Hawaii Personal Injury Blog - Safety

FDA commissioner endorses legislation to improve food safety.

Wayne Parsons — Fri, 23 Oct 2009 15:35:47 GMT

The Los Angeles Times (10/23, Zajac) reports, "Food and Drug Administration Commissioner Margaret Hamburg on Thursday strongly endorsed legislation that would give her agency new tools to improve food safety, but she warned that Congress still must find a way to pay for them if consumers are to benefit." The proposed "changes would require significant additional manpower and costly new computer systems, Hamburg told the Senate Health, Education, Labor and Pensions Committee." Committee Chairman Tom Harkin (D-IA) "urged the FDA to come up with cost estimates quickly because, he said, he didn't want to pass a bill that would be undermined by inadequate funding."

The Wall Street Journal (10/23, A2, Zhang) reports that Hamburg said the bill needs to be stronger and give that agency more authority as well as funding, asking that the Senate's bill more closely resemble that one that passed the House in July.

Originally posted at InjuryBoard by Wayne Parsons

Parasite protein linked to cancer

Wayne Parsons — Sun, 11 Oct 2009 20:02:25 GMT

Cholangiocarcinoma is a deadly cancer of the bile ducts. When it is diagnosed, the doctor usually says that there is nothing that can be done: no treatment, no cure, nothing. This the cancer that killed Walter Peyton the football player, and it killed my beautiful wife Valerie last year.

New research out of Australia is opening doors to possible treatments and hopefully new cures. But before I go on with this story about the protein granulin, I want to tell you that there is a cure and warn you that most doctors don't know about it, or if they do, won't tell you about it.

Dr. William C. Chapman, M.D., the great transplant surgeon at Washington University in St. Louis and Barnes-Jewish Hospital , has been compiling a list of success stories for patients with Cholangiocarcinoma for the past 5 years. Dr. Chapman worked closely with a team of doctors at the Mayo Clinic in Rochester, Minnesota who found that if they did an elaborate treatment with chemotherapy and radiation, followed by liver transplant, the bile duct cancer does not return. The Mayo Clinic or Barnes-Jewish Hospital websites provider more information. Also read the posts at Cholangiocarcinoma.Org a great resource for patients, families, doctors and health writers.

Annabel McGilvray of ABC reports that scientists have identified the protein in a fish borne organism that is a cause of one of the most deadly cancers _ Cholangiocarcinoma. The liver fluke is an organism found in fish. It can be killed by cooking but when the fish is eaten raw or not thoroughly cooked, it creates a high probability of causing a deadly cancer to grow in the epithelial lining of the bile duct that goes through the human liver and pancreas. Liver Flukes and the protein they carry are not the only cause of Cholangiocarcinoma but everyone should think about them before eating raw or undercooked fish, particularly in Southeast Asia.

The human liver fluke is endemic in areas where uncooked fish containing the parasite forms a substantial part of the diet (Source: Chaiwat Subprasom/Reuters)

A protein secreted by liver fluke has been directly linked to the development of one of the worst forms of cancer _ bile duct cancer also known as Cholangiocarcinoma according to new Australian research.

Researchers at the Queensland Institute of Medical Research, found that granulin, a protein and growth hormone, is produced by the human liver fluke (Opisthorchis viverrine) and has been shown to cause uncontrolled growth in human cells.

The findings, published today in the journal PLoS Pathogens, are the first to show that a growth hormone from a parasite can influence surrounding human cells.

"As far as we know this is the first report of a pathogen secreting a granulin that acts outside of its body on its host's cells," says research supervisor, Dr Alex Loukas.

The human liver fluke is common in areas where uncooked fish containing the parasite forms a substantial part of the diet.

In northern Thailand up to 8 million people are infected with the fluke and, according to Loukas, as many as 1 in 6 will develop cancer of the bile ducts, known as Cholangiocarcinoma.

Loukas says Cholangiocarcinoma is the most common form of cancer in northern Thailand and the surrounding region, occurring at 10 to 20 times the rate of prevalence elsewhere.

Prior to the discoveries in Australia it was thought that damage to the bile duct lining was due to the fluke feeding on the lining, combined with the effect of carcinogenic compounds found in fermented fish widely eaten in South East Asia. Now it looks like the protein granulin is produced by the flukes as a way to heal the wounds caused by its feeding, and that process may be the major cause of Cholangiocarcinoma.

Loukas is looking for a vaccine to use on children that will attack the parasite and prevent the parasite infecting children in the first place.

"Using animal models in the future, we will look at could this granulin molecule secreted be the basis of a vaccine for human use," he says.

"If we can really focus control programs we should perhaps be selective and knock this parasite out in young children, because the people who develop cancer are the older people who have been infected for many years."

The findings may also be used in the search for a treatment for a second most carcinogenic parasite, the Schistosoma haematobium, which affects an estimated 200 million people in sub-tropical areas of Africa and is closely linked to bladder cancer.

Originally posted at InjuryBoard by Wayne Parsons

Hawaii Highway Chronicles: Are Our Roads The 4th Worst in the Country?

Wayne Parsons — Wed, 09 Sep 2009 15:27:31 GMT

I just read the report, “Future Mobility in Hawaii: Meeting the State’s Need for Safe and Efficient Mobility,” and it does not bode well for those of us who use Hawaii Highways and rural roads. Hawaii ranks 4th from the bottom because of deteriorating roads and high incidence of fatal accidents on rural roads.

The reports states that 27 percent of Hawaii’s major roads are in bad shape– the fourth highest percentage in the country. Frank Moretti of Tripnet has reported on this in a news report on 9/3/2009 :

Honolulu, Hawaii -- Hawaii’s roads and bridges are becoming increasingly deteriorated and congested and the state’s rural roads have a high-rate of fatal traffic crashes.

In the past decade, the state has used a combination of federal and state funding to improve its surface transportation network, but many sorely needed transportation projects still remain unfunded, according to a new report released today by TRIP, a Washington, DC based national transportation organization.

The statistics cited by the TRIP report are daunting and should get the attention of the public:

1. Driving on roads in need of repair costs each Hawaii motorist an average of $503 annually -- $431 million state-wide and the third highest in the nation -- in the form of accelerated vehicle depreciation, additional repair costs, and increased fuel consumption and tire wear.

2. Forty-three percent of Hawaii’s bridges are deficient or obsolete.

3. Twelve percent of the state’s bridges are structurally deficient.

4. Thirty-one percent of Hawaii's bridges are functionally obsolete.

5. Forty-five percent of Hawaii’s major roads are considered congested.

6. The fatality rate on Hawaii’s rural roads is nearly four times greater than the fatality rate on all other roads in the state.

The Hawaii Highway Users Alliance is an outcome of collaboration between TRIP and the State Department of Transportation. The goal is to develop an objective report that explains how the federal Surface Transportation Program can help Hawaii make our roads and highways safer.

Panos D. Prevedouros, immediate past president of the Hawaii Highway Users Conference states that because Hawaii is below average in pavement quality and traffic congestion that:

“Significant state and local action will be necessary to improve pavement and bridge conditions and address congestion. The Highways Modernization Plan that was held back in the last legislative session is a good tool to address these needs.”

Yes the issue is funding and we all know that money is tight. Between 1998 to 2008, Hawaii received $1.8 billion in federal funding for road, highway and bridge improvements, and $475 million for public transit, a total of $2.3 billion. Forty-four came from federal funds and was used annually by the Hawaii Department of Transportation to pay for road, highway and bridge construction, repairs and maintenance and 14 percent of the revenue used annually to pay for the operation of and capital improvements to the state’s public transit systems. Public transportation is important in lessening congestion and that goes directly to highway safety.

According the the Moretti story the federal stimulus package will help:

This year’s federal American Recovery and Reinvestment Act (ARRA) provides approximately $126 million in stimulus funding for highway and bridge improvements and $44 million for public transit improvements in Hawaii. This funding, however, serves only as a down payment on needed road, highway, bridge and transit improvements and is not sufficient to allow the state to proceed with numerous projects needed to modernize its surface transportation system.

“We will continue to do the best we can with the resources we have,” said Brennon Morioka, Director for the state Department of Transportation. “The ARRA funds allow us to move forward with many projects we would have not been able to otherwise,” Morioka said.

The funding issues are aggravated because of declines in federal surface transportation revenues and increasing costs for transportation construction materials.

The federal transportation program ends on September 30, 2009, and so Congress must enact new legislation or extend the current federal surface transportation program.

“Hawaii has benefited tremendously from the federal surface transportation program,” said Will Wilkins, executive director of TRIP. “While the state has put this combination of federal and state funds to good use in the past, in the coming years, many additional needed projects will remain stranded on the drawing board because of insufficient funding. It is critical that the state adequately fund its transportation system and that Congress produces a timely and adequately funded federal surface transportation program this year. Thousands of jobs and the state’s economy are riding on it.”

Frank Moretti is with TRIP. See more at http://www.tripnet.org/

Take a look at these postings which are part of the ongoing series on interstate and highway safety.

Are Double-Bottomed Semis More or Less Dangerous to You? - Devon Glass from Church Wyble, P.C.(Michigan), August 26, 2009

Who wins and loses when a Ford Focus and a fully-loaded semi-truck crash? - Steve Lombardi from The Lombardi Law Firm (Iowa), August 25, 2009

Hawaii Freeway Chronicles #1: What Are The Danger Points On H-1, H-2 and H-3?, by Wayne Parsons of Wayne Parsons Law Offices. (Hawaii), August 27, 2009

The Interstate Highway Graveyard, “Speed Kills”, Lombardi, August 28, 2009

Why Speeders on the Highway Cause More Serious Accidents, Glass, August 28, 2009

Death and Injury On Interstate Highways Increase With Higher Speed Limits, Wayne Parsons, August 29, 2009 2:31 AM

Drunk Drivers Caused 40% of Traffic Fatalities In Hawaii In 2006, Wayne Parsons, August 31, 2009 12:16 AM

Interstate Highways Are No Place For Drunk Drivers Over The Labor Day Weekend Wayne Parsons | September 01, 2009 4:36 PM

Uninsured Motorist Car Insurance: It’s Your Most Important Car Insurance and Here Is Why | Rick Shapiro, September 01, 2009 10:30 AM

Uninsured Drivers: Who Are These People?, Pierce Egerton | September 02, 2009 12:00 PM

Risky Drivers Don't Just Drive Drunk and Speed - They Often Don't have Insurance by Wayne Parsons | September 03, 2009 4:09 PM

Uninsured Drivers On The Highways: Cause of Higher Rates of Injuries & Deaths?

Rick Shapiro | September 07, 2009 1:15 PM

Originally posted at InjuryBoard by Wayne Parsons

Why Are Fatal Traffic Accidents in Honolulu Concentrated In Downtown and Iwilei?

Wayne Parsons — Sun, 06 Sep 2009 03:28:17 GMT

Let take the off ramp on the H-1 Interstate Highway and cut through Downtown Honolulu over to the Iwilei area and Nimitz Highway. For the past wek a group of Injury Board affiliates across the country have be participating in a series of articles on interstate highways and underinsurance coverage (UM) and so i take a short detour to look at some particularly dangerous areas for fatal car crashes in Hawaii on the roads of Oahu and the streets of Honolulu.

I have been studying some Heat Maps on a website called Risky Roads that shows fatal car crashes in states across the country. Honolulu has a pretty dense traffic pattern and many roads are filled at rush hour. Some get a higher percentage of speeders and perhaps the bar crowd than others, and then there is lighting, pedestrian traffic and traffic signals. I will tell you up front I don't understand what I am seeing.

First Map:

The dots are groups of fatal car crashes. So that bright red dot is actually a concentrated set of 4 different collisions in the location. the lighter the dot the smaller the number of crashes. The period of time appears to be 2005 through 2007.

Here is the scale of meanings:

So that bright red dot is 4 fatal crashes at that location. Lets dig deeper.

Now I see that there were 8 deadly car crashes along Nimitz heading away from downtown between River Street and the Salvation Army Facility in Iwilei. I wonder if some of those fatalities were pedestrians. The area has a lot of homeless people and the boat crews from Honolulu Harbor. Here is a satellite view of the same area.

Now you can see that the two red dots representing 8 fatal automobile accidents appears to be off Nimitz Highway and actually the area going off Nimitz into Iwilei. This has to be pedestrian I think.

The data in Risky Roads is supposedly from NHTSA data. The NHTSA has a reporting system called the Fatality Analysis Reporting System (FARS) that is pretty user friendly. I learned from FARS for instance that there were 34,017 fatal traffic accidents nationwide in 2008, down from 37,435 fatalities in 2007. And I learned that in 2008 Hawaii (all islands) had 102 fatal car crashes involving 140 vehicles and 239 persons. I assume that is 239 deaths.

I am wondering if anyone has a better resource that identifies the location of serious traffic accidents on Oahu and on the Neighbor Islands? I know that the State Department of Transportation collects data but how current is it and what do they do with it? Do the police analyze this data in deciding where to place patrols?

If you have information on dangerous intersections or stretches of highway in Hawaii, let me know. The best way to prevent injury and death from automobiles is to be aware of high risk areas. I'd like to publish them here and will pass the information gained along to the media and consumer groups. I know that AARP is crusading to make crosswalks safer.

You may find the other articles in this series informative on national interstate highway driving and automobile insurance.

Are Double-Bottomed Semis More or Less Dangerous to You? - Devon Glass from Church Wyble, P.C. (Michigan), August 26, 2009

Who wins and loses when a Ford Focus and a fully-loaded semi-truck crash? - Steve Lombardi from The Lombardi Law Firm (Iowa), August 25, 2009

Hawaii Freeway Chronicles #1: What Are The Danger Points On H-1, H-2 and H-3?, by Wayne Parsons of Wayne Parsons Law Offices. (Hawaii), August 27, 2009

The Interstate Highway Graveyard, “Speed Kills”, Lombardi, August 28, 2009

Why Speeders on the Highway Cause More Serious Accidents, Glass, August 28, 2009

Death and Injury On Interstate Highways Increase With Higher Speed Limits, Wayne Parsons, August 29, 2009 2:31 AM

Drunk Drivers Caused 40% of Traffic Fatalities In Hawaii In 2006, Wayne Parsons, August 31, 2009 12:16 AM

Interstate Highways Are No Place For Drunk Drivers Over The Labor Day Weekend Wayne Parsons | September 01, 2009 4:36 PM

Uninsured Motorist Car Insurance: It’s Your Most Important Car Insurance and Here Is Why | Rick Shapiro, September 01, 2009 10:30 AM

Uninsured Drivers: Who Are These People?, Pierce Egerton | September 02, 2009 12:00 PM Risky Drivers Don't Just Drive Drunk and Speed - They Often Don't have Insurance by Wayne Parsons | September 03, 2009 4:09 PM

Originally posted at InjuryBoard by Wayne Parsons

Interstate Highways From Michigan to Iowa to Hawaii

Wayne Parsons — Tue, 25 Aug 2009 14:25:10 GMT

Devon Glass from Church Wyble, P.C. and Steve Lombardi from The Lombardi Law Firm are experimenting with a joint project about highway safety. They are looking at trends and tendencies of accidents and injury or death on the interstate highway system that exists in their states, Michigan and Iowa respectively. Their states are separated by Illinois. They are separated from my state _ Hawaii _ by the Rocky Mountains, the Sierra Nevada Range and 2,500 miles of deep blue ocean. And lest I forget to mention, 5 times zones for Lombardi and 6 for Glass.

Is it possible for little Hawaii to join the discussion with these two Midwesterners? Let me count the ways.

Lombardi asks the first question, which I will answer for Hawaii, in the title of his article: Who wins and loses when a Ford Focus and a fully-loaded semi-truck crash? I can state without hesitation that the Ford Focus loses in Hawaii. the laws of physics apply in Hawaii and Ford is still selling cars here. Oh, and "yes", we have trucks.

The next question is does Hawaii have interstate highways? Again I am happy to answer yes! I'll buy a Mai Tai for either or both Lombardi or Glass if they can identify the names of the interstate highways on Maui where the AAJ midwinter convention will be held in February 2010. On Oahu where I live we have the H-1, H-2 and H-3 as interstates.

Next, in order to see if I can connect with Church Wyble, P.C. and Devon Glass in Lansing, Michigan, I read the article that Devon Glass wrote as part of this highway project: This May Save Your Child's Life When Driving on the Interstate. I was born in Ann Arbor, graduated from the University of Michigan (several times) and so I feel the connection with Michigan in my bones (Go Blue!). First I'd like to thank Devon Glass for the excellent article. At Injury Board we all stress injury prevention and that applies in triplicate when it comes to kids and car crashes.

Continuing with my application to add Hawaii to Michigan and Iowa in analyzing interstate highway injury or death factors, I can say without qualification that Hawaii kids will benefit from the recommendations made in the Devon Glass article. The tips are so important to Hawaii drivers with children in the car that I want to quote them here:

Motor vehicle crashes are the leading cause of death among children ages 2 to 14. As stated in the last paragraph, child deaths are due in large part to the non-use or improper use of child safety seats and seat belts. The National Highway Safety Commission has a “4 Steps for Kids” Campaign that helps parents choose the appropriate child safety seat based on their child’s age and also how to properly install it in the car:

1. For the best possible protection, keep infants in the back seat in rear-facing child safety seats up to the height or weight limit of the particular seat. At the very minimum, keep infants in rear-facing seats until age 1 and at least 20 pounds.

2. Once a child outgrows their rear-facing safety seat, they should sit in a forward-facing safety seat in the back seat until around age 4 and 40 pounds.

3. A child that has outgrown their forward-facing safety seat should sit in a booster seat in the back seat until the vehicle safety belt fit properly.

4. When a child outgrows their booster seat, usually around age 8 and when they are 4’9” tall, they can use the vehicle safety belt if it fits properly. A proper-fitting safety belt lays across the upper thighs and the shoulder belt fits across the chest.

Overall, all children under 13 should ride in the back seat. Please visit the NHSC website for a detailed illustration of which child safety seats you should choose to protect your children.

So I will wait to see if the application for membership in the Lombardi - Glass Interstate Network (LOGIN) will be accepted.

Originally posted at InjuryBoard by Wayne Parsons

Can We Afford NOT To Build More Bike Paths in Honolulu?

Wayne Parsons — Tue, 25 Aug 2009 03:18:36 GMT

What is a life worth? How much do bike paths cost? What is a life in a wheel chair with a brain injury worth? How much does a good crosswalk warning light system cost? Health, injury death and money are three apples and one elephant.

That is what I was thinking as I read the excellent article "Honolulu has plans, lacks funds to add 40 miles of bike paths - No funds available now, but backers remain hopeful" by Mary Vorsino Advertiser Urban Honolulu Writer.

What are the costs of having a bike rider in their 20s paralyzed after colliding with a car? I can tell you _ because that is what I do for my job _ it is millions of dollars. Yes, millions of dollars for one paralyzed bicyclist. $5 million is a conservative cost to taxpayers for a paralyzed person.

So how much does 40 miles of bicycle paths cost? Ms. Vorsino cites the number of $57 million over 20 years. That less than $3 million per year. One less paralyzed biker a year could save taxpayers $40 million. Sorry to use math and logic. Our politicians hope against hope that we won't add up the numbers. That paralyzed biker is a human tragedy. And in addition to the tragedy to the biker and the biker's family, taxpayers will most likely pick up the tab for the future costs of taking care of this person.

The money cost is the least of it. Do you know anyone who has a traumatic brain injury or someone who is paralyzed? Hell is the only word I can come up with to describe it. Or what about the family trying to pay the bills after losing the wage earner? Qualifying for welfare is the best economic news the family will get. You know what really gets to me is that bike paths save the taxpayer money but more importantly give life back to the bicyclist and her or his family. The statistics are grim across the country: Bicycle Riders Face Grim Statistics Of Injury Or Death In Hawaii

A bicycle rider is 3.4 to 11.5 times as likely to die than a car or truck driver per mile.

The Advertiser story quotes Justin Fanslau, of Hawaii Pedal Power:

Justin Fanslau, of Hawaii Pedal Power, said simply making the right lane on streets a little wider to accommodate bikes would make a big difference. He added that's the kind of thinking he's seeing among city and state engineers. But he also said the island still has a long way to go to being bike-friendly.

"For 70 years, all over this country, we've been building communities to suit the automobile," he said. "I would say the biggest, saddest thing to me as a bicyclist is that you can't bike safely everywhere in a state that is sunny all day, almost every day."

You can read details about the plan at OahuBikePlan.org. The public can comment on the project at the Web site until Aug. 31.

Originally posted at InjuryBoard by Wayne Parsons

Fort Weaver Road Hit-And-Run Claims Another Life

Wayne Parsons — Sat, 22 Aug 2009 21:18:49 GMT

If you know anything about an older light colored van that hit and killed a 68-year old woman on Fort Weaver Road on Thursday please call the police. The woman was fatally injured when she was struck by the van while crossing Fort Weaver Road in 'Ewa Beach yesterday morning.

Call HPD's Traffic Division at 529-3499

The van driver sped away from the fatally injured woman and has not been found. Hit-and-run drivers are among the most vile criminals because they leave their victims to die. We know that the driver was a male but know little else. The Honolulu Advertiser story reports these facts:

Police said the 68-year-old woman was in a crosswalk as she was crossing Fort Weaver Road near Makule Road when she was struck by the south-bound van at about 5:30 a.m. The woman was taken to The Queen's Medical Center in critical condition, but she later died.

Yesterday morning's fatality was the 38th on O'ahu so far this year, compared with 31 during the same period last year.

According to the KHNL News story:

Traffic investigators gather information on Fort Weaver Road near Ilima Intermediate, after an early-morning walk ends tragically for a 68-year-old woman.

"I felt terrible about that, especially, it doesn't surprise me at all," David Syfert, Ewa Beach resident, said.

Syfert has multiple sclerosis and gets around in a wheelchair. He says he takes great care when crossing Fort Weaver Road.

"Just because traffic is coming at them, it doesn't mean they're gonna slow down and stop," he said. "So they have to make sure to look both ways and believe that any car that's coming, they need to believe that car is gonna try and hit them."

Police say the woman was walking in a crosswalk when a light-colored, older-model van -- possibly a white Dodge Caravan -- plowed into her. The van left the scene. The victim died at the Queen's Medical Center.

"The white line here is not an impediment to anyone running them over," Syfert said about crosswalks.

I have written several articles this year on pedestrian injury and death. Hawaii is one of the most dangerous states in the nation when it comes to pedestrian safety and despite a crack down by HPD on Oahu on jaywalking and on drivers ignoring pedestrians in crosswalks the toll continues to mount. We can do better than this by careful walking, careful driving and perhaps better warning systems because sometimes the pedestrian can be hard to see in the dark.

The Hawaii Pedestrian Crosswalk Safety Chronicles: Innovative Solution for Crosswalk Safety

Our condolences go out to the family of the deceased woman. We hope the perpetrator is apprehended and brought to justice.

Originally posted at InjuryBoard by Wayne Parsons

House passes food safety bill.

Wayne Parsons — Fri, 31 Jul 2009 12:42:45 GMT

The AP (7/31, Jalonick) reports that by a 283-142 margin, the House yesterday "passed a far-reaching food safety bill Thursday in the wake of the recent outbreak of salmonella in peanuts that killed at least nine people." President Obama "praised the bill soon after it was passed, calling it 'a major step forward in modernizing our food safety system.'" The AP adds that "after the bill failed" under suspension of House rules, "Democrats scrambled to put the legislation back on the House floor Thursday under a rule that required a simple majority to pass."

The Washington Post (7/31, Layton) reports that the House bill "affects every aspect of the US food system," placing "significant new responsibilities on farmers and food processors to prevent contamination before it occurs -- a departure from the country's reactive tradition that has relied on government inspectors to catch tainted food after the fact." The measure "was backed by a raft of consumer groups and trade associations but faced opposition from some farm interests and their House Republican allies, who charged that it gives too much authority to the FDA and will lead to higher costs and burdensome paperwork without necessarily making food safer."

"To help finance the inspections," reports the New York Times (7/31, Neumann), "the bill would impose a yearly fee of $500 to be paid by food-processing facilities, with a $175,000 cap for large companies with multiple facilities." CBO "has estimated that the fee would generate $1.4 billion over the next five years, covering about 40 percent of the FDA's costs for carrying out the expanded inspections and other measures in the bill."

McClatchy (7/31, Doyle) reports that "the Senate, where debate can really be stretched out, still must approve its own version. House and Senate negotiators will then have to work out their differences." Meanwhile, says the Wall Street Journal (7/31, Zhang), "changes already are afoot at the FDA. The agency is putting more emphasis on food safety and stepping up efforts to prevent outbreaks." Today, "FDA Commissioner Margaret Hamburg is expected to announce guidelines for the food industry aimed at preventing contamination of tomatoes, melons and leafy greens." Bloomberg News (7/31, Faler) also covers the story.

Originally posted at InjuryBoard by Wayne Parsons

Congress and Cruise Ships, Peepholes and Latches!

Wayne Parsons — Tue, 28 Jul 2009 13:56:05 GMT

There you go again! Those are the memorable words of Ronald Reagan in a Presidential campaign debate. Those words came to mind as I listened to Congress brag about making cruise ships safer by passing a law mandating peepholes and latches. Here is what Senator Kerry said about his get tough legislation in 2008:

“Over the past year our organization and other victims of cruise crimes have met numerous times with cruise lines executives in an effort to have them voluntarily take the necessary steps as outlined in our proposals,” said Carver, President of International Cruise Victims. “The cruise line industry has failed to step up to the challenge and make any significant changes to improve safety. That resistance to change is a clear signal to us that the only alternative left is for the United States Congress to move forward with legislation. I’m grateful to Senator Kerry and Rep. Matsui for their support in this endeavor.”

“It is absolutely appalling that the cruise industry does not have basic reporting and prevention mechanisms in place to keep their patrons safe,” said Rep. Matsui. “When a goliath like the cruise industry will not act in the best interest of the customers who are entrusting it with their personal well-being, then Congress has a responsibility to step in and shed some sunlight on the problem.”

“It’s important we continue the efforts to improve cruise ship safety which began in the last Congress, when I chaired the National Security Subcommittee,” said Rep. Shays. “The bottom line is, the crime statistics provided by the cruise industry are inaccurate and inadequate. This must change.”

Well that sounds pretty good so why do I complain? Well after the lobbyists from the "goliath cruise industry" (Senator Kerry's words) got their hands on the law, it fixed a problem that didn't exist. That's right. 90% white wash, 10% substance. In hawaii we call that shibai!

Over 90% of the cruise ship industry had already put in peepholes and latches in their ships. And crime reporting is a good thing but the real meat of the prpoblems were left out of the final bill. What Congress didn't tell you is that they rejected many legislative provisions that would actually protect cruise ship passengers. In particular the cruise industry lobbyists got the gullible legislators to delete a provision that would allow the family of persons killed at sea to recover damages for their losses under the Death on the High Seas Act (DOHSA):

The industry requested one major concession: deletion of an amendment to the Death on the High Seas Act that would have allowed surviving relatives to recover damages for emotional suffering and bereavement, as well as any pain and suffering the victim may have experienced before death.

Under the existing law, survivors of people who die at sea can recover only lost wages or burial expenses.

If a retired person died, for example, family members would get little if any money, Miami maritime attorney James Walker said.

Who are we talking about? Twenty three (23) brothers and sisters of dead victims of the U.S. Cole bombing tragedy were given zero damages in a federal court case for there wrongful deaths. The federal judge called it a legal tragedy but he no choice because of the law. So you can cheer for Congress if you want to for mandating peepholes and latches that the ships already had but I fell more like voting these folks out of office. The deal was done behind closed doors and you can bet that no cruise ship passengers were in there with the lobbyists and the legislators smoking cigars and drinking scotch.

The Cruise Vessel Security and Safety Act of 2009 in revised form-- just not the original. Here are some of the key points that appear in the revised version of the bill:

- The bit that could have the most impact on the most passengers has to do with the height of railings on balconies and open decks. The bill states that ship railings must conform to a minimum height requirement: 4.5 feet high in the original version, but 3.5 feet high in the revision. For perspective, Carnival Cruise Lines' railings are 44 inches high, in compliance with international and federal regulations -- actually two inches taller than the minimum height stated in the amended bill. The bill as it was originally written would require about another 10 inches to be added to those railings.

- As for other on-board changes, the bill states that cruise ships must add peepholes (some lines, like Carnival and Royal Caribbean, already have them), safety latches and time-sensitive key technology to cabin doors. Also, medical staff must be trained to conduct sexual-assault examinations.

- The bill also clarifies the procedures for reporting cruise ship crimes, including contacting the FBI as soon as possible and submitting a written report to the Coast Guard. Ships must also keep logs of on-board crimes and make them available to the FBI, Coast Guard or other law-enforcement officials. The information will also be published on the Coast Guard Web site.

- One important change from the original to the revised version is the removal of an amendment to the Death on the High Seas Act that would allow the families of passengers who died while cruising to sue the cruise lines for pain and suffering.

I am attending the American Association of Justice (AAJ) annual convention in San Francisco this week and learned a lot from the great admiralty attorneys like Paul Edel and John Hickey. I asked Mr. Hickey about this subject and he allowed me to quote him in this article. Here is what he has to say on the subject:

“The Death on the High Seas Act has to be changed now for the safety and security of our families. This outdated, inadequate Federal law allows little or no damages to the families of people who die as a result of the negligence of a cruise line where the accident or negligence occurs on the high seas. The cruise lines get off Scott free when their negligence causes the death of an older or younger passenger. How does it figure that the family of someone who dies where the person who dies was not yet making money because they are young or not making money anymore because they are retired gets nothing? State wrongful death laws provide this. Why not the law of the sea? Congress should step up to the plate and change this now.”

I wonder if any member of Congress is listening? I know that they listen to the cruise industry lobbyists. Maybe they think that you aren't paying attention and won't notice that the laws they pass are like party favors given to the rich and powerful who fund their campaigns. I think that they may be mistaken. The voice of the people is coming alive in Blogs and web sites and Facebook conversations. That new voice is talking about things that matter like health and safety. The old barriers that kept the smoke and the truth inside the smoke filled rooms in Washington, are coming down.

The public through social media is throwing the windows open and demanding answers. They were important in the last election, those names on Facebook and Twitter and this Blog. While identity theft is a major front page story in the New York Times and the Wall Street Journal, I suggest that the most important identity that politicians and insiders should pay attention to is the groundswell of conversations that is happening with the explosion of social technology like The Daily Kos and Politico and The Huffington Post. Those conversations and rising like a thunderstorm and they are people, with names and real identities who will vote and demand health, safety and justice. And they will get it.

Peepholes and latches. I can see the Congressmen and women looking out through those peepholes. I hope they unlatch the door, shoo the lobbyists out into the open and pass a law that protects people from injury and death on cruise ships.

I'll fall out of my chair if we hear anything back from Senator Kerry or others in Congress about the Cruise Vessel Security and Safety Act of 2009 (HR.1485 House Number - S.588 Senate Number) or DOHSA.

What do think?

Originally posted at InjuryBoard by Wayne Parsons

Summer Water Safety Alert: Surf's Up On The South Shore! Be Careful

Wayne Parsons — Fri, 24 Jul 2009 18:34:19 GMT

The waves in Waikiki look white and fluffy and the warm air and water beckon the just arrived tourists. I surf. Its great fun. But beware. Those waves are powerful. The surfers riding them are skilled athletes. Also the Boards are heavy and if one hits you the injury may be serious or even fatal. News flash: South Shore waves keep lifeguards busy at beaches

Lifeguards were busier than usual yesterday with a South Shore swell that brought 8-foot waves.

At Waikiki Beach, lifeguards made eight rescues, 38 assists, and prevented 175 people from entering the surf, said Honolulu Emergency Services Department spokesman Bryan Cheplic. At Ala Moana Beach Park, lifeguards deterred 100 people from going into water and assisted five.

The National Weather Service said a high-surf advisory will remain in effect until noon today. Surf heights of 5 to 8 feet are expected through this morning, then dropping to 4 to 6 feet.

A high-surf advisory means beachgoers should stay out of the water and away from the shore break because of hazardous wave action and the potential for strong rip currents, the weather service said.

A major concern is currents or what some call rip tides. The waves push a lot of water up toward the beach and then it must find a way to go back out. Deeper troughs form in the sand underwater that allow a river of water to flow out to deep water.

http://www.youtube.com/watch?v=PodlRS-N-vE

I have been caught in one of those currents and if I hadn't been a good swimmer I might have become exhausted and drowned.

Scientific studies have cataloged surfer injuries in Acute injury and chronic disability resulting from surfboard riding:

646 surfers were enrolled (90.2% male, median age 27 years, median years of surfing 10). 145 surfers sustained 168 significant acute injuries in the preceding 12 months (0.26 injuries/surfer/year, 95% CI 0.22-0.30). Most were caused by striking a surfboard or another surfer (45.2%, 95% CI 37.6-53.1), "wiping out" (36.3%, 95% CI 29.1-44.1) or striking the seabed (17.9%, 95% CI 12.6-24.7). Injuries included lacerations (46.4%, 95% CI 38.8-54.3), sprains (28.6%, 95% CI 22.0-36.1), dislocations (10.7%, 95% CI 6.7-16.6) and fractures (8.9%, 95% CI 5.3-14.6). Body parts most frequently injured were the lower limb (45.8%, 95% CI 38.2-53.7) and the head/face (26.2%, 95% CI 19.9-33.6). Surfing injuries that were treated in Victorian emergency departments over a six year period revealed a similar pattern, although there was a greater proportion of head/face injuries (42.0%, 95% CI 36.0-48.1, p = 0.001). 20 surfers reported long-term effects from acute injuries, mainly unstable/stiff/painful joints. 136 surfers reported chronic health problems not related to acute injury including chronic/recurrent otitis externa and exostoses, muscle and joint pain/stiffness and pterygium. Significant injury while surfing is not uncommon. Although head injury accounts for a considerable proportion, very few surfers wear protective headgear. Greater use of protective headgear should be considered.

My tips to tourists planning to surf in Hawaii:

Protect yourself by looking for surf warnings in Hawaii.
Take a surf lesson;
Use the Buddy System
Watch out for shallow reefs

And you can read my earlier article on the subject: Visiting Hawaii - Water Safety Tips For Tourists To Avoid A Personal Injury And A Ruined Vacation

Nothing is more fun than riding a surfboard in Hawaii. Keep it fun and surf safely.

Originally posted at InjuryBoard by Wayne Parsons