Personal Injury Law Update

Injury and Abuse in Nursing Homes

As a larger percent of the population ages, more and more individuals are living in some sort of assisted living environment, whether that be a nursing home or an adult care facility. While these differ greatly in the level of care provided, residents of this vulnerable population are susceptible to injury and abuse. This can range from something as minor as receiving the wrong dosage of a medication, to something much more serious such as a preventable fall resulting in severe injury or death.

Because of the fast increase in the elderly population, facilities are frequently understaffed, causing many residents to receive less care than required. Neglect and non-treatment of residents can lead to severe injury, and in some cases, death. The elderly population is protected by a variety of state and federal laws, but violations go unreported and uncorrected. The state and federal regulatory agencies rely main on the facilities themselves to report any resident neglect or abuse. Residents themselves are elderly and often have trouble communicating their concerns or are forgetful about things that may have happened.

The National Center on Elder Abuse provides a variety of resources, including where to report abuse, and local agencies that can assist older individuals. This is a great resource for the elderly and their families. In addition, Medicare allows you to explore all facilities in a location and compare them based on their ratings and size.  This can help you find the best facility available in your price range. As the elderly population grows, it will become more and more difficult to find a suitable living situation, but with a little research and investigation, you can prevent your loved one from becoming another statistic.

How to Avoid Causing a Fire at a Gas Pump From Static Electricity

I recently viewed a documentary on TV reporting on how motorists are unwittingly sparking fires at gas pumps with static electricity. Among other tragic incidents, a woman lost her life while pumping gas at a station near Tulsa, Oklahoma, when static electricity that she generated sparked a blaze that went out of control.

As explained by experts, static electricity fires at gas stations are caused when drivers get back into their cars while the gas is still pumping. By getting into their seats, they are building up static electricity (just like rubbing your feet on the carpet and touching a door knob). That static electricity can turn dangerous when a driver goes back to the nozzle. As vapors come out, touching the nozzle can spark a fire.

The way to get rid of static electricity before touching the nozzle is to touch the door of your car (some gas stations now offer a decal at the pump that can also be touched).

And if a fire should start, do NOT remove the nozzle from the car. That could cause an even bigger fire. Instead, remove any people from the car, and get away from the car as fast as possible.

Click here to read more.

FAA to Seek Data on Pilot Sleep Deprivation

Congressional leaders pressed FAA officials at a hearing yesterday for data on how many pilots skip sleep the night before a flight. Pilot fatigue has become a "hot button" issue after the National Transportation Safety Board found this month that the Feb. 12, 2009 crash by Pinnacle Airlines Corp.’s Colgan unit near Buffalo (which killed 50) was caused when the captain’s faulty response to a cockpit warning put the aircraft into an aerodynamic stall, and that the pilots' performance was likely impaired by fatigue due to lack of adequate sleep prior to the flight.

Read more about pilot and aircraft safety issues here.

FDA Announces Label Changes for Asthma Medications: Serevent and Foradil

Due to risks including severe exacerbation of asthma symptoms, the FDA recently announced label changes intend to promote safe use of two long-acting beta agonists (LABA) approved for asthma, salmeterol (Serevent) and formoterol (Foradil). Labels will be changed to require that the drugs always be used in combination with an asthma controller medication such as an inhaled corticosteroid. Additional precautions include:

• LABAs should only be used long-term in patients with asthma not adequately controlled with inhaled steroids or other controller medications.
• The agents should be used for the shortest time possible to achieve symptom control. Once patients are no longer experiencing symptoms, LABAs should be discontinued if possible with patients maintained on controller medications alone.
• Children and adolescents needing a LABA should use a combination product that also contains an inhaled steroid to ensure compliance with both medications.

Read more on MedPage Today.

Parents Frequently Err in Dosing Children With Liquid Medications

A recent study found that adults responsible for giving their children liquid medications often gave them too much. Errors occurred most frequently when the dosing device was a cup instead of a spoon or oral syringe.

In the study, when parents were asked to prepare a 5-mL dose for a child, about 70% of the 302 parents in the trial put more than 6 mL in cups that were packaged with the medication.

Dosing errors were nearly twice as common among caregivers who tested poorly for health literacy.

The study concludes that it may be necessary to reconsider how medications intended for young children are packaged, including redesigning of dosing devices.

Click here to read more on MedPage Today.

Children Ages 4 to 8 are Safer Using Booster Seats Than Seatbelts Alone in Cars

In a study published late last year, researchers determined that children ages 4 to 8 are safer using booster seats than seatbelts alone when riding in cars. Specifically, after crash characteristics and other factors were accounted for, children in belt-positioning boosters were 45% less likely to sustain a serious injury in an accident.

The finding supports recommendations from the American Academy of Pediatrics (AAP) and the National Highway Traffic Safety Administration that children should use booster seats from age 4 until they're tall enough to fit properly in vehicle seats, which occurs when a child reaches 4'9" in height (around 8-12 years of age).

Read more on MedPage Today, which reported on the research.

Lingual Nerve Damage - A Risk Of Tooth Removal

Every year, thousands of people have their wisdom teeth removed.  Wisdom teeth, which are the third set of molars, are often removed when a person is in their teenage years up to their late twenties. The teeth often do not break through the gum until people are in their teens or twenties and some wisdom teeth never erupt and stay completely in the gum tissue.  If the teeth do erupt from the gums, it can be painful.  Removal is not always necessary, but it is a common preventative measure to avoid teeth crowding, eruption, infection, and pain.  Delayed removal can also increase a person’s risk of developing complications.  The dentist or oral surgeon will advise their patient of options in regards to removal after examination and x-rays are taken. 

While a common procedure, wisdom tooth removal does carry risks as with all surgical procedures. Bruising, bleeding, and difficulty opening one’s mouth are also risks, but often resolve during recovery. “Dry socket” can also occur and is caused by loss of the blood clot from the extraction site.  While incredibly painful, dry socket is not a permanent injury.   Permanent injuries can include bone splinters, jaw fractures and lingual nerve injuries.   The bottom jaw is also filled with nerve endings that allow us to taste and feel texture with our tongue.  The rate of occurrence of lingual nerve injuries is difficult to estimate because the degree of the injury to the lingual nerve and resulting symptoms can vary so widely. A lingual nerve injury is a devastating event for the injured person.  Some lingual nerve injuries will heal within a few days of the procedure and some lingual nerve injuries are permanent.  While lingual nerve injuries can occur during tooth extraction due to the location of the teeth, they can be caused by the dentist’s instruments.  Once the lingual nerve is injured by being severed or nicked by a drill or other instrument, the patient will likely experience some degree of numbness, pain, tingling or lack of sensation in that area of their mouth.  Even if the teeth are tilted, difficult to remove, infected, or the patient delayed removal, the dentist or oral surgeon must still take the same degree of care and seek to minimize the risks and damage to the patient during the removal. 

Lingual nerve injuries during tooth extraction are something that everyone should consider when choosing a dentist or oral surgeon.  Find out how many of these procedures the dentist or oral surgeon has done, whether they experienced in removal of impacted teeth, and whether they’ve ever had a malpractice claim filed against them.  It is also imperative to ask the dentist’s expectations for your recovery after removal.  If friends or family members have had their wisdom teeth removed a referral to their dentist can often be the best way of finding a well-qualified dentist or oral surgeon.

Toxic Cadmium Detected in Children's Jewelry from China

Cadmium is a known carcinogen. Like lead, it can hinder brain development in the very young, according to recent research. Unfortunately, now that lead is heavily regulated under the Consumer Product Safety Improvement Act of 2008, Chinese manufacturers have turned to cadmium for the manufacture of children's jewelry.

A recent investigation by the Associated Press of children's jewelry items sold at national and regional chains or franchises (e.g. Walmart, Dollar Store) showed that 12 percent of the items tested contained at least 10 percent cadmium by weight, while certain items registered cadmium content as high as 91 percent to 84 percent by weight. Among popular items, high amounts of cadmium were detected in "The Princess and The Frog" movie-themed pendants.

The testing also showed that some items easily shed the heavy metal. This raises serious concerns since it means children don't have to swallow an item to be exposed -- they can get persistent, low-level doses by regularly sucking or biting jewelry with a high cadmium content.

Unfortunately, there are no cadmium content restrictions for jewelry. What cadmium regulations exist for consumer products apply only to painted toys.

The U.S. Consumer Product Safety Commission has never recalled an item due to high cadmium content.

Click here to read more.

Salami Recalled in Salmonella Outbreak in Oregon and Washington

Salami sold in Costco, Walmart and elsewhere is being recalled in a nationwide salmonella outbreak linked to pepper-coated salami sold by Rhode Island-based Daniele Inc.

The first cases related to the outbreak were reported in Oregon in July. So far, 184 people have been sickened nationwide, with eight cases in Oregon and 14 in Washington state. The national Center for Disease Control and Prevention said more than 35 people have been hospitalized nationwide, although no one has yet died. It is not clear whether anyone in Oregon had been hospitalized.

The particular strain of salmonella involved, Montevideo, is a relatively common cause of food poisoning.

Click here to read more on OregonLive.com.

Graco Recalling Strollers Posing Fingertip Amputation and Laceration Hazard

Today, the U.S. Consumer Product Safety Commission announced a voluntary recall of 1.5 million Graco Passage™, Alano™ and Spree™ Strollers because the hinges on the strollers' canopy pose a fingertip amputation and laceration hazard to the child when a parent is opening or closing the canopy.

The CPSC's announcement noted that Graco has already received seven reports of children placing their fingers in the stroller’s canopy hinge mechanism while the canopy was being opened or closed, resulting in five fingertip amputations and two fingertip lacerations.

Manufactured in China, the strollers were sold at retailers nationwide from October 2004 and December 2009.

Consumers should immediately stop using the recalled strollers and contact Graco to receive a free protective cover repair kit.

Click here to read the CPSC's full announcement.