Arkansas Personal Injury Blog

Toyota Sudden Acceleration Danger

Frank Bailey — Mon, 26 Oct 2009 10:30:53 GMT

Sudden acceleration of Toyota vehicles presents a present danger to the American public. In a recent series of sudden acceleration cases it has become apparent that floor mats have caused a number of unintended accelerations accidents.

Toyota has recalled the floor mats. In announcing the recall Toyota stated, “Recent events have prompted Toyota to take a closer look at the potential for an accelerator pedal to get stuck in the full open position…A stuck open accelerator pedal may result in very high vehicle speeds and make it difficult to stop the vehicle, which could cause a crash, serious injury or death.”

But, there may be an even more insidious danger…the electronic throttle control in the Camry, Camry Solara, Lexus ES 300 and ES 330s, Sienna, Tacoma and RAV4 vehicles beginning in the 2002 model year. When Toyota installed a new electronic throttle control for these vehicles, the number of unintended accelerations reported has increased.

NHTSA has received over 100 reports of incidents where the accelerator in Toyota vehicles has become stuck.

If you have one of these vehicles, it is critical you observe the recall of the floor mats. If you experience a sudden unintended acceleration, what can you do to avoid a crash? I welcome input from those of you who know more about what to do than I do. It seems to me that fast clear thinking without panic while applying the foot brakes, taking the vehicle out of drive and putting it into neutral, and finally turning off the ignition might prevent injury or death in these types of cases…

Originally posted at InjuryBoard by Frank Bailey

Dangerous ATVs

Sach Oliver — Fri, 23 Oct 2009 12:34:20 GMT

Unsafe ATVs

ATV’s are useful tools. Whether you are a farmer, hunter, or trail rider, these vehicles can make your recreation or work more enjoyable. However, these vehicles can sometimes be unsafe. In fact, on March 31, 2009, the United States Consumer Product Safety Commission issued a warning that the 450, 660, and 700 models of Yamaha’s Rhino off-road vehicles need certain upgrades in order to ensure that they are safe.[1] The company has agreed to do a free repair program to address the problems with the vehicle. Furthermore, Yamaha agreed to suspend the sale of the models until repairs were made. The repairs are in an effort to reduce the risk of rollover for these vehicles. The repairs include: 1) installation of a spacer on each of the rear wheels and 2) removal of the rear anti-sway bar. Both Yamaha and the CPSC suggest that these vehicles should not be operated until these repairs are made.

The CPSC has investigated 50 incidents involving the Yamaha Rhino, with reports of 46 driver and passenger deaths.[2] Of these incidents, two-thirds have involved rollovers with unbelted drivers and/or passengers.[3] What is even more shocking is the fact that many of these rollovers have occurred on turns at relatively low speeds on level terrain. The Rhino also has been involved many accidents that did not kill, but mangled those who were injured.[4]

Sadly, one such rollover accident involving the Yamaha Rhino killed a 31-year-old man and injured five children under the age of 9.[5] It is always a tragedy when people are killed or injured because of unsafe products. If you own one of these Yamaha Rhinos, by all means, please go get the safety upgrades for it. Also, look at the websites below, one of which contains some video showing how easily this machine turns over.

[1] “Yamaha Motor Corp. Offers Free Repair For 450, 660, and 700 Model Rhino Vehicles
CPSC advises consumers not to use the off-road vehicles until repaired” available at: http://www.cpsc.gov/cpscpub/prerel/prhtml09/09172.html, (accessed October 22, 2009).

[2] Id.

[3] Id.

[4]“Yamahas Rhino: For Some a Deadly Ride” available at: http://www.cbsnews.com/stories/2009/08/04/cbsnews_investigates/main5213784.shtml, (accessed October 22, 2009).

[5] “Garden Grove Man Killed, 5 Children Injured in Off-Road Crash,” available at: http://www.ocregister.com/articles/old-year-children-2429745-officials-broken, (accessed October 22, 2009).

Originally posted at InjuryBoard by Sach Oliver

Physician Well-Being Equals Patient Well-Being

Sach Oliver — Tue, 20 Oct 2009 17:26:39 GMT

Physician Well-Being Equals Patient Well-Being

We’ve all been there. You’re so tired and burned out from a day’s work that you all you can think about is making to the end of the day so you can go home and finally relax. Perhaps you’ve even noticed that your work quality tends to slip once you reach this point. Well, doctors are no different. They put in many hours for their profession, and there is no doubt that they too, suffer from burnout and fatigue.

Studies show that doctors who suffer from fatigue and burnout are more likely to make errors in their work.[1] Based on surveys given to doctors, the study found that for every point increase in a doctor’s fatigue score, he or she was 14% more likely to commit a medical error.[2] Further, for every point increase in a doctor’s sleepiness score, he or she was 10% more likely to commit a medical error.[3]

This can be likened to the controversy a few years ago about pilot fatigue. The gist behind that ordeal was that tired pilots can be dangerous. The same can be said for doctors. Many times, they help us co-pilot our body, and keep it going in the right direction. If they suffer from fatigue and burnout, they are more likely to commit errors that can be very costly.

The services that doctors provide to us are invaluable. Just like many people, when they are at their peak, you could not ask for better service. However, if the next time you are in to see the doctor, you see dark circles under his/her eyes, you might want to wait until they have had a nap. Better yet, go see them after a long vacation.

[1] “Tired, Stressed Docs Make More Mistakes, Study Finds,” available at: http://www.ajc.com/health/content/shared-auto/healthnews/docs/631236.html. (accessed September 24, 2009).

[2] Id.

[3] Id.

Originally posted at InjuryBoard by Sach Oliver

Swine Flu Shots...Are The Shots Dangerous?

Frank Bailey — Sun, 11 Oct 2009 17:25:41 GMT

Rush Limbaugh says he is not taking a swine flu shot. He is a smart man. In today’s Arkansas Democrat Gazette Mike Masterson wrote an excellent article about the dangers of the shot. Should we trust our government about this? I’m not sure…

Apparently there are concerns about the mercury, aluminum and squalene contained in the shots. Are these compatible with good health? We should ask, who is making money from the shots? Are they willing to put our health at risk?

As Mr. Masterson writes, “[I]t’s hard to know what is best for us and ours. Do we risk a three day bout in bed with influenza or take this vaccine that may or may not have dire health implications now or in the future?”

If our government is willing to put caps on damages for medical malpractice to appease the insurance industry, and grant immunity to corporations if the swine flu shots cause injury, why should we trust our government about the safety of this vaccine?

I urge everyone to research this issue and not just follow the herd.

Originally posted at InjuryBoard by Frank Bailey

The Negligent Doctor Protection Act

Frank Bailey — Sat, 10 Oct 2009 14:57:11 GMT

New efforts by the insurance industry to transfer the cost of caring for catastrophically injured Americans to taxpayers have surfaced. If the insurance industry is successful in its efforts to limit jury verdicts, it will no longer have to worry about insuring negligent doctors. Why? Because the taxpayers will pick up the tab for the doctor’s negligence. How will this work? Suppose a child suffers a brain injury due to the negligence of a physician. Who is going to pay for the cost of caring for that child for life with caps on damages…the taxpayers. Why? Because with a cap on the amount of money that child can receive for the human damages, there will not be enough money to provide for the care and assistance that child will need over a lifetime…The cap will only hurt catastrophically injured children and adults, but it will be devastating for them. I always though America took care of its sick and injured, but the insurance industry is trying to change that so it can make even higher profits…

Let’s look at what the Congressional Budget Office said Friday. A cap on pain and suffering damages would result in $4.1 billion a year saved out of a $2.5 trillion a year expenditure. I may be wrong in my division, but I believe that is less than one tenth of one percent savings. Is that worth transferring the care of the sick and injured away from the wrongdoer to the taxpayers. I think not.

We have to put a stop to this charade before someone in our community or family is caught up in the greed of the insurance industry. Contact your Senators and Congressmen and tell them to vote no to caps on jury verdicts.

Originally posted at InjuryBoard by Frank Bailey

Recall - Children's and Infants Liquid Tylenol

Chrissie Cole — Wed, 30 Sep 2009 13:26:00 GMT

Certain lots of Children’s Liquid Tylenol Products have been voluntarily recalled because they may have bacterial contamination.

One of the inactive ingredients tested positive for B. cepacia. However, bacteria were not found in the finished product. While the risk of a serious medical event is minimal, the company decided to recall the products as a safety measure.

According to the CDC, B. cepacia is the name for a group or “complex” of bacteria that can be found in soil and water which is often resistant to common antibiotics.

The following brands are included in the recall: Children’s Tylenol Suspension 4 ounce Strawberry, Children’s Tylenol Pediatric Suspension 1 ounce Cherry, and Infant’s Tylenol Suspension Drops ½ ounce Grape.

Consumer Information: Contact Johnson & Johnson’s McNeil unit at 1-800-962-5357 with further questions.

All 21 recalled Tylenol products and their corresponding lot numbers.

Originally posted at InjuryBoard by Chrissie Cole

Nursing Homes In Arkansas

Sach Oliver — Tue, 29 Sep 2009 09:00:00 GMT

Many people dream of the “Golden Years,” when they will be able to retire and reap the fruits of many hard years of labor. Unfortunately, many people are forced for various reasons into nursing homes where they are under supervision in order to promote their well-being.

This is not the ideal situation many had planned for the latter part of their life. While this is sad enough in itself, what compounds the problem is the fact that many nursing homes provide woefully inadequate service to their patrons. Sadly, the majority of nursing homes in this state fail to meet federal standards for adequate care.[1]

In 2003, over 90% of Arkansas nursing homes violated federal health standards.[2] Furthermore, one-third of these nursing homes had violations that caused actual harm to patrons or placed them in danger of death or serious injury.[3] The violations in Arkansas nursing homes varied. However, in failing to meet standards for adequate care, nursing homes were cited for failing to provide proper medical care, including failure to prevent and treat pressure sores, failing to ensure that residents receive adequate nutrition and hydration, and for failing to prevent abuse, mistreatment, and neglect of residents.[4] Compounding these problems is the fact that 92% of nursing homes in Arkansas failed to meet minimum staffing levels.[5]

Only 13 nursing homes in Arkansas in 2003 were found to be in full or substantial compliance with federal health requirements.[6] Given these facts, it is disconcerting to realize that the study conducted in Arkansas may not fully disclose the extent of the problem. The study mentioned that “one-third of state inspections occurred on a predictable schedule.”[7] Because of this, homes had adequate notice to “conceal problems if they chose to do so.”[8]

Many of us have had to go through the situation of putting a loved one in the nursing home. This is a sad situation, because we know that this is not the way that our loved one wanted to spend the rest of their life. In insuring that this sad situation is not made worse through inadequate care, it is important that one remain abreast of the facts about nursing home care in this state. Further, we should make frequent visits to our loved ones to ensure that they are receiving adequate care. No one should spend his or her “Golden Years” in neglect.

[1] “Nursing Home Conditions in Arkansas: Many Nursing Homes Fail to Meet Federal Standards for Adequate Care,” available at http://oversight.house.gov/documents/20040624112120-66634.pdf, (accessed September 27, 2009).

[2] Id.

[3] Id.

[4] Id. at 2.

[5] Id. at 3.

[6] Id. at 10.

[7] Id. at 11.

[8]Id.

Originally posted at InjuryBoard by Sach Oliver

Hazing

Sach Oliver — Mon, 28 Sep 2009 18:27:56 GMT

Hazing

School has officially started back, and most students have been back to the grind for almost a month now. Many college students decide during their first year of college to become part of Greek and various other organizations. Most of these organizations provide students with great opportunities to make life-long friends. There are however, uglier sides to some of these organizations, discovered when it is time to initiate new members. Watching a movie such as Old School makes such activity seem comical, but outside of a Hollywood college campus, hazing activities can, and often do take dangerous turns.

Approximately 55% of college students involved in clubs, teams, and organizations experience hazing.[1] Hazing activity includes alcohol consumption, humiliation, isolation, sleep-deprivation, and sex acts.[2] Some of these activities simply involve what most would simply call mischief, while some of these activities are downright dangerous. For example, 12% of students hazed drink alcohol to the point of getting sick or passing out, and 26% participate is some kind of drinking game.[3] Further, 11% of those hazed are required to deprive themselves of sleep.[4] While such activities are dangerous on their own, these statistics do not take into account the number of students who get behind the wheel of a car while in a drunken or sleep-deprived state as a result of taking part in hazing activities. Some initiates even endure harsh weather conditions without appropriate clothing.[5]

While activities like those listed above can have dangerous consequences, so can seemingly less dangerous activities. Take for example, Matthew Carrington, a Chi Tau pledge at Chico State University who died in 2005 as a result of hazing activities.[6] Matthew did not die from drinking too much alcohol. Instead, he died from water intoxication that caused the swelling of his brain and lungs, after he and another pledge were ordered to drink from a five-gallon jug of water that was continually refilled.[7] His death was the result of a pointless initiation activity that included among other things exercising in raw sewage.[8]

While studies show that hazing is a common activity, it is imperative that the dangers of this activity are understood. Young adults should not be injured nor have their lives ended abruptly because of such senseless behavior.

[1] “Hazing in View: College Students at Risk,” available at http://www.hazingstudy.org/publications/hazing_in_view_web.pdf, (accessed September 16, 2009).

[2] Id.

[3] Id.

[4] Id.

[5] Id.

[6] Elaine Korry, “A Fraternity Hazing Gone Wrong,” available at http://www.npr.org/templates/story/story.php?storyId=5012154, (accessed September 16, 2009).

[7] Id.

[8] Id.

Originally posted at InjuryBoard by Sach Oliver

“It’s Not a Tumor!”: Cell Phone Use and Brain Cancer

Sach Oliver — Mon, 28 Sep 2009 09:00:00 GMT

For those of you who cannot reference this title check out this link first (http://www.youtube.com/watch?v=8xqZnmESuiw&feature=related). In this clip, the Governator himself seems to be echoing the sentiment of the cell phone industry. The convenience of cell phones has caught on with a rapid pace in our society. It used to be that you only witnessed busy professionals jabbering away on cell phones. Today however, kids in elementary school are carrying them around, talking and texting their way through the day.

All along, the safety of cell phones has been studied, often with the results ending in the same “inconclusive” category. All the while, cell phone companies insist that their products are safe. A recent report entitled “Cellphones and Brain Tumors: 15 Reasons for Concern,” suggests that regular cell phone use can “result in a “significant risk of brain tumors.”[1] Despite this, there is no real conclusive evidence that one can point to in order to say whether cell phone use is directly related to brain tumors.

There is concern however, with the “biological effects resulting from electromagnetic radiation” on a person.[2] Noted, is the “higher risk of brain tumors for people who use a cell phone for at least 10 years and who typically hold the device to the same side of their head.”[3]

However, as noted, “there are gaps in knowledge that have been identified for further research to better assess health risks.”[4] This is a very interesting topic to ponder. The more our society turns to the use of cell phones, the more we are likely to find out about the health risks resulting from their use. If masses of people continue using this method of communication, data will be more prevalent, thus, easier to obtain. This is sure to be an emerging issue over the next 5-10 years, and one which warrants our full attention. I encourage you to read the David Lazarus article linked below.

[1] David Lazarus, “Cellphones and Brain Tumors: Report Revives Nagging Questions,” available at http://www.latimes.com/business/la-fi-lazarus9-2009sep09,0,7825195.column?track=rss, (accessed September 27, 2009).

[2] Id.

[3] Id.

[4] Id.

Originally posted at InjuryBoard by Sach Oliver

Protecting Our Children Part II

Sach Oliver — Wed, 16 Sep 2009 09:00:00 GMT

In my previous entry, I covered some general toy buying tips that people should consider before buying toys for their children. Today I would like to discuss a few of the more popular yet dangerous toys that you are likely to encounter in the marketplace.

Crash and Burn

If you have a child who is into things that fly, you may want to take a look at what runs their toy planes and helicopters. The Air Hogs RC Helicopters contain lithium ion and lithium polymer batteries that can burst into flames or explode of not handled correctly or are not charged with precision.[1]

Magnetic Earrings

I briefly mentioned this in my last entry. If a child swallows one of the small magnets in this product, the consequences can be very unfortunate.[2]

Phthalates ?

What in the world are Phthalates you may ask? These are chemicals used in everything from children’s makeup sets to bath toys and teething rings.[3] They are often used in children’s toys in order to make them soft and flexible.[4] The problem however, is that these chemicals have been proven to pose risks to children’s reproductive and endocrine systems.[5]

The Buzz about Dora the Explorer

Dora is a sensation with children, and you can even purchase a Dora lamp for your child. There is a potential problem with this though. A young child may mistake the lamp as a play toy, and if the lamp is plugged in, this exposes the child to risk of electric shock.[6]

Lead Dangers

Lead is a dangerous substance which can cause developmental problems in children.[7] Fairy backpacks and bags made by Tyrrell Katz have been found to contain dangerously high amounts of lead, as well as traces of arsenic and mercury.[8]

Highs School Musical Rockerz

Tests have shown that the High School Musical Rockerz toy guitars achieve volume in excess of 90 decibels.[9] Exposure to sounds that loud can cause hearing damage within 2 hours.[10]

Strangulation/Choking Hazards

Toys with long strings/cords pose strangulation hazards to young children. Two such popular toys are the Yo-Yo Ball and the Pull and Pop Pelican.[11] From 2002 to 2006, there were sixteen incidents of children losing consciousness because of the Yo-Yo Ball wrapping around their neck.[12] In addition, toys such as the Polly Pocket and Barbie Peek A Boo contain really small parts which if swallowed, can cause young children to choke.[13]

The previously mentioned products are some of the more dangerous toys that your children may come into contact with. We should be aware of potential dangers that threaten our kids. Taking proper precautions such as informing ourselves about dangerous toys is just a small, yet very important part of protecting our children.

[1] “10^th Annual Toy Safety Campaign: 10 Most Dangerous Toys of 2008,” available at: http://www.keenanskidsfoundation.com/downloads/ToyList1108.pdf, (accessed September 15, 2009).

[2] Id.

[3] Id.

[4] Id.

[5]Id.

[6] Id.

[7]Id.

[8] Id.

[9] Id.

[10] Id.

[11] Id.

[12] Id.

[13] Id.

Originally posted at InjuryBoard by Sach Oliver