Injuryboard Commentary - safety

Ensuring Patient Safety Would Cost Fewer Lives AND Less Money

Mike Ferrara — Fri, 06 Nov 2009 22:12:56 GMT

Despite laws in New Jersey and Pennsylvania requiring hospitals to report major medical errors, unanticipated complications, and near misses to state agencies for the purpose of reducing medical mistakes, experts say that hospitals in both states are neglecting to report these kinds of incidents.

In 2007, major medical errors in Pennsylvania included accidentally leaving surgical equipment inside two separate patients at Fox Chase Cancer Center. At Abington Memorial Hospital in 2005, a woman recovering from hip surgery developed open bed sores after being left lying on a bedpan for several hours. In a total violation of state law, none of these incidents was reported by the hospitals responsible.

When serious medical errors don’t lead to a patient’s death, they require additional health care spending—often tens of thousands of dollars per patient—to correct.

"Anybody that is supposed to report close calls and has zero reports is clueless," said James Bagian, head of the Department of Veterans Affairs’ National Center for Patient Safety. "Management is asleep at the switch and just waiting until they kill someone." Josh Goldstein, Philadelphia Inquirer

Since 2003, though the health department has cited four hospitals in Southeastern Pennsylvania for failing to report serious medical errors, none of these hospitals has been fined.

In the current climate of sloppy enforcement, medical malpractice lawsuits are one of the only ways to protect patients against medical errors. They are also the only way to ensure that hospitals and doctors are held responsible if and when they do cause serious patient harm.

Rather than threaten patient safety and take away the patient’s right to compensation by limiting malpractice claims, health care reform needs to focus on ways to make patients safer. Insisting on better monitoring of hospital errors would be an excellent start.

Originally posted at InjuryBoard by Mike Ferrara

Tractor-Trailer Accidents are Serious Highway Safety Concerns

David Mittleman — Fri, 06 Nov 2009 16:57:16 GMT

Any discussion of traffic safety has to take into account Tractor-Trailer Accidents. One in eight fatalities on our nation's highways involves a large truck or "semi" truck. Half a million accidents each year involve tractor-trailers in the United States. 5,000 people die a year from these accidents. 140,000 people survive but suffer from injuries, ranging from serious brain injury to loss of limbs.

One of the major factors which can compromise tractor trailer safety is truck driver fatigue. The nature of truck transportation often requires covering long distances over long periods of time. Tractor trailer safety studies have indicated that fatigue is responsible for tractor trailer accidents thirty to forty percent of the time.

Tractor-trailer companies are required to carry a minimum level of insurance. They are also required to properly maintain all tractor trailers and equipment to sustain tractor trailer safety. Trucks are required to stop at weight stations to ensure that they are in compliance with weight limitations. Hours of Service logs are often checked at this time as well. Local and state law enforcement also plays an integral role in tractor trailer safety and will conduct random stops and inspections.

Despite tractor trailer safety measures, accidents still can and do occur and violations of tractor trailer safety laws are also made. A 1997 study found that in a random given week of inspections at least 9000 tractor trailer safety violations were committed. When tractor trailer safety is breeched, serious accidents can result.

Our firm has successfully handled cases involving injuries sustained during a tractor-trailer accident. If you have injured in such an accident, do not hesitate to contact our office, ChurchWyble, at (888) 227-4770.

Originally posted at InjuryBoard by David Mittleman

What's more dangerous, cheerleading? ... Or foolish coaches?

Steve Lombardi — Fri, 06 Nov 2009 12:01:00 GMT

Is Cheerleading too dangerous? Does it need to be changed? Or does the coaching system simply need to be tweaked to provide a more safety minded mindset?

A Wall Street Journal article on September 17, 2009 addressed the increasingly popular sport of cheerleading and the dangers it presents to girls across America. More news coverage of the injuries incurred by cheerleaders is causing debate on whether certain aspects of the sport should be banned or at least changed. With cheerleading being the cause of “65% of all female catastrophic injuries in high school and college…according to the University of North Carolina's National Center for Catastrophic Sport Injury Research.” There is no wonder why people are upset that this high risk sport does not have the same quality of medical assistance present at all times, as with other sports such as football. To help decrease the risk factor different levels of cheerleading are taking preventive measures such as, “College teams are no longer allowed to perform three-person-high pyramids and do double flips from them. High school teams can't perform flipping basket tosses and last year, twisting dismounts were banned on basketball courts.” Some states (like Wisconsin) view cheerleading as a high risk sport and called it a “contact sport” which the Wisconsin's Supreme Court’s decision “prevents injured cheerleaders from suing their schools or teammates.”

If cheerleading is such a high risk sport as to be considered a contact sport, should not the association which regulates it, make changes to protect the participants or change the way the sport is performed all together. To truly estimate the risk of cheerleading first the sport must attempt to account for all participants across the country. The Wall Street Journal says that “estimates say there are about 400,000 public high school cheerleaders, but the NCAA doesn't track participation (it's not considered a sport) and the number of cheerleaders on private teams isn't known.” The number of cheerleaders all together is hard to pinpoint, but “if you go by the consensus estimate -- that there are about 4 million cheerleaders across the country -- the activity looks about as risky as women's soccer.”

What was the original purpose of cheerleading: to get the crowd’s energy up and to support and “cheer” on the team. There is no doubt that the ways of cheerleading have shifted with regular stunts in routines consisting of split jumps called the “Herkie”, flipping basket tosses, and twisting dismounts. If the stunts of cheerleading of today remain, maybe the activity should be reconsidered an organized sport, instead of just a “girly athletic activity.”

There have been motions set in place to attempt in helping injured cheerleaders. Kimberly Archie founded the National Cheer Safety Foundation in 2008, created this program as a parent of a cheerleader who broke her arm during a practice. She hopes this program will help parents be more aware of the injuries and ultimately help reduce the risks that cheerleaders face constantly. Archie’s organization has been in the forefront of cheerleader safety issues and advocating for positive changes. She’s a positive force that has successfully resisted the headwinds pushing against change.

Should this highly dangerous but popular activity be changed all together, have tighter regulations, or continue to victimize America’s young girls of today. As a parent it’s your choice to accept the status quo or push for changes that may protect your child from a life of misery. All coaches need to get on the safety band wagon for the sake of the cheerleaders. It’s a terrific sport.

Video Library | Lombardi Law Firm

Description: Cheerleading has become the leading cause of catastrophic injury in young female athletes, says Amy Miller Bohn, a physician at the UMHS ...
www.lombardilaw.com/video/ - Cached - Similar

The Lombardi Law Firm Blog | Lombardi Law Firm

Oct 16, 2009 ... Cheerleading Safety and the Law of Cheerleading ...... Child Safety: Who get's sued when they drop the Cheerleader and . ...

Or on the Injuryboard:

Iowa Cheerleader Bibliography of Safety Titles | InjuryBoard Des ...

Steve Lombardi. Posted by Steve Lombardi August 07, 2009 5:39 PM ... I collect articles of interest and post on the Cheerleading Safety and the Law of ...
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Cheerleading Parents, to Avoid Catastrophic Injury to your Teen ...

Aug 13, 2009 ... Cheerleading Parents, to Avoid Catastrophic Injury to your Teen, Get Busy Learning the Cupie/Awesome. Email Member · Steve Lombardi ...
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Let's work to keep Cheerleading Safe | InjuryBoard Des Moines

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Child Safety: Wisconsin Supreme Court cheerleading issue to be ...

Child Safety: Wisconsin Supreme Court cheerleading issue to be decided. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
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Here is what is wrong with Wisconsin's Anti-Cheerleader Tort ...

Aug 6, 2009 ... Here is what is wrong with Wisconsin's Anti-Cheerleader Tort Reform. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
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A New Era In Safety May Be Dawning for Cheerleaders | InjuryBoard ...

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If cheerleading is so safe why have so many cheerleaders died ...

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Child Safety: Wisconsin Appellate Court cheerleading issue ruling ...

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School Safety / Cheerleading: Fitting the uniform...and the image ...

Sep 25, 2008 ... As highlighted in my previous post(s), the sport of cheerleading can ... The Lombardi Law Firm (866) 735-1102 Ext 335 www.lombardilaw.com/ ...
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Cheer Safety Clinic in Louisiana | InjuryBoard Des Moines

Posted by Steve LombardiOctober 31, 2009 8:58 AM ... If you're a cheerleading squad coach in Louisiana follow the link to read the entire article. ...
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Originally posted at InjuryBoard by Steve Lombardi

Toyota Recall: Unanswered Questions

Brett Emison — Fri, 06 Nov 2009 09:55:57 GMT

Toyota announced in September that it would recall 3.8 million vehicles in the United States for problem that caused thousands of it vehicles to suddenly accelerate out of control. The recall involved some of Toyota's most popular models, including the Camry, Prius and the Tacoma and Tundra pickup trucks.

Toyota said it was still working with officials with the National Highway Traffic Safety Administration to find a remedy to fix the problem and said owners could be notified about the recall as early as next week.

Toyota has continually said its sudden acceleration problem was related to floor mat incompatibility only. However, safety regulators at the National Highway Traffic Safety Administration ("NHTSA") sharply criticized Toyota for misleading the public about Toyota's sudden acceleration defect.

Toyota has known about the sudden acceleration issue since at least 2004. More than five years ago, the Center for Auto Safety reported that Toyota's sudden acceleration problem may be caused by an electronic throttle control in Toyota vehicles. However, Toyota has repeatedly refused to even consider the possibility.

Why hasn't Toyota done a full investigation of its electronic throttle control system? If the unintended acceleration problem is cause only by floor mats, why are customers without floor mats in their vehicle experiencing the same problem?

Toyota is on track to place more than 7 million vehicles on the road this year. Toyota has ignored this problem for far too long and needs to fix it before its too late.

You can learn more about the Toyota sudden acceleration defect by reading these previous reports of Toyota's sudden acceleration problem:

Toyota Denied Sudden Acceleration Problem For More Than 5 Years

"Inaccurate and Misleading" Statements On Toyota Sudden Acceleration Problem

Toyota Sudden Acceleration: Case Is Not Closed

Safety Group Responds To Toyota On Sudden Acceleration Defect

Toyota Has More Troubles Than Just Sudden Acceleration

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Just Because Its Twitter, You Still Can't Text And Drive

Mike Bryant — Fri, 06 Nov 2009 09:26:00 GMT

My partner Joe Crumley wrote a great piece about the dangers of texting. He, like a number of other writers here at the Injuryboard, continue to point out the dangers of texting and driving. Go watch the video that a couple of members have posted.

A recent study concerning the social networking tool, Twitter, points out there is more reason for concern. According to Crowd Science, about 11% of Twitter users admitted to accessing social media while driving in the preceding 30 days, compared to only 5% of other social media users. 29% of Twitter users said they had accessed social media from cars at some point in the past, compared with 13% of non-users. This is one too many people reading and twittering while they should be driving.

Since this post will go out on a tweet, I truly hope not one single person reads it while they're driving. It makes you wonder how broad we need to make the law to make sure that people get the idea. A number of other interesting findings from the study:

- 41% of Twitter users prefer to contact friends via social media rather than telephone, compared with 25% of non-Twitter social media users, and 11% (vs. only 6% of those not using Twitter) actually prefer social media over face-to-face contacts.

- More than twice as many males than females (32% to 15%) access Twitter primarily through a third-party application.

- 43% of Twitter users employ a third-party application at least some of the time, and 26% as their main mode of access.

- Twitter users tend to be older than non-Twitter social media users (54% over 30 years old, vs. 42%), twice as likely to be self-employed or entrepreneurs (18% vs. 9%) and to be planning to start a business during the next six months, and more tech-savvy (24% vs. 15%

Driving needs to be driving time.

Originally posted at InjuryBoard by Mike Bryant

Toyota Denied Sudden Acceleration Problem For More Than 5 Years

Brett Emison — Fri, 06 Nov 2009 09:00:01 GMT

It appears that Toyota has denied its sudden acceleration problem for more than 5 years. Toyota's recall for floor mat problems is not the end of the story and the company needs to do more to protect its customers and the motoring public.

In March 2004, the Center For Auto Safety reported about sudden acceleration problems in 2002-03 Toyota Camrys and Solaras and the 2002-03 Lexus ES 300.

WASHINGTON -- A relatively new technology, the electronic throttle, is a leading suspect in a wave of claims that some vehicles unexpectedly accelerate out of control. Government investigators are looking at 2002-03 Toyota Camrys and Solaras and Lexus ES 300s to determine if they are defective. More than a million cars are in service. The National Highway Traffic Safety Administration has begun a preliminary investigation of the latest claims. It is gathering about 37 complaints of sudden acceleration by owners of the Toyota and Lexus cars. The complaints include 30 reports of crashes. They involved injuries to five people; one of them was seriously hurt.

According to AutoSafety.org, by the year 2000, there had been more than 22,600 reported complaints of sudden acceleration.

More than five years ago, Toyota and NHTSA identified the electronic throttle as the most likely source of the sudden acceleration defect. However, Toyota continued -- and continues today -- to dismiss concerns about its throttle control system and has looked only at the floor mat issue.

Four years later -- in June 2008 -- the Detroit Free Press and the Motor Authority reported that Toyota had dismissed additional customer complaints that the popular Toyota Tacoma pickup truck had been experiencing the same sudden acceleration issue as other Toyota and Lexus vehicles.

Now, Toyota's Tacoma pickup is receiving complaints in the U.S. because of the same unintended acceleration defect.

A total of 432 customers have reported unintended or sudden acceleration [problems] in their vehicles, resulting in 51 crashes and 12 injuries. Toyota has responded by stating that its Tacoma is not defective and that many reports were "inspired by publicity," reports the Detroit Free Press.

In 2008 -- like in 2004 -- Toyota refused to take the sudden acceleration issue seriously. Instead of fixing the known problem in its vehicles, Toyota publicly accused its own customers of trying to cash in on Toyota's negative publicity.

By October 2009, Toyota was forced to finally acknowledge sudden acceleration problems in the following vehicles:

2007-2010 Toyota Camry
2005-2010 Toyota Avalon
2004-2009 Toyota Prius
2005-2010 Toyota Tacoma
2007-2010 Toyota Tundra
2007-2010 Lexus ES350
2006-2010 Lexus IS250
2006-2010 Lexus IS 350

In October 2009, Toyota Motor Corp. President Akio Toyoda, was forced to publicly apologize for the tragic death of an American family who were killed when their Toyota vehicle suddenly accelerated out of control. This tragedy was recorded by 911 as the passengers desperately tried to slow or stop their out of control Toyota vehicle.

As the Detroit Free Press reported:

TOKYO — Toyota’s president said it was “extremely regrettable” an American family died in a crash in which a floor mat in one of the Japanese automaker’s vehicles is suspected as the cause.

"Four precious lives have been lost," Toyota Motor Corp. President Akio Toyoda said Friday. "I offer my deepest condolences."

***

That crash killed California Highway Patrol Officer Mark Saylor, 45 — who was driving a Lexus, a Toyota luxury model — and three family members on State Route 125 outside San Diego.

The vehicle was traveling at more than 120 mph when it launched off an embankment, rolled several times and burst into flames.

Despite more than 5 years of documented sudden acceleration problems in Toyota and Lexus vehicles and the tragic death of a family of four caught on tape, Toyota still has refused to accept any responsibility or acknowledge any defect:

Toyoda said the company was still deciding what action it would take and did not acknowledge any vehicle problem during his appearance at the Japan National Press Club.

He apologized for any worries customers may have.

“I feel sorry that people who are driving Toyota and Lexus cars believing in their safety are now feeling uncertainties,” he said.

Toyota has ignored customer reports of the sudden acceleration problem for more than 5 years. Despite this growing safety concern, Toyota announced today, November 6, 2009, a third-quarter profit of nearly $250 million. In the last 90 days -- while its cars were running out of control -- Toyota made a profit of nearly $3 miller per day. Toyota also increased its sales projection to more than 7 million vehicles for this year.

Langdon & Emison is aware of more than 2100 reported instances of Toyota sudden acceleration. Instead of listening to its customers and fixing the extremely dangerous sudden acceleration problem -- a problem Toyota has known about for more than 5 years -- Toyota is raking in money and placing even more dangerous cars and trucks on American roads. Toyota needs to take these complaints seriously and fix the millions of dangerous vehicles on our streets and highways.

You can learn more by reading these previous reports on Toyota's sudden acceleration problem:

"Inaccurate and Misleading" Statements On Toyota Sudden Acceleration Problem

Toyota Sudden Acceleration: Case Is Not Closed

Safety Group Responds To Toyota On Sudden Acceleration Defect

Toyota Has More Troubles Than Just Sudden Acceleration

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Can homicide be a workers compensation case in Iowa?

Steve Lombardi — Thu, 05 Nov 2009 12:01:00 GMT

On Thursday October 8^th John Versypt of Cordova Ill. was found in a common area hallway with a gun lying next to him. Mr. Versypt owns rental units in the complex and was reportedly in Iowa City, Iowa to attend to those properties. The investigation remains open and we have to question what would lead to the death of this 63 year old man.

Whose gun was it? Was the gun Mr. Versypt’s or someone else’s?

What caused his death? Was it a bullet or blunt force? If either, was this the gun used in what appears to be a homicide?

Did he die of natural or unnatural causes?

If he died from being shot what does ballistics show us about if it were this gun?

Was it an argument over the collection of rent?

Or did someone know his routine and that he might have rental receipts on him, tried to rob him and he died or was killed?

In shows name is the gun registered?

What will the autopsy tell us about the cause or causes of death?

Who was home in this apartment complex around the time he was killed?

What did they see, overhear or know about what went on?

Why was he there? Was a tenant behind in the rent and he was having a face-to-face meeting with them?

Personal safety never takes a break. Carrying a handgun may seem like a good idea but what if the assailant gets his/her hands on your gun? Then what? You could hire a lawyer and take the matter to court. Sometimes it’s better to spend a little money and be safe. All that said I’m still interested in the homicide and the police investigation. Perhaps by the time this publishes we will have further information and an arrest will be made.

Now let’s get back to the subject of the title, whether or not this is a workers’ compensation claim. It could be, it depends primarily on whether the business owner covered himself with a workers’ compensation insurance policy. The legal system has been taking such a bad rap lately that many people just don’t think about what’s in their best interest. Workers’ compensation insurance is relatively inexpensive. When you consider that it provides at least four kinds of insurance all in one it’s amazing just how cheap and inexpensive it is.

Consider what workers’ compensation benefits come from this type of insurance.

Life Insurance – If the worker dies it provides a weekly pay check the widow or widower.

Burial Insurance – It provides burial benefits to the dead worker.

Disability Insurance – It provides a weekly benefit check for wage loss in the event of disabling injuries.

Medical or Health Insurance – It pays all medical bills but without a deductible or coinsurance provision.

Uninsurance and Underinsurance Insurance – If you’re working and a third party injures you, that would be someone not working for your same employer, then the workers’ compensation policy pays you a decent amount of money for the claim while providing all of the above. Now if you collect from the other guy you have to pay back your workers’ compensation carrier, but what the heck you’re still better off.

Perhaps Iowa’s workers’ compensation insurance is the ultimate universal healthcare benefit. I can’t say that about state programs like Indiana’s because that program tends towards being worse than nothing. Not only do they pay low benefits but you have some adjuster with little or no education directing your medical care. That is worse than being in Communist Russia.

Now back to the landlord; if he covered himself with a workers’ compensation policy under Chapter 85 his widow or dependent children, if any, can receive weekly benefits (the widow for life). His estate will receive a check for funeral and burial expenses. Any ambulance or ER care will be covered along with the doctor and hospital charges. The burial benefits are somewhat limited at $12,000.00 but still they are there and get a person buried.

We wish his family well, and encourage them to know there are better days ahead.

Originally posted at InjuryBoard by Steve Lombardi

"Inaccurate and Misleading" Statements on Toyota Sudden Acceleration Problem

Brett Emison — Thu, 05 Nov 2009 10:39:12 GMT

The Los Angeles Times has reported that federal safety regulators have sharply criticized Toyota for claiming safety officials had found "no defect" regarding Toyota's sudden acceleration problem.

Toyota and Lexus vehicles have come under scrutiny as hundreds of customers have complained to the company and to federal safety regulators that Toyota and Lexus vehicles will suddenly accelerate out of control. In many instances, the drivers are left with little or no control and are unable to slow or stop the vehicle.

Federal safety regulators have sharply rebuked Toyota Motor Corp. for issuing "inaccurate and misleading" statements asserting that no defect exists in the 3.8 million vehicles it recalled after a Lexus sedan accelerated out of control in San Diego County, killing four people.

The National Highway Traffic Safety Administration issued a statement Wednesday that the recalled Toyota and Lexus vehicles do have an "underlying defect" that involves the design of the accelerator pedal and the driver's foot well.

Toyota has attempted to persuade owners of its vehicles that the sudden acceleration defect was limited to the gas pedal's interaction with the floor mat and was unrelated to other factors, such as Toyotoa's electronic throttle control system. Toyota also posted a video statement to dispute news reports that unintended acceleration may be related to these other factors.

Toyota's "inaccurate and misleading" comments prompted the National Highway Traffic Safety Administration ("NHTSA") to issue a sharp rebuke.

"Safety is the No. 1 priority for NHTSA and this is why officials are working with Toyota to find the right way to fix this very dangerous problem," the statement said. "This matter is not closed until Toyota has effectively addressed the defect by providing a suitable vehicle-based solution."

The statement is an unusual public upbraiding of an automaker by the regulatory agency, according to auto safety experts, and threatens to dent Toyota's credibility just as it seeks to assure customers that its vehicles are safe.

NHTSA's public rebuke of Toyota and Lexus did not surprise John Claybrook, a former head of NHTSA. "The agency never says there is no defect . . . . New information can come to light that there is a defect," Claybrook said.

Safety expert, Sean Kane, head of Safety Research and Strategies confirmed that "Toyota was trying to say it has a clean bill of health from NHTSA, when it does not."

In NHTSA's investigations, the safety regulators found that Toyota's brakes would lose most of their power and effectiveness when the throttle is fully opened -- an event called "brake fade". Additionally, NHTSA found that the Toyota and Lexus push button ignition systems could add risk in sudden acceleration events.

Toyota has continued to focus solely on the floor mats alone and has refused to make a full system evaluation -- including an examination of the electronic throttle control system. Toyota's refusal to look at all possible causes of its unintended acceleration problem is troubling. Toyota and Lexus owe it to their customers -- and other members of the driving public -- to ensure that this deadly safety problem is fixed -- and fixed quickly. Toyota's refusal to look at all possible causes has unreasonably delayed finding a solution. Too many have died already.

You can learn more about the Toyota and Lexus sudden acceleration problem at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Auto and Vehicle Recall Update: New Recalls from NHTSA

Brett Emison — Wed, 04 Nov 2009 21:40:03 GMT

The Office of Defects Investigation recently sent notices of the following safety defect recalls:

Chrysler and Dodge Recall: 2009-10 Chrysler 300, Dodge Challenger and Dodge Charger recalled for a front wheel spindle nut defect. These vehicles may have been built without a front wheel spindle nut.

GM, Chevrolet, Pontiac and Saturn Recall: 2006-07 Chevy Cobalt, Pontiac G5 and Saturn Ion recalled for a fuel pump module defect. The plastic supply or return port on the modular reservoir assembly may crack. If either of these ports develops a crack, fuel will leak from the area. If the crack becomes large enough, fuel may be observed dripping onto the ground and vehicle performance may be affected.

Mazda Recall: 1995-97, 2001-03 Mazda B-series pickup trucks recalled because a speed control deactivation switch overheats. A component of the cruise control deactivation switch may deteriorate over time and develop a leak. This occurrence could cause the switch to overheat, smoke or burn which could result in an underhood fire.

If you own any of these vehicles, you should contact your dealer to schedule the required repair immediately.

Learn more about vehilce safet defects at our auto defect blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Toyota Sudden Acceleration: Case Is Not Closed

Brett Emison — Wed, 04 Nov 2009 14:04:38 GMT

The New York Times and ABC News are reporting that the matter of the Toyota sudden acceleration problem is not yet resolved. In fact, according to the New York Times, Toyota's recent press release was not intended to suggest that Toyota had been cleared of a safety defect.

Toyota said on Tuesday that a press release it issued on Monday was not intended to give the impression that the National Highway Traffic Safety Administration had cleared 3.8 million of its vehicles of having an unintended acceleration defect.

Indeed, the federal agency said it was still investigating the exact cause of the acceleration problem.

***

[Toyota's] wording is subtle, but it could give the impression that the safety agency had found no safety defect beyond errant floor mats. Some news articles certainly interpreted the release that way and reported that the mats were the only problem. But Karen Aldana, a spokeswoman for N.H.T.S.A., said the agency was still exploring other issues, including the design of the gas pedal and the vehicle’s floor pan.

“It goes beyond the floor mats,” Ms. Aldana said.

Toyota’s release comes as ABC’s “World News with Charles Gibson” and “Nightline” were preparing to air an investigation tonight into the acceleration problem, including owners who insist that floor mats were not the problem. (Here’s an ABC/Consumer Reports video on what to do if your car experiences unintended acceleration.)

According to the Times -- the bottom line is this: unsecured floor mats can jam the accelerator, but there may be further problems unrelated to the floor mats. NHTSA is still investigating.

ABC News performed its own investigation:

In a statement this afternoon, the Department of Transportation and the National Highway Safety Administration said, "This matter is not closed until Toyota has effectively addressed the vehicle defect by providing a suitable remedy."

ABC reported statistics from safety expert, Sean Kane, that in the last 10 years, more than 2,000 Toyota owners have reported their cars surged out of control at high speeds.

The Detroit Free Press has also reported on Toyota's auto defect. The Free Press reported that federal safety regulators received more than 300 complaints from Toyota owners about the sudden acceleration problem. Not all of the owners believe the floor mats were the problem. Grover and Barbara Walton experienced sudden acceleration in their Toyota Prius without any interference from the floor mat.

It all started when, after slowing down through a small coastal town, Walton said he hit the resume-acceleration button on his cruise control.

"All of a sudden, we were flying and I hadn't touched the pedal," said Grover, a retired property manager.

He said he hit the brakes, which slowed the car. But when Walton released the brake pedal, he said his Prius surged again.

"Before my husband could safely get the car off the road, he had ridden the brakes so hard to avoid an accident that flames were coming from behind both front wheels where the brakes had caught fire," Barbara Walton said.

The National Highway Traffic Safety Administration ("NHTSA") has continued to emphasize that its decisions do not consitute a finding that a safety defect does not exist.

"Removal of the mats is simply an interim measure," said NHTSA spokeswoman Karen Aldana. "NHTSA will be discussing with Toyota what the appropriate vehicle remedy or remedies will be."

All auto defects are troubling, but Toyota's sudden acceleration problem is a particulary frightening safety defect. According to reports, this defect can strike without warning -- catching even the most careful driver off guard. With the engine racing out of control, it can be very difficult -- or even impossible -- to stop the vehicle. The excessive braking required to slow the vehicle in this dangerous situation can lead to "brake fade", which results in decreased brake effectiveness and can quickly lead to complete brake failure. Drivers could easily be caught in a situation where the engine is racing at full speed and their brakes are complete useless.

You can learn more about the Toyota and Lexus sudden acceleration problem at two recent blog posts:

Safety Group Responds to Toyota On Sudden Acceleration Defect

Toyota Has More Troubles Than Just Sudden Acceleration

You can also visit our auto product defect blog or visit our web site to learn more.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison