbamate (marketed as Felbatol)
• Gabapentin (marketed as Neurontin)
• Lamotrigine (marketed as Lamictal)
• Levetiracetam (marketed as Keppra)
• Oxcarbazepine (marketed as Trileptal)
• Pregabalin (marketed as Lyrica)
• Tiagabine (marketed as Gabitril)
• Topiramate (marketed as Topamax)
• Zonisamide (marketed as Zonegran)

The Citizens Commission on Human Rights International has an excellent article with numerous case references where prescription drug usage is connected to suicide.  People taking drugs that the doctor told them decided to kill themselves. People like teenagers and U.S. soldiers and other innocent victims of Big Pharma products.

That’s right.  We’re not talking about addicts grabbing pills in back alleys — we’re talking patients taking pills the doctor prescribed for them.  Shouldn’t those doctors have some responsiblity here?  And what about the pharmacy, do they have a duty to warn you when you buy this stuff?  And what about the drug maker, what is their responsibility here?

If your loved one has committed suicide by intentional poisoning or after taking prescription drugs connected or thought to be connected to suicidal side effects, then you have a right to ask these questions and to have them answered.  This national statistic is shocking and infuriating. According to this article, you will need to ask these questions – maybe in a lawsuit – because the government is not asking them for you.

Hoarding is a symptom of mental illness that involves “compulsive purchasing, acquiring, searching, and saving of items that have little or no value,” as explained by the Anxiety and Depression Association of America.   It’s also the subject of two popular television series, one entitled “Hoarders” on A&E TV and the other, “Hoarding: Buried Alive,” on TLC.

News this week is that several people working in a Houston, Texas, home for a future episode of the TLC series, on the job to help a hoarder clean out their mess became very ill and one was so overcome that she was hospitalized.  That’s right: she got so sick from being inside the hoarder’s home that she had to be admitted to a hospital care facility.  It was also a concern for a period of time that the woman had been exposed to the toxic hantavirus (read our post on how this hantavirus epidemic is spreading from Yellowstone National Park.)

Fortunately, the woman did not test positive for hantavirus, even though she is ill and did have many of the hantavirus symptoms: fever, struggling to breathe, etc. However, this news story does provide lessons to all of us about how any one of us can leave home to go to work and while on the job, become seriously ill or suffer a severe injury or even die a wrongful death all because of something that happened at the job site.

Workers are to be protected from harm on the job and employers are under a legal duty to make sure that working conditions are safe.  Regarding the hoarding television shows, it is unclear who the employers are – is it the cleaning company that is contracted to come inside the hoarding home to clean?  Is it the therapist?  Is it the home owner/hoarder?  Is it the television production company?  Is it all of them?

Workers Compensation and Third Party Claims (and Lawsuits)

State law provides for “workers’ compensation” and there are set procedures under Illinois and Indiana statutes for employees to get coverage from their employer’s workers’ compensation insurance policies for their injuries on the job.  However, when other people or companies may be responsible for the harm that has occurred to the person working on the job, then “third party” claims may be available outside the worker’s compensation statutes.

In third-party claims for injuries that happen while working on the job, lawsuits are filed against those parties who were not the victim’s employer but whose negligence may have caused the event to happen, or whose negligence may have contributed to the injury occurring.  These third party claims can be vital to someone who has been seriously injured, since workers’ compensation programs are notorious for not providing enough money to pay for all the losses — things like future lost income or rehabilitation expenses may not be covered by workers’ compensation but may be covered by third party claims.

It’s not always clear who the employer is in the injury case, nor is it always clear who may share responsibility for the injuries, as the Hoarding TV show injuries news storydemonstrates.  Lots of factors come into play and state law will define things like duty and breach of duty and causation.

At first glance, some work accidents may be so complicated regarding duty and fault and cause that the scenario seems as legally entangled as any hoarder’s house.  These are issues that can be difficult to determine.

It’s something that even experienced personal injury attorneys sometimes have to sort out, and it’s always a good idea to seek legal counsel in any kind of personal injury on the job – even if you’re assured that workers’ compensation has you covered.

Across the country, people suffering back pain for any number of reasons go to their doctor to get relief.  Relief so they can do their jobs.  Raise their kids.  Clean their house.  Drive their car.  Walk their dog.  Ordinary things that most of us take for granted.

Often, what these people get from their health care professional to stop that pain is a shot.  Actually, it’s an injection into the place where the pain is most acute — and it is an injection of a steroid that works to stop the pain messages from getting to the brain. This has been going on for years, despite critics warning that steroid injections for back pain are a sham.

Now, there is a national outbreak of meningitis that covers 5 states already, killed 4 people, and has 26 people sick enough that they are in the hospital.  The U.S. Centers for Disease Control and Prevention are monitoring this situation, and it’s reported that more meningitis cases are expected here.  It’s believed that the meningitis comes from steroid pain injections.

Over in Massachusetts, the source of the steroid that was used in the pain treatments – a circumstance shared by all who have become ill — has been tracked down: it is a “specialty pharmacy”  named New England Compounding Center. The company has issued a recall of its steroid product and all sorts of regulatory investigations have begun into what is going on over there.

Meanwhile, for those who have just gone to their doctor for help, they may now be suffering and may die from their attempt to protect themselves.  And there are more questions being asked about these “compound drugs” or “custom-mixed medicines” - which you or someone you know may have been given without being told howcontroversial some of them are these days.

Custom-mixed drugs are put together in “compounding pharmacies” – they toss together two or more medicines into a single dose, or they break down name-brands into smaller doses.  If they aren’t very careful, they can contaminate things … which is apparently what has happened here in the 2012 meningitis outbreak.

The fight is far from over regarding federal regulation of commercial truck drivers working on the job with things like the new rules on Hours of Service.  Around two weeks ago, on September 13, 2012, various trucking experts appeared before the House Transportation and Infrastructure Subcommittee on Highways and Transit in Washington, D.C. to report to Congressional lawmakers about new studies that have been done on federal regulations on trucking and how some of those regulations actually harm rather than help.

Here’s the briefing memo for the Subcommittee if you’re interested in reading the Congressional Sub-committee’s synopsis of things.  What is being challenged, with research studies to support the position, is that the Compliance, Safety and Accountability (CSA) Program instituted by the federal government is failing to do what it is supposed to do — find the truck drivers on the road who are at the highest risk of crashing their big rigs or semis or 18 wheelers and causing accidents, and wrecks, and serious injuries and deaths.

We’ve monitored the CSA Program for awhile now.  The CSA Program was tested in a handful of states; by this time last year, CSA had been implemented across the country; and for a very, very long time the trucking industry has not been happy with CSA and has challenged it in various ways – including threating lawsuits.

This time, they are arguing to Congress that what the CSA regulations are doing is ignoring fault and looking just at the number of crashes a particular company has experienced.  One example given during Congressional testimony was that rear-end collisions, where a trucker is hit in his Big Rig Semi Truck while setting sit, is counted by the FMCSA exactly the same as if the truck were involved in a highway crash going at high speed.

They argue that the system is flawed and unfair and that small business owners are the ones who are being hurt the most by this — and that while FMCSA has been reporting they are studying the matter, they have been studying things for three going on four years now, and without result.

Appearing before Congress on behalf of the trucking industry was FedEx’s Vice President of Safety and Maintenance, Scott Mugno, as well as representatives from Gentry Trailways, C.H. Robinson, and Colonial Freight Systems, Inc.  Also giving testimony was Anne Ferro, Administrator of the Federal Motor Carrier Safety Association,along with representatives of the Texas Department of Public Safety and RoadSafe America.

Scott Mugno also issued a press release, speaking not only for his company but as representative of the American Trucking Association, which heralds itself as “largest national trade association for the trucking industry.” From that release, Mugno stated that:

“…while ATA has been supportive of the objective of CSA, to reduce commercial motor vehicle crashes, injuries and fatalities, since the program’s inception. However, ATA has significant concerns with the program in its current form….FMCSA must acknowledge that CSA scores are often not a reliable predictor of future crash risk. Second, the agency must confirm that CSA’s highest priority should be to focus on the least safe carriers. And finally…FMCSA must establish a specific plan to develop and implement the changes necessary to ensure that the system functions as intended.”

After the hearing, the Chairman of the Subcommittee, Representative John Duncan, Jr.,  issued his own news release of the hearing:

September 13, 2012 2:35 PM

Washington, DC – A Congressional hearing today focused on the Department of Transportation’s (DOT) truck and bus safety program, and ensuring the program most accurately reflects safety ratings of motor carriers.

The Highways and Transit Subcommittee, chaired by U.S. Rep. John J. Duncan, Jr. (R-TN), received testimony from the Federal Motor Carrier Safety Administration (FMSCA), the trucking and bus industry, law enforcement officials, and safety advocates on FMCSA’s new motor carrier safety enforcement and compliance program – the Compliance, Safety, Accountability program, or CSA – and issues related to its implementation.

The following is Chairman Duncan’s statement from today’s hearing:

“I think everyone will agree that decreasing fatalities and injuries resulting from truck and bus crashes is the most important goal the Federal Motor Carrier Safety Administration is charged with. With this goal in mind, FMCSA implemented CSA in December of 2010.

“CSA was designed to maximize the Agency’s resources by compiling carrier violations from inspections and crash reports in order to determine the future crash risk of a truck or bus company. This data is used to create a type of safety profile for truck and bus companies so consumers can make educated choices when selecting companies.

“However, on July 16th of last year I spoke to a group that is a member of the Alliance for Safe, Efficient, and Competitive Truck Transportation (ASECTT) who raised concerns related to the methodology used in CSA, specifically in the Safety Measurement System or SMS.

“Some of these concerns arise from the fact that 40% of the 500,000 active truck and bus companies generate a score in at least one of the seven SMS categories, also called BASICs. The number of companies that generate a score in all BASICs is unknown. A comprehensive understanding of a carrier’s safety is difficult to achieve with this lack of data.

“In addition, not all states report every violation to FMCSA, so the SMS methodology is only as good as the data flowing into the system.

“These data problems present a significant challenge for small trucking companies which make up the majority of commercial motor vehicles. Since many of these small companies generate little to no data into the SMS, their scores can fluctuate dramatically and the small companies that generate no score are misconceived as unsafe.

“Questions have also been raised over the relationship of some violations and whether they are indicators of future crash risk. Scores generated in certain BASICs may not have a correlation to future crash risk and may inadvertently focus FMCSA’s enforcement measures on the wrong carriers.

“Shippers and brokers are also left wondering how to evaluate the safety fitness of carriers with a score in only one BASIC or no score at all. Recent court rulings have established ‘duty of reasonable care’ requirements that brokers and shippers must meet when hiring a carrier in order to avoid negligent hiring lawsuits. Brokers and shippers are now in the position of determining whether a carrier is sufficiently safe to hire based on incomplete or misleading scores.

“The intentions behind CSA are good, but it is not a perfect system. We are holding this hearing today to identify where we can improve CSA and how we can reduce fatalities and injuries while keeping the engine of our economy moving.

“I hope this hearing will help Members of Congress and interested parties better understand these concerns and generate proposals to make CSA a more effective tool.”

We’ve posted about food dangers before: just because you buy a product in a store doesn’t make it safe. However, when it’s FOOD and someone gets ill from ingesting that product, it’s especially concerning and worrisome. And frustrating for those folk, like personal injury attorneys, who see time and again where companies putting stuff out there for profit sometimes choose money in their own pockets over making sure that consumers are safe. You’d think American groceries could be trustworthy as safe to eat, right? Sometimes, that’s just not true.

Recent Scary Food Recalls Include:

1. Peanut Butter Contaminated with Salmonella

Today, peanut butter has been found to have caused 29 salmonella cases in 18 states.  The number is growing.   Trader Joe’s voluntarily recalled its “Trader Joe’s Creamy Salted Valencia Peanut Butter” after the Food and Drug Administration (FDA) and the Centers for Disease Control (CDC), who were investigating the national outbreak, decided that peanut butter was making people sick across the country.  Later, Sunland, Inc. expanded the recall of its peanut butter along with other products like almond butter, cashew butter, and other stuff made with peanuts or seeds (read the recall information here).

What is salmonella? It’s a bacteria, and it can kill people. According to the CDC:

• symptoms of salmonella poisoning include diarrhea, fever, and abdominal cramps 12 to 72 hours after infection.
• The illness usually lasts 4 to 7 days.
• some persons, diarrhea may be so severe that the patient needs to be hospitalized. In these patients, the Salmonella infection may spread from the intestines to the blood stream, and then to other body sites and can cause death unless the person is treated promptly with antibiotics.
• The elderly, infants, and those with impaired immune systems are more likely to have a severe illness.

2.  Arsenic in Rice

Last week, it was announced that it has been discovered that rice sold for human consumption here in the United States was contaminated with a poison:  arsenic. That’s right, the same poison you remember being used by villians in classic murder mysteries written by Agatha Christie is showing up in the rice being sold in the neighborhood grocery store.  Also in baby food products, and other products made with rice.  Like Rice Krispies.

While the arsenic levels in some kinds of rice are considered “worrisome,” there’s been no official recall of rice.  Yet.  Consumer Reports, who made the discovery, including some very serious things in its report, such as:

• People who ate rice had arsenic levels that were 44 percent greater than those who had not, according to our analysis of federal health data. And certain ethnic groups were more highly affected, including Mexicans, other Hispanics, and a broad category that includes Asians.
• Within any single brand of rice we tested, the average total and inorganic arsenic levels were always higher for brown rice than for white.

3.  Spinach and Cheese Recalled for Listeria Bacteria

This week, there was also a national recall of spinach because it was discovered that the spinach was contaminated with listeria bacteria.  Kroger sold the bacteria-laden spinach in its stores across 15 different states, including Indiana and Illinois, as “Kroger Fresh Selections Tender Spinach,” with the UPC code 0001111091649 and a best-by date of Sept. 16.  Various kinds of cheese have also been recalled this month because of listeria contamination.

The cheese that has been recalled includes imported ricotta salata cheese in various product forms, including Forever Cheese, Inc.’s Marte brand Frescolina ricotta salata cheese and Ricotta Frescolina Marte Tipo Toscanella and/or Ricotta Salata Soft Lot (T9425).

What is listeria?  It is a bacteria that makes people sick and can kill them.  This month,three (3) people have died from eating cheese that had this listeria bacteria in it and another 15 were so sick that they have had to be hospitalized.

From the CDC:

Listeriosis is a life-threatening infection caused by eating food contaminated with the bacteriumListeria monocytogenes. The disease primarily affects pregnant women, persons with weakened immune systems, and older adults. Rarely, persons without these risk factors can be affected.

A person with listeriosis usually has fever and muscle aches, often preceded by diarrhea or other gastrointestinal symptoms. Almost everyone who is diagnosed with listeriosis has invasive infection (meaning that the bacteria spread from their intestines to the bloodstream or other body sites).

Listeriosis is treated with antibiotics. Persons in a higher-risk category, including pregnant women, persons with weakened immune systems, and older adults, who experience symptoms within 2 months after eating contaminated food should seek medical care and tell the physician or health care provider about eating the contaminated food.

What can you do?  Be careful with your food purchases and be aware that there are lots and lots of food recalls.  Your grocer should be removing this stuff from sale immediately, but sometimes that doesn’t happen.  If you get sick, or someone you love becomes ill, from eating a tainted food item the first thing is to get medical care, and after that to protect the evidence – don’t throw away the packaging, etc.  After the danger has passed, then you can think about whether or not to assert a claim.

Personal injury claims as well as those for wrongful death under the applicable state statute usually bring with them a bagful of insurance coverage issues.  Car crashes, for example, will involve coverage issues for policies purchased by both the innocent victim in a wreck as well as the policy that covers the negligent driver (which might be a company policy in cases like big rig semi truck accidents).

There are also claims that may be made under various health insurance policies.  When people suffer from listeria exposure from food they’ve purchased at a grocery store orkids are hurt playing on a playground, then the first coverage issues to be addressed are those policies given to emergency room personnel. Parents rushing their injured child to the hospital aren’t thinking about insurance coverage issues, nor should they be.

ObamaCare Questions for the Personal Injury Victim

Which means that there are questions being raised concerning the Patient Protection and Affordable Care Act (PPACA), most commonly known as “ObamaCare.”  In this week’s news coverage there are stories that the Congressional Budget Office has just released a new report on how ObamaCare will impact the American public and that the CBO’s coverage was off the mark by around 6 million people in the number of folk who could be required to pay a tax penalty under ObamaCare if they don’t get some kind of medical insurance policy. In other words, under ObamaCare if someone doesn’t get medical coverage and they meet certain criteria, then they will have to pay a tax penalty, and the number of people who might be in this situation is 6 million more than previously reported by the CBO.

For more information on ObamaCare, check out these sites:

• ObamaCare.com
• ObamaCareFacts.com
• Wikipedia – ObamaCare

Remember, Injury Victims Look to Various Insurance Policies in Damages Coverage

In accident and injury situations, the innocent person will have damages covered by various policies and people, depending upon the situation that they are facing.  If, for example, they are hurt working on the job, then workers’ compensation may cover their medical expenses, long term care needs, medications, etc.  Each state has its own set of workers’ compensation laws that have been passed by the state to protect people who are injured on the job.

For some employees, special laws exist that apply instead of the general workers’ compensation laws.  For example, railroad workers are covered by a federal law, the Federal Employees Liability Act (FELA). A man or woman who who spends at least 30% of his or her workday onboard either a specific vessel or a fleet of vessels under common ownership or control may have their on the job injuries covered by the Longshore and Harbor Workers’ Compensation Act.

If someone is injured or killed in an accident with a big rig, semi-truck (18-wheeler), then the insurance policy of both the trucking company, the truck driver, and the owner of the cargo being hauled that set up the load for transport, or the construction company that was doing repairs on the roadway at the time, may be covering the damages costs of the accident victim. In trucking accidents, claims may be made against several defendantswho share some fault for the accident.

Insurance issues can get complicated quickly, and there can be fights between insurance carriers about which policy should cover what damage in certain situations, but for the personal injury victim the issue is justice and the wrongdoer is responsible for their negligent, grossly negligent, or intentional bad act.

The National Highway Traffic Safety Administration and Safe Kids Organization are promoting this week as “Child Passenger Safety Week” to help educate parents and babysitters and family members who cart children around in cars, trucks, SUVs, minivans, and the like are aware of the importance of using child safety seats. Problems are not only that some people are not using these car seats, but that those who are using them may not be using them correctly, which means that the car seats will not protect the child in the event of a car crash.

“The key to keeping kids safe is to make sure your child is in the right seat for their age and size – and to make sure that the seat is correctly installed in your vehicle,” said Department of Transportation Secretary Ray LaHood. “We encourage everyone to take advantage of the many resources available to ensure you’ve done everything to properly protect your child.”

According to NHTSA, the five most common mistakes made when using car seats or booster seats are:

1. Wrong harness slot used - The harness straps used to hold the child in the car seat were positioned either too low or too high;
2. Harness chest clip positioned over the abdomen rather than the chest or not used at all;
3. Loose car seat installation – The restraint system moved more than two inches side-to-side or front to back; anything more than one inch is too much;
4. Loose harness – More than two inches of total slack between the child and the harness strap; there should be no slack;
5. Seat belt placement was wrong – Lap belt resting over the stomach and/or shoulder belt on the child’s neck or face.

To help parents ensure their child seats are installed and used correctly, NHTSA encourages following this Safe Kids checklist:

• Right Seat. Check the label on your car seat to make sure it’s appropriate for your child’s age, weight and height.
• Right Place. Kids are VIPs, just ask them. We know all VIPs ride in the back seat, so keep all children in the back seat until they are 13. Doing this, along with correctly using the appropriate child restraints, greatly reduces the risk of injury.
• Right Direction. You want to keep your child in a rear-facing car seat for as long as possible. When he or she outgrows the seat, move your child to a forward-facing car seat. Make sure to attach the top tether after you tighten and lock the seat belt or lower anchors.
• Inch Test. Once your car seat is installed, give it a good shake at the base. Can you move it more than an inch side to side or front to back? A properly installed seat will not move more than an inch.
• Pinch Test. Make sure the harness is tightly buckled and coming from the correct slots (check manual). Now, with the chest clip placed at armpit level, pinch the strap at your child’s shoulder. If you are unable to pinch any excess webbing, you’re good to go.

Child Passenger Safety Week runs from September 16 to September 22, 2012. If you have properly used a car seat, and your child has been seriously injured or has tragically died in a car accident, then there may be a design defect or other issue that is the cause of the tragedy.   Motor vehicle accidents are one of the main causes of death for children and teenagers in this country and while errors in car seat installation or use may be a contributing factor, it may not be real cause and investigation may be necessary.

Source: Library of Congress Photo Collection of 9/11/2001 NYC Terrorist Attack

Today marks the anniversary of the September 11, 2001 terrorist attacks on our country.  Not only did the Twin Towers of the World Trade Center fall, but the Pentagon was hit and many people were lost as Flight 93 crashed in a Pennsylvania field.  Today, there is a memorial to remember these victims of terror.

There are also, these many years later, attempts still being made to bring justice to those who died or were seriously injured during the attacks.  Just this week, news came that there has been confirmation and federal recognition that those trying to help (first responders) and civilian survivors in New York City may now have the real risk of developing cancer as a result of their exposure to the scene.

Let us hope that justice is served and closure can be found for everyone impacted by this tragedy.

Let us remember to honor the memory of 9/11 today.

Playing football in the United States may be much more dangerous than we realize — though research is being done and reports this month include findings that the force felt by football players to their head (and brain) can mean not only death and concussion but serious harm and permanent life changes from ALS (amyotrophic lateral sclerosis); CTE(chronic traumatic encephalopathy), Parkingson’s Disease, and Alzheimer’s Disease. (For details, see the latest study is published in Neurology, the journal of the American Academy of Neurology.)

Why is this important to all Americans? Because not only are professional athletes being injured or killed from head injuries that happen while they are playing sports,children in this country are also being hurt by traumatic brain injuries and concussionswhile playing sports or enjoying sporting activities.

According to the Centers for Disease Control, from 2001–2009, an estimated 2,651,581 children (up to the age of 19 years) were treated annually for sports and recreation–related injuries. Approximately 173,285 of these injuries were TBIs.  From 2001 to 2009, the estimated number of sports and recreation–related TBI visits to EDs increased 62%.

National Football League Gives $30 million For Brain Injury Research

The NFL has opened the 2012 Professional Football season with a big donation to brain injury research.  In accepting the $30,000,000 grant money, the National Institutes of Health’s National Institute of Neurological Disorders and Stroke, has announced its gratitude for the funding but has given no details on exactly how the money will be used.

UPI is reporting that this is the largest donation that the National Football League has given in its history.

From the National Football League:

The National Football League will provide $30 million in funding for medical research to the Foundation for the National Institutes of Health (FNIH), NFL Commissioner ROGER GOODELL announced today.

The unrestricted gift is the NFL’s single-largest donation to any organization in the league’s 92-year history and will be overseen by The National Institutes of Health (NIH).

NIH, a component of the U.S. Department of Health and Human Services and one of the world’s foremost medical research centers, will administer the NFL funding and research designed to benefit athletes and the general population, including members of the military.

With this contribution, the NFL becomes the founding donor to a new Sports and Health Research Program, which will be conducted in collaboration with institutes and centers at the NIH. The FNIH hopes to welcome other donors, including additional sports organizations, to the collaboration.

Specific plans for the research will remain to be developed, but potential areas under discussion include accelerating the pace of discovery to support the most innovative and promising science of the brain, including: chronic traumatic encephalopathy (CTE); concussion management and treatment; and the understanding of the potential relationship between traumatic brain injury and late-life neurodegenerative disorders, especially Alzheimer’s disease.

In addition to brain research, funding also will be dedicated to other important health areas such as: sudden cardiac death in young athletes; heat and hydration-related illness; chronic degenerative joint disease as a result of athletic injuries; the transition from acute to chronic pain; and the detection and health effects of performance enhancing substances, including human growth hormone.

“We hope this grant will help accelerate the medical community’s pursuit of pioneering research to enhance the health of athletes past, present and future,” said Goodell. “This research will extend beyond the NFL playing field and benefit athletes at all levels and others, including members of our military.”

“We are grateful for the NFL’s generosity,” says Dr. Stephanie James, FNIH acting executive director and CEO. “The research to be funded by this donation will accelerate scientific discovery that will benefit athletes and the general public alike.”

Dissemination of funding from this grant will be governed by federal law and policy applicable to NIH-funded research.   In accordance with NIH policy, NIH funding recipients will be urged to disseminate the results of research to optimize the value of the science to the research community and the public.  The NFL will have no early or special access to scientific study data.

The National Highway Traffic Safety Administration working with the National Automobile Dealers Association (NADA) has designated September as Child Passenger Safety Month. The campaign is designed to bring attention to both parents and car dealers that children need to have special safety needs met through things like booster seats, seat belts, safety seats, and more.

Across the country, car dealerships will be offering a free service: to inspect child safety seats in cars.  NADA offers its membership assistance with being prepared to do these inspections as well as promoting their dealership as being a sponsor of the annual “Boost Safety” program.

From the NHTSA’s statistical summaries:

Children and youth from birth to age 14 represented 21 percent of the U.S. population, according to the U.S. Census Bureau’s 2002 American Community Survey.

Motor vehicle crashes are the leading cause of death for children 2 years of age, and for people of every age from 4 to 34 years old.

Although the fatality rate has decreased, the total number of child occupant deaths is still high. This is due to population increases and a near doubling, over the past 20 years, of the number of miles Americans travel on our Nation’s highways.

In 2002, the use of child restraints saved an estimated 376 lives.

Of the 459 occupant fatalities among children from birth through age 4 in 2002, nearly 40 percent were completely unrestrained.

During 2002, a total of 1,785 children from birth through age 15 were killed in passenger vehicle crashes. Approximately 54 percent of passenger vehicle occupants in this age group were unrestrained:  40.4 percent of children from birth through age 4 were unrestrained; 48.6 percent of children ages 5 through 9 were unrestrained; and 62.3 percent of children ages 10 through 15 were unrestrained.

If 100 percent of motor vehicle occupants younger than age 5 had been protected by child safety seats, an estimated 485 lives (an additional 109 lives) could have been saved in 2002.

From 1975 through 2002, an estimated 6,567 lives were saved by the use of child restraints (child safety seats or adult belts).

Parents have a legal duty to keep their children safe, and this free inspection is a great opportunity for parents to have their child’s safety seat inspected in their vehicle to double check that everything’s working as it should be.   However, everyone should recognize that an inspection at a dealership doesn’t guarantee the future: products fail or get recalled and accidents may happen which may still seriously injure or kill children in this country no matter how protective and alert the parents.

Go here, for example, to check your child’s safety seat for recall information.

Exposure to things that can kill you or your loved ones: it happens every day in America.  However, right now the news reports are popping up about major exposures to large numbers of people — at hotels like the Chicago Mariott or staying in popular vacation spots like Yosemite National Park — that are threatening thousands of lives.

Legionnaire’s Disease Exposure in Chicago Marriott: 8500 People Known to Be at Risk

Right now, loved ones are grieving the lost of two people who died after being exposed to Legionnaire’s Disease while staying at the Chicago Mariott. Six other people are still alive but suffering from the Chicago outbreak of Legionnaire’s during their hotel stay.    Anyone staying at the popular hotel between July 16, 2012, and August 16, 2012, is at risk of becoming ill from exposure to Legionnaire’s Disease — and that means over 8,500 guests at the JW Marriott  are at risk.

According to the Mayo Clinic, Legionnaire’s Disease is pneumonia, but a very serious kind of pneumonia: a “super” pneumonia, if you will, that is caused by exposure to legionella bacteria.   People breathe in the bacteria, and the bacteria causes an infection in the body that results in lung inflammation.   Sometimes, people don’t get sick enough from the bacteria to get full-out Legionnaire’s Disease; instead, they get a milder version called “Pontiac Fever.”  Pontiac Fever doesn’t kill people; Legionnaire’s Disease does. Legionnaire’s Disease, according to the Centers for Disease Control (CDC), will kill up to 30% of those exposed.

Deadly Virus Exposure in Yosemite National Park Threatens Over 1700 People

At the same time, family and friends are grieving over the deaths of two people who were exposed to a toxic virus and then died from hantavirus pulmonary syndrome — all from exposure during their vacation time in Yosemite National Park.  HPS is caused by exposure to rodent feces, urine, and saliva. In other words, rats or mice.

It’s not known exactly how these people caught HPS during their stay in Yosemite’s cabins, but it is known that humans can get hantavirus from rodents from all kinds of exposure:

• breathing in the hantavirus;
• getting bit by the rodent (rare);
• touching something that has been contaminated with hantavirus-infected urine, droppings, or saliva, and then spreading that hantavirus by then touching their mouth or nose;
• eating something that a rodent infected with the hantavirus has contaminated with its saliva, its urine, or its droppings.

Over 1700 people may have been exposed to the same deadly circumstance, according to official reports. All of these people at risk will have stayed in the “Signature Tent Cabins” in Yosemite’s Curry Village sometime during this summer (since June).

Right now, the CDC is reporting that two other people have become sick from thishantavirus and it appears that the experts are predicting that more people who spent time in these cabins will also become ill (or have become ill but haven’t been reported yet) from this exposure. It has a reported fatality rate of 38%.

Who Is Responsible?

In these situations, where people who were guests in either park cabins or fancy hotel rooms ended up dying or seriously ill just because they stayed in those facilities, both state and federal laws come into play to try and find justice for these victims and their families. Sadly, wrongful death statutes under state law can apply to the tragic situations where people died from their exposure.

Personal injury law forms the cornerstone of these actions.  Specifically, premises liability laws come into play.  Those who invited people to come and stay are responsible for the safety and welfare of their guests. Hotels, motels, executive suites, bed and breakfasts — these are all businesses who take on the risk of being sued by their guests for injuries and accidents sustained on their premises in exchange for being in the business of providing guest quarters to their clientele.

One twist with the rodent exposure, though, is the fact that the invitation to stay in the cabins came from a governmental entity since Yosemite National Park is a federal park. Of course, other parties may be involved here: for example, early news reports are that a third-party company contracting with the government as a concessionaire was already on site, disinfecting the cabins.

Governments are sometimes protected by immunity statutes, and sometimes have special laws in place to cover these situations and how claims are made (and what is covered).  Private companies, including third party companies that contract with the government, may not have immunity protections and can be sued under the appropriate state law for damages sustained by both the victim and his loved ones from the exposure.

This week, the National Highway Traffic Safety Administration (NHTSA) announced that around $17.5 million in federal grant money will be made available under the Moving Ahead for Progress in the 21st Century Act (MAP-21) to those states that passed laws making distracted driving illegal in their jurisdictions for 2013.

From Ray LaHood, Secretary of the Department of Transportation:

“Distracted driving is a persistent and growing epidemic on America’s roads—but there has also been incredible momentum in the states in recent years to pass laws that tackle the problem head on. … This new grant program will provide states that have distracted driving laws with important resources to help save lives and prevent injuries.”

If Indiana, Illinois, or any other states around this neck of the woods want to get their share of this grant money, they will have to demonstrate to the federal government that they have legislation in place that makes distracted driving against their state law (a crime) or that they have a law in place by 2013 that outlaws texting while driving a motor vehicle: either way, the state law has to allow a law enforcement officer to pull over and stop drivers for distracted driving on state roads.

The Federal Government isn’t just putting money on the table to encourage state legislatures to pass state laws making distracted driving illegal, the NHTSA is doing other things, too.  Like campaigns to boost public awareness about the dangers of distracted driving.

Here’s a new Public Safety Announcement, part of the new Glee campaign against driving while texting:

Our condolences to Wynonna Judd and her husband “Cactus” aka Michael Moser (formerly of the band Highway 101 and now drummer for his wife) as news has just been released that while the couple were riding their motorcycles on the road in South Dakota last week, Cactus had an accident which was very serious and has caused him to lose a limb as doctors found no alternative but to amputate his left leg.

It’s obvious that the good news here is that this was not a fatality and that Cactus should recover from this horrific crash.  The National Highway Traffic Safety Administration has more than enough statistics to show that accidents of this kind can all too often be fatal.   Another good thing that can come from this tragedy is this:  for all motorcycle riders to remember the dangers they are undertaking by choosing the freedom of this ride, and to be vigilant about their safety on the road.

It is true that there are higher risks for the driver when that driver is on a motorcycle than in a car, truck, or van. Bikers know this, and it’s something that they accept because of the fun of the ride and the thrill of being on a motorcycle – it’s a different experience and something that they’ve deemed worth that increase of risk.

Motorcyclists are free spirits, adventurers, and mavericks — and this independence, this strength of spirit, usually puts them in good stead for dealing with the consequences when things go wrong.  The thing is, we wish that we could protect all bikers from that crash or accident and let them all ride safe and free along the roadways.

That’s not the real world, though.  All too often, long term disability can result from a motorcycle crash. The Center for Disease Control reports that more than 50% of all nonfatal motorcycle injuries happen to the leg/foot (30%) or head/neck (22%). The number of nonfatal motorcycle injuries treated in emergency rooms is around 175,000 each year.

We don’t know if there was something on the road that caused Cactus to veer off his path.  We don’t know if there was a problem with a tire or the engine or if something hit him as he was riding along.   All we know is that this event is a lesson that bikers are more vulnerable on the road than the rest of us, and for those riding motorcycles, we want you all to be safe and stay safe.

From the CDC, when you ride your motorcycle, these tips:

• Always wear a DOT-approved helmet.
• Never ride your motorcycle after drinking. Alcohol greatly impairs your ability to safely operate a motorcycle. If you have been drinking, get a ride home or call a taxi.
• Don’t let friends ride impaired. Take their keys away.
• Wear protective clothing that provides some level of injury protection. Upper body clothing should also include bright colors or reflective materials, so that other motorists can more easily see you.
• Avoid tailgating.
• Maintain a safe speed and exercise caution when traveling over slippery surfaces or gravel.

Here’s the thing about obesity from a personal injury lawsuit perspective: sooner or later, some defense lawyer is going to argue that a victim of medical malpractice, or on the job work injuries, or product failures or product defects, or a traffic accident, is someone that should not get as much in a financial award as another person in their place, because that victim weighed too much under some set of government guidelines or standards.

Expect Defendants Who Are Responsible for Serious Injuries to Start Using Obesity Statistics to Try and Avoid Paying Damages

It’s not fair, but fat may be argued as a contributing cause to many things in personal injury claims and it’s important to consider this reality as the Center for Disease Control (CDC) issues its latest national study on obesity in America.  The CDC, for example, argues that medical costs for those who are obese are higher than those of normal weight — imagine the insurance argument that the defendant, even though at fault, should not have to pay for costs that exceed the “normal” range.

It’s already being done (see, for example, this British Columbia case where the argument failed).

CDC’s National Study – Many Americans are Overweight or Obese According to Their Research Findings

Here’s what the Center for Disease Control has to report:

In 2011, rates of adult obesity remain high, with state estimates ranging from 20.7 percent in Colorado to 34.9 percent in Mississippi. No state had a prevalence of adult obesity less than 20 percent, and 12 states (Alabama, Arkansas, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Oklahoma, South Carolina, Texas, and West Virginia) had a prevalence of 30 percent or more. The South had the highest prevalence of adult obesity (29.5 percent), followed by the Midwest (29 percent), the Northeast (25.3 percent) and the West (24.3 percent).

In 2011, several updates occurred with BRFSS that impact estimates of state-level adult obesity prevalence. First, there was an overall change in the BRFSS methodology, including the incorporation of cell-phone only households, and a new weighting process. These changes in methodology were made to ensure that the sample better represents the population in each state. Second, to generate more accurate estimates of obesity prevalence, small changes were made to the criteria used to determine which respondents are included in the data analysis.

Because of these changes in methodology, estimates of obesity prevalence from 2011 forward cannot be compared to estimates from previous years. Data collected in 2011 will provide a new baseline for obesity prevalence data collected in subsequent years.

BRFSS is only one of several data sets that monitor rates of obesity in the United States. When considering these other data sets, including the National Health and Nutrition Examination Survey (NHANES), the obesity epidemic is still a major public health problem.

In Washington, the ranking member of the House Rules Committee is also the only microbiologist serving in Congress today, and New York’s Congresswoman Louise Slaughter may be the only voice in either the House or Senate that comprehends the serious dangers to Americans that food – contaminated food – face today.

Congresswoman Slaughter released a statement to the press this week after 14 people across the Northeast ate ground beef sold by a Maine grocery store chain and become infected with a form of Salmonella (Salmonella typhimurium) that is resistant to most antibiotics.

Slaughter has also written a proposed law, the Preservation of Antibiotics for Medical Treatment Act (PAMTA), that would end the use of antibiotics in livestock of medically important antibiotics for other than therapeutic reasons.

From Congresswoman and scientist Slaughter:

“When we go to the grocery store to pick up dinner, we should be able to buy our food without worrying that what we put on our plates is exposing our families to dangerous antibiotic-resistant bacteria. How much longer is the federal government going to wait before waking up to the public health threat, looming quite literally, under our noses? We have a duty to protect the public health, and frankly the foot-dragging we are seeing on this issue here in Washington is legislative malpractice.

“If an animal is sick, it should be treated. But the routine, regular dosing of antibiotics to healthy animals is absolutely contributing to the rise in antibiotic-resistant bacteria. It would be like a mother sprinkling antibiotics on their son or daughter’s Cheerios every morning to prevent them from getting sick. It’s ridiculous. We must act now or we will continue to see more and more cases like this as we diminish the effectiveness of life-saving medications.”

Bacteria That Antibiotics Cannot Stop: Public Health Danger

The form of Salmonella that was discovered in the ground beef sold by the Maine grocery stores has been shown to cause gastroenteritis in humans and typhoid in mice.  It’s an important issue to stop injecting antibiotics into cattle willy-nilly: that is a food danger.

However, food poisoning from bacteria found in food across the United States is a much bigger issue than this single kind of bacteria or just being more careful about ground meat.   Food safety is a big problem here in America, and right now what most victims must do for justice is to file a claim or lawsuit  based upon negligence, strict products liability, or breach of warranty.  Unfortunately, some of these claims must be pursued as part of a wrongful death case.

New York Times and Others Demanding Federal Action

This past weekend, the New York Times publicly demanded that the White House’s Office of Management and Budget release final food safety rules, and in doing so the New York Times became just one more voice crying out for the need to protect the American consumer from dangerous food.

To keep track of food outbreaks across the country, track or follow the Food Safety Newsor the Centers for Disease Control’s daily reports.

Disabled workers in this country get injured on the job more often – a lot more often – than those who are working without a disability according to findings released today (you can read the study online in the American Journal of Public Health).   Injuries that are serious enough to require medical attention.

Why?  The American workplace is simply more dangerous for those workers on the job who come to work each day with a disability.  Rates of occupational injury for the disabled American worker is 6.0 out of 100 compared to 2.3 out of 100 for their non-disabled coworkers. 6 compared to 2.3 … that’s a big difference in risk.

Disabled Workers Face Bigger On the Job Work Dangers of Serious Injury

This news comes from research done by folk at the Center for Injury Research and Policyof The Research Institute at Nationwide Children’s Hospital and The Ohio State University; Dr. Huiyan Xiang heads up the research project as the principal investigator at the Center for Injury Research and Policy.  He is also co-author of the study  and an Associate Professor of the Division of Epidemiology at The Ohio State University College of Public Health.   According to Dr. Xiang:

“The increase in occupational injuries to workers with disabilities found in our study shows the need for better accommodation and safety programs in the workplace and the need for a safer working environment.  Outreach programs that teach U.S. workers with disabilities occupational safety and health skills could play a significant role in preventing injuries.”

The two biggest reasons for people being hurt on the job while at work were (1) falling and (2) accidents involving transportation — car accidents, truck crashes, and the like.   According to the study, if employers would take more care in making sure that the workplace was safe for workers, then we would see less injuries happen to all workers, whether they are disabled and on the job or not.

The courtroom fight over the new federal rule over the hours of service each American truck driver can work each day, as promulgated by the Federal Motor Carrier Safety Administration (FMCSA) is far, far from over. This week, fifteen (15) industry groups joined together in their challenge to having this federal regulation become the law of the land as they filed a joint legal brief detailing their concerns in the pending lawsuit brought by the American Trucking Association in federal court.

These 15 different industry leaders aren’t joining the case as parties; they have filed their legal arguments as “friends of the court” (amici curiae).  They are asking the federal court to stop the federal agency from enforcing the new FMCSA HOS Rule (76 Fed. Reg. 81134) (read the rule here).

The 15 Industry Leaders Challenge the Federal Motor Carrier Safety Administration’s Hours of Service Final Rules for U.S. Truck Drivers.

Who is joining in on this legal brief in the 15 industry coalition?  The “friends of the court” and allies of the American Trucking Association in its efforts to stop the FMCSA include the following powerhouses:

1. American Bakers Association
2. National Retail Federation
3. National Council of Chain Restaurants
4. U.S. Poultry & Egg Association
5. National Chicken Council
6. National Turkey Federation
7. Food Marketing Institute
8. Intermodal Association of North America
9. International Food Distributors Association
10. NASSTRAC
11. National Association of Manufacturers
12. National Grocers Association
13. National Private Truck Council
14. Retail Industry Leaders Association
15. Snack Food Association.

The American Trucking Association is challenging the Final Rule because of the following:

• changes to the restart provision requirie that it include two consecutive periods between 1 a.m. and 5 a.m.;
• limits on the frequency with which a driver may use the restart;
• the requirement that a mandatory 30-minute break from driving also exclude all other on-duty activity; and
• narrowing—without prior notice—certain exceptions to drive-time regulations for local delivery drivers.

The FMCSA stands behind its new regulation, summarizing its position as follows:

SUMMARY: FMCSA revises the hours of service (HOS) regulations to limit the use of the 34-hour restart provision to once every 168 hours and to require that anyone using the 34-hour restart provision have as part of the restart two periods that include 1 a.m. to 5 a.m. It also includes a provision that allows truckers to drive if they have had a break of at least 30 minutes, at a time of their choosing, sometime within the previous 8 hours. This rule does not include a change to the daily driving limit because the Agency is unable to definitively demonstrate that a 10-hour limit—which it favored in the notice of proposed rulemaking (NPRM)—would have higher net benefits than an 11-hour limit. The current 11-hour limit is therefore unchanged at this time. The 60- and 70-hour limits are also unchanged. The purpose of the rule is to limit the ability of drivers to work the maximum number of hours currently allowed, or close to the maximum, on a continuing basis to reduce the possibility of driver fatigue. Long daily and weekly hours are associated with an increased risk of crashes and with the chronic health conditions associated with lack of sleep. These changes will affect only the small minority of drivers who regularly work the longer hours.

Those victims of severe back injuries, where spinal cord damage is so serious that they have lost the ability to use their legs or arms, perhaps the use of their body from the neck down, got a big, big reason to hope for a better tomorrow after the University of Miami and the Food and Drug Administration released their news today.

The FDA has okayed clinical trials down in Florida of using nervous system cells called Schwann cells in the treatment of paralysis.   This is the first time this has ever been done.  Ever. In the entire world, this testing has never been done before and now, it’s starting down in Miami.

Why is this such a big deal?

Spinal cord injuries can happen in so many ways. Horseback riding (remember Christopher Reeve?).  Playing football: Hall of Famer Nick Buoniconti’s son Marc was been paralyzed from the neck down after a spinal cord injury happened to him during a college football game.  Nick and Marc Buoniconti’s story was covered by ABC News along with their Miami Project Cure Paralysis as part of their coverage of the FDA approval today (here).

Here is what will happen.

Eight people, each living their lives with severe spinal cord injuries, will be the patients in this trial.  As the world watches, they will get injected with their own cells, their Schwann cells, and researchers believe that if their trial is based on sound science, that these eight people will see their bodies take those cells to regenerate the ability to sense and move.   Paralysis, cured.

Here is the complete press release as distributed by the University of Miami today:

The Miami Project to Cure Paralysis, a Center of Excellence at the University of Miami Miller School of Medicine, has received permission from the Food and Drug Administration to begin a revolutionary Phase 1 clinical trial to evaluate the safety of transplanting human Schwann cells to treat patients with recent spinal cord injuries.

Found mainly in the peripheral nervous system, Schwann cells are essential to sending appropriate electrical signals through the nervous system, and Miami Project scientists and supporters believe they are key to finding cures for paralysis. In what will be the only FDA-approved cell therapy-based clinical trial for sub-acute spinal cord injury in the United States, investigators plan to transplant a patient’s own Schwann cells at the injury site in the hope of ascertaining safety that will allow further trials to proceed.

“We believe today’s announcement is just as important to our field as man’s first step on the moon was to the space program,” said neurosurgeon Barth Green, M.D., Co-Founder and Chairman of The Miami Project. “When we started The Miami Project, the short-term goal was to improve the quality of life of people living with paralysis, but the long-term goal remains re-establishing function and finding a cure. Today the scientists, clinicians, and technicians who have made this day possible have taken a giant leap forward. The hundreds of millions of dollars and incalculable hours of bench and clinical work invested in this goal have been well spent.”

“This is truly one small Schwann cell for a human, and one giant leap for humankind and the search for cures for paralysis,” said Pascal J. Goldschmidt, M.D., Senior Vice President for Medical Affairs and Dean of the Miller School of Medicine, and CEO of UHealth-University of Miami Health System. “The FDA decision validates the commitment of a family who has turned their own tragedy into hope, and the vision of scientists who have never wavered in their quest to reverse the catastrophic consequences of spinal cord injury.”

Nick Buoniconti, Co-Founder of The Miami Project, said, “It has been 26 years since my family made a promise to Marc and all those living with paralysis that nothing will stand in the way of us finding a cure, absolutely nothing. FDA approval of this clinical trial is allowing us to follow through on this incredibly important commitment that impacts millions of families each day. This validation of the tireless efforts being undertaken at The Miami Project offers real hope and shows we are closer than ever to curing paralysis.”

“Back in 1985, all we had was Dr. Green’s dream, my family’s determination, a lot of hope, and a ton of hard work ahead of us,” said Miami Project President Marc Buoniconti. “To be at this point today, receiving FDA authorization for this Schwann cell trial, is so rewarding to me, my family, and everyone who has ever stood by our side and supported this important work. This is another of the many monumental steps we’ve undertaken these past 26 years that will lead us to our ultimate goal of curing paralysis.”

Led by W. Dalton Dietrich, Ph.D., the Schwann cell clinical trial team at The Miami Project is composed of a multi-disciplinary group of basic science and clinical faculty members, scientific staff, and regulatory personnel focused on advancing the trial.

“Obtaining clearance from the FDA to initiate this important Phase I clinical trial is a vital step for the field of SCI research, and for the Miami Project team that has been working diligently on this therapeutic concept for more than a quarter of a century. This trial, when completed successfully, will lay the critical foundation for future cell-based therapies we plan to target SCI,” said Dr. Dietrich, Scientific Director of The Miami Project.

The clinical trial will enroll eight participants with an acute thoracic SCI. Newly injured patients brought to the trauma center would have to meet the stringent criteria and agree to participate in further screening within five days of their injury. At that point, the participant will undergo a biopsy of a sensory nerve in one leg to obtain his or her own Schwann cells. The Schwann cells will then be grown in a culturing facility for three to five weeks to generate the number of cells necessary for transplantation, and to undergo the strict purification process. By the time the Schwann cells are surgically transplanted into the injury site, participants will be 26-40 days post-injury.

All procedures will be conducted in Miami at University of Miami Hospital, Jackson Memorial Hospital, and The Miami Project to Cure Paralysis. Each participant will be followed intensely for one year after receiving the transplantation surgery, and their neurologic status, medical status, pain symptoms, and muscle spasticity will be evaluated. It is expected that it could be at least two to three years from the time the first subject is enrolled until the final subject is one year post-transplantation. All participants will continue to be monitored for years under a separate clinical protocol. This Phase I trial is the foundation upon which The Miami Project will develop future trials targeting different types of injuries, times post-injury, and therapeutic combinations.

The Miami Project has developed life-enhancing SCI programs used by hospitals and clinics across the nation and around the world. For example, male fertility for paraplegics and quadriplegics was a research effort and is now clinical practice; the monitoring of a patient’s spinal cord in the operating room was a concept, and is now an FDA-approved reality; the use of functional electrical stimulation in rehabilitation of paralyzed or partially paralyzed muscles is now FDA-approved and effective because of work by The Miami Project; the use of computerized walking systems is now FDA-approved; and the use of cooling to protect the nervous system is now an approved and commonly used practice in cardiology and vascular surgery and is rapidly being advanced in the areas of brain and spinal cord injury due to the work of The Miami Project.

THE MIAMI PROJECT: In 1985, Barth A. Green, M.D., and NFL Hall of Fame linebacker Nick Buoniconti helped found The Miami Project to Cure Paralysis after Nick’s son, Marc, sustained a spinal cord injury during a college football game. Today, The Miami Project is the world’s most comprehensive spinal cord injury research center and a designated Center of Excellence at the University of Miami Miller School of Medicine. The Miami Project’s international team is housed in the Lois Pope LIFE Center and includes more than 250 scientists, researchers, and clinicians who take innovative approaches to the challenge of SCI.

The Miami Project’s Christine E. Lynn Clinical Trials Initiative will take discoveries found to be successful in laboratory studies and fast track them to human studies with the approval of the FDA. The Miami Project is well positioned and confident that we have the expertise, knowledge, and drive to navigate through the process and continue to initiate new clinical trials in the future. Since its inception, The Miami Project has worked carefully and diligently toward these goals and the results show that the time is right to make these important steps into humans.

SCIENCE/TRIAL CONTACT: Kim Anderson, Ph.D., 305-243-7108 or mpinfo@med.miami.edu

This week, around the world, there will be lots of concerned folk trying to get the word out to the public about the growing number of people who have been exposed and infected by the hepatitis virus but aren’t aware that they’ve been infected and are at risk for serious injury and death (from things like liver cancer) because of it.

That fun tattoo you got on vacation?  Tattoos are sometimes the source of hepatitis virus infection.  Work at a care facility where there are needles?  Big risk for exposure to a form of hepatitis.  Maybe your visit to the dentist exposed you for hepatitis, like those who just got a warning in Colorado that their dentist may have infected them.

General Public as well as Doctors, Nurses, and Health Care Pros Need to Be More Aware of Viral Hepatitis Risks

In a report issued by the Institute of Medicine (IOM) report in 2011, one surprisingly big gap in knowledge of hepatitis running rampant in our country was among health care professionals themselves. It’s because of this, among other concerns, that there’s a worldwide Hepatitis Awareness Day this month.

What is Hepatitis?

There are different kinds of hepatitis, but all of them involve the liver: the word “hepatitis” means inflammation of the liver.  There are three different viruses that are all called “hepatitis” but they are unique:  there is A, B, and C.  Hepatitis B and Hepatitis C are life-long infections — patients cope with them, but there’s no known cure.

Many people with chronic viral hepatitis don’t know they are infected, it can take as much as 30 years for any symptoms to show up — but all the while, the virus has been in their blood, damaging their liver.  Some will die from liver cancer caused by this virus.

Hepatitis B can be prevented by a vaccine.  If exposed to the Hepatitis B virus, there may be a short-term infection where the patient knows they are ill, and some can recover from it.  Many children who get it will not be able to clear it, though, and will have a “chronic,” or lifelong, illness.

Hepatitis C is a liver disease where those infected, up to 85%, will have to deal with it as a chronic infection.  Doctors have no cure, but they do know that a significant minority of people will recover from hepatitis C on their own (15%–25%).

Infection from hepatitis can be from bad things like drug or alcohol abuse.  It can also result from substandard care at a hospital or nursing home; from getting a tattoo; or from exposure on the job, among other things.  Just because you have taken care of yourself and been careful of you and your family does not mean that you and your loved ones are safe from this killer disease.

From NATAP, here are the major risk factors for Hepatitis A, B, and C:

HEPATITIS A

Person-to-person contact
Poor personal hygiene
Poor sanitation
Unsafe sexual practices
Employment of contact with day care centers and healthcare institutions such as nursing homes
Street drug use
HEPATITIS B

Hemodialysis
Patients of custodial institutions for developmentally disabled
Exposure to blood/blood clot products
Needle-stick injury
Sexual activity with multiple (heterosexual or homosexual) partners
IV drug use
Infants of HBV-positive mothers
Tattooing
Body piercing
HEPATITIS C

Hemophilia
Hemodialysis
Organ transplant
IV drug use
Blood transfusion prior to 1992
Needle-stick injury
Tattooing
Body piercing
Sexual activity with multiple partners

In less than two weeks, it will be time for the 72nd annual Sturgis Motorcycle Rally in Sturgis, South Dakota – an American tradition, where motorcycle enthusiasts from all over Illinois, Indiana, the rest of the country and around the world travel to this small town for a week of motorcycle related fun.  According to the Sturgis Motorcycle Rally website, celebrities like reality show TV American Chopper stars Paul Teutul Jr. and his crew will be attending. Almost a half a million riders are expected to participate in the 2012 Rally this year, based upon statistics kept by Rally officials over the past ten years.

Sturgis Motorcycle Rally Has Something for Everyone: Spotlight on the American Motorcycle Rider

There are races.  There are stunts.  There’s lots of talk about motorcycles, there’s lots of booths selling stuff related to motorcycles, and there’s lots of talk about the state of motorcycle riding in America today.

Some of that is going to include motorcycle safety, of course, and there’s undoubtedly going to be talk about Helmet Laws. The Sturgis site, in answer to the Frequently Asked Question about helmet laws in South Dakota or neighboring states, refers the reader to the AMA-Cycle site, which provides a map of the United States with links to each state’s current motorcycle laws and regulations.

Go there, and you will discover that Illinois does not require a safety helmet, either on the road or off-road.  Indiana?  Safety helmets are required for those under 18 years of age as well as instruction permit holders on the road. In Indiana, no helmet is required for anyone off-road.

Many motorcycle enthusiasts do not like helmets – they argue that these helmets restrict their ability to see and hear while riding on the road, giving them a big disadvantage on roadways where other vehicles already disregard and discount motorcycles in traffic.  However, there are government studies that suggest otherwise, and have formed the basis of many state regulations on motorcycle helmets.

Motorcycle Safety Statistics- CDC Findings Are Motorcycle Helmets Reduce Head Injury Risk by 69%

According to the Center for Disease Control, the only effort that has been scientifically proven to protect motorcycle riders in crashes or accidents from serious injury or death is the wearing of a safety helmet by 69%.  That’s right:  SIXTY-NINE PERCENT.  From the CDC site (links added):

Helmets are estimated to reduce the likelihood of death in a motorcycle crash by 37%. The National Highway Traffic Safety Administration (NHTSA) estimates that helmets saved the lives of 1,544 motorcycle riders in 2010 alone.

Traumatic brain injury is a leading cause of motorcycle crash death. Even when not fatal, these debilitating head injuries can mean a lifetime of costly rehabilitation and severe emotional trauma for family and friends. In fact, treating severe traumatic brain injuries costs times more than non-brain injuries.

Helmets reduce the risk of head injury by 69%.

There are no negative health effects from helmet use. Helmets do not restrict a rider’s ability to hear important sounds, or to see a vehicle in the next lane. …  Unhelmeted riders are 40% more likely to die from a head injury than someone wearing a helmet.

CDC Image of Distribution of Impact On Motorcycle Helmets In Crash

This week, Kerry Kennedy – the ex-wife of Andrew Cuomo (Governor of New York), the daughter of Senator Robert F. Kennedy and the niece of President John F. Kennedy – was involved in a car crash that witnesses say she caused when her Lexus ran into a tractor trailer truck on New York Interstate 684.

No one was seriously injured in the accident, luckily, but Kerry Kennedy does have a lot to do in order to prove that she was not driving under the influence of either drugs or alcohol at the time.

So far, Kerry Kennedy is doing a good job of proving just that, because Kennedy is educating the police, the courts, and due to her family’s fame, the American public of one more hazard of even a mild head injury: the possibility of seizures in the future.

Kennedy Argues She Is Victim of Traumatic Brain Injury Seizure

Kennedy’s head injury is not recent. However, brain injuries often have lifelong consequences. Even a minor brain injury can result in seizure disorders or even epilepsy. The fact that Kerry Kennedy acted in a manner that led police on the scene to suspect that she was high on drugs or drunk on alcohol only leads credibility to her argument, since testing has shown that she had no intoxicating substances in her blood stream at the time of the wreck.

If you or a loved one has been the victim of a head injury, either playing sports, falling at the mall, while in a car accident, or in any other scenario where your head was jarred or hit, then it is important to be aware of the risk of seizures or epilepsy in the future.

Seizures vs Epilepsy

Brain seizures are brain electrical malfunctions, where the nerve cells operate in an intense, rapid manner. Seizures can be mild and barely noticeable or they can be severe in strength and duration. Epilepsy is simply a diagnosis of having multiple seizures over time.

For more details on seizures, please review the detailed information provided by sites like Medicine.Net and the Center for Disease Control.

Once again, if you or your child has suffered even a minor head injury, then please do not dismiss it — check things out with a doctor.  Be careful out there.

Again, more examples that just because you buy a product in America today does not mean that you can trust it to be safe for you and your family (the basis for products liability law):  this week, we learn that (1) Nissan is recalling about 11,000 of its 2012 Nissan Juke crossovers; (2) Porsche is recalling 270 new 2011-12 Cayenne and Panamera model vehicles; and (3) Ford is recalling 2013 Ford Escapes.

It seems that more and more cars on American roadways are getting recalled after people have bought the products and driven away to use them to get to work, take kids to school, drive to the lake on the weekend, etc.  Defective products are a real problem in the United States today.  It is sad to think that accidents and wrongful deaths will happen because of products that fail through no fault of the driver, and that families and injury victims will be forced to deal with personal injury claims in the future.

Here’s the latest on these three 2012 recalls from Nissan, Ford, and Porsche:

Porsche

Vehicle Make / Model: Model Year(s): PORSCHE / CAYENNE 2012 PORSCHE / PANAMERA 2011 PORSCHE / PANAMERA 2012 Manufacturer: PORSCHE CARS NORTH AMERICA, INC. Mfr’s Report Date: JUL 11, 2012 NHTSA CAMPAIGN ID Number: 12V329000 NHTSA Action Number: N/A

Component: ENGINE AND ENGINE COOLING:ENGINE:GASOLINE:TURBO-CHARGER

Potential Number of Units Affected: 270

Summary: PORSCHE IS RECALLING CERTAIN MODEL YEAR 2011-2012 PANAMERA TURBO, 2012 PANAMERA TURBO S, AND 2012 CAYENNE TURBO VEHICLES. THE TURBINE WHEEL OF A TURBOCHARGER MAY FRACTURE DUE TO A CASTING DEFECT. IF A FRACTURE OCCURS, VEHICLE PERFORMANCE WILL BE DECREASED AND THE TURBINE SHAFT MAY FRACTURE.

Consequence: IF THE SHAFT FRACTURES, OIL MAY BE DRAWN INTO THE EXHAUST SYSTEM, RESULTING IN SMOKE AND THE INCREASED RISK OF A FIRE.

Remedy: PORSCHE WILL NOTIFY OWNERS, AND DEALERS WILL REPLACE THE TURBINE WHEELS, FREE OF CHARGE. THE RECALL IS EXPECTED TO BEGIN IN JULY 2012. OWNERS MAY CONTACT PORSCHE AT 1-800-767-7243.

Notes: PORSCHE’S SAFETY RECALL NUMBER IS AC04. CUSTOMERS MAY CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION’S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY: 1-800-424-9153); OR GO TO HTTP://WWW.SAFERCAR.GOV.

Nissan

Vehicle Make / Model: Model Year(s): NISSAN / JUKE 2012 Manufacturer: NISSAN NORTH AMERICA, INC. Mfr’s Report Date: JUL 12, 2012 NHTSA CAMPAIGN ID Number: 12V328000 NHTSA Action Number: N/A

Component: SEATS

Potential Number of Units Affected: 11,076

Summary: NISSAN IS RECALLING CERTAIN MODEL YEAR 2012 JUKE VEHICLES MANUFACTURED FROM FEBRUARY 3, 2012, THROUGH MAY 26, 2012. DUE TO AN INCOMPLETE WELD PENETRATION, THE REAR SEAT BACK STRIKER MAY PARTIALLY SEPARATE IN A CRASH.

Consequence: IN THE EVENT OF A CRASH, THE REAR SEAT BACK MAY NOT BE SECURED, INCREASING THE RISK OF INJURY TO THE REAR SEAT OCCUPANTS.

Remedy: NISSAN WILL NOTIFY OWNERS, AND DEALERS WILL REPLACE THE AFFECTED SEAT BACK STRIKERS, FREE OF CHARGE. THE RECALL IS SCHEDULED TO BEGIN AT THE END OF JULY 2012. OWNERS MAY CONTACT NISSAN CUSTOMER SERVICE AT 1-800-647-7261.

Notes: CUSTOMERS MAY CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION’S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY: 1-800-424-9153); OR GO TO HTTP://WWW.SAFERCAR.GOV.

Ford

Vehicle Make / Model: Model Year(s): FORD / ESCAPE 2013 Manufacturer: FORD MOTOR COMPANY Mfr’s Report Date: JUL 02, 2012 NHTSA CAMPAIGN ID Number: 12V319000 NHTSA Action Number: N/A

Component: STRUCTURE

Potential Number of Units Affected: 8,266

Summary: FORD IS RECALLING CERTAIN MODEL YEAR 2013 ESCAPE VEHICLES MANUFACTURED FROM MARCH 8, 2012 THROUGH JUNE 7, 2012. DUE TO MIS-POSITIONED CARPET PADDING THE CENTER CONSOLE TRIM PANEL MAY BE PUSHED OUTBOARD OF THE INTENDED POSITION, REDUCING CLEARANCE RELATIVE TO THE PEDAL PACKAGE.

Consequence: THE REDUCED CLEARANCE MAY RESULT IN THE DRIVER’S FOOT CONTACTING THE SIDE OF THE BRAKE PEDAL WHILE TRANSFERRING THE FOOT FROM THE ACCELERATOR PEDAL TO THE BRAKE PEDAL, INCREASING STOPPING DISTANCES AND THE RISK OF A CRASH.

Remedy: FORD WILL NOTIFY OWNERS, AND DEALERS WILL REMOVE THE CARPET PADDING AND LEFT-SIDE CONSOLE TRIM PANEL REPLACED WITH A NEW PANEL, FREE OF CHARGE. THE RECALL IS EXPECTED TO BEGIN ON JULY 23, 2012. OWNERS MAY CONTACT FORD AT 1-866-436-7332.

Notes: FORD’S RECALL CAMPAIGN NUMBER IS 12S34. CUSTOMERS MAY CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION’S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY: 1-800-424-9153); OR GO TO HTTP://WWW.SAFERCAR.GOV.

The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) has ramped up a new national campaign with a worthy goal:  to save lives by preventing deadly falls on the job for those working in the construction industry. According to OSHA’s numbers, over 10,000 workers were injured in 2010 when they fell while working construction on the job.

Working construction is dangerous and people are hurt, sometimes seriously, and tragically, workers are killed from falls from ladders, scaffolds and roofs.  OSHA’s goal

“…is to make sure that another family does not have to suffer the pain of losing a loved one because of preventable workplace injuries,” according to DOL Secretary Hilda Solis. “Falls are the most fatal out of all hazards in the construction industry, accounting for almost one in every three construction worker deaths. Our simple message is that safety pays, and falls cost.”

OSHA has announced that it will work with trade associations, labor unions, employers, universities, community and faith-based organizations, and consulates to provide employers and workers – especially vulnerable, low-literacy workers – with education and training on common-sense fall prevention equipment and strategies that save lives.

Under the Occupational Safety and Health Act of 1970, federal law requires that construction bosses (companies, contractors, subcontractors, etc.) are legally responsible to all their construction workers for making sure that their work area is safe and healthy.  It is the job of the construction worker’s employer to abide by federal law and regulations designed for construction safety.

For more information, visit http://www.osha.gov.

Side effects of gastric bypass surgery are still being discovered, and even though people in Indiana and Illinois and elsewhere are getting gastric bypasses or lap-bands to help them lose weight every day, researchers are still working to learn how dangerous these fat loss procedures can be for people who are just trying to get healthier and happier after diet and exercise alone haven’t worked for them.

This week, a new study was published by University of Pittsburgh researchers along with doctors from University of Pittsburgh Medical Center; the Brody School of Medicine at East Carolina University; and the National Institute of Diabetes and Digestive and Kidney Diseases in the latest issue of the  Journal of the American Medical Association (JAMA), where their study found that there may be a risk between bariatric surgery (which includes a variety of procedures that alter the stomach for weight loss reasons) and something called “alcohol use disorder” (AUD) which in layman’s terms is alcohol abuse and dependence.

You can read the study here.

Side Effects of Gastric Bypass and Lap Band / Fat Loss Stomach Procedures

According to the Mayo Clinic, there are many risks that come with bariatric surgeries and they include the following:

• Excessive bleeding
• Infection
• Adverse reactions to anesthesia
• Blood clots
• Lung or breathing problems
• Leaks in your gastrointestinal system
• Death (rare)

• Bowel obstruction
• Dumping syndrome, causing diarrhea, nausea or vomiting
• Gallstones
• Hernias
• Low blood sugar (hypoglycemia)
• Malnutrition
• Stomach perforation
• Ulcers
• Vomiting

Gastric Bypass Surgery is Dangerous – Medical Malpractice Risk Exists

The popularity of bariatric surgery for weight loss should not make anyone assume that the procedures are safe and without risk of serious injury or death for them. The new ABA study is showing new, long-term risks are also at play here: research is showing a higher risk of alcoholism for those who have lap band or gastric bypass types of surgeries.

Other risks, including those listed above from the Mayo Clinic, are already known to exist and anyone considering this procedure should be informed of these risks and fully understand these can be the consequences of their choice to have weight loss surgery. However, there’s another undercurrent of concern here: as the popularity of lap bands and weight loss surgery grows, so does the risk of medical malpractice.

Doctors need to be experienced and knowledgable about this type of surgery, not just any physician should be doing these surgeries. Not every hospital or clinic should be welcoming these procedures.

Malpractice can permanently injure or kill patients who have had lap band or gastric bypass procedures. Errors can often result in infections from leaking staples or sutures, for example. There can be complications from these infections and leaks that result in respiratory problems, as well as pulmonary embolisms. People do die from these surgeries.

Anyone considering these types of weight loss procedures should educate themselves not only on the risks and complications short term and in the long run of the surgery itself but also those who will be responsible for the surgery and the care of the patient before, during, and after the procedure is done. Doctors, nurses, and hospitals do make mistakes – be careful out there.

Tomorrow is the Fourth of July holiday and many are expected to be traveling the local roads here in Indiana and Illinois to attend parties, to have picnics, to see fireworks displays.  However, statistics show (and injury expert experience warns) that there will some innocent victims living today that will die tomorrow as the result of an accident on the roads, wrongful deaths caused in some cases by drunk driving or distracted driving.

Drive Sober or Get Pulled Over

To counter this possibility and keep those tragedies from happening, the federal government via the National Highway Traffic Safety Administration has its Drive Sober or Get Pulled Over campaign already in place. You can read the details here. Indiana and Illinois are both participating in the Drive Sober or Get Pulled Over program tomorrow, July 4, 2012.

Dangerous Driving Enforcement Program by Local Police on Fourth of July

However, since some records have more drunk driving in our area over the Fourth of July than any other holiday, state officials are being very serious this year. The Indiana Criminal Justice Institute (ICJI) has issued a news release reporting that the Indiana State Police are joining together with local police departments and law enforcement agencies in neighboring states to implement “Dangerous Driving Enforcement” (DDE).

What does this mean?  It means that Indiana and Illinois will see checkpoints set up on the roads tomorrow. And there will be lots more patrol cars driving around, making their presence known. Police will be pulling people over and they will be arresting those drivers that they suspect are driving drunk.

That’s not all.  Distracted drivers will be targeted, too. Text while driving, and you’re a named target of law enforcement tomorrow.

“Although enforcement efforts occur in May with Indiana’s “Click It or Ticket” enforcement mobilization, and August with Indiana’s “Drive Sober or Get Pulled Over” crackdown on impaired driving, there traditionally has not been a considerable amount of enforcement occurring during June and July between these blitzes,” said Ryan Klitzsch, Traffic Safety division director at ICJI. “This is a particularly heavy period for fatal crashes, especially motorcycle related crashes. The DDE project now aggressively addresses this problem and will hopefully lead towards a significant drop in deaths and injuries during this time,” Klitzsch continued.

Indiana State Police Will Have Operation C.A.R.E. Active From July 3 – 8, 2012

Governor Mitch Daniels’ office has also issued a public notice that the Indiana State Police will be participating in Operation Combined Accident Reduction Effort (CARE) from July 3 through July 8. Operation C.A.R.E. puts around 150 added Indiana State Troopers on the Indiana roads during this time period specifically tasked with stopping not only impaired drivers,  but  “… motorists who speed, follow too closely, make unsafe lane changes, drive aggressively and fail to buckle up or properly restrain their children.”

Preventing Accidents and Crashes Is a Worthy Goal

Personal injury attorneys and their staff members are very aware that people will be injured and killed on the roads during every holiday season, just as doctors and nurses and police officers understand as well.  It’s a sad truth about our society today — innocent victims will die because of the carelessness of others who are driving vehicles while under the influence of drugs or alcohol or while texting or chatting on their phones, or eating as they drive or otherwise driving in a distracted manner.

It makes for a bittersweet holiday, knowing this will happen to someone out there.  However, having these campaigns in place and increasing public awareness of the dangers of driving even after just a couple of beers or while using your phone, even just for a minute, is important.  We all need to help spread the word, to keep those wrongful deaths to as low a number as possible.

Have a Happy Fourth of July tomorrow.  And remember, don’t text and drive or drink and drive.  Stay safe.

This month,the federal government through OSHA (Occupational Safety and Health Administration) has changed the rules for those working in several very dangerous kinds of work.  The new final rule from OSHA applies to head protection (hard hats, helmets, etc.) worn by those working in general industry as well as in shipyards, marine terminals, longshoring, and those involved in construction.

This is a great thing, since some of the OSHA requirements here had not been revisited and updated in forty-eight years.  That’s right: 48 years.

• To read the complete rule as it will appear in federal law, assuming no successful challenge is made, go here to read it in the Federal Register.
• To read how this changes things from the old rule, go here.

What’s happening here?

OSHA is making its federal requirements line up with the hard hat safety standards already set by the American National Standards Institute.   This is important because some of OSHA’s hard hat standards hadn’t been updated since the late 1960s.  That’s a long time, even for something that many see as so basic: hard hats haven’t evolved all that much in the past 50 years right?  Wrong.

Employers will be happy to learn that hard hats made to meet old ANSI standards set in 1997 as well as 2003 will be okay with OSHA.  That’s because these hard hats will meet the new design criteria set out by the new OSHA rule.

1. Did Roche Fail to Let Anyone Know About Side Effects From Its Products – Even Though People Are Dying After Taking Roche Meds? Yes.

Roche is a Big Pharma drug manufacturer based in Switzerland that has the European Medicines Agency (EMA) on the hunt after it was discovered that Roche didn’t report problems with several of its products and those drugs are now apparently connected to over 15000 deaths. Seems that Great Britain’s version of the FDA (the UK Medicines Regulatory Agency) found out that there were around 80,000 adverse event reports for Roche drugs used in the United States that no one had bothered to tell the European regulatory agencies about. Surprise, surprise.

2. Has the Maker of Diabetes Drug Bydureon aka Byetta (Amylin Pharmaceuticals) Hidden the Risks of Heart Problems? Yes.

FDA documents are showing up in the news media now that given the definite idea that drug maker Amylin Pharmaceuticals was shoving information under the rug that its trendy diabetes drug Byetta, aka Bydureon or enexatide.… and that this kept the Food and Drug Administration from giving approval of the new diabetes drug because the information involved risks of heart problems associated with Amylin’s new product Bydureon.  Trendy thing about this new product:  diabetes sufferers only have to take the drug once a week.  How handy, right?  Amylin has a popular, convenient diabetes drug to sell … troublesome that there are heart problems associated with it, right?

The FDA has okayed Bydureon to be sold to diabetes patients in the United States: read the FDA approval memo here.

However, it is right there in this approval memo that Amylin did indeed hide some negative information about its drug, and by negative we mean risky to the human heart.  The FDA found out about the risks not from Amylin, but from Health Canada.   Now, stock market analysis are wondering about what’s going on here, since Amylin is looking for a Big Pharma monster company to buy it out.

Seems like lots of doctors and patients might be wondering about the wisdom of using Bydureon, too ….

Once again, news stories remind us all that drugs are not charitable, altruistic gifts given to patients by good-hearted, non-profit organizations.  No.  Drugs are products made by companies – some of the biggest corporations in the world, in fact – and they make and sell these products for profit.

Drug companies make more money than almost any other industry in the world.  Go here for details.

So, when you or a loved one gets a prescription for a doctor or buys a medicine over the counter at the store, remember: it’s not immune to being unsafe.  That product may be flawed.  That product might harm or kill.

Don’t be naive about drugs.  Trust your instincts and if you think something isn’t right about your medication, call your doctor and check into the drug itself.  No one is going to call you on the phone to warn you about these Big Drug Companies doing bad things for money.

Right now, Congress has a big transportation spending bill under debate, and part of that big bill is a proposed law that would require U.S. commercial trucks (big rigs, semis, tractor trailers, 18 wheelers) to have electronic data recorders – which you and I know as “black boxes” – attached to them, the same kind of black box that is now required to be part of all commercial aircraft.

The argument is that it is only with a black box that commercial truckers can be effectively monitored to insure that they keep to the current federal HOS (hours of service) rules. Those in favor of Big Rig Black Boxes (like the American Trucking Association) argue that right now, truckers just log their HOS on paper journals and that’s just offering too much temptation to fudge on their reports. (Read the letter of support by the president of Advocates for Highway and Auto Safety to the New York Times here.)

The OOIDA (Owner-Operator Independent Driver Association) does not agree. Its argument: all the black box can do is track whether or not the truck is moving. A truck driver can still be on duty even if those wheels aren’t turning, so it’s not going to give an accurate reading on service time.

Another argument against the proposed new federal law: black boxes will work to force truckers to bend to company pressure to keep driving when they need a break. The big trucking firms are interested in maximizing profit and that comes from having cargo moved as fast as possible. Black boxes will be a tool to push for those big rigs to be moving on the roads, not a tool to help tired and weary truck drivers out on the roads.

Additionally, individual truck drivers see the Black Box as an invasion of privacy, as explained by one trucker in a New Jersey TV interview (read it here). For many truckers, the idea that a machine will be installed on their trucks because the Powers that Be don’t trust them to be professional and accurate in doing their jobs is insulting.

Will black boxes be a part of the commercial trucking industry soon (at the cost of $500/recorder)? Stay tuned.

Hospitals can be legally responsible for serious injuries and wrongful death, just as doctors or nursing homes or labs or other health care providers can be. When an employee of the hospital hurts a patient by treating or dealing with that patient in a negligent way, then the hospital itself can be held legally responsible under state law. This includes doctors, nurses, technicians, and even paramedics, as well as other hospital staff.

And hospital malpractice – where patients are hurt while they are already sick or injured seriously enough to require hospital care – happens all the time. You and your loved ones need to be aware of this sad American reality.

Consider the following events that are currently making the national news as examples or warnings to us all:

1. Baby Dies After Delivery.

This month, a mother filed a Illinois wrongful death lawsuit against two Northshore University HealthSystem hospital doctors along with one of their nurses because of her baby daughter Emma’s tragic death. According to the Cook County Circuit Court records, Bianca Hernandez is asserting that medical malpractice during the delivery of her baby daughter at the hospital caused her baby to die.

2. Hepatitis C Outbreak After Syringe Re-used.

In Massachusetts, a hospital is being sued for malpractice and the state attorney general is investigating criminal action after a hepatitis C outbreak happened at Exeter Hospital. Twenty people have been reported to suffer from hepatitis C since the public health investigation began last month, and right now it’s being suggested that the reason all these people now have this serious, life-threatening disease that attacks the liver is because someone at the hospital used a syringe meant for one person on other people (re-used it).

3. Patient Falls Off Table After Surgery.

In Connecticut, an elderly woman is suing her hospital for damages after she sustained serious injuries from a fall off the operating table just after she had had surgery. The 81-year-old patient is suing Yale-New Haven Hospital for fractures to her hip and collarbone and a traumatic brain injury where she bled under her skull – in addition to other injuries – after her surgery to implant a pacemaker.

4. Record-Making Jury Verdict After Series of Errors Results in Permanent Brain Damage.

In New York last month, a jury came back with a verdict of $120,000,000 in a lawsuit filed by a daughter on behalf of her incapacitated mother after her mom suffered permanent brain damage after a series of visits to two hospitals, Kings County Hospital in Brooklyn and Jacobi Medical Center in the Bronx. It is the largest medical malpractice verdict in New York and in addition to the two hospitals, Brookdale University Hospital and Medical Center, and one of Brookdale’s neurologists have also been included in the liability determination by the jury. It seems that over a period of several weeks but less than one month’s time, the victim not only suffered from a mishandling of her meds, but she didn’t get treatments that were needed and providers didn’t respond quickly to crises that she experienced.

Football concussions and head injuries in children are finally beginning to get the consideration that we’ve been arguing is needed for awhile now. Recently, for example, famed NFL football player and Hall of Fame quarterback Terry Bradshaw went on the Tonight Show and told host Jay Leno that if he had a son, Bradshaw wouldn’t let the boy play football because it’s too dangerous: the risk of head injuries is too high.

Children Playing Football: USA’s Biggest Youth Football Organization Changes Rules Now Because of Head Injury Risk

If you are a parent, you’ve heard of Pop Warner Football. It’s the country’s biggest organization for kids who want to play football. Well, this month Pop Warner Football just changed its rules for how Pop Warner games will be played and how practices will be held.

• Effective 2012, 75% of the football team practice time must be on NON-CONTACT activities. Why? To reduce the risk of head injury.
• Effective 2012, no full-speed head-on drills (blocking or tackling) will be allowed where the players are lined up more than 3 yards apart. Why? To reduce the risk of head injury and concussion.

You can read the new Pop Warner rules here:

No full speed head-on blocking or tackling drills in which the players line up more than 3 yards apart are permitted. (Having two linemen in stances immediately across the line of scrimmage from each other and having full-speed drills where the players approach each other at an angle, but not straight ahead in to each other are both permitted.)
However, there should be no intentional head-to-head contact!

The amount of contact at each practice will be reduced to a maximum of 1/3 of practice time (either 40 minutes total of each practice or 1/3 of total weekly practice time). In this context, “contact” means any drill or scrimmage in which drills; down line vs. down line full-speed drills; and scrimmages.

In addition to the above, we would also like to reiterate the technique portion of Rule 14 of the Pop Warner National Rule Book, 11-Man Tackle Football, regarding teaching safe blocking and tackling techniques which states:

RULE 14: BLOCKING AND TACKLING
RESTRICTIONS

In addition to other specific prohibitions in the National Federation and NCAA rulebooks, no butt blocking, chop blocking, face tackling or spearing techniques shall be permitted.

Furthermore, we will be implementing a new Health & Safety section on popwarner.com in conjunction with the re-launch of our national website to keep our members abreast of current issues in concussion awareness and other health and safety matters. We hope that this resource will become a valuable tool for our teams.

Football Head Injury / Concussion Lawsuit Against NFL Continues to Explode

While parents are considering the Pop Warner rule changes and deciding if this is sufficient for them to allow their child to play football or if they will opt for the choice that Terry Bradshaw says he would make, consider this. The lawsuit filed by former pro football players and sadly, their survivors in some situations, against the NFL is intensifying.

Forbes reports that as of this past Tuesday, less than a year after the first pleading was filed, there are now 89 lawsuits with over 2,400 former NFL footlball players named as plaintiffs who have suffered traumatic brain injuries as a result of playing pro football. They are suing the NFL, NFL Properties (the merchandising and licensing arm of the NFL), and Riddell (the NFL helmet manufacturer). Forbes also provides a copy of the “Master Complaint” pleading online for your review.

One of the biggest questions in the NFL suit: was the NFL aware that head injuries and concussions were likely and that in some cases, they would severely injure or kill an NFL player? If so, then the lawsuit gets big. Think tobacco litigation big because intent becomes an issue and a similar amount of money is involved. Think that’s silly? Read this article in Niners Nation and think again.

The biggest insurance companies in the country may have been cheating on the numbers, and injury victims may have been getting much less than what they are entitled to get under the language of their insurance policy contract. That’s according to a new expose from a consumer watchdog report, in a report issued last week.

If so, that is bad faith insurance abuse across the board.  That’s against state law —intentional bad faith by an insurance company is the basis of a cause of action by the injured person against the insurance company.  Expect the plaintiffs’ lawsuits to start being filed. Soon.

What is happening?  The Consumer Federation of America (CFA) warns that computerized systems for processing insurance claims’ by the nation’s largest insurance carriers can be “easily adjusted to make broad-scale “lowball” claims’ payments….”  Imagine that.  The entire report is available for download here.

From the CRA news release:

“This report is a wake-up call for consumers and regulators who are not aware of the many ways that computer claims’ software can be manipulated to produce unjustifiably low injury payments to consumers and tens of millions of dollars in illegitimate ‘savings’ for insurers,” said Mark Romano, CFA’s Claims Project Director. Romano was the “subject matter expert” on the Colossus injury claims’ evaluation system at Allstate and Encompass insurance companies for almost ten years. Colossus, which is the dominant claims’ system in the marketplace, is sold by Computer Sciences Corporation (CSC).

“When CSC and its competitors talk publicly about computer-based claims’ systems, they stress that the programs allow insurers to more consistently evaluate bodily injury claims,” said Romano. “Consistency is a legitimate goal, but these companies tell a different story behind closed doors. Software marketing representatives acknowledge that the real reason insurance companies are willing to invest millions in these systems is that they can dial down claims’ payments to thousands of consumers at a time, regardless of whether these payouts are fair.”

The report, “Low Ball: An Insider’s Look at How Insurers Can Manipulate Computerized Systems to Broadly Underpay Injury Claims”, details the history of the use of Colossus and similar software products by insurance companies. It provides considerable information about how these programs are set up, “tuned” to reach particular claims’ payment monetary goals and adjusted over time. The report also identifies specific techniques that insurers can use to directly and indirectly produce “lowball” claims:

• Directly reduce payments by a predetermined amount across-the-board, without determining whether this will lead to unjustifiably low payments for individual claims.
• Selectively remove higher-cost claims from data used to determine the acceptable range of payments for particular injuries. This has the effect of lowering payments for all claims of this type.
• Require insurance adjusters without medical training or credentials to second-guess medical professionals by altering injury determinations, thus dictating lower payments for certain injuries.
• Encourage adjusters to downplay or even ignore the likelihood that injured consumers will need future medical treatment or will be permanently impaired, thus lowering payouts.
• Encourage adjusters to determine that drivers are partly at-fault for the auto accident that injured them, even when they may not be.

“Many of the concerns about Colossus and similar programs have focused on the potential for insurers to manipulate these systems directly in order to reduce claims’ payouts,” said Romano. “But insurers can also use many techniques to unjustifiably lower payments in a more subtle manner, by putting biased or incomplete information into the system.”

The report includes excerpts from recently released court records in a major class action lawsuit, Hensley v. Computer Sciences Corporation, that reveal disturbing information about how Colossus and similar products are marketed to and used by insurance companies:

• Insurers could adjust Colossus to produce virtually any claims’ payment reduction they wanted, whether or not it was justified. One CSC executive told the court that Colossus could be “tuned” to potentially achieve a particular level of savings, such as 15 percent, for all claims.
• CSC claimed insurers could produce huge reductions in claims’ payouts, which insurers achieved in many cases. A CSC executive told the court that Colossus achieved savings of around 19 percent on overall claims payouts for some its insurer clients. Meanwhile, CSC’s competitors, like the Insurance Services Office (ISO) claimed that they could maintain even higher savings over time.
• CSC misled regulators about the purpose of Colossus, claiming that main function of the product was to achieve consistent payouts rather than enormous claims’ “savings,” which might be illegitimate.

Those big rig semi trucks that fill our roadways here in Indiana and Illinois, particularly, are known to be dangerous for others on the road.  The 18 wheelers are heavy, especially when they are hauling a full cargo load, and other vehicles on the road — sedans, SUVs, motorcycles, other trucks, vans — are wise to respect the power of these monsters.  Blog posts here have covered numerous events involving deaths and serious injuries happening to all sorts of people who have had accidents involving semi trucks. Big rig 18 wheeler crashes often mean fatalities will happen.

The Dangers of Driving Big Rigs: It’s More Than Accidents and Wrecks

However, there is more to consider about these big rig semi trucks.  Those truck drivers work long, hard hours to bring home the bacon to their families, and it’s often a thankless and lonely work: did you hear about the story of the truck driver’s dog who waited for his owner to return and get him at the truck stop … for two days?  It’s a tossup who was happier: that trucker or that pup.

Just this week in the national news there are stories that give great examples of how dangerous driving a semi truck on American roads can be these days.  Consider these:

1. In California, Alexander Bell was killed last month when he tried to stop a thief who was stealing gas out of his semi big rig truck’s gas tank.  There was a scuffle, the evildoer took off driving a nearby semi truck with its driver, Mr. Bell, hanging on … sadly, the driver fell and his truck, driven by the thief, ran him over.  A tribute web site has been set up to help his family with financial needs.  Reportedly, the Stockton Police Department is pursuing this tragedy as a homicide.
2. In Florida, Angel Aleman was driving his tractor trailer big rig along a highway near Jacksonville, Interstate 95, in the early hours of the morning (3:40 am) when a hammer crashed through his windshield. He was not hurt.  The Florida Highway Patrol was on the scene, and a man has been arrested and at last report, was being held in the Duval County Jail.  No one knows why he decided to risk the trucker’s live and others on the road by throwing the hammer at the moving big rig.
3. In Virginia, a truck driver died in a crash that was caused by a tire going through the windshield of his tractor trailer truck as he was driving along Interstate 81.  This happened a little after eight in the morning this past Monday.  The trucker, Laurence Mitchell Dean,  lost control of the big rig as the tire slammed into the windshield and the moving truck crashed into the highway guard rail.  The truck driver was killed, pronounced dead at the scene of the accident. The tire, and its wheel, had come off a horse trailer attached to a pickup truck moving in the opposite direction.  The horse trailer/pickup truck driver has been charged with operating defective equipment.
4. In the New England Journal of Medicine this month, an article appears with a shocking photograph of the effects of UV rays to a truck driver’s face after a career of driving trucks for over 28 years.  The sun exposure from the big rig cab’s window on the left side of the trucker’s face causes significant damage to the skin and increases the risk of cancer and melanoma.

There is a new research study just released by Dr. Michael Wolf and others of Chicago’s Northwestern University that reports many American adults are innocently overdosing on the popular (and inexpensive) over the counter pain medication acetaminophen (see the list of brand names for this pain pill below: Tylenol, Anacin, etc.).  You can read the study in the latest issue of the Journal of General Internal Medicine.

What happens when you overdose on acetaminophen?  Liver damage. In fact, acetaminophen overdose is the leading cause of acute liver faliure in this country today. 

From the Mayo Clinic:

Acetaminophen overdose. Taking too much acetaminophen (Tylenol, others) is the most common cause of acute liver failure in the United States. Acute liver failure can occur if you take a very large dose of acetaminophen all at once, or it can occur if you take higher-than-recommended doses every day for several days, especially in people with chronic liver disease.

Acute liver failure occurs when your liver rapidly loses its ability to function. More commonly, liver failure develops slowly over the course of years. But in acute liver failure, liver failure develops in a matter of days.

Acute liver failure can cause many complications, including excessive bleeding and increasing pressure in the brain. Another term for acute liver failure is fulminant hepatic failure.

Acute liver failure is a medical emergency that requires hospitalization. Some causes of acute liver failure can be reversed with treatment. But in other situations, a liver transplant may be the only cure for acute liver failure.

Researchers Consider This to be Serious Public Health Threat Requiring Urgent Attention

There are literally hundreds of drugs on the shelves of your local grocery store or super store or drug store that contain acetaminophen. According to the new study out of Northwestern, lots of Americans do not realize that they’re taking too much of this drug until they’ve already harmed their liver — or their child’s liver. From the study:

“Our findings suggest that many consumers do not recognize or differentiate the active ingredient in OTC pain medicines, nor do they necessarily closely adhere to package or label instructions. Given the prevalence of the problem, risk of significant adverse effects, and lack of a learned intermediary i.e. a physician to guide decision making and counsel consumers on proper use, we believe this to be a serious public health threat requiring urgent attention.”

Symptoms of Liver Failure

Are you or a loved one experiencing liver failure from an over the counter medication that contains acetaminophen?  If so, you need to get medical attention as soon as possible and you may want to contact a products liability attorney or medical malpractice lawyer to discuss possible legal remedies, as well.  Hospitals are among those that are reportedly giving out too much acetaminophen these days.

From the Mayo Clinic, signs and symptoms of acute liver failure may include:

• A yellowing of your skin and eyeballs (jaundice)
• Pain in the upper right area of your abdomen
• Nausea
• Vomiting
• A general sense of not feeling well
• Difficulty concentrating
• Disorientation or confusion
• Sleepiness

Know All the Products That Contain Acetaminophen.  There Are Lots of Them.

The most common name for acetaminophen is Tylenol, but there’s also OTC meds like Anacin, Sudafed, Alka-Seltzer, and many more that use this drug to fight pain. Here is the complete list as provided by the U.S. National Library of Medicine:

Brand names

Acephen

Aceta

Acetadrink

Actamin

Adprin B

Anacin AF

Anacin-3 Maximum Strength

Apacet

Apara

Apra

BF-Paradac

Bactimicina

Bromo Seltzer

Comtrex Sore Throat Relief

Conacetol

CounterAct Pain

Dolono

Dolono Infant

Ed-APAP

Elixsure Fever/Pain

Feverall

Genapap

Genapap Extra Strength

Genebs

Gericet

Halenol

Infantaire

Liquiprin

Little Fevers

Lopap brand of acetaminophen

Mapap

Mapap Junior Strength

Mardol

Masophen

Meda Cap

Mejoralito

Neopap Supprettes

Nortemp

Pain-Eze

Panadol

Panex

Panex 500

Paramol

Pediacare Children’s Fever Reducer Pain Reliever

Pediacare Infant Fever Reducer

Pediapap

Q-Nol

Redutemp

Ridenol

Ringl

Rx-Act Pain Relief

S-T Febrol

Silapap

St. Joseph Aspirin-Free

T-Painol

T-Painol Extra Strength

T-Panol

Tactinal

Tempra

Tempra 1

Tempra 2

Tempra 3

Tempra Quicklets

Triaminic Fever & Pain

Triaminic Infant Drops Reformulated Nov 2010

Tycolene

Tylenol

Tylophen

Uni-Ace

Uni-Ace Child

Uniserts

Vitapap

XL-DOL

XS No Aspirin PR

XS Pain Reliever

Brand names of combination products

666 Cold Preparation (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Aceta-Gesic (containing Acetaminophen and phenyltoloxamine)

Acetadryl (containing Acetaminophen and Diphenhydramine)

Actifed Cold & Sinus (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Actifed Plus (containing Acetaminophen, Pseudoephedrine, and Triprolidine)

Acuflex (containing Acetaminophen and phenyltoloxamine)

Alagesic (containing Acetaminophen, Caffeine, and butalbital)

Ali Flex (containing Acetaminophen and phenyltoloxamine)

Alidrin (containing Acetaminophen, dichloralphenazone, and isometheptene)

Alka-Seltzer Cold and Sinus (containing Acetaminophen and Pseudoephedrine)

Alka-Seltzer Plus Cold Formula (containing Acetaminophen, Chlorpheniramine, and Phenylephrine)

Alka-Seltzer Plus Cold Liquigel (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Alka-Seltzer Plus Cold and Sinus (containing Acetaminophen and Phenylephrine)

Alka-Seltzer Plus Cough and Cold Liquigel Reformulated Aug 2011 (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Phenylephrine)

Alka-Seltzer Plus Flu Liquigels (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Alka-Seltzer Plus Flu Reformulated Jan 2011 (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Phenylephrine)

Alka-Seltzer Plus Night Time Cold Liquigel (containing Acetaminophen, Dextromethorphan, Doxylamine, and Pseudoephedrine)

Alka-Seltzer Plus Night Time Reformulated Dec 2006 (containing Acetaminophen, Dextromethorphan, Doxylamine, and Phenylephrine)

Alka-Seltzer Plus Severe Sinus Congestion and Cough (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Allay (containing Acetaminophen and Hydrocodone)

Allerest Headache Strength (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Allerest No Drowsiness (containing Acetaminophen and Pseudoephedrine)

Allerest Sinus (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Alpain (containing Acetaminophen and phenyltoloxamine)

Alumadrine (containing Acetaminophen, Chlorpheniramine, and Phenylpropanolamine)

Americet (containing Acetaminophen, Caffeine, and butalbital)

Amidrine (containing Acetaminophen, dichloralphenazone, and isometheptene)

Anabar (containing Acetaminophen, phenyltoloxamine, and salicylamide)

Anacin Advanced Headache Formula (containing Acetaminophen, Aspirin, and Caffeine)

Anacin PM Aspirin Free (containing Acetaminophen and Diphenhydramine)

Anatuss (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Phenylpropanolamine)

Anexsia (containing Acetaminophen and Hydrocodone)

Anexsia 10/660 (containing Acetaminophen and Hydrocodone)

Anexsia 5/325 (containing Acetaminophen and Hydrocodone)

Anexsia 5/500 (containing Acetaminophen and Hydrocodone)

Anexsia 7.5/325 (containing Acetaminophen and Hydrocodone)

Anexsia 7.5/650 (containing Acetaminophen and Hydrocodone)

Anolor 300 (containing Acetaminophen, Caffeine, and butalbital)

Anolor DH5 (containing Acetaminophen and Hydrocodone)

Anoquan (containing Acetaminophen, Caffeine, and butalbital)

Apagesic (containing Acetaminophen and phenyltoloxamine)

Apapgesic (containing Acetaminophen and phenyltoloxamine)

Arcet (containing Acetaminophen, Caffeine, and butalbital)

Arthriten (containing Acetaminophen, Caffeine, and Magnesium Salicylate)

Axocet (containing Acetaminophen and butalbital)

BP Poly-650 (containing Acetaminophen and phenyltoloxamine)

Backprin (containing Acetaminophen, Caffeine, and Magnesium Salicylate)

Balacet (containing Acetaminophen and Propoxyphene)

Bancap HC (containing Acetaminophen and Hydrocodone)

Bayer Select (containing Acetaminophen and Caffeine)

Bayer Select Decongestant (containing Acetaminophen and Pseudoephedrine)

Bayer Select Night Time Pain (containing Acetaminophen and Diphenhydramine)

Benadryl Allergy Cold (containing Acetaminophen, Diphenhydramine, and Pseudoephedrine)

Benadryl Allergy Cold Reformulated June 2007 (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Benadryl Severe Allergy Sinus Headache Reformulated Jun 2007 (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Bromaline Plus (containing Acetaminophen, Brompheniramine, and Phenylpropanolamine)

Bucet (containing Acetaminophen and butalbital)

Bupap (containing Acetaminophen and butalbital)

Butex Forte (containing Acetaminophen and butalbital)

By Ache (containing Acetaminophen, phenyltoloxamine, and salicylamide)

Cafgesic (containing Acetaminophen, Caffeine, phenyltoloxamine, and salicylamide)

Cafgesic Forte (containing Acetaminophen, Caffeine, phenyltoloxamine, and salicylamide)

Capacet (containing Acetaminophen, Caffeine, and butalbital)

Capital and Codeine (containing Acetaminophen and Codeine)

Cephadyn (containing Acetaminophen and butalbital)

Ceta Plus (containing Acetaminophen and Hydrocodone)

Cetazone (containing Acetaminophen, phenyltoloxamine, and salicylamide)

Child Tylenol Cold Multi-Symptom Plus Cough (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Children’s Mucinex Multi-Symptom Cold and Fever (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Phenylephrine)

Childrens Tylenol Allergy-D (containing Acetaminophen, Diphenhydramine, and Pseudoephedrine)

Childrens Tylenol Cold (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Childrens Tylenol Cold Multi-Symptom (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Childrens Tylenol Cold Plus Cough (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Childrens Tylenol Flu (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Childrens Tylenol Plus Cold & Allergy (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Chlor-Trimeton Sinus (containing Acetaminophen, Chlorpheniramine, and Phenylpropanolamine)

Co-Apap (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Co-Gesic (containing Acetaminophen and Hydrocodone)

Cocet 650/30 (containing Acetaminophen and Codeine)

Cocet 650/60 (containing Acetaminophen and Codeine)

Codimal (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Codrix 500/15 (containing Acetaminophen and Codeine)

Codrix 500/30 (containing Acetaminophen and Codeine)

Codrix 500/60 (containing Acetaminophen and Codeine)

Coldonyl (containing Acetaminophen, Guaifenesin, and Phenylephrine)

Colrex (containing Acetaminophen, Chlorpheniramine, Codeine, and Phenylephrine)

Combiflex (containing Acetaminophen, Caffeine, phenyltoloxamine, and salicylamide)

Combiflex ES (containing Acetaminophen, Codeine, Magnesium Salicylate, and phenyltoloxamine)

Comtrex Allergy Sinus (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Comtrex Cold and Cough Nighttime (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Phenylephrine)

Comtrex Cold and Cough Non Drowsy (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Comtrex Cold and Flu Maximum Strength (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Phenylpropanolamine)

Comtrex Cold and Flu Maximum Strength Liquid (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Comtrex Cold and Flu Maximum Strength Reformulated Aug 2006 (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Comtrex Deep Chest Cold Non Drowsy (containing Acetaminophen and Guaifenesin)

Comtrex Maximum Strength Cold Relief (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Phenylpropanolamine)

Comtrex NT (containing Acetaminophen, Dextromethorphan, Doxylamine, and Pseudoephedrine)

Comtrex Non Drowsy Liquigel (containing Acetaminophen, Dextromethorphan, and Phenylpropanolamine)

Comtrex Non-Drowsy (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Congespirin (containing Acetaminophen and Phenylephrine)

Congestant D (containing Acetaminophen, Chlorpheniramine, and Phenylpropanolamine)

Contac Cold and Flu Maximum Strength (containing Acetaminophen, Chlorpheniramine, and Phenylephrine)

Contac Cold and Flu Non Drowsy Maximum Strength (containing Acetaminophen and Phenylephrine)

Contac Day and Night Allergy Sinus (containing Acetaminophen, Dextromethorphan, Diphenhydramine, and Pseudoephedrine)

Contac Severe Cold and Flu Maximum Stength (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Phenylpropanolamine)

Contac Severe Cold and Flu Non Drowsy (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Contac Sinus (containing Acetaminophen and Pseudoephedrine)

Contragesic (containing Acetaminophen and phenyltoloxamine)

Coricidin (containing Acetaminophen and Chlorpheniramine)

Coricidin D (containing Acetaminophen, Chlorpheniramine, and Phenylpropanolamine)

Coricidin D Cold (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Coricidin HBP Flu Maximum Strength (containing Acetaminophen, Chlorpheniramine, and Dextromethorphan)

Coricidin HBP Nighttime Multi-Symptom Cold (containing Acetaminophen, Dextromethorphan, and Doxylamine)

Coricidin Night Time Cold Relief (containing Acetaminophen and Diphenhydramine)

Cotabflu (containing Acetaminophen, Chlorpheniramine, and Codeine)

Counteract Day (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Phenylephrine)

Counteract Night (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Counteract PM (containing Acetaminophen and Diphenhydramine)

Covangesic (containing Acetaminophen, Chlorpheniramine, Phenylephrine, Phenylpropanolamine, and Pyrilamine)

Darvocet A500 (containing Acetaminophen and Propoxyphene)

Darvocet-N (containing Acetaminophen and Propoxyphene)

DayQuil Sinex (containing Acetaminophen and Phenylephrine)

Dayquil (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Dayquil Cold & Flu (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Dayquil Liquicaps Reformulated Apr 2009 (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Dayquil Non-Drowsy (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Dayquil Sinus (containing Acetaminophen and Pseudoephedrine)

Delsym Adult Night Time Multi-Symptom (containing Acetaminophen, Dextromethorphan, Doxylamine, and Phenylephrine)

Delsym Night Time Multi-Symptom (containing Acetaminophen, Dextromethorphan, and Doxylamine)

Diabetic Tussin Night Time Formula (containing Acetaminophen, Dextromethorphan, and Diphenhydramine)

Dimetapp Allergy Sinus (containing Acetaminophen, Brompheniramine, and Phenylpropanolamine)

Dimetapp Cold and Fever (containing Acetaminophen, Brompheniramine, and Pseudoephedrine)

Dimetapp Cold and Flu (containing Acetaminophen, Brompheniramine, and Phenylpropanolamine)

Dimetapp Nighttime Flu Reformulated Sep 2007 (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Phenylephrine)

Dolacet (containing Acetaminophen and Hydrocodone)

Dolagesic (containing Acetaminophen and Hydrocodone)

Dolgic (containing Acetaminophen and butalbital)

Dolgic LQ (containing Acetaminophen, Caffeine, and butalbital)

Dolgic Plus (containing Acetaminophen, Caffeine, and butalbital)

Dolmar (containing Acetaminophen, Caffeine, and butalbital)

Dologen (containing Acetaminophen and dexbrompheniramine)

Dologesic (containing Acetaminophen and phenyltoloxamine)

Dolorex Forte (containing Acetaminophen and Hydrocodone)

Dolorex brand of acetaminophen-phenyltoloxamine (containing Acetaminophen and phenyltoloxamine)

Dristan Cold (containing Acetaminophen and Pseudoephedrine)

Dristan Cold Maximum Strength (containing Acetaminophen, Brompheniramine, and Pseudoephedrine)

Dristan Cold Multi Symptom (containing Acetaminophen, Chlorpheniramine, and Phenylephrine)

Drixoral Cough/Sore Throat (containing Acetaminophen and Dextromethorphan)

Drixoral Sinus (containing Acetaminophen, Pseudoephedrine, and dexbrompheniramine)

Duadacin (containing Acetaminophen, Chlorpheniramine, and Phenylpropanolamine)

DuoCet (containing Acetaminophen and Hydrocodone)

Duogesic (containing Acetaminophen and phenyltoloxamine)

Durabac (containing Acetaminophen, Caffeine, phenyltoloxamine, and salicylamide)

Durabac Forte (containing Acetaminophen, Caffeine, Magnesium Salicylate, and phenyltoloxamine)

Duradrin (containing Acetaminophen, dichloralphenazone, and isometheptene)

Duraflu (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Pseudoephedrine)

Duratuss A (containing Acetaminophen, Guaifenesin, and Phenylephrine)

Duraxin (containing Acetaminophen, phenyltoloxamine, and salicylamide)

EX-Pain Sleep (containing Acetaminophen and Diphenhydramine)

EZ III (containing Acetaminophen and Codeine)

Ed Flex (containing Acetaminophen, phenyltoloxamine, and salicylamide)

Emagrin Forte (containing Acetaminophen, Caffeine, Guaifenesin, and Phenylephrine)

Endocet 10/325 (containing Acetaminophen and Oxycodone)

Endocet 10/650 (containing Acetaminophen and Oxycodone)

Endocet 5/325 (containing Acetaminophen and Oxycodone)

Endocet 7.5/325 (containing Acetaminophen and Oxycodone)

Endocet 7.5/500 (containing Acetaminophen and Oxycodone)

Endolor (containing Acetaminophen, Caffeine, and butalbital)

Epidrin (containing Acetaminophen, dichloralphenazone, and isometheptene)

Esgic (containing Acetaminophen, Caffeine, and butalbital)

Esgic-Plus (containing Acetaminophen, Caffeine, and butalbital)

Ex-Pain (containing Acetaminophen, Aspirin, and Caffeine)

Excedrin (containing Acetaminophen, Aspirin, and Caffeine)

Excedrin Aspirin Free (containing Acetaminophen and Caffeine)

Excedrin Back & Body (containing Acetaminophen and Aspirin)

Excedrin PM (containing Acetaminophen and Diphenhydramine)

Excedrin Quick Tab (containing Acetaminophen and Caffeine)

Excedrin Sinus (containing Acetaminophen and Pseudoephedrine)

Excedrin Sinus Headache (containing Acetaminophen and Phenylephrine)

Excedrin Tension Headache (containing Acetaminophen and Caffeine)

Ezol (containing Acetaminophen, Caffeine, and butalbital)

Femcet (containing Acetaminophen, Caffeine, and butalbital)

Fioricet (containing Acetaminophen, Caffeine, and butalbital)

Fioricet with Codeine (containing Acetaminophen, Caffeine, Codeine, and butalbital)

Fiorpap (containing Acetaminophen, Caffeine, and butalbital)

Flextra (containing Acetaminophen and phenyltoloxamine)

Flextra DS (containing Acetaminophen and phenyltoloxamine)

Flextra Plus (containing Acetaminophen, Caffeine, and phenyltoloxamine)

Flutabs (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Pseudoephedrine)

Frenadol (containing Acetaminophen and salicylamide)

G-1 (containing Acetaminophen, Caffeine, and butalbital)

Gelpirin-CCF (containing Acetaminophen, Chlorpheniramine, Guaifenesin, and Phenylpropanolamine)

Genace brand of acetaminophen/aspirin/caffeine (containing Acetaminophen, Aspirin, and Caffeine)

Genacol (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Phenylpropanolamine)

Genacol Maximum Strength (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Genapap C (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Genapap PM (containing Acetaminophen and Diphenhydramine)

Genapap Sinus (containing Acetaminophen and Pseudoephedrine)

Genasec (containing Acetaminophen and phenyltoloxamine)

Geone (containing Acetaminophen, Caffeine, and butalbital)

Goody’s Cool Orange Extra Strength (containing Acetaminophen, Aspirin, and Caffeine)

Hy-Phen (containing Acetaminophen and Hydrocodone)

Hycet (containing Acetaminophen and Hydrocodone)

Hyco-pap (containing Acetaminophen and Hydrocodone)

Hycomed (containing Acetaminophen and Hydrocodone)

Hycomine Compound (containing Acetaminophen, Caffeine, Chlorpheniramine, Hydrocodone, and Phenylephrine)

Hydrocet (containing Acetaminophen and Hydrocodone)

Hydrogesic (containing Acetaminophen and Hydrocodone)

Hyflex (containing Acetaminophen and phenyltoloxamine)

Hyflex DS (containing Acetaminophen and phenyltoloxamine)

I.D.A. (containing Acetaminophen, dichloralphenazone, and isometheptene)

Ide-cet (containing Acetaminophen, Caffeine, and butalbital)

Iso-Acetazone (containing Acetaminophen, dichloralphenazone, and isometheptene)

Isocet (containing Acetaminophen, Caffeine, and butalbital)

Isocom (containing Acetaminophen, dichloralphenazone, and isometheptene)

Kolephrin (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Kolephrin DM (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Lagesic (containing Acetaminophen and phenyltoloxamine)

Leg Ease (containing Acetaminophen and Diphenhydramine)

Legatrin PM (containing Acetaminophen and Diphenhydramine)

Levacet (containing Acetaminophen, Aspirin, Caffeine, and salicylamide)

Liquicet (containing Acetaminophen and Hydrocodone)

Little Colds (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Lobac (containing Acetaminophen, phenyltoloxamine, and salicylamide)

Lorcet 10/650 (containing Acetaminophen and Hydrocodone)

Lorcet HD (containing Acetaminophen and Hydrocodone)

Lorcet Plus (containing Acetaminophen and Hydrocodone)

Lorsin (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Lortab 10/500 (containing Acetaminophen and Hydrocodone)

Lortab 2.5/500 (containing Acetaminophen and Hydrocodone)

Lortab 5/500 (containing Acetaminophen and Hydrocodone)

Lortab 7.5/500 (containing Acetaminophen and Hydrocodone)

Lurline PMS (containing Acetaminophen, Vitamin B6, and pamabrom)

Lusonex Plus (containing Acetaminophen, Guaifenesin, and Phenylephrine)

Lynox 10/300 (containing Acetaminophen and Oxycodone)

Lynox 2.5/300 (containing Acetaminophen and Oxycodone)

Lynox 5/300 (containing Acetaminophen and Oxycodone)

Lynox 7.5/300 (containing Acetaminophen and Oxycodone)

Magnacet 10/400 (containing Acetaminophen and Oxycodone)

Magnacet 2.5/400 (containing Acetaminophen and Oxycodone)

Magnacet 5/400 (containing Acetaminophen and Oxycodone)

Magnacet 7.5/400 (containing Acetaminophen and Oxycodone)

Major-gesic (containing Acetaminophen and phenyltoloxamine)

Mapap Cold (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Mapap Cold Childrens (containing Acetaminophen, Chlorpheniramine, and Dextromethorphan)

Mapap Cold Formula (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Mapap PM (containing Acetaminophen and Diphenhydramine)

Mapap Sinus (containing Acetaminophen and Pseudoephedrine)

Mapap Sinus Congestion and Pain (containing Acetaminophen and Phenylephrine)

Margesic #3 (containing Acetaminophen and Codeine)

Margesic (containing Acetaminophen, Caffeine, and butalbital)

Margesic-H (containing Acetaminophen and Hydrocodone)

Marten-Tab (containing Acetaminophen and butalbital)

Masophen PM (containing Acetaminophen and Diphenhydramine)

Maxidone (containing Acetaminophen and Hydrocodone)

Maxiflu (containing Acetaminophen, Codeine, Guaifenesin, and Pseudoephedrine)

Maxiflu DM (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Pseudoephedrine)

Medigesic (containing Acetaminophen, Caffeine, and butalbital)

Medipain 5 (containing Acetaminophen and Hydrocodone)

Midchlor (containing Acetaminophen, dichloralphenazone, and isometheptene)

Midol Maximum Strength Menstrual (containing Acetaminophen, Caffeine, and Pyrilamine)

Midol Maximum Strength Teen Formula (containing Acetaminophen and pamabrom)

Midol PM Reformulated Apr 2011 (containing Acetaminophen and Diphenhydramine)

Midol PMS Maximum Strength (containing Acetaminophen, Pyrilamine, and pamabrom)

Midol Teen (containing Acetaminophen and pamabrom)

Midrin (containing Acetaminophen, dichloralphenazone, and isometheptene)

Migquin (containing Acetaminophen, dichloralphenazone, and isometheptene)

MigraTen (containing Acetaminophen, Caffeine, and isometheptene)

Migralam (containing Acetaminophen, Caffeine, and isometheptene)

Migran-A (containing Acetaminophen, dichloralphenazone, and isometheptene)

Migrapap (containing Acetaminophen, dichloralphenazone, and isometheptene)

Migratine (containing Acetaminophen, dichloralphenazone, and isometheptene)

Migrazone (containing Acetaminophen, dichloralphenazone, and isometheptene)

Migrend (containing Acetaminophen, Caffeine, and isometheptene)

Migrex (containing Acetaminophen, dichloralphenazone, and isometheptene)

Minotal (containing Acetaminophen, Caffeine, and butalbital)

Mitride (containing Acetaminophen, dichloralphenazone, and isometheptene)

Mucinex Fast-Max Cold and Sinus (containing Acetaminophen, Guaifenesin, and Phenylephrine)

Mygracet (containing Acetaminophen, Caffeine, and butalbital)

Mygrex (containing Acetaminophen and Phenylephrine)

Narvox (containing Acetaminophen and Oxycodone)

Nature Fusion Cold & Flu (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Nonbac (containing Acetaminophen, Caffeine, and butalbital)

Norco 10/325 (containing Acetaminophen and Hydrocodone)

Norco 5/325 (containing Acetaminophen and Hydrocodone)

Norco 7.5/325 (containing Acetaminophen and Hydrocodone)

Norel SR (containing Acetaminophen, Chlorpheniramine, Phenylephrine, and phenyltoloxamine)

Novagesic (containing Acetaminophen and phenyltoloxamine)

NyQuil Alchohol Free (containing Acetaminophen, Chlorpheniramine, and Dextromethorphan)

NyQuil Cold/Flu Relief (containing Acetaminophen, Dextromethorphan, and Doxylamine)

NyQuil D (containing Acetaminophen, Dextromethorphan, Doxylamine, and Pseudoephedrine)

NyQuil Sinex (containing Acetaminophen, Doxylamine, and Phenylephrine)

Nyquil Cold & Flu (containing Acetaminophen, Dextromethorphan, and Doxylamine)

Nyquil Cold Medicine (containing Acetaminophen, Dextromethorphan, Doxylamine, and Pseudoephedrine)

Nyquil Multi-Symptom (containing Acetaminophen, Dextromethorphan, Doxylamine, and Pseudoephedrine)

Oncet (containing Acetaminophen and Hydrocodone)

Onetab Cold and Flu (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Onset Forte (containing Acetaminophen, Chlorpheniramine, and Phenylephrine)

Orbivan (containing Acetaminophen, Caffeine, and butalbital)

Orbivan CF (containing Acetaminophen and butalbital)

Ornex (containing Acetaminophen and Pseudoephedrine)

Ornex Maximum Strength (containing Acetaminophen and Pseudoephedrine)

Pacaps (containing Acetaminophen, Caffeine, and butalbital)

Pain-Gesic (containing Acetaminophen and phenyltoloxamine)

Pamprin Cramp Formula (containing Acetaminophen, Magnesium Salicylate, and pamabrom)

Pamprin Max Formula (containing Acetaminophen, Aspirin, and Caffeine)

Pamprin Multi-Symptom (containing Acetaminophen, Pyrilamine, and pamabrom)

Panacet (containing Acetaminophen and Hydrocodone)

Panadol Cold & Flu (containing Acetaminophen, Chlorpheniramine, and Phenylephrine)

Panadol Cold & Flu Non Drowsy (containing Acetaminophen and Phenylephrine)

Panadol Menstrual Relief (containing Acetaminophen and pamabrom)

Panadol PM (containing Acetaminophen and Diphenhydramine)

Panlor (containing Acetaminophen and Hydrocodone)

Panlor DC Reformulated Jan 2008 (containing Acetaminophen, Caffeine, and dihydrocodeine)

Panlor SS (containing Acetaminophen, Caffeine, and dihydrocodeine)

Panritis Forte (containing Acetaminophen and salicylamide)

PediaCare Children’s Plus Cough and Sore Throat (containing Acetaminophen and Dextromethorphan)

Pediacare Children’s Plus Cough and Runny Nose (containing Acetaminophen, Chlorpheniramine, and Dextromethorphan)

Percocet 10/325 (containing Acetaminophen and Oxycodone)

Percocet 10/650 (containing Acetaminophen and Oxycodone)

Percocet 2.5/325 (containing Acetaminophen and Oxycodone)

Percocet 5/325 (containing Acetaminophen and Oxycodone)

Percocet 7.5/325 (containing Acetaminophen and Oxycodone)

Percocet 7.5/500 (containing Acetaminophen and Oxycodone)

Percogesic Reformulated Jan 2011 (containing Acetaminophen and Diphenhydramine)

Perisine (containing Acetaminophen and phenyltoloxamine)

Perloxx 10/300 (containing Acetaminophen and Oxycodone)

Perloxx 2.5/300 (containing Acetaminophen and Oxycodone)

Perloxx 5/300 (containing Acetaminophen and Oxycodone)

Perloxx 7.5/300 (containing Acetaminophen and Oxycodone)

Pharmagesic (containing Acetaminophen, Caffeine, and butalbital)

Phenagesic (containing Acetaminophen and phenyltoloxamine)

Phenapap (containing Acetaminophen and Pseudoephedrine)

Phenapap Sinus Improved (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Phenaphen with Codeine #3 (containing Acetaminophen and Codeine)

Phenaphen with Codeine #4 (containing Acetaminophen and Codeine)

Phenco-Care (containing Acetaminophen and Codeine)

Phenflu CD (containing Acetaminophen, Codeine, Guaifenesin, and Phenylephrine)

Phenflu CDX (containing Acetaminophen, Codeine, Guaifenesin, and Phenylephrine)

Phenflu DM (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Phenylephrine)

Phenylgesic (containing Acetaminophen and phenyltoloxamine)

Phlemgesic (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Pseudoephedrine)

Phrenilin (containing Acetaminophen and butalbital)

Phrenilin with Caffeine and Codeine (containing Acetaminophen, Caffeine, Codeine, and butalbital)

Poly-Vent Plus (containing Acetaminophen, Guaifenesin, and Pseudoephedrine)

Polygesic (containing Acetaminophen and Hydrocodone)

Premsyn PMS (containing Acetaminophen, Pyrilamine, and pamabrom)

Primalev 300/2.5 (containing Acetaminophen and Oxycodone)

Primlev 10/300 (containing Acetaminophen and Oxycodone)

Primlev 5/300 (containing Acetaminophen and Oxycodone)

Primlev 7.5/300 (containing Acetaminophen and Oxycodone)

Procet 5/325 (containing Acetaminophen and Hydrocodone)

Procet 7.5/325 (containing Acetaminophen and Hydrocodone)

Prodrin (containing Acetaminophen, Caffeine, and isometheptene)

Promacet (containing Acetaminophen and butalbital)

Prominol (containing Acetaminophen and butalbital)

Propacet (containing Acetaminophen and Propoxyphene)

Protid (containing Acetaminophen, Chlorpheniramine, and Phenylephrine)

Pyregesic (containing Acetaminophen and Codeine)

Pyrroxate (containing Acetaminophen, Chlorpheniramine, and Phenylpropanolamine)

Pyrroxate Cold & Congestion (containing Acetaminophen and Phenylephrine)

Q-Gesic (containing Acetaminophen and phenyltoloxamine)

QFlex (containing Acetaminophen and phenyltoloxamine)

Quala Cet (containing Acetaminophen, Caffeine, and butalbital)

Relagesic (containing Acetaminophen and phenyltoloxamine)

Repan (containing Acetaminophen, Caffeine, and butalbital)

Repan CF (containing Acetaminophen and butalbital)

Respa C&C (containing Acetaminophen, Dextromethorphan, Diphenhydramine, and Phenylephrine)

RhinoFlex 650 (containing Acetaminophen and phenyltoloxamine)

Rhinocaps (containing Acetaminophen, Aspirin, and Phenylpropanolamine)

Rhinoflex (containing Acetaminophen and phenyltoloxamine)

Rhinogesic (containing Acetaminophen, Chlorpheniramine, Phenylephrine, and salicylamide)

Rid-A-Pain (containing Acetaminophen, Aspirin, Caffeine, Codeine, and salicylamide)

Robitussin Cold Cough and Flu (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Pseudoephedrine)

Robitussin Honey Flu Nighttime (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Robitussin Honey Flu Non-Drowsy (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Robitussin Multi-Symptom (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Phenylephrine)

Robitussin Night Cold (containing Acetaminophen, Dextromethorphan, Doxylamine, and Pseudoephedrine)

Robitussin Night Relief (containing Acetaminophen, Dextromethorphan, Pseudoephedrine, and Pyrilamine)

Robitussin Night Time Cough, Cold & Flu (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Robitussin Peak Cold Daytime Cold Plus Flu (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Robitussin Peak Cold Nasal (containing Acetaminophen and Phenylephrine)

Robitussin Peak Cold Nighttime Cold Plus Flu (containing Acetaminophen, Dextromethorphan, and Doxylamine)

Robitussin Peak Cold Nighttime Multi-Symptom Cold (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Robitussin Peak Cold Nighttime Nasal Relief (containing Acetaminophen, Chlorpheniramine, and Phenylephrine)

Roxicet (containing Acetaminophen and Oxycodone)

Roxicet 5/325 (containing Acetaminophen and Oxycodone)

Roxicet 5/500 (containing Acetaminophen and Oxycodone)

Rx-Act Cold Head Congestion (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Rx-Act Flu & Severe Cold & Cough (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Rx-Act Flu & Severe Cold & Cough Daytime (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Rx-Act Flu & Sore Throat (containing Acetaminophen, Pheniramine, and Phenylephrine)

Rx-Act Headache Formula (containing Acetaminophen, Aspirin, and Caffeine)

Rx-Act Nighttime (containing Acetaminophen, Dextromethorphan, and Doxylamine)

Rx-Act Pain Relief PM (containing Acetaminophen and Diphenhydramine)

Rx-Act Sinus Congestion & Pain (containing Acetaminophen and Phenylephrine)

Saleto (containing Acetaminophen, Aspirin, Caffeine, and salicylamide)

SanaTos Night (containing Acetaminophen, Dextromethorphan, and Doxylamine)

Sanatos Day (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Sedalmex (containing Acetaminophen and Caffeine)

Sedapap (containing Acetaminophen and butalbital)

Simplet (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Sinapap (containing Acetaminophen, Chlorpheniramine, and Phenylpropanolamine)

Sinapils (containing Acetaminophen, Caffeine, Chlorpheniramine, and Phenylpropanolamine)

Sinarest (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Sinarest Extra Strength (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Sinarest Sinus (containing Acetaminophen and Pseudoephedrine)

Sine-Aid (containing Acetaminophen and Pseudoephedrine)

Sine-Off Cold and Cough (containing Acetaminophen, Dextromethorphan, and Guaifenesin)

Sine-Off Maximum Strength (containing Acetaminophen and Pseudoephedrine)

Sine-Off Maximum Strength Reformulated Sep 2008 (containing Acetaminophen and Phenylephrine)

Sine-Off Sinus and Cold (containing Acetaminophen, Chlorpheniramine, and Phenylephrine)

Singlet brand of APAP/chlorpheniramine/pseudoephedrine (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Sinulin (containing Acetaminophen, Chlorpheniramine, and Phenylpropanolamine)

Sinumed (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Sinuson (containing Acetaminophen and Pseudoephedrine)

Sinutab (containing Acetaminophen and Pseudoephedrine)

Sinutab Ex-Strength (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Sinutab Sinus (containing Acetaminophen and Phenylephrine)

Sominex Pain Relief (containing Acetaminophen and Diphenhydramine)

Staflex (containing Acetaminophen and phenyltoloxamine)

Stagesic 10/250 (containing Acetaminophen and Hydrocodone)

Stagesic 5/500 (containing Acetaminophen and Hydrocodone)

Stona (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Phenylephrine)

Sudafed Cold and Cough Liquicaps (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Pseudoephedrine)

Sudafed Cold and Sinus (containing Acetaminophen and Pseudoephedrine)

Sudafed PE Cold & Cough (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Phenylephrine)

Sudafed PE Nighttime Cold (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Sudafed PE Severe Cold (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Sudafed PE Sinus Headache (containing Acetaminophen and Phenylephrine)

Sudafed PE Triple Action (containing Acetaminophen, Guaifenesin, and Phenylephrine)

Sudafed Severe Cold (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Sudafed Sinus (containing Acetaminophen and Pseudoephedrine)

Sudafed Sinus Nighttime Plus Pain Relief (containing Acetaminophen, Diphenhydramine, and Pseudoephedrine)

Sudafed Triple Action (containing Acetaminophen, Guaifenesin, and Pseudoephedrine)

Sudogest Sinus Maximum Strength (containing Acetaminophen and Pseudoephedrine)

Supac (containing Acetaminophen, Aspirin, and Caffeine)

Suphedrin Sinus (containing Acetaminophen and Pseudoephedrine)

Syncol (containing Acetaminophen, Pyrilamine, and pamabrom)

T-Gesic (containing Acetaminophen and Hydrocodone)

Talacen (containing Acetaminophen and Pentazocine)

Tavist Allergy/Sinus/Headache (containing Acetaminophen, Clemastine, and Pseudoephedrine)

Tavist Sinus (containing Acetaminophen and Pseudoephedrine)

Taxadone (containing Acetaminophen and Oxycodone)

Tenake (containing Acetaminophen, Caffeine, and butalbital)

Tencet (containing Acetaminophen, Caffeine, and butalbital)

Tencon (containing Acetaminophen and butalbital)

Theraflu Cold & Sore Throat Reformulated Sep 2008 (containing Acetaminophen, Pheniramine, and Phenylephrine)

Theraflu Daytime Severe Cold & Cough (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Theraflu Daytime Severe Cold (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Theraflu Flu & Chest Congestion (containing Acetaminophen and Guaifenesin)

Theraflu Flu & Sore Throat Reformulated Sep 2008 (containing Acetaminophen, Pheniramine, and Phenylephrine)

Theraflu Flu and Cold Medicine Powder (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Theraflu Max-D (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Pseudoephedrine)

Theraflu Multi-Symptom Severe Cold (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Theraflu Nighttime Maximum Strength (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Theraflu Nighttime Severe Cold & Cough (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Theraflu Nighttime Severe Cold (containing Acetaminophen, Pheniramine, and Phenylephrine)

Theraflu Nighttime Severe Cold Capsule (containing Acetaminophen, Dextromethorphan, Doxylamine, and Pseudoephedrine)

Theraflu Nighttime Severe Cold Tablet (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Phenylephrine)

Theraflu No Drowsiness Maximum Strength (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Theraflu Severe Cold & Congestion Non-Drowsy (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Theraflu Severe Cold Nighttime (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Phenylephrine)

Theraflu Sinus (containing Acetaminophen and Pseudoephedrine)

Theraflu Sore Throat Maximum Strength (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Theraflu Warming Cold & Chest Congestion (containing Acetaminophen, Guaifenesin, and Phenylephrine)

Theraflu Warming Relief (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Theraflu Warming Severe Cold (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Theraflu, Flu, Cold, and Cough (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Trezix (containing Acetaminophen, Caffeine, and dihydrocodeine)

Trezix Reformulated Oct 2011 (containing Acetaminophen, Caffeine, and dihydrocodeine)

Triad (containing Acetaminophen, Caffeine, and butalbital)

Triaminic Cold and Fever (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Triaminic Cough & Sore Throat Reformulated Jul 2007 (containing Acetaminophen and Dextromethorphan)

Triaminic Multi-Symptom Fever (containing Acetaminophen, Chlorpheniramine, and Dextromethorphan)

Triaminic Softchews Allergy Sinus (containing Acetaminophen and Pseudoephedrine)

Triaminic Softchews Cough & Sore Throat Reformulated Jul 2007 (containing Acetaminophen and Dextromethorphan)

Triaminic Sore Throat Formula (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Triaminicin Reformulated Sep 2008 (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Triaprin (containing Acetaminophen and butalbital)

Tricom brand of acetaminophen / chlorpheniramine / pseudoephedrine (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Trital (containing Acetaminophen, Chlorpheniramine, Phenylephrine, and phenyltoloxamine)

Two-Dyne (containing Acetaminophen, Caffeine, and butalbital)

Tylagesic (containing Acetaminophen and Codeine)

Tylefon (containing Acetaminophen and Chlorzoxazone)

Tylenol Allergy Multi-Symptom (containing Acetaminophen, Chlorpheniramine, and Phenylephrine)

Tylenol Allergy Multi-Symptom Nighttime (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Tylenol Allergy Sinus (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Tylenol Allergy Sinus Caplet (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Tylenol Allergy Sinus NightTime (containing Acetaminophen, Diphenhydramine, and Pseudoephedrine)

Tylenol Chest Congestion (containing Acetaminophen and Guaifenesin)

Tylenol Children’s Multi-Symptom Cold Plus (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Phenylephrine)

Tylenol Children’s Plus Cold & Cough (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Tylenol Children’s Plus Cold (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Tylenol Childrens Plus Cough & Runny Nose (containing Acetaminophen, Chlorpheniramine, and Dextromethorphan)

Tylenol Childrens Plus Cough & Sore Throat (containing Acetaminophen and Dextromethorphan)

Tylenol Cold & Flu Severe Day Time (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Tylenol Cold & Flu Severe NightTime (containing Acetaminophen, Dextromethorphan, Doxylamine, and Pseudoephedrine)

Tylenol Cold (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Tylenol Cold Complete Formula (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Tylenol Cold Head Congestion Severe (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Phenylephrine)

Tylenol Cold Infants Reformulated Jun 2007 (containing Acetaminophen and Phenylephrine)

Tylenol Cold Multi-Symptom Daytime (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Tylenol Cold Multi-Symptom Nighttime (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Phenylephrine)

Tylenol Cold Multi-Symptom Nighttime Liquid (containing Acetaminophen, Dextromethorphan, Doxylamine, and Phenylephrine)

Tylenol Cold Multi-Symptom Severe Daytime (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Phenylephrine)

Tylenol Cold No Drowsiness (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Tylenol Cold Relief Nighttime (containing Acetaminophen and Diphenhydramine)

Tylenol Cold Severe Congestion (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Tylenol Cold Severe Congestion Non-Drowsy (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Pseudoephedrine)

Tylenol Cold and Flu (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Tylenol Cold and Flu No Drowsiness (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Tylenol Cough & Sore Throat Night Time (containing Acetaminophen, Dextromethorphan, and Doxylamine)

Tylenol Cough (containing Acetaminophen and Dextromethorphan)

Tylenol Cough Liquid with Decongestant (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Tylenol Cough and Sore Throat Daytime (containing Acetaminophen and Dextromethorphan)

Tylenol Flu Maximum Strength (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Tylenol Flu NightTime (containing Acetaminophen, Dextromethorphan, Doxylamine, and Pseudoephedrine)

Tylenol Infants Cold Plus Cough (containing Acetaminophen, Dextromethorphan, and Pseudoephedrine)

Tylenol Infants Cold Plus Cough Reformulated Sep 2008 (containing Acetaminophen, Dextromethorphan, and Phenylephrine)

Tylenol Nightime Flu Gelcap Maximum Strength (containing Acetaminophen, Diphenhydramine, and Pseudoephedrine)

Tylenol PM (containing Acetaminophen and Diphenhydramine)

Tylenol Severe Allergy (containing Acetaminophen and Diphenhydramine)

Tylenol Sinus (containing Acetaminophen and Pseudoephedrine)

Tylenol Sinus Childrens (containing Acetaminophen and Pseudoephedrine)

Tylenol Sinus Congestion Daytime (containing Acetaminophen and Pseudoephedrine)

Tylenol Sinus Congestion Nighttime (containing Acetaminophen, Chlorpheniramine, and Pseudoephedrine)

Tylenol Sinus Congestion and Pain Daytime (containing Acetaminophen and Phenylephrine)

Tylenol Sinus Congestion and Pain Severe (containing Acetaminophen, Guaifenesin, and Phenylephrine)

Tylenol Sinus NightTime (containing Acetaminophen, Doxylamine, and Pseudoephedrine)

Tylenol Sinus Severe Congestion (containing Acetaminophen, Guaifenesin, and Pseudoephedrine)

Tylenol Warming Cough & Sore Throat Nightime (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Phenylephrine)

Tylenol with Codeine #2 (containing Acetaminophen and Codeine)

Tylenol with Codeine #3 (containing Acetaminophen and Codeine)

Tylenol with Codeine #4 (containing Acetaminophen and Codeine)

Tylenol with Codeine (containing Acetaminophen and Codeine)

Tylox (containing Acetaminophen and Oxycodone)

Ugesic (containing Acetaminophen and Hydrocodone)

Ultracet (containing Acetaminophen and Tramadol)

Uni-Case (containing Acetaminophen, Aspirin, and Caffeine)

Uni-Perr (containing Acetaminophen and phenyltoloxamine)

Unisom with Pain Relief (containing Acetaminophen and Diphenhydramine)

Va-zone (containing Acetaminophen, dichloralphenazone, and isometheptene)

Valorin Extra (containing Acetaminophen and Caffeine)

Vanacet (containing Acetaminophen and Hydrocodone)

Vanquish (containing Acetaminophen, Aspirin, and Caffeine)

Vendone (containing Acetaminophen and Hydrocodone)

Vicks 44 Cold, Flu and Cough (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Vicks Formula 44M (containing Acetaminophen, Chlorpheniramine, Dextromethorphan, and Pseudoephedrine)

Vicks Nature Fusion Cough and Flu Night (containing Acetaminophen, Dextromethorphan, and Doxylamine)

Vicodin 10/660 (containing Acetaminophen and Hydrocodone)

Vicodin 5/500 (containing Acetaminophen and Hydrocodone)

Vicodin 7.5/750 (containing Acetaminophen and Hydrocodone)

Vidone (containing Acetaminophen and Hydrocodone)

Vistra (containing Acetaminophen and phenyltoloxamine)

Vitoxapap (containing Acetaminophen and phenyltoloxamine)

Vopac (containing Acetaminophen and Codeine)

Wal-Dryl Severe Allergy & Sinus (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Wal-Flu Cold and Sore Throat (containing Acetaminophen, Pheniramine, and Phenylephrine)

Wal-Flu Flu and Sore Throat (containing Acetaminophen, Pheniramine, and Phenylephrine)

Wal-Flu Severe Cold (containing Acetaminophen and Phenylephrine)

Wal-Flu Severe Cold Nighttime (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Wal-Flu Severe Cold and Cough (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Wal-Phed Cold & Cough (containing Acetaminophen, Dextromethorphan, Guaifenesin, and Phenylephrine)

Wal-Phed PE Nighttime Cold (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Wal-Phed PE Severe Cold (containing Acetaminophen, Diphenhydramine, and Phenylephrine)

Womens Tylenol Menstrual Relief (containing Acetaminophen and pamabrom)

Wygesic (containing Acetaminophen and Propoxyphene)

Xodol 10/300 (containing Acetaminophen and Hydrocodone)

Xodol 10/325 (containing Acetaminophen and Hydrocodone)

Xodol 5/300 (containing Acetaminophen and Hydrocodone)

Xodol 7.5/300 (containing Acetaminophen and Hydrocodone)

Xolox (containing Acetaminophen and Oxycodone)

Yinchiao Fast Relief Flu (containing Acetaminophen and Chlorpheniramine)

Zamicet (containing Acetaminophen and Hydrocodone)

Zebutal (containing Acetaminophen, Caffeine, and butalbital)

Zerlor (containing Acetaminophen, Caffeine, and dihydrocodeine)

Zflex (containing Acetaminophen and phenyltoloxamine)

Zgesic (containing Acetaminophen and phenyltoloxamine)

Zicam Multi-Symptom Cold and Flu Daytime (containing Acetaminophen, Dextromethorphan, and Guaifenesin)

Zicam Multi-Symptom Cold and Flu Nighttime (containing Acetaminophen, Dextromethorphan, and Doxylamine)

Zolvit (containing Acetaminophen and Hydrocodone)

Zydone 10/400 (containing Acetaminophen and Hydrocodone)

Zydone 5/400 (containing Acetaminophen and Hydrocodone)

Zydone 5/500 (containing Acetaminophen and Hydrocodone)

Zydone 7.5/400 (containing Acetaminophen and Hydrocodone)

The Food and Drug Administration has issued a big warning to the American consumer about a fake version of the drug Adderall being sold online.  Adderall is used to treat both narcolepsy and ADHD (Attention Deficit Hyperactivity Disorder).

Drug Shortages: Lack of Supply of Adderall Leading People to Search Online for the Drug

News media across the country have picked up on the story, getting the word out to lots of people who may be trying to find a source for this medication online because they can’t get it right now at their local pharmacy. Apparently, Adderall is one of several popular medications that is in short supply now; for a full list, check out the FDA Drug Shortage Web Page.

NOTE:  It’s only a version of one manufacturer’s product — the Teva Pharmaceutical brand of 30 mg Adderall tablets — that is being counterfeited.

Dangers of Buying Drugs Over the Web: Fake Drugs and No Justice

Today’s warning deals with a popular drug that people are trying to locate online because they cannot locate it in their neighborhood drug stores.  That’s a serious situation forcing people to shop for drugs online.  Another one is cost.  Lots of drugs are simply cheaper to buy online, through international web sites where the drugs are cheaper in the marketplace than here in the United States.

However, when someone buys a drug online from a web site they need to be aware that they may not be getting the real thing, like this Adderall warning, and they may not have any remedy if they or a loved one is hurt by the drug they bought off a web site.   If a mother buys a drug at her local drug store and her baby is hurt by it, then that mother has a legal remedy against the drug maker as well as potentially against that drug store, etc.  under state personal injury product liability laws.

If that same mother chooses to buy the drug over the web, then she may not have any legal recourse.  The site may disappear, she may not be able to locate those who took her money, and investigators may never be able to find the makers of the fake drug — or they may be legally shielded in some foreign jurisdiction if they are located.  It’s a risky business, to buy drugs online.  (And this is true for both humans and pets.)

Here’s the full FDA Press Release:

For Immediate Release: May 29, 2012
Media Inquiries: Shelly Burgess, 301-796-4651, shelly.burgess@fda.hhs.gov
Consumer Inquiries: 888-INFO-FDA

FDA warns consumers about counterfeit version of Teva’s Adderall
Tablets purchased on the Internet contain wrong active ingredients

The U.S. Food and Drug Administration is warning consumers and health care professionals about a counterfeit version of Teva Pharmaceutical Industries’ Adderall 30 milligram tablets that is being purchased on the Internet. Adderall, which is approved to treat attention deficit hyperactivity disorders (ADHD) and narcolepsy, is a prescription drug classified as a controlled substance – a class of drugs for which special controls are required for dispensing by pharmacists.

FDA’s preliminary laboratory tests revealed that the counterfeit version of Teva’s Adderall 30 mg tablets contained the wrong active ingredients. Adderall contains four active ingredients – dextroamphetamine saccharate, amphetamine aspartate, dextroamphetamine sulfate, and amphetamine sulfate. Instead of these active ingredients, the counterfeit product contained tramadol and acetaminophen, which are ingredients in medicines used to treat acute pain.

Currently on the FDA’s drug shortage list, Adderall is in short supply due to active pharmaceutical ingredient supply issues. Teva continues to release product as it becomes available. Consumers should be extra cautious when buying their medicines from online sources. Rogue websites and distributors may especially target medicines in short supply for counterfeiting.

The counterfeit Adderall tablets are round, white and do not have any type of markings, such as letters or numbers. Any product that resembles the tablets or the packaging in the photos below and claims to be Teva’s Adderall 30 mg tablets should be considered counterfeit. The counterfeit versions of Adderall should be considered as unsafe, ineffective and potentially harmful.

Authentic Adderall 30 mg tablets produced by Teva are round, orange/peach, and scored tablets with “dp” embossed on one side and “30” on the other side of the tablet. Teva’s Adderall 30 mg tablets are packaged only in a 100-count bottle with the National Drug Code (NDC) 0555-0768-02 listed.

he Adderall 30 mg product may be counterfeit if:1. The product comes in a blister package.

2. There are misspellings on the package.

• “NDS” instead of “NDC”
• “Aspartrte” instead of “Aspartate”
• “Singel” instead of “Single”

3. The tablets are white in color, round in shape, and are smooth.

4. The tablets have no markings on them.

Pictures of authentic Adderall 30 mg tablets (immediate release) by Teva (front and back side of tablet)

Anyone who believes they have the counterfeit version of Teva’s Adderall 30 mg tablets should not take or should stop taking the product. Consumers should talk to their health care professional about their condition and options for treatment.

Consumers and health care professionals are encouraged to report adverse events or side effects from the suspect counterfeit Adderall to the FDA’s MedWatch Safety Information and Adverse Event Reporting Program:

• Complete and submit the report online:www.fda.gov/MedWatch/report.htm.
• Download form or call 1-800-332-1088 to request a reporting form, then complete and return to the address on the pre-addressed form, or submit by fax to 1-800-FDA-0178.

Consumers who believe they have received counterfeit Adderall should contact the FDA’s Office of Criminal Investigations (OCI) at 800-551-3989 or http://www.fda.gov/OCI.

Longshoremen working on or near the Great Lakes as well as the rivers and waterways serving our regional trade routes look to the International Longshoremen’s Association, AFL-CIO to provide guidance and protection. The ILA is the largest union of maritime workers in North America, representing upwards of 65,000 longshoremen in the Great Lakes areas as well as on both the Eastern seaboard, the Gulf Coast, and other parts of the country as well as eastern Canada. In fact, the ILA began back in 1892 serving longshoremen in the Great Lakes area and grew into the huge organization that it is today.

International Longshoremen’s Association Issues Quarterly Safety Bulletin Today

Today, the ILA issued its quarterly safety bulletin, ” Be Careful Out There!” online in a downloadable .pdf format.  In this issue, container weights were discussed – what the Code of Federal Regulations requires and what the Occupational Safety and Health Administration mandates for the marine cargo handling industry.  Also included within the bulletin, the sad news that two ILA members had been killed while working on the job.

Longshoremen Are Protected By Special Laws Passed Just for Them

If you work on the docks, in what federal law considers to be “maritime employment,” then you may be protected by the federal Longshore and Harbor Workers’ Compensation Act. This law would be the primary legal remedy in the event of a serious injury or death while working on the job – not state workers’ compensation, not a private claim against the company.

The Longshore and Harbor Workers’ Compensation Act covers workers who are loading or unloading vessels, or working on the repair or upkeep of a vessel, while in a terminal or on a dock, wharf, pier, etc.  The LHWCA has its own set of rules and procedures, its own version of a trial proceeding, and its own set of benefits for medical needs, rehab therapy, disability payments, and more.

Unions and Attorneys Standing Up for Injured Longshoremen / Maritime Workers

The ILA works hard to protect workers with maritime jobs.  It’s dangerous work, what longshoremen do.  Union oversight of safety issues, as seen in the quarterly bulletin, goes a long way to keeping workers safe on vessels and piers, etc.  However, when injuries occur, workers may need the advocacy of both their ILA as well as their personal injury attorney in order to get justice.

For many longshoremen, having legal counsel that are versed not only in the LHWCA but other state and federal injury laws and standard workers’ compensation statutes can be extremely important to insure they receive proper coverage and consideration for themselves and their families.  Unions have been vital to the protection of American workers, as have plaintiffs’ attorneys in courtrooms across this country.

It’s sad but true that even with both these arms of justice crusading for the working person, workplace safety remains a major problem in the United States today because it’s all too often considered too costly to protect the worker by the employer whose loyalty is to his or her bottom line profit.

Preventing injuries seems simple enough for employers and companies to implement in their operations and for state and local governments to enforce (along with the feds). But how well are the preventative measures working? A new study has just been released by released by the Trust for America’s Health (TFAH) and the Robert Wood Johnson Foundation (RWJF) that gives that answer on a state by state basis.

It’s not good. Surprised? According to the research, millions of people could avoid being seriously injured every year if states would pass prevention policies that have been recommended by researchers as helping to keep people safer, and if the states, having passed those laws, would then make sure the policies were being respected and followed.

Read the report, “The Facts Hurt: A State by State Injury Prevention Policy Report,” here.Some of its findings include:

• 29 states do not require bicycle helmets for all children;
• 17 states do not require that children ride in a car seat or booster seat to at least the age of eight;
• 31 states do not require helmets for all motorcycle riders;
• 34 states and Washington, D.C. do not require mandatory ignition interlocks for convicted drunk drivers;
• 18 states do not have primary seat belt laws;
• 44 states scored a “B” or lower on a teen dating violence law review by the Break the Cycle organization; and
• 13 states do not have strong youth sport concussion safety laws.

“Seat belts, helmets, drunk driving laws, and a range of other strong prevention policies and initiatives are reducing injury rates around the country,” said Amber Williams, executive director of the Safe States Alliance. “However, we could dramatically bring down rates of injuries from motor vehicles, assaults, falls, fires, and a range of other risks even more if more states adopted, enforced, and implemented proven policies. Lack of national capacity and funding are major barriers to states adopting these and other policies.”

So, where do Indiana and Illinois stand among all the states?  From the study, with zero as the lowest score possible and  ten as the highest, Illinois got a 7 and Indiana a 5:

• 9 out of 10: California and New York
• 8 out of 10: Maryland, North Carolina, Oregon, Rhode Island and Washington
• 7 out of 10: Connecticut, Washington, D.C., Hawaii, Illinois, Kansas, Louisiana, Massachusetts, New Jersey, New Mexico and Tennessee
• 6 out of 10: Alabama, Alaska, Arizona, Delaware, Florida, Georgia, Maine, Nebraska, Virginia and Wisconsin
• 5 out of 10: Arkansas, Colorado, Indiana, Iowa, Minnesota, Missouri, Oklahoma, Pennsylvania, Texas, Utah, Vermont and West Virginia
• 4 out of 10: Michigan, Mississippi, Nevada and New Hampshire
• 3 out of 10: Idaho, Kentucky, North Dakota, South Carolina, South Dakota and Wyoming
• 2 out of 10: Montana and Ohio

Public Citizen is a consumer watchdog group that works long and hard to protect Americans with programs to advocate for affordable, clean, and sustainable energy; to insure auto and highway safety; and to fight for patient safety – which includes making doctors accountable for their mistakes and bad acts.

This week, Public Citizen released its yearly report on how well or how bad the various states are doing in monitoring the doctors licensed in their states, and in taking disciplinary actions against doctors when the need arises.  You can read the Public Citizen Physician Accountability Report for 2012 online here.

Are You and Your Loved Ones at Risk of Medical Malpractice? Yes.

From the Public Citizen research and investigation into 2011 physician actions and state medical board data, we know the following:

3.06 doctors out of every 1,000 were subjected to serious disciplinary actions by state medical boards: Public Citizen suggests that the low numbers mean that doctors are not getting disciplined as they should be by the state authorities.

The best states to practice as a bad doctor?  Public Citizen’s Worst 10 list is:

• South Carolina
• District of Columbia
• Minnesota
• Massachusetts
• Connecticut
• Wisconsin
• Rhode Island
• Nevada
• New Jersey
• Florida.

Medical malpractice is real. Doctors make mistakes that cause serious harm and sometimes the wrongful death of their patient.  Let’s hope that the hard work of watchdog groups like Public Citizen prod those responsible in protecting us – like state medical boards – into doing more to keeping us all safe.

There’s probably going to be another major recall of a popular car because of danger of serious injury or death due to air bags. That’s right, air bags are placed in cars to protect the occupants from harm in the event of an accident.  There’s been lots of happy talk about how wonderful air bags are for auto safety, like this discussion of “air bag safety facts.” Problem is, these things just aren’t all that safe – as we can see from this week’s announcement that the federal government is investigating the safety of air bags placed into Hyundai Motor Co’s Elantra sedan.

Car’s Air Bag Cut Off Man’s Ear – NHTSA Investigating

The National Highway Traffic Safety Administration (NHTSA) is investigating 2012 Elantras (see its Investigation Report here) after it got a complaint from an air bag victimthat his ear was “… sliced in half…” from a piece of flying metal that zoomed out during the Elantra’s air bag deployment when he was in a car accident.  It was a side air bag, it did what it was meant to do: inflate when there was a sudden impact, and then instead of protecting this man, it hurt him.  So he reported what happened to the NHTSA, and now the federal agency is concerned that this may happen to other people, too.

This means that it may not be a single, faulty air bag, but instead a problem of the entire product line or product design.  (A product liability issue.) There’s no recall yet, but no one should be surprised if Elantras are recalled very, very soon because of this air bag problem.

Investigations into Air Bag Dangers Seem to Happening Way Too Often – How Safe Are Air Bags, Really?

Perhaps we all need to ponder the dangers of air bags overall.  After all the Elantra isn’t a fluke situation here.

In January 2012, NHTSA announced it was expanding its investigations in Jeep air bags because of complaints that air bags suddenly deployed without warning.

In February 2012, another investigation began at NHTSA into a possible side air bag defect in air bags supplied by one company, a Swedish air bag maker named Autoliv, to Toyota, Honda, Nissan and Subaru, because of complaints that they wouldn’t inflate.

In March 2012, Volvo recalled 17,000 of its 2012 model sedans because of side air bag issues – again because of deployment problems.

Search for yourself, and you will find all sorts of news stories about all sorts of different kinds of vehicles with air bag dangers.  Sometime they don’t deploy when they are supposed to do so.  Sometimes they deploy without warning.  Sometimes they hurt people when they do deploy, children are especially vulnerable to injuries from air bags.

Perhaps air bags are not the safety product that we’ve been assuming that they are.  Be careful out there.

The NWI Times investigates how the trucking industry impacts the local area, and in the latest series of NWI Times reports, written by Marc Chase and published on May 12, 2012, entitled “Industrial colossus: Region heavy truck companies generate millions in revenue,” the investigation delves into how important the trucking industry is to the local economy.

According to the NWI Times report, the northwest region of the State of Indiana receivesapproximately $3.2 billion in sales revenue from trucking (including freight hauling and logistics and its relationship between big semi / big rigs; railways; air and water freight) as well as the benefit of tens of thousands of jobs being built to generate that revenue each year.

Which is something to think about as we all drive the Northwest Indiana roads with these huge tractor-trailer, semi trucks. These heavy monsters are carrying loads of all sorts of cargo, including lots of product from local steel mills as well as weighty materials for construction and building.

As you drive along a local interstate and think about how powerful these big rigs are driving alongside sedans, SUVs, and minivans, you’re right. Those big trucks are often carrying very heavy cargo, not boxes of Styrofoam pellets or cartons of stuffed animals.

Which means that we must all be very aware of the dangers of collisions between big rig semi trucks and any other vehicle. People often die in these sorts of accidents, unfortunately: the inequality of the weights between the vehicles alone can count for some fatalities.

For more information, see our earlier posts dealing with trucking accidents including:

• American Trucking Association Continues Fight Against New Hours of Service (HOS) Rule With March 2012 Filing in Federal Court. Big Surprise.
• Distracted Driving Guidelines Proposed to Car Manufacturers by Department of Transportation: Safety That Some Drivers May Not Like
• New NHTSA Study Shows Increase in Deaths Caused by Big Rig, Semi, Tractor-Trailer Truck Crashes on Our Highways

An Ohio professor received a $5.9 million settlement after he was critically injured two years ago in a crash on Interstate 65, a Valparaiso lawyer said.

William Scanlon, 56, was traveling north on I-65 when he was hit from behind by a commercial truck while slowing for stopped traffic.

Injury lawyers Kenneth J. Allen and Associates of Valparaiso represented Scanlon and filed a lawsuit against Indiana Art Glass Inc./GRT Glass Design Inc. of Indianapolis, which owned and operated the truck.

The National Highway Traffic Safety Administration and the American Automobile Association (AAA) are working together this year in a joint campaign called “Roll Model,” to help promote bike safety awareness in May 2012, which is National Bicycle Safety Month.

As more and more Americans are looking to bicycles not only for fun in the summer months, or ways to get to school and back, but also as an alternate to driving a car in these days of high gas prices, it has never been more important to recognize that under state law, bicycles are considered vehicles on the road with the same rights and the same legal duties as the cars, motorcycles, and other motorized vehicles with which the bikes share the roads.

This means that Bike Safety is very important, not just for smart bicycle riding but also because in many instances, it’s the law. Things like wearing the proper gear – including a bicycle helmet – are important and bike riders should be aware and follow these safety rules.

From the AAA, here are some bicycle safety tips:

1. Wear your helmet. Follow this simple rule and you reduce your risk of serious injury by as much as 85 percent.
2. Keep your head up and look ahead, not at the ground. You need to see what is coming up so you have time to react and maneuver.
3. One person per bike. Riding with unsecured passengers puts you at risk for injury to yourself and others.
4. Ride in single file with space between bikes.
5. Ride on the right side of the road, never against traffic. Otherwise, you are at risk for an accident – or a ticket.
6. Plan ahead if you will ride in a group. Agree on the route ahead of time. Have a plan on what you will do if separated by traffic.
7. If you will be riding in an unfamiliar area, check out local laws and rules first.
8. Avoid busy roads and peak traffic times on your route.
9. Before riding at night, ask someone to help you check your visibility to motorists.
10. Maintain the bikes in your household. Keep chains clean and lubricated and periodically inspect brake pads.

Tasers are used all across the country by law enforcement agencies, despite story after story of innocent people dying after being zapped by a Taser gun: today, it was confirmed in the medical journal Circulation, published by the American Heart Association,  that Taser guns send an electric shock into the victim’s body that can result in the heart having an irregular heart rhythm which can then lead to cardiac arrest and death.

Bottom line: Taser guns kill people, it’s now confirmed by medical research.

Indiana University Professor Releases Study That Confirms What Many Injury Attorneys and Criminal Defense Lawyers Already Believed

It seems that an Indiana professor has sounded the alarm, and news media (among other folk) all over the country are taking note.

You can read the full report online, entitled “Sudden Cardiac Arrest and Death Associated with Application of Shocks from a TASER Electronic Control Device,“ by Douglas P. Zipes.

Dr. Zipes is pretty impressive as a Distinguished Professor Emeritus of the School of Medicine, Department of Medicine and Department of Pharmacology and Toxicology, of Indiana University, Indianapolis.

Maybe it took someone with Dr. Zipes’ level of expertise and respect to get everyone to understand that using a Taser to send little metal prongs into human beings and then pushing a button to send an electric shock into that person via the prongs just might be dangerous and sometimes fatal.   Apparently, news story after news story about people dying after police officers used a Taser on them haven’t been enough to stop Taser deaths from happening.

If you or a loved one has suffered serious injury or death from a Taser incident, then you need to consider what actions may be available to you under state and federal law.   And, if you own a Taser, then think twice before you decide to use it.   Under the state laws of Indiana and Illinois, anyone licensed to carry a handgun can legally carry a Taser.

Be careful out there

This week, the Food and Drug Administration announced that it is considering allowing several drugs that need a doctor’s prescription right now to be made available to Americans without a physician’s okay. This move is still being debated by the FDA, but it has a lot of support since it would make some very popular drugs for things like diabetes much cheaper for people to buy.

1.  Legally Get Prescription Drugs Without a Doctor? That May Be True Very Soon.

If the FDA goes ahead with this proposal, doctors would be taken out of the loop for many Americans as they would get drugs based on answering a questionaire about their symptoms.  Sounds efficient, but doctors warn that this is risky.  Not having a medical professional checking out an individual’s symptoms may mean something is missed, and the person is harmed.

2.  Doctors Practicing Without Dealing With Health Insurance?  That’s Happening Now.

Meanwhile, doctors are reacting to costs on their own.  There is a growing national trendfor physicians to opt for “direct pay model” practices, otherwise known as “concierge” medicine.  (Here’s a list of these practices.)

In these new doctors’ offices, the doctor offers you a membership in a monthly service plans at a reasonable rate, and may well also offer pay-as-you-go options.  The doctor does NOT accept insurance.  Most doctors are finding that after they transition to this new model, they are making more money than they did before, and they aren’t having to deal with insurance companies at all.  Neither are their patients, as many Americans who currently are without health insurance are finding these “direct pay” doctors an answer to a prayer.

3.  Risks to Consider – What Happens When Someone Is Hurt by a Mistake?

The reason that personal injury law exists is to protect those that have been hurt through no fault of their own: victims of mistakes made by others who need justice.  With these changes in the medical industry, what happens to Americans when they get drugs through a questionnaire or they go to a concierge doctor and because of a medical mistake, they are seriously injured or killed?

Product liability laws will still protect for some drug errors; however, people will need to be very careful in answering questionnaires and they will need to trust that those questionnaires are going to protect them.  No doctor being involved means that an experienced health care professional will not be involved in that drug being dispensed to the patient.  Who will be legally responsible for errors made by the questionnaire?  Will the finger be pointed at the patient for the harm he or she has suffered?

As for concierge medicine, doctors will still carry medical malpractice coverage. They are simply offering another way of doing business that skirts the health insurance carrier.  Patients with coverage can still file their own claims – the doctor’s office just isn’t going to be involved.

Times are changing, and sometimes change is good.  Be careful out there.

Unfortunately, accidents between big commercial trucks (big rigs, semis, tractor-trailers, 18 wheelers) usually means fatalities will be involved in the crash.  The simple matter of weight and speed differences mean that these huge vehicles are monsterously damaging to most other vehicles on the road: sedans, minivans, pickups, motorcycles, and the like.

Still, accidents are accidents and truck drivers are human beings: some truck wrecks are tragedies, but they aren’t criminal actions.  Until they are.

Here are some recent examples from across the country where a commercial truck driver involved in a crash or accident has been arrested by the local law enforcement authorities on homicide charges because someone died in the wreck of the big rig / semi / 18 wheeler / tractor-trailer and the other motor vehicle on the road:

Pennsylvania Dump Truck Driver charged with homicide and other felony charges after truck crash with 2011 Ford passenger car.

Illinois Tractor Trailer Truck Driver charged with homicide in Kentucky crash involving Amish buggy.

Wisconsin Semi Truck Driver charged with vehicular homicide in Ohio crash involving pick up truck.

Texas Semi Truck Driver charged with criminally negligent homicide in Texas crash involving another semi truck.

Michigan Semi Truck Driver charged with three counts each of vehicular homicide, vehicular manslaughter, and causing a fatality through negligent operation of a motor vehicle in Ohio chain-reaction crash that involved several vehicles.

It’s not always the truck driver that gets charged with homicide in this big rig crashes, though.  Consider last month’s crash in Austin, Texas:  here, the driver who ran a red light and slammed into the semi truck is facing homicide charges.

Recalls happen every day in this country – all sorts of products are either voluntarily recalled by their manufacturer, or recalls are issued by the government to get dangerous items out of the public marketplace.  Consider this — this week, so far, the following national recalls have happened:

• Stouffer’s Frozen Lasagna has been recalled by Nestle Food Company because some of its product can make people with fish allergies sick.
• Hospira is recalling some of its Morphine Sulfate Injection because they have more than the appropriate dosage.
• Office Depot is recalling desk chairs because they have a dangerous fall hazard.

To monitor recalls involving consumer products, motor vehicles, boats, food, medicine, cosmetics, or environmental products, go here (where you can even sign up for email alerts).

It is very good news for all American consumers that manufacturers issue these voluntary recalls of their products when it is discovered that the product can hurt or seriously injure (even kill) someone.  Of course, there are those who will point out that this is in the manufacturer’s best interests, since they are legally liable for any injuries that their products cause.

And this is true.  Under state law as well as federal statute, manufacturers of products as well as those in the distribution chain (those who had the task of getting the product from its maker to the injury victim) can be held financially responsible for the injuries caused by a defective and damaged product.

This is what is referred to as products liability law. Many recalls have become the basis for major personal injury litigation based upon products liability laws, where state legislatures (like those in Indiana and Illinois) as well as the U.S. Congress, have passed laws for safe products that have been violated.  Consider this — this week, the following recalls are now among those making national news as they proceed as major products liability personal injury lawsuits:

• This week, a wrongful death lawsuit has been filed by the parents of a baby whose death inspired a national recall.  Johnson & Johnson and subsidiary McNeil PPC have been sued by the grieving parents of their 2-month-old infant son, Markus Cherry, who died after being given Concentrated Tylenol Infant Drops (which was later found to have been defective, as it contained harmful bacteria).  Baby Markus’ death led to the national recall of 40 different types ofinfants’ and children’s medications. This is probably not the only lawsuit that will spring from this recall.
• Yesterday, it was announced that the parents of a 2 year old little boy had settled their wrongful death lawsuit – although at least ten (10) other similar cases remain active – after they filed a wrongful death action against Triad Group and its sister company, H&P Industries, claiming that their son Harry Kothari died because of Triad’s defective product, contaminated baby wipes. Triad and H&P did issue a voluntarily recall after little Harry died from contaminated wipes and swabs containing harmful bacteria.  The Food and Drug Administration also shut down the Triad plant after U.S. Marshals entered and seized $6 million worth of products.
• Defective products made and recalled by DePuy Orthopaedics are now the subject of over 3500 different lawsuits, as victims of its defective ASR hip implants are joined together in multi district litigation before an Ohio federal district court, with trial predicted to start soon.  We’ve been monitoring those hip replacement product lawsuits for awhile now, see our earlier post that provides details.

The latest report from the Center for Disease Control should be considered good news, and it is, if you focus solely on the fact that overall, children are safer today than they have been in the past.  The rate of children dying from accidental injuries fell 30%.  That’s good news.

However, accidental injuries still kill way too many kids in this country, and importantly, this report confirms something that we’ve been monitoring for awhile now:  prescription drugs injure and kill people in this country in epidemic proportions.  In the CDC’s latest Vital Signs report, the number show a shocking 91% increase in the number of deaths of teenagers (15-19 years old) from poisoning by prescription drug overdoses.

Consider that number again:  NINETY-ONE PERCENT.  Once more, we point out thatdrugs are products sold by companies for profit. There is no absolute guarantee that approval by the Food and Drug Administration makes these drugs safe.  There is no absolute guarantee that a doctor or a pharmacist okaying the drug for someone makes it safe for that person, much less anyone else, to take.

Drugs are products subject to state and federal laws just like any other product – tires, strollers, cookware and they are subject to personal injury laws and product liability claims just like any other product in the marketplace.  Be careful out there when using any product.

Here is the CDC’s latest release, with highlighting added:

_______________________________________________

Unintentional injuries remain number one killer of youth

The death rate due to unintentional injuries decreased by nearly 30% in the past decade according to CDC Vital Signs

Unintentional injuries to children and teens aged 0 to 19 are preventable, yet more than 9,000 children and teens died from injuries in the U.S. in 2009 according to CDC’s Vital Signs released today. Car crashes, suffocation, drowning, poisoning, fires, and fallsare some of the most common ways children are hurt or killed. The number of children dying from injury dropped nearly 30% over the last decade.

However, injury is still the #1 cause of death among children. More can be done to keep our children safe.

Although rates for most causes of child injuries have been dropping, suffocation rates are on the rise, with a 54% increase in reported suffocation among infants less than 1 year old, the report says. Poisoning death rates also increased, with a 91% increase among teens aged 15-19, largely due to prescription drug overdose.

“Kids are safer from injuries today than ever before. In fact, the decrease in injury death rates in the past decade has resulted in more than 11,000 children’s lives being saved,” said CDC Director Thomas Frieden, M.D., M.P.H. “But we can do more. It’s tragic and unacceptable when we lose even one child to an avoidable injury.”

This Vital Signs report is CDC’s first study to show fatal unintentional injury trends by cause and by state for children from birth to 19 years.

Child injury death rates varied substantially by state in 2009, ranging from less than 5 deaths per 100,000 children in Massachusetts and New Jersey to more than 23 deaths per 100,000 children in South Dakota and Mississippi. Death rates from motor vehicle crashes dropped by 41% from 2000-2009. Several factors have played a role in this reduction, including improvements in child safety and booster seat use and use of graduated drivers licensing systems for teen drivers.

However, crashes remain the leading cause of unintentional injury death for children. This Child Injury Infographic provides a graphic representation of important data related to this Vital Signs topic.

Poisoning deaths have been steadily increasing among 15- to 19 year-olds, largely due to prescription drug overdoses. According to other CDC research, appropriate prescribing, proper storage and disposal, discouraging medication sharing, and state-based prescription drug monitoring programs could reduce these deaths. The increase in suffocation deaths among infants could be curbed by following the American Academy of Pediatrics’ recommendations for safe infant sleeping environments. These recommendations state that infants should sleep in safe cribs, alone, on their backs, with no loose bedding or soft toys.

“Every 4 seconds, a child is treated for an injury in the emergency department, andevery hour, a child dies as a result of an injury,” said Linda C. Degutis, Dr.P.H., M.S.N., director of CDC?s National Center for Injury Prevention and Control. “Child injury remains a serious problem in which everyone –including parents, state health officials, health care providers, government and community groups – has a critical role to play to protect and save the lives of our young people.”

CDC and more than 60 partner organizations are releasing a National Action Plan on Child Injury Prevention in conjunction with the Vital Signs report. The National Action Plan’s overall goals are to:

Raise awareness about the problem of child injury and the effects on our nation.
Highlight prevention solutions by uniting stakeholders around a common set of goals and strategies.
Mobilize action on a national, coordinated effort to reduce child injury.

For a copy of the plan and more information about child injury prevention, visithttp://www.cdc.gov/safechild.

CDC Vital Signs is a report that appears each month as part of the CDC journal Morbidity and Mortality Weekly Report (MMWR). The report provides the latest data and information on key health indicators such as cancer prevention, obesity, tobacco use, alcohol use, prescription drug overdose, HIV/AIDS, motor vehicle safety, health care-associated infections, cardiovascular health, teen pregnancy, child injuries, and food safety.

CDC works 24/7saving lives, protecting people from health threats, and saving money to have a more secure nation. Whether these threats are chronic or acute, manmade or natural, human error or deliberate attack, global or domestic, CDC is the U.S. health protection agency.

A new Canadian study has found that some very commonly used antibiotics are connected with an increased danger of retinal detachment - something that will cause blindness if not treated with surgery.

You can read the study online here, in the Journal of the American Medical Association.

What is retinal detachment?

The “…retina is the light-sensitive layer of tissue that lines the inside of the eye and sends visual messages through the optic nerve to the brain. When the retina detaches, it is lifted or pulled from its normal position. If not promptly treated, retinal detachment can cause permanent vision loss.” (as defined by the National Eye Institute.)

What are symptoms of retinal detachment? From the U.S. National Library of Medicine:

• Bright flashes of light, especially in peripheral vision
• Blurred vision
• Floaters in the eye
• Shadow or blindness in a part of the visual field of one eye

The Canadian researchers already knew that some antibiotics can increase the danger of damage to tendons; here, they checked with ophthalmologists who have treated patients with retinal detachment (an emergency situation) for a seven year time period (2000-2007).  From those interviews, almost a million of them, the researchers found that there was a 500% higher chance that someone who came to the ophthalmologist for retinal detachment had been taking a certain kind of antibiotic, a form of fluoroquinolones

What are fluoroquinolones?

Here is a list of common fluoroquinolones / antibiotics revealed in the Canadian study of retinal detachment risk:

ciprofloxacin, sold under the names:

• Zoxan
• Proquin
• Cipro

levofloxacin, sold under the names:

• Levaquin
• Cravit

Once again, we remind everyone that drugs are products made for a profit by corporations here in the United States and around the world.   Sometimes, there’s a bad apple in the barrel and an ordinarily safe product harms someone (or worse, causes their death).  Other times, the drug itself is hazardous and unsafe as a product for human use.  This does not mean that unsafe and dangerous products don’t get okayed for sale in this country, or that unsafe and dangerous products don’t get prescribed by health care providers or dispensed by local pharmacies and drug stores.  They do. Every day.

So be careful out there.  Don’t trust a drug just because it’s a prescription medicine.

And if you have taken an antibiotic and are having any symptoms as described above, hurry to get your eyes checked out.  Be safe and make sure that you’re okay.

Yesterday, while dancing live on television in this year’s “Dancing With the Stars” competition, former Little House on the Prairie star Melissa Gilbert suffered an injury and was taken to the hospital as the live show continued along, with news today being that she has suffered a concussion and whiplash. She remains in a Los Angeles hospital today.

Seems so minor, right?  Dancing on a shiny dance floor, and someone hurts their head and neck?  Is this just for the publicity?

Nope.

Hopefully, the injury to Melissa Gilbert on DWTS this year will help people across the country — particularly parents with kids in extracurricular activities — become more aware and alert not only of the possibility of head injury but the real dangers that can come from events that seem like minor events.

What is a concussion?

Concussions happen when there is a hard hit to the head.  That can be from something hitting the head, say a tackle during a football game, or it could be from falling during a dance move onto a hard floor. Fist fights in a bar, motorcycle accidents, falling from a swing — there are as many ways to get a concussion as there are ways for humans to hit their heads.  Here’s what happens.

Inside your head, there is spinal fluid that surrounds your brain and protects it from being jarred.  Your skull is the shell around that brain matter (soft material) and fluid that provides added protection.

In a head injury that causes a concussion, the hit to the head is so forceful that the spinal fluid isn’t enough to keep your brain from slamming against the skull, and that WHAM of brain against skull bone can injure the brain.

From the Center for Disease Control regarding concussions:

A concussion is a type of traumatic brain injury, or TBI, caused by a bump, blow, or jolt to the head that can change the way your brain normally works. Concussions can also occur from a fall or a blow to the body that causes the head and brain to move quickly back and forth.

Health care professionals may describe a concussion as a “mild” brain injury because concussions are usually not life-threatening. Even so, their effects can be serious.

Danger Signs in Adults

In rare cases, a dangerous blood clot may form on the brain in a person with a concussion and crowd the brain against the skull. Contact your health care professional or emergency department right away if you have any of the following danger signs after a bump, blow, or jolt to the head or body:

Headache that gets worse and does not go away.
Weakness, numbness or decreased coordination.
Repeated vomiting or nausea.
Slurred speech.

The people checking on you should take you to an emergency department right away if you:

Look very drowsy or cannot be awakened.
Have one pupil (the black part in the middle of the eye) larger than the other.
Have convulsions or seizures.
Cannot recognize people or places.
Are getting more and more confused, restless, or agitated.
Have unusual behavior.
Lose consciousness (a brief loss of consciousness should be taken seriously and the person should be carefully monitored).

Danger Signs in Children

Take your child to the emergency department right away if they received a bump, blow, or jolt to the head or body, and:

Have any of the danger signs for adults listed above.
Will not stop crying and cannot be consoled.
Will not nurse or eat.

April is Sexual Assault Awareness Month, where every year since 2001, the National Sexual Violence Resource Center has promoted increased public awareness of sexual violence in this country, both to help injury victims and their families as well as to try and prevent future sexual violence.

Throughout the month of April, expect to learn about special events that focus upon aspects of sexual violence (preventation and treatment). This past Tuesday, for example, was the “day of action” for the NSVRC to get the word out about this growing, tragic national problem.

What is Sexual Violence?

Any sexual behavior that happens without the approval and consent of the victim is sexual violence.  This can be rape, attempted rape, forms of harassment, etc.  Victims can be harmed physically and psychologically.

Sexual violence can happen anywhere: at home, at school, at work.  In fact, the National Sexual Violence Resource Center reports that U.S. employees experienced 36,500 rapes and sexual assaults from 1993 to 1999.

Legal Protections for the Victims of Sexual Violence

Criminal laws are in place to protect victims of sexual violence as well as trying to prevent it from happening in the first place.  For those that unfortunately fall victim to sexual violence, there are also personal injury laws on the books that can act to help the victim and their families recover from this horrific event.  Not only can the perpetrator of the sexual violence be sued under a variety of civil tort laws, but other parties may also be legally responsible for the harm that has happened.

For example, a shopping mall may be held legally responsible for sexual violence that occurs in its parking garage with insufficient lighting.  Or, an employer may be held legally responsible for failing to deal with an employee known to have a history of sexual violence or inappropriate sexual behavior.

Sexual assault is a sensitive subject, and it can be that victims feel that pursuing legal remedies will only prolong the horror.  They may feel that moving forward by forgetting is the best course of action.  That may be true for some, but for other victims, it is important for them to be aware that there are civil laws available to them as well as criminal ones — all existing to serve justice.

Be careful out there.

In the Indiana news this week are all sorts of tragic cases involving serious injuries and even the death of someone’s child while they were away from home, at school, where parents had entrusted the school system and its teachers and staff with protecting their children and keeping kids safe. Aside from the all too common sporting injuries during practices and games, consider these events as reported in the local news media this week:

1. a former teacher (and now Bengals cheerleader) is accused of having a sexual relationship with a high school boy while she was acting in the role of teacher, she pled not guilty this week to pending criminal charges;

2. it has been announced that the Illinois State Crime Lab will release DNA test results of skeletal remains discovered in Newton are those of missing Indiana University student Lauren Spierer, who went missing on June 3, 2011, after last being seen when she was out with some friends.

3. yesterday, a former student returned to the campus of Oikos University and began shooting, killing 7 people and wounding 3 others.

Who Can Parents Hold Responsible For Serious Harm or Death of Their Child?

In every state in the United States, laws have been passed that not only establish school districts and public universities, but also set up financial protections for them including immunity from suit.  In other words, in some instances, parents will face defense claims of school immunity when they assert claims against those they argue are responsible for their child’s injuries and/or wrongful death.

With their attorney, they will need to analyze their particular situation.  First of all, school districts will be treated differently under the law than institutes of higher education.  Additionally, private institutions may have different treatment under the statutes than public ones. Finally, the type of injury may have a bearing on the claims that can be pursued and against whom they can be made.

Every personal injury lawsuit involves two basic duties:  to prove liability under the law and secondly, to prove damages (the harm that has happened and its consequences).  The defendant will attempt to narrow those damage claims by things like expert testimony on the scope of the injury and things like the estimated cost of the long term care or physical therapy needs.  The defendant will challenge the liability part of the case not only by pointing the finger at others (who was the true cause of the harm) but by trying to throw up a legal shield, if they can.

Exceptions to Immunity

One of these shields is immunity – which means that they are legally protected and not liable as a matter of law, even the plaintiff has an iron-clad case of liability and damages all ready to go before the jury.

If the defendant asserts immunity, is your case over?  No.

Under the law, there can be exceptions to immunity – times when immunity shields cannot be used.  Gross negligence is one example. Criminal acts are another.  What those exceptions will be depends upon the state and not only what its legislature has passed into law but what state and federal courts have held to be effective law in that state.  Federal constitutional protections (e.g., civil rights) can overpower and overrule the application of a state immunity law.

Other Avenues to Justice

Finally, there are other avenues to consider.  For example, in instances of private educational facilities, their insurance policies may cover the injuries that have been sustained by the child.   The teacher may be personally responsible if they have acted outside the scope of their employment (and for sure, the district or institution will be arguing this to be the case). Sometimes, broader legal arguments can be made, for example all school buses should have seat belts (which may include the bus manufacturer as a defendant) or the alarm failed to activate in a school shooting or fire (bringing in the alarm company and the manufacturer as additional defendants).

When your child has been seriously injured or killed while at school, then grieving parents need to investigate all their legal avenues for justice.  Not only for their child, but to protect children in the future from similar tragedies.  Sometimes, it is only the injury lawsuit that can bring real change in this country.

This week, the National Highway Traffic Safety Administration issued a Consumer Advisory regarding traveling in 15-Passenger Vans. As you’ll remember, a lot of national attention was brought on the dangers of these big vans on American roads after the horrific crash of a big rig into a family riding in a passenger van on the way to a family wedding. Eleven of those van passengers died that day.

That tragedy involving a highway crash of a 15-Passenger Van was determined to be caused by truck driver fatigue and not the van itself rolling over, however the dangers of these bulky vehicles on the road remains a real concern.  This isn’t news.

The 15-Passenger Van has been a source of concern by those in the know for a long time.

Why?  Filled with people, suitcases, ice chests, sporting equipment, etc., these 15-Passenger Vans have a problem with load weight and wheel balance.  They are at risk for ROLLOVERS.

One study shows that 74% of these 15-Passenger Vans are at risk for rollover because of tires not having the right amount of air inflation.  Another shows that these vans carry a greater risk of death or serious injury of the passengers because seat belts are not provided.   Others point to drivers being improperly trained on driving these vehicles;California has passed a law requiring a special license for those taking the wheel of a 15-Passenger Van.

For several years Public Citizen has been warning Americans about the problems of rollovers.  Public Citizen warns:

The high rollover propensity of 15-passenger vans is linked to the vehicle’s high center of gravity, which tends to increase and shift rearward as the vehicle is loaded with occupants and cargo. The rearward shift in the center of gravity decreases the van’s lateral stability and makes it prone to fishtailing. If loss of control occurs, the van’s high center of gravity may cause it to tip and rollover.

From Public Citizen, the following recommendations are made for anyone traveling in a 15-Passenger Van:

Ideally, you should take your 15-passenger van out-of-service and use a small school bus for group transportation.

Here is the March 22, 2012 NHTSA Consumer Warning:

NHTSA Offers Tips for Safe Travel in 15-Passenger Vans

For Immediate Release / March 22, 2012
Contact: Derrell Lyles, 202-366-9550

WASHINGTON, DC – As the spring driving season gets under way, the National Highway Traffic Safety Administration (NHTSA) is urging colleges, church groups, and other users of 15-passenger vans to take specific steps to keep drivers and passengers safe — including buckling up every trip, every time.

Recognizing that 15-passenger vans are particularly sensitive to loading, the agency warns users never to overload these vehicles under any circumstances. NHTSA research shows overloading 15-passenger vans both increases rollover risk and makes the vehicle more unstable in any handling maneuvers.

Tire pressure can vary on front and back tires that are used for 15-passenger vans. This is why the agency urges vehicle users to make certain the vans have appropriately-sized and load rated tires that are properly inflated before every trip. Taking into account the fact that tires degrade over time, NHTSA recommends that spare tires not be used as replacements for worn tires. In fact, many tire manufacturers recommend that tires older than 10 years not be used at all.

Following are safety tips for anyone planning a trip in a 15-passenger van:

Never overload the vehicle.
If you are a passenger, make sure you buckle up for every trip.
If you are an owner, make sure the vehicle is regularly maintained.
Owners should have suspension and steering components inspected according to the manufacturer’s recommended schedule and replace or repair these parts as necessary.
Owners should ensure that vehicles are equipped with properly sized and load-rated tires.
Owners should also make sure drivers are properly licensed and experienced in operating a 15-passenger van.
Before every trip, drivers should check the tires for proper inflation, and make sure there are no signs of wear or damage. Correct tire size and inflation pressure information can be found in the owner’s manual and on the door pillar.

Be careful out there. These 15-Passenger Vans can be seen on the roads of Indiana and Illinois, and they are sold with a flourish at local dealerships to all sorts of groups. These vans are dangerous in the way that they are made. Use with care.

This week, here in Indianapolis we are still in shock and sadness over the news story from March 12, 2012, where an Indianapolis school bus crashed into an overpass pillarkilling both the driver and a five year old child with a little boy leaving the scene in critical condition.

However, the national media coverage has fallen back in the news coverage of the Indianapolis school bus crash to yesterday’s tragic Florida school bus crash as a nine year boy died and five others left the scene in critical condition yesterday after the Florida bus driver turned the bus directly into the path of a semi big-rig truck that was carrying a load of sod.  Florida Highway Patrol officials have cleared the truck driver of wrongdoing.

Elsewhere yesterday, there was also a New Jersey school bus crash where a car slammed into a Vineyand school bus as the bus sat at an intersection.  Fortunately, no child died in this crash and another one in Ohio, where an Ohio school bus crash happened yesterday in a similar accident as a Honda Accord collided with the school bus, wedging itself under the bus’ gas tank.  Again, while some children (and the bus driver) were injured, no one died in the Ohio bus accident.

If you’re counting, that’s four school bus crashes making the national news in two weeks’ time – and that’s not all of them.  Surf for yourself, and you’ll read about school bus accidents happening all over this country.

Do School Buses Need More Safety Features for Kids?

Sure, school buses have to pass inspections and bus drivers have to have proper licenses.  However, is that enough?  Right now, the National Highway Traffic Safety Administration (NHTSA) takes the position that the interior of school buses provides a safe environment for children (and drivers) because they have special lights, they have reinforced sides, and they are painted bright colors. The federal agency also opines that school buses are the safest way to get kids to and from school.

What about seat belts?  The NHTSA gives the following answer to the question of why aren’t there seat belts on school buses as follows:

Seat belts have been required on passenger cars since 1968. Forty-nine States and the District of Columbia have enacted laws requiring the wearing of seat belts in passenger cars and light trucks. There is no question that seat belts play an important role in keeping occupants safe in theses vehicles, however school buses are different by design and use a different kind of safety restraint system that works extremely well.

Large school buses are heavier and distribute crash forces differently than do passenger cars and light trucks. Because of these differences, the crash forces experienced by occupants of buses are much less than that experienced by occupants of passenger cars, light trucks or vans. NHTSA decided that the best way to provide crash protection to passengers of large school buses is through a concept called “compartmentalization.” This requires that the interior of large buses provide occupant protection such that children are protected without the need to buckle-up. Through compartmentalization, occupant crash protection is provided by a protective envelope consisting of strong, closely-spaced seats that have energy-absorbing seat backs.

Small school buses (with a gross vehicle weight rating of 10,000 pounds or less) must be equipped with lap and/or lap/shoulder belts at all designated seating positions. Since the sizes and weights of small school buses are closer to those of passenger cars and trucks, seat belts in those vehicles are necessary to provide occupant protection.

School bus crash data show that compartmentalization has been effective at protecting school bus passengers. NHTSA’s 2002 Report to Congress[1] found that the addition of lap belts did not improve occupant protection for the severe frontal impacts that were studied for that report.

The National Transportation Safety Board (NTSB) and the National Academy of Sciences (NAS) have come to similar conclusions. The NTSB concluded in a 1987 study of school bus crashes that most fatalities and injuries occurred because the occupant seating positions were in direct line with the crash forces.[2 NTSB stated that seat belts would not have prevented most of the serious injuries and fatalities from occurring in school bus crashes. In 1989, the NAS completed a study of ways to improve school bus safety and concluded that the overall potential benefits of requiring seat belts on large school buses were insufficient to justify a Federal mandate for installation.[3] NAS also stated that the funds used to purchase and maintain seat belts might be better spent on other school bus safety programs and devices that could save more lives and reduce more injuries.

Not everyone agrees with this.  You may not.  And the American Academy of Pediatricsdoes not, either. There’s even a national organization that is pushing for better school bus safety, including the use of safety belts in school buses, the National Coalition for School Bus Safety.

Here’s the thing.  Maybe the real question isn’t whether school buses need to be safer but instead who is going to pay for the seat belts and other safety features.  Because right now, children are being injured and killed on school buses in this country and parents are being faced with not only this crisis and tragedy but the fight for justice in a personal injury or wrongful death lawsuit.   For some, it may be seen as financially savvy to balance those injury claims against the cost of implementing statewide safety features.

Children are at risk.  Be careful out there.

Lexapro is regularly being seen in courtrooms across the country as the basis for serious personal injury claims involving children being born with birth defects – their entire lives impacted by this drug – because, the plaintiffs argue, taking Lexapro during pregnancy under a doctor’s prescription to combat depression has permanently injured the unborn child.

Across the country, mothers who trusted their health care providers and the nation’s drug companies are giving birth to babies suffering from birth defects like:

• spina bifida – the backbone and spinal canal do not close before birth;
• cleft lip and palette - during the early stages of pregnancy, the baby’s roof of the mouth does not join in the normal way. The lip is sometimes cleft as well as the palate; and
• club foot – foot turns inward and downward at birth, and is difficult to place in the correct position. The calf muscle and foot may be slightly smaller than normal.

Meanwhile, one company is making news on Wall Street because it’s putting its generic version of Lexapro out in the marketplace (read that as competition for the Lexapro meds out there already) and Forest-Janssen, the company that gave us Lexapro in the first place may get hurt by the generic competition because Lexapro has been its big moneymaker.

Meanwhile, what is the Food and Drug Administration doing about Lexapro and these babies?  The FDA has okayed spreading Lexapro even further through our country by giving a big thumbs up to the generic version being marketed here.  From the Food and Drug Administration:

FDA NEWS RELEASE

For Immediate Release: March 14, 2012
Media Inquiries: Sandy Walsh, 301-796-4669, sandy.walsh@fda.hhs.gov
Consumer Inquiries: 888-INFO-FDA

FDA approves first generic Lexapro to treat depression and anxiety disorder

The U.S. Food and Drug Administration today approved the first generic Lexapro (escitalopram tablets) to treat both depression and generalized anxiety disorder in adults.

Depression is characterized by symptoms that interfere with a person’s ability to work, sleep, study, eat, and enjoy once-pleasurable activities. Episodes of depression often recur throughout a person’s lifetime.

Signs and symptoms of major depression include: depressed mood, loss of interest in usual activities, significant change in weight or appetite, insomnia or excessive sleeping (hypersomnia), restlessness/pacing (psychomotor agitation), increased fatigue, feelings of guilt or worthlessness, slowed thinking or impaired concentration, and suicide attempts or thoughts of suicide.

People with generalized anxiety disorder (GAD) are filled with exaggerated worry and tension, even though there is little or nothing to provoke it. They anticipate disaster and are overly concerned about health issues, money, family problems, or difficulties at work. GAD is diagnosed when a person worries excessively about a variety of everyday problems for at least six months. People with GAD can’t relax, startle easily, and have difficulty concentrating.

“These psychiatric conditions can be disabling and prevent a person from doing every-day activities,” said Janet Woodcock, M.D., director of the FDA’s Center for Drug Evaluation and Research. “This medication is widely used by people who must manage their condition over time, so it is important to have affordable treatment options.”

Teva Pharmaceutical Industries/IVAX Pharmaceuticals gained FDA approval to market generic escitalopram in 5 milligram, 10 mg, and 20 mg strengths.

In the clinical trials for Lexapro, the most commonly observed adverse reactions were: sleeplessness (insomnia), ejaculation disorder, nausea, increase in sweating, fatigue and drowsiness, and low sex drive (decreased libido).

Escitalopram and all other antidepressant drugs have a boxed warning and a patient medication guide describing the increased risk of suicidal thinking and behavior in children, adolescents, and young adults ages 18 to 24 during initial treatment.

The warning also says data did not show this increased risk in those older than 24 years and that patients ages 65 and older who take antidepressants have a decreased risk of suicidal thinking and behavior. The warning says depression and other serious psychiatric disorders themselves are the most important causes of suicide and that close monitoring of patients starting these medications is necessary.

Teva has been granted a 180-day period of generic drug exclusivity, which means that FDA cannot approve another generic version of escitalopram tablets before the end of that period. Generic drugs approved by FDA have the same high quality and strength as brand-name drugs. The generic manufacturing and packaging sites must pass the same quality standards as those of brand-name drugs.

Information about the availability of generic escitalopram can be obtained from Teva.

Bottom line: Don’t trust drugs as being safe just because a doctor says they’re just the thing for you!  Drugs are simply products sold for profit in this country. Be careful.  And, if you or a loved one has been harmed by Lexapro or another dangerous drug, contact anexperienced personal injury attorney and learn if a law firm with know how with dangerous drug law suits may be able to help you with claims against the drug manufacturers, your doctors, or others who may be responsible for harm to your baby.  No, you cannot sue the FDA.

On March 15, 2012, the American Trucking Association (ATA) filed its Statement of Issues with the U.S. Court of Appeals for the District of Columbia Circuit, arguing that the Hours of Service (HOS) rule issued by the Federal Motor Carrier Safety Administration (FMCSA) should be overturned by the federal court as being “arbitrary and capricious.”

In its argument, the ATA points the finger at 4 places in the FMCSA HOS Rule that it argues fail the necessary legal requirements for administrative agency regulation of trucking activities. Read the FMCSA HOS Rule here (76 Fed. Reg. 81134).

The American Trucking Association is challenging the Final Rule because of the following:

1. changes to the restart provision requiring that it include two consecutive periods between 1 a.m. and 5 a.m.;
2. limits on the frequency with which a driver may use the restart;
3. the requirement that a mandatory 30-minute break from driving also exclude all other on-duty activity; and
4. narrowing—without prior notice—certain exceptions to drive-time regulations for local delivery drivers.

Here is the official summary of the new rule:

SUMMARY: FMCSA revises the hours of service (HOS) regulations to limit the use of the 34-hour restart provision to once every 168 hours and to require that anyone using the 34-hour restart provision have as part of the restart two periods that include 1 a.m. to 5 a.m. It also includes a provision that allows truckers to drive if they have had a break of at least 30 minutes, at a time of their choosing, sometime within the previous 8 hours. This rule does not include a change to the daily driving limit because the Agency is unable to definitively demonstrate that a 10-hour limit—which it favored in the notice of proposed rulemaking (NPRM)—would have higher net benefits than an 11-hour limit. The current 11-hour limit is therefore unchanged at this time. The 60- and 70-hour limits are also unchanged. The purpose of the rule is to limit the ability of drivers to work the maximum number of hours  currently allowed, or close to the maximum, on a continuing basis to reduce the possibility of driver fatigue. Long daily and weekly hours are associated with an increased risk of crashes and with the chronic health conditions associated with lack of sleep. These changes will affect only the small minority of drivers who regularly work the longer hours.

Read the ATA’s Statement of Issues as it has been filed in federal court online here.

For the long trek that the Hours of Service Rule has taken over the past several years, read our prior posts here.

It’s predicted that the number of people choosing to travel by air will double in the next 20 years with a steady increase in the number of airline passengers beginning this year (2012) and just going up each year after that; moreover, companies using air freight lines to move cargo across the country is also going to skyrocket, all according to the Federal Aviation Administration:

According to the forecast, the total number of people flying commercially on U.S. airlines will increase by 0.2 percent to 732 million in 2012, then to 746 million in 2013, and then increase more rapidly to 1.2 billion in 2032. The aviation system is expected to reach one billion passengers per yearin 2024.

Cargo traffic on U.S. airlines, as measured by Revenue Ton Miles (RTMs – one ton of cargo flying one mile) is projected to more than double over the course of the forecast, growing at an average rate of 4.9 percent per year. The forecast also notes that in 2011, the average percent of occupied seat miles per plane on commercial flights reached a record level of 82 percent. These load factors are expected to reach an average of 83.4 percent in 2032.

What About Safety Concerns with This Increase in Air Travel?  Is It Dangerous to Fly on US Commercial Airlines?

Americans still have solid memories of 9-11 which are refreshed with every TSA security measure at the local airport, however most airlines will purport to having extreme safety measures in place for their passengers, crew, and cargo.  Some will point to the fact that the United States has not suffered a big plane crash with people dying in horrific airline accidents for several years now.  Others will counter that it’s happening in other parts of the world, and that the clock is ticking on the inevitability of another big U.S. plane crash.

We’ll hope for the best, knowing how wicked these airline crashes are, and keep a wary eye on airline safety measures.  And, it is interesting to note that the FAA has just released its news that FAA air traffic controllers, radar techs, and other FAA employees who report mistakes being made either by themselves or others will be protected from retaliation or punishment for speaking up.

It’s part of the Federal Aviation Administration’s new “safety culture” — which suggests that there is a movement to boost safety (and therefore, lessen danger) through this change in tactics on how to deal with whistleblowers within the agency.

Good thing, since it’s also being reported that errors are on the rise:  planes narrowly missing each other because of air traffic controller mistakes are especially scary.  According to the FAA, controller errors increased 81 percent from 2007 through 2010.

With the new federal regulations going into effect in 2012 that are fighting against distracted driving of commercial vehicles, it makes sense that products would be developed to help enforce those new federal requirements.

And from a legal take on things, it’s something to help the trucking industry meet its legal duty to keep everyone as safe as possible on the roads that are shared with the huge, heavy big rigs, semis, and tractor trailers that are rolling along at very high speeds.

For example, there are new federal regulations that make it illegal for a commercial truck driver (be it a bus, big rig, delivery van, semi, tractor trailer or other big truck) to use a cell phone with their hands to either talk or text.

No phone should be held by a truck driver moving his vehicle down the road, bottom line.

For more details on these federal regulations, check out our earlier posts and read the Final Rule for Drivers of CMVs: Restricting the Use of Cellular Phones, 49 CFR Parts 177, 383, 384, 390, 391, and 392.

This week, a company named ZoomSafer announced its FleetSafer(R) Mobile safe driving software, proclaming it to be the company’s patented software that offers trucking companies the only distracted driving product that can make sure that drivers are in compliance with the new Federal Motor Carrier Safety Administration’s (FMCSA) guidelines on hand-held mobile phone use while driving a commercial vehicle.

Will This Keep Truck Drivers From Using Their Cell Phones? The New FleetSafer Mobile with SafeDial(TM)

What they are offering is software that goes onto the truck driver’s smartphone. This new FleetSafer Mobile software will then stop any calls from going out or coming into the phone as well as blocking texts and emails (in or out) as long as the truck is being driven.

“The FMCSA’s ban on hand-held use of mobile phones while driving is an important step forward in solving the serious issue of distracted driving, but the rule provides employers with no guidance on how to foster employee compliance,” said ZoomSafer CEO Matt Howard. “This latest enhancement to our FleetSafer Mobile safe driving software provides corporate fleet operators with a simple, affordable way to promote safe, legal and FMCSA-compliant use of mobile phones while driving.”

Step in the Right Direction But Not a Total Solution

Having commercial truck fleets require their truckers with smartphones to install this software on their smartphones sounds good.  It’s definitely a step in the right direction to keep the roads safe.  However, the software only applies to smartphones, not all cell phones.  This isn’t going to halt all distracted phone use by truck drivers.

March is Brain Injury Awareness Month, and it is a very good thing that there are both national and state (Illinois, Indiana) campaigns working hard to make more parents, spouses, coaches, supervisors, workers, and the public at large aware of how severe and permanent brain injuries can happen before anyone is really aware that a serious injury has hurt someone and impacted their future.

From the Center for Disease Control, each year in the United States:

• 52,000 die from a traumatic brain injury,
• 275,000 are hospitalized, and
• 1.365 million, nearly 80%, are treated and released from an emergency department.
• TBI is a contributing factor to a third (30.5%) of all injury-related deaths in the United States.
• About 75% of TBIs that occur each year are concussions or other forms of mild TBI.

And the scariest fact from the CDC: the number of people with TBI who are not seen in an emergency department or who receive no care is unknown.

As personal injury attorneys representing people who have been seriously injured – or loved ones seeking justice for an accident victim’s wrongful death – all too often, the injuries that have formed the basis of the case involve traumatic brain injuries. It is sad but true that brain injuries which are very damaging and sometimes fatal go unnoticed at first, especially among children and infants.

No accident or injury where the head is involved should go unnoticed.  Be on the safe side and get medical attention.  Learn more about how vulnerable the head and brain are to injury and protect yourself and your loved ones … on the job, at school, and at home.

Drugs are products that harm people in this country just like any other good that is sold for profit, and we monitor prescription drugs and both the FDA and Big Pharma here and post periodically about the dangers facing Americans today as they take drugs prescribed by doctors and dispensed at hospitals, clinics, dentists as well as at pharmacies and drug stores.

We will continue to do that, of course, but investigative journalist Hansen is doing much more: in a series of stories detailing his extensive investigation into Big Pharma and thedangers of prescription drugs, Chris Hansen at Dateline NBC has discovered important information that everyone in this country should know.

Go here to view all his videos from The Hansen Files here (it’s a six part series).

Consider this: the drugs that go before the FDA for approval are supposed to be extensively tested. First, in labs. Then, on animals, Finally, on humans who agree to be testing subjects on these not-yet-approved drugs. These are called “drug trials,” and you may have seen advertisements asking people to participate.

Which brings us to drug trial outsourcing to foreign countries. Outsourcing jobs in various industries to India and other countries isn’t just popular for car makers or even law firms, now it’s commonplace for Big Pharma to outsource their drug trials.

Why? It’s cheaper to have drug trials overseas, the human subjects don’t ask for as much money to take the risk. Also, the other countries don’t regulate the drug trials like the United States requires. This is very helpful because what happens is that Big Pharma signs a contract with the foreign company to do the drug trial.

Big Pharma just pays money and gets test results. Running those tests, gathering those subjects, and (here’s the key) vetting those subjects will be done by the foreign firm under foreign law. Bingo.

What this means to you, and you really need to watch Hansen’s report for details here, is that the drugs that the Food and Drug Administration has approved for your use may have had approval based upon overseas drug trials that aren’t trustworthy.

Sometimes the overseas drug trials have people who don’t tell the truth to the company, getting into trials because they are desperate for cash. Other times, they sign up for several overlapping trials, because again they need the money and they aren’t concerned about their health risks or how the dovetailing tests might scew results – they need cash for basic things like food for their children.

Bottom line: not only can we not trust drugs that have not been okayed by the FDA, it’s becoming more and more apparent that we cannot trust drugs that HAVE been approved by the FDA.

Be careful out there and if you or a loved one believes that a drug might be harmful in some way, go see your physician immediately. People die and suffer serious injury from prescription drugs everyday.

We have been monitoring the case where U.S. District Judge Richard Leon has been presiding over the fight between the Food and Drug Administration (“FDA”) and the five biggest tobacco-making companies in the United States (“Big Tobacco”): Commonwealth Brands, Inc.; Liggett Group, LLC; Lorillard Inc; R.J. Reynolds Tobacco Co., and Santa Fe Natural Tobacco Company Inc.

Read our November 2011 post here, where we predicted that just as Judge Leon ordered an injunction on the graphic labels being placed on cigarette packaging as the FDA wanted, Judge Leon would grant the Big Tobacco request for a judgment that blocked the FDA’s attempts to put graphic images with clear text defining the dangers of humans using tobacco products.

Cruise through a slide show of these graphic images at the FDA website.

Yesterday, the federal judge granted a summary judgment in favor of the big tobacco companies. The FDA lost. For now, there will be no new regulations mandating these new, powerful graphic labels being placed upon U.S. cigarette packages.

Read the full text of the Judge’s summary judgment in Cause No. 11-1482 before the United States District Court for the District of Columbia here.