Personal Injury

April 18, 2010

Recall of Roman Shades Due to Strangulation Scare

Roman Shades have been recalled by several companies over recent months following reports of strangulation in children the used the blind chords. Most recently, Ethan Allen joined the recall to include over 150,000 Roman Blinds. There were no reports of injury. However, all people using the Roman blinds should immediately take them down, store them in a safe place, return to the manufacturer or discard them. This recall affects all models and styles of Roman blinds.

Strangulation Risk

There are several ways that children can be strangled by Roman blinds. Children may place their neck between the inner cord and fabric when trying to look out the window or while playing near the blinds. Children may pull the cord out and wrap it around their neck. There is also a looped cord in which a child’s neck may get caught. Strangulation may involve a struggle which has the potential to tighten more around the neck. The end result may produce the inability to breathe, low blood pressure, chest pain, shock, stroke and death.

April 16, 2010

Construction Accidents: Know the Hazards

by Burton A. Padove

Construction accidents can be some of the most devastating types of accidents. Workers that are injured on the job may be eligible for worker’s compensation benefits. However, benefits offered through worker’s compensation may not equate to compensation for the total damages and life changing experiences that are incurred because of work accidents. Construction workers undoubtedly work in a high risk environment. Whether working on a scaffold or working with hazardous materials, the risk of injury is high for construction workers. For this reason, it is important to help prevent construction accidents as much as possible.

NIOSH has recently developed a set of precautions that construction workers can take to reduce the risk of serious injury or death, including:

Substances that are produced, used or result from job related tasks may pose a risk for injury or death.

April 10, 2010

Dialysis System Recall: Baxter Healthcare Faced with Class I Recall

by Burton A. Padove

Dialysis Systems by Baxter called HomeChoice and HomeChoice PRO are under a medical device recall following reports from physicians that people have experienced serious injury and one known death because of a defect in the product. The specific defect is unknown at this time. What is known is that the Automated PD system which is programmed to repeatedly deliver and remove dialysis solution may produce increased Intraperitoneal Volume (IIPV). Intraperitoneal Volume (IIPV) is described as overfilling of the abdominal cavity.

Intraperitoneal Volume (IIPV) is known to cause serious breathing difficulty, hernias of the abdomen or diaphragm, pulmonary dysfunction, hypertension, hydrothorax, pericardial effusion and peritonitis. Dialysis patients that are children or are seriously ill are at an increased risk of injury from the affected models of Baxter’s Dialysis System.

Some physicians may still be using Baxter’s HomeChoice and HomeChoice PRO. If they are still using Baxter’s Dialysis Systems, they are being advised by the FDA to inform dialysis patients about the risk associated with HomeChoice and HomeChoice PRO.

April 3, 2010

Broken Baseball Bat, Injury and the Law

by Burton A. Padove

Broken baseball bats have been an area of concern for the baseball community in recent years. Over 1500 baseball bats have been broken in one season for the Major Baseball League. The Minor Baseball League has banned the use of light weight maple bats that tend to fracture when used by baseball players. Yet, maple bats are not the only type of bats that pose a risk of injury. There are heavy hitting hickory wood bats, flaking ash wood bats, and high performance aluminum bats that may cause injury. In fact, it is not only the pitchers, umpires and infielders that are at risk of injury from a broken bat, fans watching baseball games are also at risk of injury.

Baseball bat injury risks are easy to understand. Baseball bats may produce a 2500 pound force at a rate of over 100 milers per hour, translating into nearly 4/10’s of a second reaction time. The speed of the bat also plays a role in the risk of injury. The speed at which a ball can travel is approximately 90 miles per hour for a wooden bat and roughly 105 miles per hour for an aluminum bat.

Baseball Bat Risks

March 28, 2010

Bike Injury and the Law

by Burton A. Padove

Bikes accounted for 43,000 injuries and nearly 100 deaths in 2007, according to the National Highway Traffic Safety Administration. At the onset, you may think that a bike injury is the cause of a swift reactive turn in response to a vehicle or some other obstruction. However, bikers maybe at risk of injury because of their bike helmet that can turn into a weapon or the bike mechanisms may malfunction.

Bike risks relate to both children and adults. Twelve thousand children and twenty six thousand people between the ages of 16 and 54 were injured on bikes in 2007. One of the problems associated with the risk of a bike injury is that people may not be aware of such risks. Bike helmet companies tout the benefits of strong lightweight fiberglass or carbon fiber shells, UV protection, ventilation systems, and antibacterial fabric, but the risk of injury from a hard hit may not be disclosed. Bicycle companies offer heavy duty light weight frames, top end rims and axles, street and dirt worthy tires as well as cranks and rotors for power, speed and high performance. Yet, the risks such as the bicycle’s quick release mechanism inadvertently discharging, should support every biker being more aware of the risks associated with a bicycle.

Laws About Bicycles and Bike Helmets

March 16, 2010

Food Borne Illness Risk Uncovered at Meyer Food Service Plant

by Burton A. Padove

Food borne illnesses can be traced to manufacturing plants that do not meet regulations for safety. Red flags went up for the risk of a food borne illness at Meyer’s Seafood Processing Facility recently. In October of 2009, inspectors uncovered violations of the seafood Hazard Analysis and Critical Control Point (HACCP) regulation, Title 21, Code of Federal Regulations, Part 123 (21 CFR 123).

The Wisconsin based seafood plant has received a warning letter because of several failures to meet regulations including:

• Meyer’s vacuum-packed cold-smoked salmon, bonito, mahi-mahi, tuna, wahoo, mackerel, jobfish, jack or crevalle, trevally, escolar, clams, cockles, mussels, oysters, scallops, and air packed, hot-smoked salmon have been deemed adulterated because they have been prepared, packed, or held in unsanitary conditions and rendered injurious to health.

March 10, 2010

Closed IV Catheter Systems Recall

by Burton A. Padove

Millions of Becton, Dickinson and Company catheter systems are involved in a recall because of a defect in the product that may result in injury or death to a user. The direct flaw of the catheter system involves the risk of an air embolism and leakage of blood or therapeutic fluids. These risks pose an additional risk of serious injury or death.

Becton Dickson received reports that air was entering through the septum disk. Catheter system failures were reported on units that were distributed from November 2009 to November 2009.

Catheters are used in hospitals to treat a variety of medical conditions, including, but not limited to:

March 8, 2010

Cardiac Defibrillator Recall

by Burton A. Padove

Cardiac defibrillators can be faulty at times and such is the case with Cardiac Science’s automated external defibrillator. The manufacturer of the medical device has discovered a flaw in the design of the defibrillator which can lead to the inability to resuscitate an individual in need. Over 12,000 of the defibrillators have been recalled due to the defect in design. People using the defibrillator may feel protected from harm because they are using the medical device, but this is a false impression in light of the defect. The defective models include:

Powerheart 9300A, 9300E, 9300P, 9390A, 9390E
CardioVive 92532

March 5, 2010

Toyota Recall: Owners Not Injured and Those That Are May Have Entitlements

by Burton A. Padove

Toyota owners that have not been injured and those that have may be entitled to financial compensation because of the defects associated with Toyota cars. Toyota recalls have totaled approximately 8 million autos over the past several months, including several models:

2009-2010 RAV4 Crossover
2009-2010 Corolla

March 3, 2010

NSF Sparks the Need Know Your MRI Contrast Dye

by Burton A. Padove

NSF, also known as nephrogenic systemic fibrosis or nephrogenic fibrosing dermopathy, has been linked to a gadolinium-based contrast agent that has been used in 200 million MRI procedures. Dating back to 2006, investigative authorities and Omniscan, the manufacturer, had begun to receive reports of nephrogenic systemic fibrosis in people that were given the gadolinium-based contrast agent during their MRI. Later, studies have documented that gadodiamide intoxication can build in years over time. The studies also noted that loss of renal function increases the severity of NSF. Researchers have not been able to fully identify the clinical, biochemical and pharmacological factors that relate to NSF and gadolinium contrast dye. However, it is clear that the key ingredient, namely gadodiamide, is responsible for producing NSF in patients that used this contrast dye for their MRI.

NSF is a painful debilitating disease that cannot be easily treated and may result in a slow painful progression to death. People with NSF are known to suffer from skin death that may encompass the body including: fibrosis of the diaphragm, muscles, abdomen and lungs. The skin may thicken as well. People with NSF may suffer from joint dysfunction and connective tissue disorders which can limit their mobility. People with NSF may also suffer from kidney impairment.

The manufacturers Bayer Healthcare, Bracco, Covidien, GE Healthcare and Mallinckrodt have all produced gadolinium contrast dye. It is not known how many of the 200 million people that have been administered the contrast dye is affected by NSF. However, there are a high number of reports of serious injury and death due to gadolinium related NSF.