Michigan Personal Injury Blog - Safety

No Zhu Zhu Pets Recall Despite Claims of Dangerous Metals in Toy

David Mittleman — Mon, 07 Dec 2009 09:28:03 GMT

Zhu Zhu Pets are the latest toy craze this holiday season. However, according to some safety experts, the stuffed hamster look-alikes contain unsafe levels of tin and antimony. Antimony is a metal with potential health hazards, with a federal limit of 60 parts per million. Zhu Zhu pets’ “Mr. Squiggles” contains 93 parts per million of antimony in his fur, and another 103 parts per million in his nose. Similarly, tin was also found in the Zhu Zhu pets’ fur, which is potentially harmful to the immune and nervous systems.

A consumer safety group, CBS, discovered the high levels of both leads in Zhu Zhu Pets and warns consumers to return the product as soon as possible. Nevertheless, the maker of Zhu Zhu Pets, Cepia LLC, argues that the toys are perfectly safe and that the rumors surrounding the product were conjured up by one website. Cepia LLC has since issued a statement defending their product and is conducting their own testing on Zhu Zhu Pets to check for the dangerous metals.

Information released today indicates that there will be no recall of Zhu Zhu Pets “Mr. Squiggles”. However, given the recent problems with high levels of lead in toys imported from China, it is probably best to be safe than sorry when it comes to purchasing gifts for your children this holiday season.

Originally posted at InjuryBoard by David Mittleman

Keeping Children Safe

Timothy Smith — Tue, 01 Dec 2009 17:03:58 GMT

I wanted to take a quick moment to bring to my reader's attention a book that is a must read if you are a parent or you are friends with someone who is a parent. "365 Ways to Keep Kids Safe", is a book authored by Attorney Don Keenan who is one of the leading advocates for child safety in the country and an excellent trial attorney as well.

The book can be ordered here: http://www.balloonpress.com/365wayssample.html

An excellent review of the book can be found here.

As a fellow attorney dedicated to raising the public's awareness of safety issues through this particular website, Attorney Keenan is an excellent example of how to educate our friends an families to lead a safer day-to-day existence.

Originally posted at InjuryBoard by Timothy Smith

Pair of Holiday-Weekend Accidents Result in Death, Injury

David Mittleman — Sun, 29 Nov 2009 20:16:28 GMT

Two young Lansing, Michigan residents fell victim to car crashes over the Thanksgiving holiday - a sobering reminder of the hazards of one of the busiest travel seasons of the year.

Christy Luckett, 30, died Thursday morning, one day after a two-vehicle crash at the intersection of Waverly Road and Phoenix Drive in Lansing. The driver and one passenger in the other vehicle were also treated for injuries. The collision is still under investigation.

Some 50 miles away in Oceola Township, Zachery Warren was injured when he swerved to avoid a pickup truck driven by Clem Plowman on M-59 in Livingston County. Warren, a 23-year-old Lansing man, is still receiving treatment at University of Michigan Medical Center in Ann Arbor.

Remember to use extreme caution when driving. Careful driving behaviors should be a year-long habit, but they become especially important during periods of heavy travel.

Originally posted at InjuryBoard by David Mittleman

Survive Black Friday?

Timothy Smith — Sat, 28 Nov 2009 14:19:54 GMT

A number of years ago, I represented a young woman who was injured by a crowd that had gathered outside a Wal-Mart in Cadillac Michigan after reading about a new home video gaming system that was being released. My client was 7 months pregnant and had hoped to surprise her husband with a new video gaming system for his birthday.

By 5am, the crowd was nearly 100 and the Walmart had advertised that quantities were limited to 25 gaming units. As the store approached the opening hour, the crowd was getting restless. Bullies in the back of the line began pushing forward and tempers began to flare. You'd think that Wal-Mart would have recognized this and set up a system to ensure that the sale of the systems occurred in a safe manner to the 25 first individuals in line. Simple measures such as handing out wristbands to the first 25 or any number of approaches would have spared the crowd from what came next.

At the time of the opening, a Wal-Mart employee came forward and simply unlocked the front door. The crowd surged forward as it became every man and woman for themselves. My client, who was 8th person in line, was pushed to the ground and trampled by the folks behind her.

By the time the dust settled on the stampede, my client lay on the floor of the entry to Wal-Mart - bruised, battered and going into labor from the trauma. Emergency medical technicians from Cadillac were called to the scene and transported her to Cadillac Mercy Hospital where the doctors were able to stop the labor. She wasn't able to have any x-rays of her injured pelvis, hips and back because of the risk to the fetus. She spent the next 2 months on her back wondering if her unborn child was going to be okay.

When I sent my first notice of claim letter to Walmart, they responded by denying that their store or it's employees had done anything wrong. Suit was filed against Walmart in Wexford County Circuit Court. I was able to secure a copy of the security tapes from the front door. The tapes showed the Walmart employees laughing at the crowd gathered outside and then laughing at the stampede that ensued once the front doors were unlocked. The video was very similar to this YouTube clip from a Black Friday Stampede in Grand Rapids Michigan.

http://www.youtube.com/watch?v=aeSgBL7gpAk

It's shocking to me that this happens every year at the Big Box stores like Wal-Mart, Sam's Club, Best Buy and others. Even more shocking are the security regulations that each store has drafted and implemented which are rarely followed when the store is releasing a new limited quantity gaming system or on the morning of Black Friday. Through extensive discovery [which Walmart fought every step of the way], my office obtained internal safety rules and regulations that, if followed, could have prevented my client's injury.

What's even more shocking is that Wal-Mart and other big box stores not only endanger the lives of their customers, but evn their employees aren't safe during these Black Friday Riots. In fact, one Wal-Mart employee was killed during one of the Black Friday riots like you just watched above.

http://www.youtube.com/watch?v=5S6UKRaM5fA

Wal-Mart called this death of it's employee "an unfortunate event". That's an understatement. Every big box store knows that Black Friday brings big crowds and that big crowds can cause big problems. So why is it that every year we have people getting injured and even killed while trying to shop? Why aren't stores following the rules and regulations they themselves have implemented to provide a safe shopping experience for it's customers? I suppose we can answer that question in a single word - Profits. Proper security measures are expensive to implement....

My client was one of the lucky ones. The money that Wal-Mart paid to her at the conclusion of the litigation more than covered her medical bills and her pain and suffering. More importantly, after laying in bed under doctors orders for 2 months, her child was born healthy. She still has days where she has aches and pains in her pelvis and low back from where she was trampled, but she knows that it could have been worse. Much worse.

Originally posted at InjuryBoard by Timothy Smith

Amongst Other Dangerous Chinese Imports, ATVs Are Added to the List

David Mittleman — Wed, 25 Nov 2009 10:00:00 GMT

Here’s another product to add to the growing list of dangerous Chinese imports: besides contaminated pet food and toys coated in lead paint, all-terrain vehicles (ATVs) are the latest danger to consumers. What’s even more frightening is that this specific type of ATV is marketed to young children; in fact, children as young as six have reported using the Fushin ATV.

The Fushin ATV is painted bright yellow and offers bargain-shopping parents a welcoming price at $250. However, the Fushin is missing one important feature: front brakes. Furthermore, according to the Consumer Product Safety Commission, the Fushin also has sharp handlebars that could cause injury. Luckily, in May, the manufacturer agreed to a voluntary recall of the models. Nevertheless, that did not solve the problem as the CPSC discovered a shipment of the ATVs at a U.S. port of entry, where customs officials seized the items for failing to meet domestic safety standards.

In response to the $5 billion market for ATVs, the CPSC is launching a global campaign to improve the safety of the extremely popular product. The statistics surrounding ATVs are not encouraging: in fact, according to the CPSC, ATVs contribute to about 900 deaths per year. Overall, ATVs cause more deaths than any of the 15,000 other products the commission regulates.

Originally posted at InjuryBoard by David Mittleman

Insurance Institute for Highway Safety Announces Top Safety Picks for 2010

David Mittleman — Tue, 24 Nov 2009 14:01:42 GMT

After conducting their annual safety tests, the Insurance Institute for Highway Safety has cropped the list of "crashworthy" winners down from 94 vehicles in 2009 to 19 for 2010. To determine crashworthiness—that is, how well a vehicle protects its occupants during a crash—all 2010 car models were given the high-speed front and side tests, a test for rollover safety, and an evaluation of the seat and head restraints in protecting against head injuries in rear impacts. To earn the “Top Safety Pick for 2010” award, a vehicle had to achieve good ratings in all of the four tests. In addition, the winning vehicles also had to have electronic stability control.

Overall, the safest 2010 vehicles included two new models: the Nissan Cube and the Kia Soul. Furthermore, Subaru had a model winner in each category, the only manufacturer to accomplish this goal. Furthermore, Subaru won five awards total, although Ford and its subsidiary, Volvo, won topped that number with six awards.

Some of the largest automakers that did well in previous years were absent from the final rankings. For example, Toyota and its Lexus and Scion subsidiaries did well in 2009 with 11 award-winning models—this year they received no awards.

Originally posted at InjuryBoard by David Mittleman

Safe Driving Is Something to Be Thankful For

David Mittleman — Tue, 24 Nov 2009 10:17:38 GMT

This holiday weekend, people will be traveling in droves to reunite with their families and to celebrate Thanksgiving. Given that airline tickets are prohibitively expensive for most people with the current state of the economy, much of the Turkey Day traffic will be on our roadways. Unfortunately, this could translate to a higher chance of being involved in an accident.

With millions of Americans traveling such significant distances, the opportunity for disaster also climbs. You can do your part to minimize the risk to you and your family by practicing safe driving behaviors:

Driving too fast is widely recognized as dangerous, but driving too slow can also cause hazardous situations as well.
If you're tempted to drive a few extra miles to get to your destination despite being sleepy, don't. Drowsy driving can be as dangerous as driving drunk.
Be patient. People will be clogging highways from Wednesday night through Monday morning. Be prepared to deal with delays to avoid road rage-type behavior.
Weather can be a factor. If the skies open up with rain or snow, be sure to adjust your driving accordingly.

Many law enforcement agencies will be patrolling the highways this weekend, on the lookout for these behaviors. Their goal is to keep everyone safe by ticketing violators and, hopefully, detering motorists from dangerous driving.

If you're traveling this weekend, use caution and common sense. Careful driving means you can avoid traffic tickets and hazardous situations. Celebrate Thanksgiving with your loved ones for many years to come - travel safely.

Originally posted at InjuryBoard by David Mittleman

Teen Became Sick With Guillian-Barre Syndrome After Receiving H1N1 Shot

David Mittleman — Thu, 19 Nov 2009 10:00:00 GMT

Jordan McFarland, a 14-year-old Virginia native, is the sixth person to come down with Guillian-Barre syndrome (GBS) after receiving an H1N1 vaccination. Jordan, a high school athlete, went to Inova Fairfax Hospital in Virginia after a week of severe headaches, muscle spasms, and weakness in his legs. He is still struggling to walk and will likely need the assistance of a walker for 4-6 weeks plus intensive physical therapy. However, Jordan is expected to fully recover in time.

Jordan is one of the first people to develop Guillian-Barre after receiving an H1N1 vaccination. According to Dr. Claudia J. Vellozi, deputy director for immunization safety with the Centers for Disease Control, Jordan’s GBS is only the sixth case reported since October 6. Furthermore, officials at Inova Fairfax Hospital do not dispute that Jordan has GBS, but refuse to comment on his condition as related to the H1N1 shot because they do not want to create unnecessary fear or panic in the public.

Despite the fact that Jordan and his family believe he suffered GBS as a result of the H1N1 vaccination, Dr. Vellozi maintains that there is no clear link between the H1N1 shot and GBS. She states: “[w]e know that GBS and other illnesses occur routinely in the U.S.”. In fact, she noted that 80 to 120 cases of GBS are reported each week in the general population. Moreover, while any side effect can be devastating for an individual, the H1N1 vaccine is much less risky than the H1N1 virus itself.

Originally posted at InjuryBoard by David Mittleman

Recent Michigan Taser Incidents Cause Concern for Safety, Use of Force

David Mittleman — Tue, 17 Nov 2009 17:11:31 GMT

Two recent incidents involving the use of Tasers have grabbed headlines throughout Michigan and around the country, again raising doubts about the safety of the product and its use by law enforcement officials. Generally considered a "less-lethal" way of subduing unruly suspects, the use of Tasers has engendered serious controversy in recent months.

Earlier today, a young man in East Grand Rapids, Michigan, died in police custody after being Tasered. Early reports suggest that Matthew Bolick, 30, was Tasered twice during a struggle with local police officers.

Late last week, a Lansing, Michigan, police officer was reprimanded for Tasering a suspect who had already been handcuffed. Rocky Allred, 43, fell to the ground after the weapon was used on him, fracturing his jaw, chipping a tooth, and requiring eight stitches. The incident occurred back in August, and charges against Allred have been dismissed. The officer has been suspended for two weeks without pay for the appalling violation of police policy.

In late October, police in Traverse City, Michigan Tasered a 17-year-old girl following a traffic stop.

The recent spate of Taser-related injuries and deaths is by no means limited to Michigan. Injuries stemming from the use of the device have been reported across the country.

Originally posted at InjuryBoard by David Mittleman

Should Medical Spas Perform Invasive Procedures?

David Mittleman — Sat, 14 Nov 2009 10:30:00 GMT

According to the International Spa Association, there are 1,800 medical spas in the United States. Medical spas offer a more “relaxed” atmosphere than doctors’ offices, but still provide medical treatments like laser hair removal and liposuction alongside the traditional spa services such as massages. In recent years the industry has experienced a boom: from July 2007 to December 2008, the number of medical spas increased by 85%. However, the recent death of Rohie Kah-Orukotan, a 37-year-old nurse who had a liposuction procedure performed, is raising concerns over the safety of medical spas.

In fact, there is proposed legislation that would require owners of medical spas to have certain credentials. Furthermore, the proposed legislation would also dictate which procedures can be performed in medical spas, as well as setting a minimum level of training for someone to perform particular procedures on medical spa patrons. The proposed legislation is now travelling through several state medical boards in Massachusetts, New York, Florida, and Utah.

The issue of most concern for many “traditional” plastic surgeons is the lack of training or experience of some employees at medical spas. For example, according to Dr. Darrick Antell, a plastic surgeon in Manhattan, an employee of a medical spa may start out performing one procedure and move to another more difficult procedure without much experience. Indeed, lack of experience with certain medical procedures has resulted in serious consequences for some medical spa clients, such as Kah-Orukaton. However, more minor consequences can also result, such as second-or third-degree burns from improperly conducted laser hair removal procedures. Overall, the proposed legislation does not want to sway consumers from getting these procedures done. Rather, they simply want to ensure that the procedures are performed safely and by someone with the correct training.

Originally posted at InjuryBoard by David Mittleman