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New Laws About Leaving Children Unattended in Cars

Jenny Albano — Tue, 31 Jul 2007 14:23:28 GMT

As of now twelve states have laws that specifically prohibit parents or guardians from leaving children alone in cars. Some of the states make it a traffic violation that includes a ticket or fine and other states make the offense a misdemeanor with a possible prison sentence. All states have laws that allow authorities to charge parents with child neglect and endangerment if a child dies because he/she was left unattended in a car.

In Florida, the child-in-car law was just recently amended to make it a second-degree misdemeanor to leave a child under the age of 6 alone in a vehicle for more than fifteen minutes or at all if the car is still running. The new rules went into effect on July 1, 2007 and if a parent or guardian is prosecuted they could face up to 60 days in jail and a fine of $500.

An advocacy group called Kids and Cars had been trying to toughen legislation on this issue.

"We're trying to get people to realize it is just as dangerous to leave a child alone in a vehicle as it is to leave him near a body of water," said Kids and Cars founder and president Janette Fennell. "Just in seconds, something can happen."

Fennel said that there are around 30 to 40 cases of hyperthermia deaths, which is death from unusually high body temperatures, of children left in vehicles every year. These rates have been increasing since the 1990s. Many children die from strangulation by power windows or by crashes caused by knocking the car into gear. Abduction is always a danger of leaving a child alone.

Two South Carolina toddlers were found dead after they overheated and died in their mother's car on Monday, July 30. This is just one tragic example of why harsher consequences need to be inflicted on parents or guardians who leave their children in danger in a car by themselves.

Originally posted at InjuryBoard by Jenny Albano

FDA Links Botox to Adverse Reactions and Death

Tara Helms — Wed, 02 Jul 2008 11:34:07 GMT

Botox (Botulinum toxin) has become well known for its use for cosmetic purposes in smoothing wrinkles. Botox, however, has been linked to cases of serious adverse reactions, including death, according to the Food and Drug Administration (“FDA”). The FDA notified the public that Botox and Botox Cosmetic (Botulinum toxin Type A) and Myobloc (Botulinum toxin Type B) have been linked to respiratory failure and death, following treatment of a variety of conditions using a wide range of doses.

Botox (type A) is approved for treatment of conditions such as blepharospasm (spasm of the eyelids), cervical dystonia (severe neck muscle spasms), and excess sweating. Botox Cosmetic, also botulinum toxin Type A, is approved for temporary improvement in facial lines and wrinkles. Myobloc (type B) is approved for the treatment of adults with cervical dystonia. The safety and effectiveness of Myobloc for cervical dystonia in children have not been proven.

The most severe adverse reactions were found in children treated for spasticity in their limbs associated with cerebral palsy. The adverse reactions appear to be related to the spread of the toxin to areas away from the site of injection, and mimic symptoms of botulism. Symptoms of botulism may include difficulty swallowing, weakness and breathing problems. Some patients with difficulty swallowing have required feeding tubes. Also, some patients with breathing problems were unable to breath without the assistance of a ventilator. Serious outcomes included hospitalization and death.

Consumer rights groups have asked the FDA to add the strongest warning, a black box, to the products’ label. These groups have also asked that patient-friendly medication guides be developed alerting patients to the earliest signs of an adverse reaction. However, the FDA has indicated that a black box warning is premature at this time.

Until the FDA has completed its review, the FDA has warned patients and healthcare providers to be alert to the potential for adverse reactions following the administration of Botox. The FDA also advises patients who have received Botox to receive immediate medical attention if they have unexpected difficulty swallowing or talking, trouble breathing, or muscle weakness. The FDA also asks patient to report adverse events to FDA’s MedWatch reporting system.

Originally posted at InjuryBoard by Tara Helms

Texting While Driving - Is a Federal Ban Necessary?

Margaret Embry — Thu, 18 Jun 2009 15:05:34 GMT

According to the Montgomery County News, a one car accident occured near Splendora, TX on June 7, leaving the driver critically injured and the passenger dead. The accident has been attributed to the fact that the driver was texting while driving. The passenger, who died several days after the accident,

told the trooper the last thing he recalled was looking up from texting, realizing the truck was about to go into a ditch and calling out to the driver, who he said was also texting.

The next thing he recalled, according to his statement, he was on the ground outside of the truck which was upside down with major damage and his friend critically injured and still inside.

This is an example of one of many accidents occuring because of texting while driving across the United States. Alabama, specifically, ranks the third highest in number of drivers who text while driving in the U.S. (thirty-four percent of drivers), according to a recent survey published by Vlingo Corp. The survey found the highest percentage of texting drivers in Tennessee with forty-two percent, with New Jersey coming in second with thirty-five percent. The lowest percentage was found in Arizona.

While the number of texting while driving related accidents are on the rise, should there be a federal ban on texting while driving? Thirteen states currently have laws against texting while driving and seventeen more states are considering such laws, but some believe that there should be a federal ban, according to an article on CBS News' website. One family whose daughter was killed last year are pushing for a federal ban on texting while driving. The young woman was not texting, but the driver of a tractor trailer a few cars behind her was, leading to her death and the death of another driver.

The largest number of people texting while driving are between 18 and 24. One out of two drivers in this age range text while driving. Some parents who have become worried about their children texting have installed cameras in the young adults' cars. This age group as well as other drivers have learned not to drink and drive because it's against the law so advocates of a federal ban on texting while driving are hoping it will have the same effect as drinking and driving and drivers will keep their eyes on the road and off of their cell phones.

Originally posted at InjuryBoard by Margaret Embry

Insurance Companies Pad Profits

Eric Artrip — Fri, 25 Jul 2008 15:41:22 GMT

A new study on the "Ten Worst" insurance companies confirms what we in the legal business have long known: Insurance companies put profits ahead of those that are injured and even above their own customers. As an attorney, I've seen firsthand how insurance companies conduct themselves in order to pad their profits.

Take, for instance, a woman I am representing. On the day she and her husband applied for life insurance, they bought a temporary policy that would cover them from "day one." However, when her husband died suddenly of a heart attack, the insurance company denied the claim and claimed the check for payment was never cashed.

When I showed them a copy of the canceled check, they changed the reason for the denial. Right now, we're on their fourth reason with no end in sight.

Too often, insurance companies and millionaire CEOs put profits ahead of the health and safety of the public and their customers. When they do, the only place to get justice or hold wrongdoers accountable is in our courts.

For this reason, it's not surprising that insurance companies have spent years and millions of dollars trying to convince Alabamians that the civil justice system is "broken." It's about time they are held accountable. The only thing "broken" are their promises.

Originally posted at InjuryBoard by Eric Artrip

Police Investigating Car Accident that Killed 3 Alabama Cheerleaders

Jenny Albano — Sun, 02 Dec 2007 15:31:09 GMT

Police are investigating the cause of a car accident that killed three Alabama high school cheerleaders and injured four in Friday night, November 30.

Sarah Casey, 16, Courtney Niceley, 17, and Whitney Bradford, 16, of Warrior, Ala., all died when the car they were in hit a tree and went over an embankment. The driver, Sarah Elizabeth Agee, 17, Brittany Lovejoy, 17, Ariel Nibblet, 17, and Alexandria Thomas, 16, were all injured, but thankfully survived the crash.

The Blount County coroner says that the girls were just goofing around, singing and laughing when the driver lost control of the vehicle. He doesn't think that the accident was caused by anything other than the driver was distracted. The teens attended Hayden High School and were returning home from a cheerleading clinic at the time of the crash.

The accident occurred on Alabama Highway 160 about 10 miles east of Hayden. The 2006 Chevrolet Malibu was traveling westbound at around 9:10 p.m. Thursday when it struck the tree and went over the embankment.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Jenny Albano

Nintendo Wii Assists United Cerebral Palsy Therapy Program

Tara Helms — Tue, 18 Aug 2009 18:57:09 GMT

Clay Martin and Tara Helms of Martin & Helms, P.C., a local personal injury law firm, presented a Nintendo Wii gaming system to United Cerebral Palsy of Huntsville & Tennessee Valley, Inc., (UCP) Aug. 17 in conjunction with the nationwide InjuryBoard Project Wii-hab.

UCP Family Services Supervisor Julie Carden accepted the donation of a Wii Fit, Wii Sports, Wii Play, and controllers on behalf of the organization. UCP therapists will use the new gaming equipment during physical and occupational therapies with clients of all ages and abilities.

“Our therapy center is excited to have a Wii system to use with our clients,” Carden explained. “It will be an interactive, fun way to incorporate skills, such as motor coordination, balance, and hand-eye coordination, into therapy sessions. We look forward to using it with clients of all ages.”

UCP is a 501(c)(3) non-profit organization operating two regional centers in Huntsville for individuals in the North Alabama area with cerebral palsy and those representing approximately 155 additional diagnoses, including stroke, traumatic brain injury, autism, Down syndrome, and sports-related injuries. UCP provides physical, occupational and speech therapies, as well as educational, technology and social services to more than 1,000 individuals with disabilities and their families annually in Madison, Marshall, Morgan, Limestone, and Jackson counties. Additionally, UCP’s childcare training, respite and technology services reach statewide.

“Being on the Board of UCP for the past several years, I have come to learn first hand that their physical and occupational therapy programs are top notch and provide life-changing treatment to the facility’s patients. So, when the folks at Injury Board suggested the Wii give-away program, I immediately knew that such a donation would be well received and put to great use by the therapists at UCP,” provided Clay Martin. “We, as a law firm, are very proud to be in a position to assist UCP.”

InjuryBoard is a growing community of personal injury law firms, attorneys, safety industry experts, and consumer advocates committed to making a difference by helping people avoid injury, and to helping those who are injured get the assistance they need to move on with their lives after an accident.

The InjuryBoard network of attorneys banded together this August for Project Wii-hab. The project encourages InjuryBoard members, like Martin & Helms, P.C., to donate Wii gaming systems to hospitals, rehabilitation centers and nursing homes in the communities they serve in an effort to encourage patients to rediscovery healthy living.

For more information on the Martin & Helms, P.C. donation to UCP, contact Clay Martin or Tara Helms at 539-1990 or martin@martinhelms.com; helms@martinhelms.com. For more information on this and all UCP programs and services, contact Julie Carden at 852-5600 or jcarden@ucphuntsville.org.

For more information on the nationwide InjuryBoard Project Wii-hab, contact

Wii Give-Away Project Coordinator James Cool at JCool@injuryboard.com or

(520) 909-8753.

Originally posted at InjuryBoard by Tara Helms

Vytorin Linked to Cancer?

Tara Helms — Mon, 06 Oct 2008 17:33:12 GMT

The FDA is investigating a report of a possible association between the use of Vytorin and a potentially increased incidence of cancer. Vytorin is a combination of Zocor and Zetia and is generally prescribed to reduce LDL-cholesterol levels. A recent study, however, raises an alarming question: Can the use of Vytorin cause cancer?

A clinical study known as the SEAS trial tested whether lowering LDL-cholesterol with Vytorin would reduce the risk of major cardiovascular problems. A lower cardiovascular risk was not found with Vytorin. However, there was an additional observation that a larger percentage of people treated with Vytorin were diagnosed and died from all types of cancer, including skin cancer, when compared to placebo during the 5-year study. The FDA is considering, but has not yet reached a conclusion, about whether this information warrants any regulatory action. According to the New England Journal of Medicine, “it is appropriate to raise a note of caution. Whether the increased mortality risk is due solely to the play of chance is uncertain. Ezetimibe [Zetia] interferes with the gastrointestinal absorption not only of cholesterol, but also of other molecular entities that could conceivably affect the growth of cancer cells.”

According to the FDA website, Zocor, a “statin” class drug approved in 1991, decreases production of cholesterol by the liver and is indicated to reduce LDL-cholesterol levels and reduce the risk of cardiovascular events such as heart attack and stroke. Zetia, approved in 2002, inhibits the absorption of cholesterol in the intestine and is indicated to reduce LDL-cholesterols. Vytorin, the combination product, was approved in 2004 and indicated to reduce LDL-cholesterol levels.

Earlier this year, Vytorin’s effectiveness was called into question. A company-sponsored trial known as the “Enhance” trial was meant to prove that Vytorin’s combination of Zetia and Zocor would reduce the growth of fatty plaque in the arteries more than Zocor alone. Instead, the plaque actually grew almost twice as fast in patients taking the combination drug.

These recent studies raise serious questions: Does Vytorin work? Can it actually put you at higher risk for cardiovascular problems? Does it put you at an increased risk of getting cancer?

Links to NEJM articles:

Change of opinion: http://content.nejm.org/cgi/content/ful...
Full SEAS Vytorin trial: http://content.nejm.org/cgi/content/ful...
Gene damage study: http://content.nejm.org/cgi/content/abs...

Links to Canadian Medical Association Journal article:

http://www.cmaj.ca/cgi/content/full/179...

Originally posted at InjuryBoard by Tara Helms

Don’t Give Your Car Keys to a Drunk or Careless Driver

Tara Helms — Thu, 09 Jul 2009 17:26:31 GMT

If you do, you could be subject to liability for compensatory and punitive damages if that driver causes a wreck which results in personal injuries. All of us have a legal duty to the public, not to provide a vehicle, or allow a person to drive a vehicle who is incompetent to do so. Incompetency can take many forms such as: inexperience, intoxication, or a bad driving record.

The elements of a cause of action for negligent and/or wanton entrustment of a vehicle are: (1) an entrustment; (2) to an incompetent; (3) with knowledge that he or she is incompetent; (4) proximate cause; and (5) damages.

The test in Alabama, is whether the entrustor of the motor vehicle knew, or from the circumstances could or should have known of the driver’s incompetence. This may be proven by showing specific acts of incompetency that the person giving the keys knew or should have known about. Examples include where the driver has had multiple driving offenses for speeding or DUI that the person entrusting the vehicle knew about, or should have known about. An obvious situation might involve two friends who are out drinking together, and that friend asks to borrow your car. If you know or have reason to know that this person is intoxicated, and you provide him or her the keys to your vehicle, you will likely be subject to liability if that person causes a wreck. Just because you do not personally get behind the wheel of the vehicle does not protect you from liability.

Originally posted at InjuryBoard by Tara Helms

Veggie Booty Snack Recalled

Jenny Albano — Fri, 29 Jun 2007 10:26:23 GMT

A popular snack food called Veggie Booty is being recalled due to concerns about a rare form of salmonella contamination. The FDA warned consumers not to eat the snack, manufactured by Robert's American Gourmet. All other Booty snacks, such as Pirate's Booty, Cocoa Booty, and Fruity Booty, are not included in the recall.

This warning is based on 52 illness reports in 17 different states, dating back to the beginning of May 2007. The majority of the illnesses occurred in children under 10 years old, most of which were toddlers. Four people were hospitalized due to the salmonella wandsworth infected snack food.

Robert's American Gourmet is cooperating entirely with the FDA and has stopped manufacturing and distributing of the product. The company is also recalling any potentially contaminated Veggie Booty. This product is sold in every state in the U.S., in Canada, and on the Internet.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Tony Hawk Boy Pajamas Recalled

Chrissie Cole — Fri, 23 Jan 2009 10:05:00 GMT

Mad Dog Concepts, in conjunction with the U.S. Consumer Product Safety Commission (CPSC), announced a voluntary recall of 25,000 Tony Hawk Boy Pajama Sets because they fail to meet federal children’s sleepwear flammability standards which pose a risk of burn injury to children.

To date, the company has not received any reported cases of injury associated with the recall.

The recall includes the following skateboard-themed boy’s pajama sets:

Boards Estate, Item Number: TH005LSB

Heathen Skull, Item Number: TH006BSB

Backspray, Item Number: TH007GSB

Stix Jester, Item Number: TH008RSB

The agency advises consumers to immediately stop using the recalled pajamas and contact the company to receive a full refund.

Consumer Contact: For additional information, contact Mad Dog Concepts toll-free at (888) 623-3640 between 8:30 a.m. and 5 p.m. ET Monday through Friday.

Originally posted at InjuryBoard by Chrissie Cole