Personal Injury Law Update

Firework Safety Tips from Oregon Health and Science University

As Independence Day celebrations draw near, it's important to remember that fireworks are inherently dangerous, and if not used wisely, can cause blinding, amputations, severe burns or death. For example, each year in the United States, approximately 2,400 people are treated in hospital emergency rooms for eye injuries caused by fireworks. Twenty-five percent of those injuries result in permanent vision loss or blindness. According to the Oregon Health & Science University Casey Eye Institute, eye injuries happen in less than a second but often cause lifelong visual impairment.

Doctors at OHSU offer the following tips to avoid firework injuries:

• Never allow children to play with fireworks. About half of those injured last year were under age 15.
• Read and follow all fireworks warnings and instructions. Be sure other people are out of range before lighting fireworks.
• Never try to relight fireworks that have not fully functioned.
• Keep a bucket of water nearby in case of an accident or fire.
• Only light fireworks on a smooth, flat surface.
• Fireworks should be lit away from houses, dry leaves and flammable materials.
• Do not use bottle rockets. They are the most dangerous type of fireworks by far because they fly erratically, frequently injuring bystanders. Bottle rockets cause 67 percent of all fireworks eye injuries. Firecrackers cause 7 percent of eye injuries and Roman candles cause 4 percent.
• Protect your eyes with safety glasses or safety goggles. Regular prescription glasses, sunglasses or contact lenses provide little or no protection and can actually contribute to an injury.
• Never put fireworks in glass bottles, tin cans or clay pots because these objects can shatter and cause eye injuries.

New Research Shows Frequent Heavy Alcohol Consumption by College Students Sharply Increases Risk of Injury

One recent study estimated that more than 500,000 U.S. college students suffered alcohol-related injuries in 2001. Additional research reported on MedPage Today shows that male college students increase their risk of an injury by 19% for every day of drinking eight or more drinks. For females, the risk increased by 10% for every day of drinking five or more drinks. In other words, it's not just the quantity of alcohol alone or frequency of consumption alone. Rather, a drinking pattern of frequent extreme intoxication causes injury rate to escalate rapidly. At the highest levels, the research found, males who drank nine or more drinks per day on 11 or more occasions in the previous 28 days had a 43% chance of an alcohol-related injury over the previous six months.

Results of the research are available online in Alcoholism: Clinical & Experimental Research.

The message for parents? If you suspect your college-aged son or daughter has a drinking problem - get them help fast. It could save their life.

A Resource for Loved Ones of Children Who Have Been Injured

Recently we came across a website called "Aftertheinjury.org", which we have found to be an informative website geared toward helping loved ones of children who have suffered catastrophic injuries.If your child has been injured due to negligence on the part of another, they may be suffering both physically and emotionally. "After the Injury" can be a resource to help you, as the child's loved one get through the difficult times ahead. It gives parents knowledge of what to expect after their child has been injured, how to help the child recover and how to rate the child's reaction to traumatic stress, along with other important information. The site offers quick links to tip sheets, tips from other parents, pain management and information on when to get outside help in managing traumatic stress. Along with a personal injury attorney, "After the Injury" may be a helpful resource in your child's time of need after a catastrophic injury.

Trucking Accident Leaves One Man Critically Injured

According to the Oregonian, last weekend a semi-truck and a Toyota Camry carrying two people, traveling northbound on I-5 near the Charbonneau Interchange, collided when the truck made an unsafe lane change.

The truck pushed the car across three lanes of northbound traffic where it then careened into the concrete median and flipped over. The driver of the car, David William Brown, 32, of Junction City, Oregon was treated at OHSU for minor injuries while the passenger, David Campbell, 65 also of Junction City was taken to OHSU by LifeFlight in critical condition.

The driver of the semi-truck, Martin Landeros, 41, of Salinas, California, was not injured and was cited for making an unsafe lane change.

Medtronic Recalls Kappa and Sigma Pacemakers With Wiring Problems

Medtronic and the FDA recently announced a Class 1 recall of approximately 21,300 Kappa and Sigma pacemakers manufactured primarily between November 2000 and November 2002. Patients can enter the serial number of their device at this Web site to find out whether it is included in the recall.

The reason for the recall is that the "devices may fail due to a separation of wires that connect the electronic circuit to other pacemaker components, such as the battery." In rare cases, patients who are pacemaker-dependent may experience serious injury or death resulting from the defect.

See further details on MedPage Today.

Airbags AND Seatbelts Combine to Reduce Risk of Facial Injuries in Car Crashes

Research recently reported in the May/June 2009 issue of Archives of Facial Plastic Surgery indicates that wearing a seatbelt has the most protective effect against facial injury in auto accidents, while airbags have little effect on injuries if seatbelts aren't worn. In other words, airbags alone were not associated with a reduced chance of facial fracture injury while seatbelts, together with front airbag use, were associated with a significantly decreased likelihood of facial fracture.

Researchers also concluded that automakers still have some work to do to protect occupants from side impacts, which were significantly associated with an increased risk of facial fractures. As explained, side impacts remain "an area where current vehicle and restraint technology may be inadequate."

Finally, researchers found that "[t]he most significant risk for all fracture types was impact with . . . with stationary objects such as trees, phone poles, or other static structures."

Read the full story on MedPage Today.

Safety Tips to Avoid Injury From 6 Common Summer Hazards

Summer is a time for fun, outdoor activities. But you might be surprised to learn it's also the busiest season for the emergency room. Six of the most common summer hazards are: heat stroke, drowning, bicycle accidents, car accidents, sun damage, and insect bites and stings.

A recent article in the online version of the Dallas Morning News provided advice to readers on how to avoid injury from these hazards. Among other tips:

• To avoid heatstroke, stay out of the direct sun during the hottest part of the day and drink lots of water and fluid replacements. Never leave a child alone in a car, even with the window slightly open.
• Drowning is the second-leading cause of accidental death among children ages 1 to 14. To avoid tragic accidents, never leave children unattended around pools, lakes, oceans or bathtubs. When boating, all participants should wear a Coast Guard-approved life jacket.
• To reduce the risk from insect bites (which can cause severe allergic reactions), use insect repellant (although avoid putting it around the eyes, mouth and open wounds, and use it sparingly around the ears). Wear light-colored clothes, and tuck your pant legs into socks and shirts into pants so your skin is not exposed.

Click here to read the full article.

Congress Considering Legislation to Eliminate Manufacturers' Blanket Immunity From Lawsuits Over Faulty Medical Devices Preapproved by FDA

Under the Supreme Court's 2008 decision in Reigel v. Medtronic making the FDA the final arbiter of medical device safety, if a medical device receives premarket approval from the FDA, the manufacturer cannot be sued for damages by any individuals injured by the device. Following that decision, lower courts threw out 1,400 lawsuits against device manufacturers.

Ironically, drug manufacturers do not enjoy the same immunity. Under the Supreme Court's March 2009 decision in Wyeth v. Levine, FDA approval of a drug does not shield its manufacturers from lawsuits commenced by injured patients.

Now Congress is considering rectifying that inconsistency with the Medical Devices Safety Act of 2009, which would provide injured parties with legal recourse if they are injured by an implanted medical device.

For arguments for and against the passage of the legislation, see this article recently appearing on MedPage Today.

Study Links Flomax Use to Cataract Surgery Complications

As reported on the ophthalmology blog, EyeDocNews, a recent study has shown that that taking tamsulosin (a drug better known as Flomax) for certain prostate conditions within two weeks of cataract surgery poses an increased risk of serious postoperative complications.

Specifically, according to researcher Chaim Bell, M.D., Ph.D., of St. Michael’s Hospital in Toronto, and colleagues, patients who filled a prescription for Flomax shortly before cataract surgery were 2.33 times more likely to receive postoperative treatment for retinal detachment, lost lens or fragment, or endophthalmitis than men with no exposure to the drug.

If you or a loved has been taking Flomax and experienced complications after cataract surgery, the medication error lawyers at our Portland offices can help you evaluate your legal options.

FDA Announces Recall of Fun Express Water-Based Face Paints for Children Due to Adverse Skin Reactions

Earlier this month, the FDA notified consumers and healthcare professionals of the recall of cosmetic “Face Paint” items distributed by Oriental Trading Co., of Omaha Nebraska, due to reports of skin reactions in children using the face paint, including rashes, itchiness, burning sensation, and swelling. All exposures occurred on the same day at an organized event in children exposed to various colors of the face paint. Significant microbial contamination was indicated in most of the products in testing by an FDA laboratory. These items were distributed nationwide.

See the release for further details.