Author: Angela Leone

YAMAHA RHINO AT CENTER OF FEDERAL REGULATION CRITICISM

“The U.S. Consumer Product Safety Commission is probing the design of so-called recreational off- highway vehicles after reports of fatal accidents involving the new, unregulated products.” – Alan Ohnsman

The CPSC review, although covering many brands, focuses primarily on the Yamaha Rhino.The Rhino has caught the attention of the CPSC after over 30 fatalities and many more injuries were reported.

The probe spotlights gaps in oversight of the vehicles, which have been produced for about five years.For the past five years, these vehicles have been categorized as All-Terrain Vehicles, or ATV’s.There are several key differences between vehicles such as the Rhino and conventional ATV’s. The Rhino is larger than conventional all-terrain vehicles, it has two side-by-side seats as opposed to a centered seat, and utilizes a steering wheel and protective roll cage.

Despite mounting evidence, The Yamaha Corporation insists that the Rhino is, “…one of the safest, most-reliable vehicles in the category.”Putting profit before customer safety, the Yamaha Corporation is attempting to protect its interests by defining the vehicle as an ATV as opposed to re-designing a safe product.Yamaha also claimed that unsafe use of the vehicles lies at the center of the problem, and that proper use will result in a drastically safer product.

Don’t be fooled.There are inherent design problems in the Rhino which have resulted in serious injuries.The center of gravity on the Rhino is significantly higher than the average ATV, making it prone to tipping.The lack of doors to keep limbs inside the vehicle also contributes to many crippling injuries and possible fatalities.These two factors highlight the danger of driving one of these vehicles through rough terrain.If the Rhino is truly an ATV, why is it so dangerous to drive it in rough terrain?

If you, your family, or anyone you know owns a vehicle such as the Rhino, please inform them immediately of the CSPC study and the potential hazard of driving it.Other vehicles with similar designs include Polaris’s Razor, Honda Motor Co.’s Big Red, Kawasaki Heavy Industries Ltd.’s Mule and Arctic Cat Inc.’s Prowler.

Contact an ATV accident lawyer in NJ

Window blinds and shades recalled after 1 child strangled, another nearly killed

By NATASHA T. METZLER, Associated Press Writer
7:04 AM PST, November 20, 2008

WASHINGTON (AP) _ About 677,300 IKEA and Green Mountain Vista window blinds and shades were recalled in the United States on Thursday after a young child choked to death.The Consumer Product Safety Commission said a 1-year-old girl from Greenwich, Conn., died in April when she got caught in the inner cord of a set of IKEA Roman blinds over her playpen.

The agency also received a report of a 2-year-old girl from Bristol, Conn., who nearly died in June on the beaded-chain loop hanging from a set of Green Mountain Vista shades. The girl’s neck was deeply bruised, but she was saved by her older brother.The recall includes about 670,000 IRIS and ALVINE Roman blinds, manufactured in India and distributed by IKEA Home Furnishings. They were sold at IKEA stores nationwide between July 2005 and June 2008. Another 4.8 million blinds were sold outside the country.

The blinds can be returned to any IKEA store for a full refund and its better to ask for help www.longmontwindowcompany.com.

Also recalled are about 7,300 insulated blackout roller shades and insulated Roman shades manufactured in China by Green Mountain Vista Inc. The shades were sold around the country by Country Curtains, Plow & Hearth, The Linen Source, Sturbridge Yankee Workshop, Ann & Hope, The Sportsman’s Guide, Target.com, The Curtain Shop of Maine, and the Solutions catalog. They were available between June 2005 and September 2008.

Green Mountain Vista shade owners should check to see if the tension device is attached. If not, contact the company for a free repair kit and installation instructions.

For more information on the Green Mountain Vista shades, call (800) 639-1728.

Contact a defective product attorney in New Jersey

Contact a defective product attorney in Pennsylvania

Is Grandma Safe in the Nursing “Home” for the Holidays? Safety violations reported in 94% corporate nursing homes

“More than 90 percent of nursing homes were cited for violations of federal health and safety standards last year, and for-profit homes were more likely to have problems than other types of nursing homes, federal investigators say in a report issued on Monday.” Robert Pear, The New York Times

The Department of Human Health and Services has found nearly 94% of for profit nursing homes, many run by large corporations, have been cited for safety violations.This statistic is appalling, considering the millions dollar profits being made by these nursing homes. For the year 2008, nursing homes charge families $77,380 on average for a room and $36,372 for assisted living rooms.With costs increasingly rising, poor patient care and frequent violations are inexcusable.

If it wasn’t bad enough that these corporate nursing homes drastically overcharge, for the quality of care they provide, they are also supplementing their profits by overcharging taxpayers.Inspector General of the Department of Human Health and Services said he had found some cases in which nursing homes billed Medicare and Medicaid for services that, “were not provided, or were so wholly deficient that they amounted to no care at all.”

The decision to place a member of your family in a nursing home or assisted living is difficult, but often necessary.If you currently have a family member in assisted living or a nursing home, please make sure that someone you trusts checks them regularly to ensure that the home is providing proper care.Never hesitate to ask the staff any question, and always bring up any concern you have.Write down the names of the individuals with whom you speak.Do not let nursing home staffs tell you that you are worrying too much.When it comes to the care of your family, you can never be cautious enough. Finally, remember that neglect and abuse has many signs, some of which can be hard to immediately detect.Every time you visit your family member, be sure to always check the following by talking to the staff, and making your own observations: 1. be sure that there are no signs of bruising on your family member from possible abuse, 2. make sure that they are receiving the proper and necessary medication and nutrition, 3, makes sure that the staff is frequently monitoring that there are no bed or pressure sores developing, and 4. make sure that nursing home staff is capable of responding immediately to an emergency situation.

If you suspect abuse, you can report it to the local regulatory authorities:

In Pennsylvania you can go to the Office of Aging website

http://www.aging.state.pa.us/aging/site/default.asp

In New Jersey, contact the Adult Protective Services

http://www.state.nj.us/health/senior/aps.shtml

Contact a Medical Malpractice Lawyer in New Jersey

Contact a Medical Malpractice Lawyer in Pennsylvania

Contact a Nursing Home Abuse Lawyer in New Jersey

Contact a Nursing Home Abuse Lawyer in Pennsylvania

Parents Beware- Toys With Hazardous Chemical to Remain on Market this Holiday Season

So much for the Holiday Spirit. As you shop for your kid’s holiday presents this season, you risk buying a toy that contains an already banned plastic linked to children’s illnesses.That’s because “a new federal ban on the use of the controversial chemical phthalate in teethers, pacifiers and other children’s products won’t apply to goods already in warehouses or on store shelves, federal safety regulators said yesterday.” – Annys Shin, The Washington Post

Unfortunately the Consumer Product and Safety Commision has decided to allow the makers of child toys and products containing a banned plastic to remain on the shelves.This means that, various companies, including manufacturers in China and other third will countries, will be allowed to sell their products containing the controversial chemical as long as they are manufactured before the date the ban takes place (February 10th, 2009).Most of these products are already on shelves for the holidays.

The ban, which was passed in August as part of a landmark product safety law, is supposed to remain in effect until a panel finishes a scientific review of phthalates.Although testing is still taking place, a scientific consensus has already formed that demonstrates this plastic’s hazard.Studies have shown that phthalates, “…have been shown to change hormone levels and cause birth defects.” Phthalates have negative effects on individuals of all age, however, in particular, “Young infants are more vulnerable to the potential adverse effects of phthalates given their increased dosage per unit body surface area, metabolic capabilities, and developing endocrine and reproductive systems.” – Sathyanarayana

The ban is supposed to remain in effect until a panel finishes a scientific review of phthalates.With studies showing the adverse effects of phthalate on the body, it is clear that this decision violates the direct purpose of the law.If consumers will not be able to tell what products were made when, and which products contain phthalates, than the ban will have little to no effect in helping consumers protect themselves.As Rachel Weintraub of the Consumer Federation of America puts it, “How will parents know whether the rubber ducky they’re buying was made today and not in March?'”

Here are some tips to parents prevent your child from exposure to phthalates.First, look for the common names of phthalates on ingredient lists, which is usually an abbreviation with a “P” on the end, such as DEHP, DINP, DBP, DEP, and DIP.Second, when purchasing toys for your child after this holiday season check to see that it is manufactured after the date of February 20th, 2009.This assures that the ban has taken effect, and that the toy is phthalate free.For more information on phthalates and how to recognize which products contain them, please visit the Children’s Health Environmental Coalition profile page on phthalates.

Contact a defective product lawyer

Medical Malpractice Caps Favor Insurance Companies Instead Of Protecting Injury Victims

BusinessReport.com ran a story this morning about two medical malpractice lawyers in Louisiana. The lawyers are trying to fight the medical malpractice cap adopted by the State of Louisiana, one of twenty-five states to adopt such legislation. At simplest, these caps put a roof on the possible rewards for victims of medical malpractice. In Louisiana, and some other states, the cap is $500,000. In the case in which these two Louisiana lawyers are fighting the cap, a thirteen year-old girl, who had to have her leg amputated because of malpractice, was awarded by a jury of her peers around $3.5 million dollars. She cannot and will not receive this award, because of the cap.

It reminds me of the way in which politicians have tied the hands of judges in mandatory minimum sentencing legislation. Just as a judge, whose been appointed or voted to the bench by us, cannot use his or her expertise to sentence and rule on criminal trials, so too are juries of our peers prevented from making determinations based on their own humanity and understanding of medical malpractice cases, such as this one. So, inevitably, we ask why?

This article from BusinessReport explains quite accurately that the caps exist to prevent medical malpractice insurance providers from raising insurance premiums to the extent that doctors will avoid practicing medicine in states with high premiums. This would lower the quality of health care in certain states. This logic is upsetting in two ways. First, the discussion of whether or not the health care quality has increased in those states seems a bit undercut by way of its context: a thirteen year old girl who’s missing a leg, because of malpractice in a state with a cap. Second, its an example of politicians trying to legislatively control our legal system (to the detriment of the average American) by tying the hands of juries, rather than trying to legislatively control the big-business insurance companies, who are hiking up doctors’ medical malpractice insurance rates. To this day, the purchase and regulation of car insurance has been legislatively mandated by our federal government. Why not control the medical insurance companies rather than risk a fall-out of quality health care and the deprivation of reasonable rewards to children who have suffered from medical malpractice? They have shown no reason why they cannot regulate the insurance premiums, rather than the victim’s rewards.

If you or a loved one has been harmed by medical malpractice, you may have a claim for damages. For more information, please go to the New Jersey Medical Malpractice Attorney page.

John R. Mininno, Esq. is a New Jersey and Pennsylvania trial lawyer representing clients in medical malpractice, defective products and other serious injury claims. He also writes about issues concerning patient safety. His offices are in Collingswood, NJ and Philadelphia, PA.

Surge in Reported Crib Dangers Call for Increased Regulation

Recent surges in federal recalls of defective cribs have renewed the discussion of crib and child product safety standards.

“Less than a month ago, the federal government recalled nearly 1.6 million cribs sold by the Delta Corporation – the world’s largest distributor of baby beds. But parents who asked Delta Enterprise for a kit to fix the cribs’ hazardous drop rails may have a false sense of confidence, according to a Tribune investigation. Government documents reviewed by the newspaper reveal at least 19 instances of an entirely different hazard on the Delta cribs—mattress platforms that drop and create a gap that can entrap and strangle babies.” –Patricia Callahan, The Chicago Tribune

Cari Myhra's daughter, Sabrina, narrowly escaped injury when a corner of her crib mattress fell to the floor during a nap. (Bill Alkofer/For the Tribune / November 3, 2008)

As the causes of reported infant injuries from crib accidents continue to mount, it becomes increasingly clear that regulators are not facing a singular design flaw, but an industry wide safety problem.One recent industrial trend has become evident: Baby beds are now made almost exclusively in overseas factories in and mills where construction standards and labor laws are frequently ignored.The product is packaged overseas in a manner to reduce shipping costs to a minimum and then shipped to huge US retailers.These retailers do not inspect the products for safety.Instead, they put them on shelves to be sold to unsuspecting parents who have little information on whether the crib is safe.Finally, these parents must then assemble multiple parts (big and small) while trying to follow complicated and inadequate assembly instructions.

The latest such defective product was imported by the Delta Corporation.Although Delta Corporation earns millions selling infant cribs, they have ignored the concerns of parents who have purchased their products. Customers of the Delta Crib Corporation have reported a general lack of concern to solve the problem when they have called to report crib accidents.In fact, the Consumer Product Safety Commission has publicly reported and that, “…Delta employees seemed indifferent when they reported the problems.”Other parents have been told by Delta that the company is, “…aware of prior incidents and that assembly instructions were faulty.” (Callahan) Despite having knowledge of this problem and earning millions in profits, the Delta Corporation has yet to take any action to remedy these multiple hazards.

If you are expecting a new child, you can take several steps to keep your baby safe.Please remember to research all cribs you are considering purchasing.Please also research any crib that you are currently using.Check to determine where the crib was actually manufactured and whether it has been inspected by any recognized safety organizations such as The Juvenile Product Manufacturers Association.Check parenting magazines for reviews of cribs.Finally, remember that the simpler the crib, the better.Remember to perform safety checks to ensure that: 1) all screws and bolts are tight, 2) all moving parts and exposed angles are safe, and, 3) the mattress and supports are properly aligned and positioned.

For more information on Crib Safety, including recommendations and safety tips, please visit the American Association of Pediatrics Crib Information site.

Additional Information:

NJ Defective Product Lawyer

Medical Malpractice News: WHO Tackles Surgical Deaths & Complications

The World Health Organization (WHO) has taken a stand this week against unnecessary medical complications that occur in the operating room.  In response to the increasing occurrence of medical mistakes and subsequent medical malpractice suits, the WHO has issued a list of simple safety checks aimed at reducing surgical death and complications.

An example of the recommendations issued by the WHO are as follows:

  1. All members of a surgical team are to identify themselves and state out loud exactly what type of surgery is to be preformed on the patient;
  2. Members of the surgical team should physically mark the site of surgery and incision to avoid operating on the wrong body part or patient;
  3. Administer antibiotics within 60 minutes of making an incision;
  4. Verify drug allergies before prescribing medication;
  5. Insert two intravenous lines for operations with substantial blood loss; and
  6. Count all sponges and needles to ensure surgical instruments are not left in the body.

The full article and complete list of recommendations can be found on the New York Time’s website.

Are your tires expired? The following information may save your life.

Aged tires have been linked to hundreds of vehicle deaths across the country.

You may be thinking, “My tires are brand new…this doesn’t apply to me.”

Unfortunately, that may not be the case.  Those “brand new” tires may have sat on the shelf for up to 10 years before they were put on your car.

However, for each year a tire sits on a shelf, it becomes less elastic and prone to tread separation on the road.  Tire experts claim that any tire over six years of age is expired and should not be sold to consumers. I always recommend these winter tires reviewed by carbibles. They are great.

A recent ABC investigative report shows the seriousness of this issue.  Major tire retailers such as Sears were caught selling tires up to 15 years old.  When questioned on the dangers of these tires, investigative reporters were assured they were safe and sent on their way.

This same report shows a professional driver attempting to control a vehicle with old tires after the tread separates from the wheel.  Not surprisingly, this condition resulted in a crash every single time.

Clearly, your “brand new” tires may be an accident waiting to happen.

How to Check the Age of a Tire Manufactured after 2000


To find the age of a tire made before the year 2000, you must first locate the “DOT” number on the sidewall.


In this picture, the last 4 digits represent the week the car was manufactured and the year.  So in this case, the last two digits are 00, which means the tire was manufactured in the year 2000.

How to Check the Age of a Tire Manufactured Before 2000
In the case of a tire manufactured before the year 2000, you will find only 3 digits at the end of the DOT number.  These three digets stand for the week and year that the tire was made.

In this case, the tire was made on the 40th week of the year 1998.

These numbers will only apply to the years 1990-1999, as tire age regulations did not exist before this time.
I was sold expired tires as new.  What should I do?

First and foremost, if your tires are still intact, I would ask the store to replace them as soon as possible.  Driving on these tires can be deadly and immediate action must be taken.

However, if you or a loved one has been injured as a result of aged tires, you may have a case against the manufacturer.  For further information or a free legal consultation, call (856) 833-0600 in NJ or (215) 567-2380 in PA.  You can also fill out the form on the left side of the page for immediate help.

Study Reveals Worst Insurance Companies for Consumers

The American Association for Justice issued a report this Wednesday naming the worst insurance companies for consumers in the US.  According to the report, “the rankings show a distinct pattern of insurance industry greed amongst 10 companies that refuse to pay just claims, employ hardball tactics against policyholders, reward executives with extravagant salaries, and raise premiums while hoarding excessive profits.”

The following companies were selected after a six-month review of information from court documents, SEC records, FBI records, state insurance department investigations/complaints, nationwide news accounts and testimony of former insurance agents.  Surprisingly, the companies in the “top five” are well-known and pretty popular choices among American consumers:

1. ALLSTATE – CEO, Thomas Wilson; 2007 compensation, $10.7 million; 2007 profits, $4.6 billion; assets: $156.4 billion. “According to investigations and documents Allstate was forced to make public, the company systematically placed profits over its own policyholders… The amount Allstate paid in claims dropped from 79 percent of its premium income in 1996 to just 58 percent 10 years later. In auto claims, payouts dropped from 63 percent to just 47 percent.

2. UNUM – CEO, Thomas Watjen; 2007 compensation, $7.3 million; 2007 profits, $679 million; assets, $52.4 billion. “Unum, one of the nation’s leading disability insurers, has long had a reputation for unfairly denying and delaying claims..”

3. AIG – CEO, Robert Willumstad; 2007 compensation for former CEO, 14.3 million; 2007 profits: $6.2 billion; assets, $1.06 trillion; “AIG executives have also come under fire for opportunistically seeking price increases during catastrophes. Now the company has been labeled ‘the new Enron’ because of charges of multibillion-dollar corporate fraud.”

4. STATE FARM – CEO: Edward B. Rust Jr.; 2007 compensation, $11.7 million; 2007 profits: $5.5 billion; assets, $181.4 billion. “In many cases, the company has gone to extreme lengths to avoid paying claims, including forging signatures on earthquake waivers after the deadly Northridge earthquake, and altering engineering reports regarding damage after Hurricane Katrina.”

5. CONSECO – CEO, C. James Prieur; 2007 compensation: $2.6 million; 2007 profits: $179.9 million; assets: $33.5 billion. “Conseco sells long-term-care policies, typically to the elderly. Unfortunately, Conseco uses the deteriorating health of its policyholders to its advantage because the company knows if it waits long enough to pay out claims, its customers will die.”

What’s not surprsing, however, is the fact that insurance representatives from the above mentioned companies have wasted no time attacking the trial lawyers behind the study.  A spokesman for Allstate told the press, “We’re not surprised we’re being targeted by the trial and personal injury lawyers because Allstate has always been at the forefront of the fight against insurance fraud and the effort to resist unreasonable demands made by lawyers.”

The sad part is that any person with insurance knows that you pay an arm and a leg for insurance “just incase,” but when an accident happens, its a nightmare to get what you deserve.  It doesn’t take a trial lawyer to point that out– although they are in the best position to make that allegation because they deal with insurance companies on a day to day basis.

I don’t think consumers are buying this argument either. After all, its awfully hard to feel sorry for a CEO (such as Allstate’s Thomas Wilson), who racks in $10.7 million a year, while most people struggle just to pay their bill.

Related Information:

New Jersey Personal Injury Attorney

From The Mayo Clinic: Symptoms of A Pressure Sore

Learning how to spot a bedsore is the best way to help a loved one living in an elder care or rehabilitation facility.  If not treated properly, bedsores can be fatal.  At the very least they are painful and may slow the patient’s recovery process by weeks, if not months.

Furthermore, bedsores are almost always an indication of neglect from the nursing home staff.  That is why you must familiarize your self with the signs and symptoms of a bedsore so you can take immediate action in the case of nursing home abuse.

The Mayo Clinic offers the following description of pressure sores, as well as prominent areas that a bedsore may form:

Bedsores fall into one of four stages based on their severity. The National Pressure Ulcer Advisory Panel, a professional organization dedicated to the prevention and treatment of pressure sores, has defined each stage as follows:

  • Stage I. Initially, a pressure sore appears as a persistent area of red skin that may itch or hurt and feel warm and spongy or firm to the touch. In blacks, Hispanics and other people with darker skin, the mark may appear to have a blue or purple cast, or look flaky or ashen. Stage I wounds are superficial and go away shortly after the pressure is relieved.
  • Stage II. At this point, some skin loss has already occurred — either in the epidermis, the outermost layer of skin, in the dermis, the skin’s deeper layer, or in both. The wound is now an open sore that looks like a blister or an abrasion, and the surrounding tissues may show red or purple discoloration. If treated promptly, stage II sores usually heal fairly quickly.
  • Stage III. By the time a pressure ulcer reaches this stage, the damage has extended to the tissue below the skin, creating a deep, crater-like wound.
  • Stage IV. In the most serious and advanced stage, a large-scale loss of skin occurs, along with damage to muscle, bone, and even supporting structures such as tendons and joints. Stage IV wounds are extremely difficult to heal and can lead to lethal infections.

If you use a wheelchair, you’re most likely to develop a pressure sore on:

  • Your tailbone or buttocks
  • Your shoulder blades and spine
  • The backs of your arms and legs where they rest against the chair

When you’re bed-bound, pressure sores can occur in any of these areas:

  • The back or sides of your head
  • The rims of your ears
  • Your shoulders or shoulder blades
  • Your hipbones, lower back or tailbone
  • The backs or sides of your knees, heels, ankles and toes

Alternatively, if you have read the previous bedsore information and believe that you or a loved one may have been the victim of nursing home neglect, call (856) 833-0600 in New Jersey or (215) 567-2380 in the Philadelphia metro area.  You can also contact a nursing home abuse attorney by filing out the case evaluation form on the left side of the page. A legal professional will contact you within 12 hours to discuss your case.