Council Bluffs Personal Injury Lawyer

FDA on Metal-on-Metal Hips: Some Patients at Higher Risk Than Others

Craig Kelley — Fri, 25 Jan 2013 14:57:00 GMT

The serious—sometimes life threatening—problems of metal-on-metal hip replacement devices has been a major news story ever since several of the manufacturers issued recalls of millions of devices. To date, Smith & Nephew, DePuy, and Zimmer have all recalled components of their respective hip devices or the devices in their entirety. For recipients of these metal-on-metal devices, it is understandably a worrisome and scary time.

The FDA continues to play a central role in studying the health risks of metal-on-metal hip implants, in issuing safety communications for patients and doctors and in forcing the manufacturers of these devices to conduct studies and provide information on their products. The most recent news from the FDA came just this week, when they released a new Safety Communication about Metal-on-Metal Hip Implants.

By now, many hip replacement patients are aware of the increased risks of metal-on-metal hip devices. These devices feature a metal ball and a metal cup that slide against each other while walking or running. The risk of these devices is that the rubbing between the two metal parts can release tiny metal particles into the area around the hip, which can cause complications. Those metal particles can also travel to other parts of the body, which can lead to other serious health problems. These risks do not exist when “traditional” hip implant devices are used, since those devices use a combination of ceramic, plastic and metal.

The latest safety communication has information for surgeons and doctors about when it may be appropriate to use metal-on-metal devices in spite of these risks. That is helpful for new hip replacement patients. But what about those who are already walking around with a metal-on-metal device? Well the FDA is telling us now that certain patients are at greater risk of developing complications than others:

Patients with bilateral implants
Patients with resurfacing systems with small femoral heads (44mm or smaller)
Female patients
Patients receiving high doses of corticosteroids
Patients with evidence of renal insufficiency
Patients with suppressed immune systems
Patients with suboptimal alignment of device components
Patients with suspected metal sensitivity (e.g. cobalt, chromium, nickel)
Patients who are severely overweight
Patients with high levels of physical activity.

If you fit into one of those categories, then closer-than-normal monitoring of your hip device may be something that you want to discuss with your physician. And, regardless of your specific situation, the FDA continues to offer the following advice for patients:

If you are not having any symptoms and your orthopaedic surgeon believes your implant is functioning appropriately, you should continue to routinely follow-up with the surgeon every 1 to 2 years.
If you develop new or worsening problems such as pain, swelling, numbness, noise (popping, grinding, clicking or squeaking of your hip), and/or change in your ability to walk, contact your orthopaedic surgeon right away.
If you experience changes in your general health, including new or worsening symptoms outside your hip, let your physician know you have a metal-on-metal hip implant.

Originally posted at The Legal Examiner by Craig Kelley

Is Your Household Vulnerable to a Tip-Over Incident?

Craig Kelley — Fri, 18 Jan 2013 12:31:00 GMT

Usually when we think about injuries related to product safety, we think about something that went wrong with the product. We think of the big newsworthy, attention-grabbing cases of the gel fuel in fire pots exploding, or the infant baby bather collapsing in on itself or a car seat that doesn’t perform up to expectations in an accident. Those types of product dangers are significant and ones that we need to always be alert to if we are going to keep our families and loved ones safe.

But last month the Consumer Product Safety Commission drew attention to a different type of product safety issue, ones that speaks directly to the behavior of consumers in using the product: injury and death caused by TVs and furniture simply tipping over. Check out this handy info-graphic on tip-over deaths and injuries from the CPSC.

According to data from the CPSC, year 2011 was the worst year for this type of injury and death. In that year there were a total of 41 fatalities and the CPSC estimates that more than 43,000 consumers are injured each year in tip-over incidents. The overwhelming majority of those deaths (84%) are young children under the age of 9. These accidents happen when they are trying to pull themselves up to stand, or reaching for a special toy or simply just playing on furniture. When the furniture or appliance does tip over, severe head injuries or other traumatic injuries from the weight of the item falling are likely to occur.

Those are big numbers—and awfully innocent victims—to simply brush away and think “this won’t happen to me.”

I think we’ve all probably been there before. We purchase some new piece of furniture, appliance or television and in the rush to just get it set up so we can enjoy it, we ignore that last, pesky little installation instruction: “ANCHOR IT TO THE WALL”. A lot of products come with anchoring hardware, but how many of us get out the drill or screwdriver, find the anchor point, and actually put the finishing touches on installation?

Perhaps, in light of this new information we will start to. Product safety isn’t always just about what the manufacturer did or didn’t do before the product left the warehouse. Many, many injuries and deaths arise because consumers simply misused the product or failed to follow installation instructions. The CPSC is urging consumers to turn that behavior around. To help prevent these tip-over tragedies, here are some specific recommendations:

Anchor furniture to the wall or the floor.
Place TVs on sturdy, low bases, or anchor the furniture and the TV on top the base, and push the TV as far back on the furniture as possible.
Keep remote controls, toys, and other items that might attract children off of TV stands or furniture.
Keep TV and/or cable cords out of reach of children.
Make sure freestanding kitchen ranges and stoves are installed with anti-tip brackets.
Supervise children in rooms where these safety tips have not been followed.

Originally posted at The Legal Examiner by Craig Kelley

CPSC Seeks to Force Recall of Nap Nanny Infant Recliners

Craig Kelley — Wed, 12 Dec 2012 12:32:00 GMT

Yet another infant product is in the news this week for concerns over the product’s safety. This time it is the Nap Nanny and Nap Nanny Chill infant recliners, manufactured by Baby Matters, LLC of Berwyn, PA. Last week, the Consumer Product Safety Commission (CPSC) announced that it had filed an administrative complaint against the company in an effort to force a recall of these products. The complaint was filed only after attempts aimed at getting Baby Matters to issue a voluntary recall failed.

According to the press release from the CPSC, the agency is aware of four infants who died in the Nap Nanny Generation Two recliners and a fifth infant death involved the Chill model. There are another 70 incident reports of children nearly falling out of the product. Both products are marketed as baby recliners that are designed for sleep, rest and play. They are a molded foam pad with a fabric covering that is supposed to cradle the infant. Both models come equipped with a three-point harness to restrain the child when the product is being used. The products have been on the market sin 2009 and retails for about $130.

Despite the harness—and the safety instructions and warnings that Baby Matters defends as sufficient—the CPSC maintains that the recliners are defective in their design, warnings and instructions. These deficiencies, according to the CPSC, pose a substantial risk of injury and death to infants.

Unfortunately, this is not the first time that the Baby Matters infant recliners have been the subject of CPSC attention. In 2010, the company and the CPSC issued a joint recall news release in relation to the Generation One owners. That recall included a coupon towards the purchase of a newer model for Generation One owners and improved warnings and instructions to owners of Generation Two models.

This most recent administrative complaint seeks an order requiring that Baby Matters, LLC notify the public of the defect and offer consumers a full refund.

Originally posted at The Legal Examiner by Craig Kelley

It's National Influenza Vaccination Week: Get Yours Now!

Craig Kelley — Tue, 04 Dec 2012 11:12:00 GMT

Before your holiday schedule gets too hectic—if it hasn’t already—one important thing you should add to your to-do list is getting a flu vaccine. This week is actually National Influenza Vaccination Week, which means that you’re likely to see a lot of media and other promotional events and notices encouraging you to get a flu vaccine. And for good reason, as influenza levels are increasing across the country.

While you may think that the flu vaccine is really only relevant for the young, the elderly and certain at-risk groups, the CDC actually recommends an annual flu vaccine for everyone over 6 months old. And there are lots of options in terms of where to get vaccinated and what type of vaccine to get. Of course, there is the flu shot, but if shots scare you away, then you should also know about the option of a flu nasal spray, which is available for individuals between the ages of 2 and 49.

A flu vaccine is a low risk, high reward way to make sure you and your loved ones stay healthy through this holiday season and into the New Year. While some years there are limited supplies available, causing hospitals, pharmacies and other providers to focus only on high-risk groups, this year there is still plenty of the vaccine available and everyone should take a few minutes to take this precaution.

If you are curious where you can get a flu vaccine in your community, the CDC has put together a website where you can search for places offering the flu vaccine by zip code.

Originally posted at The Legal Examiner by Craig Kelley

Thanksgiving Travel: Pledge to End Distracted Driving

Craig Kelley — Wed, 21 Nov 2012 09:25:00 GMT

So far, the weather forecast for this Thanksgiving weekend is promising clear skies and pretty warm temperatures. That is good news for those who are hitting the road this week for the annual journey to family and feasting. But even without the chance of ice or snow (at least in the immediate vicinity), Thanksgiving weekend is one of the biggest travel weekends across the country. And as familiar as the reminder might be, it never hurts to bring up safe travel when so many of us will be on the road.

This Thanksgiving, we encourage all drivers to incorporate another safe driving practice into their travels: take the pledge to end distracted driving. It is one of the biggest contributors to highway crashes across our country and it remains one of the most difficult to address. Just like seat belt use and drunk driving used to be, fixing the problem of distracted driving requires not only new laws and education, but a decision on the part of every single driver to simply not use their cell phones or other electronic devices while they are behind the wheel.

Thinking of the example of seat belt use is proof that these positive changes can be made and our highways can be safer than they are today. The National Highway Traffic Safety Administration recently reported that—after decades of educational campaigns and enforcement efforts—seat belt use is at an all time high. According to studies conducted in 2012, 86% of Americans are buckling up when they get into a car. That means there’s still room for improvement, but we have come a long ways since the days when cars didn’t even come equipped with seat belts.

It is time to make that same improvement when it comes to distracted driving. No phone call, text message or email is more important than the safety of you, your loved ones and the other families on the road. Keep that in mind when you are on the road this week and keep your phone away where it belongs. Changing this safety issue begins with each and every one of us.

Originally posted at The Legal Examiner by Craig Kelley

New Safety Standards for Infant Swings

Craig Kelley — Thu, 15 Nov 2012 14:36:00 GMT

For parents of infant children, an infant swing can sometimes be a real life saver—buying you precious time (and maybe some peace and quiet) to get things done around your home or give your undivided attention to other children. But as with many products for infants and young children, there are always safety concerns when using infant swings. The Consumer Product Safety Commission (CPSC) reports that between they received reports of 351 swing-related incidents that occurred between 2009 and 2012. Two of those were fatal and 24 more resulted in injuries.

Fortunately, this week, the CPSC took an important step towards making those products safer. In a press release from Tuesday, the Commission announced that it has approved new federal safety standards for infant swings. The new guidelines don’t go into effect until May of 2012. But, if you are expecting or you have a new baby at home with you, here’s what you should be expecting when you purchase an infant swing:

a stronger, more explicit warning label to prevent slump-over deaths. The warning advises consumers to use a swing in the most reclined position until an infant is 4 months old and can hold up its head without help;
a stability test that prevents the swing from tipping over;
a test that prevents unintentional folding;
tests on restraint systems, which are intended to prevent slippage and breakage of the restraints during use;
the cradle swing surface to remain relatively flat, while in motion, and while at rest;
electrically-powered swings to be designed to prevent battery leakage and overheating.;
toy mobiles to be designed to ensure that toys do not detach when pulled;
swings with seats angles greater than 50 degrees to have shoulder strap restraints; and
dynamic and static load requirements to ensure that the infant swing can handle specified loads without breaking.

We know that safety is something that is always on a parent’s mind, perhaps especially so with newborns and infants. These new standards should help put your mind a little bit more at ease when using infant swings.

Originally posted at The Legal Examiner by Craig Kelley

Think SAFETY This Halloween

Craig Kelley — Thu, 25 Oct 2012 14:57:00 GMT

With Halloween just a week away, do you find yourself taking care of some holiday preparations? Perhaps you’re hitting up the stores with your children to hunt down that perfect costume. Or maybe you’re gathering some friends this weekend for pumpkin carving and other fall festivities. Whatever activities have made their way on to your “Halloween Agenda” this year, make sure that you are keeping in mind some Halloween safety tips. And before you take your young ghosts and goblins out next week, make sure that they know what safe trick-or-treating is all about.

In the interest of keeping people safe this season, the Consumer Product Safety Commission (CPSC) has issued its Halloween Safety Alert, with important reminders for parents and caregivers.

Picking a safe costume

Think about fire safety for those jack-o-lantern-lit sidewalks. When you are out shopping for Halloween costumes, make sure that the costume and all accessories—wigs, masks, beards—carry the “Flame Resistant” labeling. Avoid costumes made with flimsy materials or big, baggy sleeves and bottoms.
Think about your children’s visibility. Make sure that costume will be clearly visible to motorists by using reflective tape and bags or sacks that are light colored or reflective. Check hardware, bicycles and sporting goods stores for reflective tape. Give your kids a flashlight to walk with.
Think about your children’s safe movement. Make sure that they aren’t tripping or falling over their costume and that their shoes fit properly. Masks, and other accessories shouldn’t slip down to interfere with their vision.

Safe trick-or-treating

Talk to your children about safe pedestrian habits for Halloween. This means walking—not running—from house to house; using the sidewalk and not the street; not walking across lawns where there may be hidden dangers; and being careful about parked cars.
Young children should always be accompanied by an adult or an older, responsible child.
Children should only go to homes where the residents are known and have outside lights on as a sign of welcome.
If you are expecting trick-or-treaters, make sure your walkway is well lit and that any candles you have—including in jack-o-lanterns are away from your landing and doorsteps.

Have a Happy—and SAFE—Halloween!

Originally posted at The Legal Examiner by Craig Kelley

Protecting Our Civil Justice System

Craig Kelley — Tue, 16 Oct 2012 14:48:00 GMT

A few weeks ago, in response to the President’s Weekly Radio Address, Senator Jeff Sessions (R-AL) had some interesting comments about the importance of juries and our civil justice system in the “Republican Response”. Sessions, a former federal prosecutor had these comments to share with the American people:

“The brilliance of our legal system is that it places judgment in the hands of everyday citizens. Twelve complete strangers, from all walks of life, sit in a jury box, carefully weigh the evidence and then reach an impartial verdict…As a prosecutor I learned to trust the wisdom of these everyday citizens.”

The brilliance of a jury-based justice system is also something that our Constitution recognizes and protects for every citizen. The 7^th Amendment grants the right to trial by jury and is the cornerstone of our civil justice system. Juries help to ensure fair and impartial trials—regardless of the parties involved—whenever someone is injured or harmed by another’s wrong doing. Because of the impartial role that juries play, throughout history, the 7^th Amendment right to a jury trial has led to safer consumer products, increased work-place safety, and enhanced quality and safety in health care.

Those are important considerations to remember when the topic of tort reform comes up—as it often does these days. Tort reform challenges the very nature of our civil justice system, and perhaps most concerning of all, shifts protections away from the individual and in favor of big corporations. In fact, the campaign to limit Americans’ access to justice via tort reform is run by corporate front groups looking to undermine the civil justice system so negligent corporations can avoid accountability. The U.S. Chamber is the most active tort reform group on the state and national level, spending millions of dollars annually to destroy the legal system and prevent Americans from holding negligent corporations accountable.

All Americans should have a fair chance to receive justice through the legal system – even when it means taking on the most powerful corporations or their front groups. That’s why it is important to our democracy and our society that the 7^th Amendment is protected and that the civil justice system remains accessible to all citizens so that they can seek justice and accountability.

Originally posted at The Legal Examiner by Craig Kelley

Confident That You Are Using Your Child Car Seat Correctly? Check Out These 5 Common Mistakes

Craig Kelley — Fri, 21 Sep 2012 11:55:00 GMT

Child Passenger Safety Week is coming to a close today, but the safety of our children passengers is something that we need to keep in mind every single day. And one area that caught NHTSA’s attention in particular this year was he proper use of car seats and booster seats. Appropriate seating is one of the most important ways we can keep our children safe in the car, and making mistakes—even small ones—in installing or using the seat can undermine even the best child seats.

That’s why parents of young children should pay attention to the results of a recent NHTSA survey on how parents use child seats. That survey showed a significant number of caregivers (20%) do not read any instructions when installing child car seats. So it may not be surprising that many parents are also making 5 significant mistakes when using these seats:

Using the wrong harness slots, which means that the harness straps used to hold the child in the car seat were either too high or too low.
Harness chest clip positioned over the abdomen rather than the chest, or not used at all.
Loose car seat installation, where the restraint system moved more than two inches side-to-side or front-to-back. Anything more than one inch is too much.
Loose harness, where there was more than two inches of slack between the child and the harness strap. There should be no slack.
Seat belt placement was wrong, where the lap belt was resting over the stomach or the shoulder belt was on the child’s neck or face.

Even if you feel confident that you haven’t made these common mistakes, your child’s safety is worth a fifteen minute inspection of the car seat installation and use. That same NHTSA survey indicated that even though 1 in 5 parents never read installation or use instructions, 90% of them still felt confident or very confident in how they were using those seats. Those numbers simply aren’t good enough when just a few minutes of attention could mean the difference between doing it all wrong and doing it all right. Safe Kids has an easy checklist available to help you make sure your child seats are doing their job. We encourage you to take a look at this today and keep it in mind everyday when you put your children in the car.

Originally posted at The Legal Examiner by Craig Kelley

Everyone Has to Fight Together to End Texting While Driving

Craig Kelley — Thu, 13 Sep 2012 12:32:00 GMT

Here’s a new twist on the texting while driving issue: legal liability not just for the driver who was texting, but also for the person who sent the text to someone while they knew that person was driving. This is precisely the issue that has emerged in a texting while driving car accident case in New Jersey.

The case involves a New Jersey couple who suffered severe injuries when their motorcycle was struck by a teenager who was texting and driving. The case already settled for $500,000 with the driver of the vehicle. But the couple also sought recovery against the driver’s girlfriend who sent him the text message to which he was responding at the time of the crash. The trial judge dismissed that claim, saying that she couldn’t be held liable. Now that issue is going up on appeal, with the injured plaintiffs arguing that the girlfriend should have known that the defendant was texting while driving and that while not physically present for the accident, she was “electronically present”.

While it will be interesting to see how these legal issues gets decided in the courts, this case—yet again—highlights the tragedy of texting while driving cases. Overwhelmingly, as in the New Jersey case, the texting driver (and his girlfriend) was a teenager. When these accidents happen not only do they destroy the lives of the plaintiffs, but they also destroy the lives of the young teenagers involved. Some data from across the country tells us about the extent of this problem:

The average age a person receives his first cell phone is now 11.6 years old
Texting is the #1 driving distraction for teenage drivers.
Text messaging accounts for the majority of distracted driving incidents and is now blamed for more than 6,000 driving fatalities per year. That is 25% of all traffic deaths.
According to NHTSA, individuals who text while driving are 23 times more likely to have an accident than those who do not text.
And a study from Virginia Tech found that, compared to drivers who are legally drunk, drivers who are texting are 6 times more likely to be involved in an accident.
Related to that, a Car and Driver Magazine report states that texting drivers have reaction times that are significantly lower than that of drunk drivers.

This information is simply too much to ignore, and as the tragic case out of New Jersey teaches us, ending texting while driving is an issue for which everyone has to take responsibility. We need to teach our teenage drivers about the serious dangers of texting while driving. But more than that, we need to encourage our teenagers to help be responsible for each other and not put their friends in a position to make dangerous choices. Sending a text to someone you know is behind the wheel isn’t all the different from handing them a drink as they step behind the wheel.

Originally posted at The Legal Examiner by Craig Kelley