July 28, 2010
Boise A Player in BP Debate This Week
by Deb Courson Wednesday, July 28, 2010
BOISE, Idaho – Boise is an unlikely hot spot in the BP oil spill controversy this week. Idaho’s capital was randomly selected as host city for a public meeting of a federal panel that will decide how the more than 150 civil cases filed so far will be handled.
It is likely cases will be consolidated, and a judge to handle those proceedings must be identified. Cases have been filed related to the deaths, personal injuries, economic losses and environmental damage associated with the oil rig explosion and leak.
At the same time, Congress is also considering those interests, with a stack of 80 bills related to oil industry reform. Pew Environment Group manager Eleanor Huffines says much of the legislation is bipartisan, and some will be of assistance to those who have filed cases.
“People are taking a hard look at our laws that haven’t been changed for over 32 years and saying, ‘What can we do differently, and what can we do better, to take care of the coastal communities, the people and the environment?’”
She says 10 bills are already out of committee and ready for votes before the August recess. Several focus on research that would put oil companies and the nation in a better position to prevent future accidents, and to respond more efficiently when there are spills, she adds. ”A lot of the technology for drilling has advanced, but the technology for oil spill response has not advanced. Our laws have not advanced, our oversight.”
July 26, 2010
Preliminary Toyota Report Inconclusive on Unintended Acceleration
A preliminary report, released by the government last Wednesday, July 15, reports that no conclusions have been made about the Toyota unintended accelerations incidents. The National Highway and Traffic Safety Administration and scientists and researchers from NASA and the National Academy of Scientists are investigating whether or not drivers were to blame for sudden acceleration. Preliminary reports show that “black boxes” or event data recorders inside the vehicles show that during the incidents the throttle was open and brakes were not engaged. This would suggest that the driver was depressing the gas pedal and not the brake at the time of impact, but no conclusions have been made.
Transportation Department spokeswoman Olivia Alair said government investigators had “drawn no conclusions and released no data. We will follow the facts and inform the public when our investigation comes to an end.”
Toyota has recalled more than 8.5 million vehicles worldwide, due to faulty accelerators, gas pedals and floor mats. The government stated that unintended acceleration is the cause of more than 93 deaths nationally, and the company has received more than 3,000 complaints.
If you have been seriously injured as a result of unintended acceleration of a Toyota, please call Philip DeBerard, Injury Attorney at 1-800- I AM HURT.
July 21, 2010
Philip DeBerard Injury Attorney a Sponsor of Okeechobee’s National Day of the American Cowboy
Philip DeBerard Injury Attorney is proud to be a sponsor this year for the city of Okeechobee’s celebration of the National Day of the American Cowboy. The event will be held Saturday, July 24 at the Agri-Civic center in Okeechobee. A cattle drive headed by the Cattleman’s Association will kick-start the event, including many western wagons, rodeo cowboys and local ranchers.
The entire day will be packed with “western” activities, including a Big Ranch Rodeo, cowboy storytelling, whip popping and many vendors selling western food and goods. Also, the Florida Public Archeology Network will display a feature of western heritage artifacts. The event is great for all ages. Mr. DeBerard will be at the firm’s booth handing out special safety goodies, so make sure to stop by and say “howdy!”
July 19, 2010
Attorney Philip DeBerard Donates Electronic Billboard Space to Pink Tie Friends, Inc.
Attorney Philip DeBerard has generously donated rotation space on the electronic billboard in Stuart to Pink Tie Friends for awareness of the 4th Annual Pink Tie Friendship Luncheon. The event will be held at the Port St. Lucie Civic Center on August 21, 2010.
Pink Tie Friends, Inc. is a not-for-profit created by cancer survivor Nancy O’Neill. Nancy and other dynamic cancer survivors along the Treasure Coast created the organization to promote cancer awareness and raise funds to help people currently battling the disease. To date, Pink Tie Friends has helped more than 60 men and women in Martin, St. Lucie and Indian River counties overcome the financial burden of their treatment. To learn more about Pink Tie Friends, please visit www.pinktiefriends.org.
May 7, 2010
FDA To Parents: Use Generics Not Tylenol
FDA Takes Swipe at Tylenol Brand After Cleanliness Report
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IMAGE SOURCE: Reuters Web site |
Food and Drug Administration (FDA) inspectors visited the Fort Washington, Pennsylvania facility that makes 40 products for Johnson & Johnson and what they found has them sounding an alert.
During the 11 day inspection that wrapped up last week, inspectors found thick dust and grime covered drug making equipment. There was a hole in the ceiling and duct tape was used around pipes. Raw ingredients contained unspecified bacteria, and overall there was a lack of quality control, according to the FDA report dated April 30.
The findings led the FDA on May 1, to issue a recall of 43 Tylenol brand children and infant products, including Concentrated Tylenol Infant Drops, Children’s Motrin, Children’s Zyrtec, Benadryl, and other over-the-counter products.
And in an unusual move, the FDA is now recommending that parents choose generics or private label brands over the J & J subsidiary, McNeil’s Tylenol brand children’s and infant products.
“Consumers should not use these products,” Deborah Autor, director of the Office of Compliance at FDA’s Center for Drug Evaluation and Research told reporters in a conference call. She adds the chance of getting sick is remote.
The FDA generally works in cooperation with drug makers to avoid costly and time-consuming litigation, but this statement marks a departure in the policy.
J & J has agreed to suspend production at the plant. The company says the findings at the plant “are unacceptable to us” reports Reuters, and that it will work closely with the FDA to fix the problems.
The FDA report says there were 46 consumer complaints about a dark material swirling around in liquid products between June 2009 and April 2010. No contamination was found in the finished drug product that was tested.
“We will not restart operations until we have taken the necessary corrective actions and can assure the quality of products made there,” said a statement from J&J’s McNeil Consumer Healthcare unit.
Parents have already been told to stop using liquid Tylenol, Motrin, Benadryl and Zyrtec for children and infants. J & J has issued four major product recalls over the last year.
A full list of more than 40 affected products made by McNeil Consumer Healthcare can be found at www.mcneilproductrecall.com. #
May 5, 2010
National Teen Driving Standards Sought
STAND UP Act
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IMAGE SOURCE: iStock Photo/Driving & talking teen/ author: MSR photo |
Reducing deaths among teen drivers is the goal of three Democratic senators who are pushing for a national graduated driver licensing law (GDL) for teens.
The Safe Teen and Novice Driver Uniform Protection (STAND UP) Act would affect teen drivers under the age of 21, raising the learner’s permit age to 16 and delaying an unrestricted driver’s license until the teen turns at least 18.
Currently 42 states let a teen driver get his or her permit to begin driving training before the age of 16.
A patchwork of state regulations make teens wait to varying degrees.
One of the toughest was just changed in New Jersey, where teen drivers must display a decal on their license plate designating them as a teen driver with a special decal.
Every state, except North Dakota, graduates the amount of freedoms teen drivers can obtain in tiers.
The Insurance Institute for Highway Safety says that raising the age to obtain a permit would reduce fatalities among 15 to 17 year olds by about 13%. In Massachusetts when tougher restrictions were imposed on young drivers, fatalities dropped 75% and injuries dropped and injuries fell 38% according to the Insurance Institute for Highway Safety. IIHS finds that half of parents surveyed support raising the minimum learners permit age, reports USA Today.
STAND UP would:
· Establish a three tier process including a learner’s permit, an intermediate stage then an unrestricted license
· Prohibit nighttime driving in the first two stages
· Restrict cellphone use in the first two stages
· States that do not participate after three years would not be eligible for federal highway monies
AAA has stated that the STAND UP is very close to a model GDL.
The IIHS has found that major GDL restrictions reduce crashes between 10 and 30%.
In states that implemented restrictions, fatal crashes among drivers under the age of 18 dropped 75% in three years while injuries fell 38%.
The senate sponsors include Sen. Amy Klobuchar, D-Minn., Sen. Chris Dodd, D-Conn. and Sen. Kirsten Gillibrand, D-NY.
The National Youth Rights Association points out to USA Today that in some states, youth learn to drive tractors at a young age and making restrictions in a farm state the same as an urban area will create problems.
In the House the STANDUP Act was introduced in April 2009 by Reps. Tim Bishop (D-NY), Michael Castle (R-DE), and Chris Van Hollen Jr. (D-MD). #
May 4, 2010
F.D.A. Deal Leads to Recall of Infusion Pumps
Published: May 3, 2010
The Food and Drug Administration said on April 23 that infusion pumps used to administer drugs and liquids were linked to more than 56,000 complaints of injuries, deaths and malfunctions from 2005 to 2009. The Baxter Healthcare Corporation, the company’s principal American subsidiary, has been under a consent decree with the F.D.A. since June 2006 that allowed the agency to require a recall of the pumps, the company said.
“There are just under 200,000 of these pumps in use” at hospitals and other medical facilities, Erin Gardiner, a Baxter spokeswoman, said on Monday. The Colleague pumps, which have not been sold to new customers since 2005, will be phased out, she said.
Baxter expects to record a pretax charge of $400 million to $600 million in the first quarter related to the recall, the company said Monday in a statement. The company isn’t otherwise revising its 2010 forecast.
The F.D.A. on April 30 rejected as “unacceptable” a plan by Baxter to keep the Colleague pumps in use until 2013 and ordered the recall, the agency said via e-mail.
Baxter expects to offer to exchange its Sigma Spectrum infusion pumps for the Colleague pumps.
The pumps are used in hospitals to deliver nutrients to patients in comas, blood-thinning drugs to heart patients and chemotherapy to cancer patients.
April 19, 2010
Why Is Bicycle Safety So Important?
Bike riding is a lot of fun, but accidents happen. Every year, about 300,000 kids go to the emergency department because of bike injuries. Some of these injuries are so serious that children die, usually from head injuries.
A head injury can mean brain injury. That’s why it’s so important to wear your bike helmet. Wearing one doesn’t mean you can be reckless, but a helmet will provide some protection for your head and brain in case you fall down.
A Helmet How-To
Bike helmets are so important that the U.S. government has created safety standards for them. Your helmet should have a sticker that says it meets standards set by the Consumer Product Safety Commission (CPSC). If your helmet doesn’t have a CPSC sticker, then it is not a helmet you should purchase.
Your bike helmet should fit you properly. You don’t want it too small or too big. Never wear a hat under your bike helmet. If you’re unsure if your helmet fits you well, ask someone at a bike store.
Once you have the right helmet, you need to wear it the right way so it will protect you. It should be worn level and cover your forehead. Don’t tip it back so your forehead is showing. The straps should always be fastened. If the straps are flying, it’s likely to fall off your head when you need it most. Make sure the straps are adjusted so they’re snug enough that you can’t pull or twist the helmet around on your head.
Take care of your bike helmet and don’t throw it around. That could damage the helmet and it won’t protect you as well when you really need it. If you do fall down and put your helmet to the test, be sure to get a new one. They don’t work as well after a major crash.
Many bike helmets today are lightweight and come in cool colors. If you don’t love yours as it is, personalize it with some of your favorite stickers. Reflective stickers are a great choice because they look cool and make you more visible to people driving cars.
Helmet On, Now What?
Riding a bike that is the right size for you also help keeps you safe.
•When you are on your bicycle, stand straddling the top bar of your bike so that both feet are flat on the ground.
•There should be 1 to 3 inches (2.5 to 7.6 centimeters) of space between you and the top bar.
April 14, 2010
ROAD RAGE BILL PASSES
Requires an operator of a motor vehicle to yield the left lane when being overtaken on a multilane highway
measure well-liked by heavy-footed drivers frustrated by the slow drivers blocking the left lane and portrayed as way to ease road rage incidents accelerated Tuesday, advancing through the Senate Judiciary Committee 8-1. Sen. Mike Fasano, R-New Port Richey, was the only “no” vote, although Committee Chairman Joe Negron said he wasn’t a fan, but liked some of the elements in the measure, which is carrying several other road-related issues as well. The bill (SB 482) would require drivers to yield the left lane to faster drivers coming up behind them by moving over to the right out of the way. In noting that he doesn’t really like the road rage bill, Negron reminisced that the bill passed a few years ago but was vetoed by then-Gov. Jeb Bush. “He wasn’t driving his own car then,” responded the bill’s sponsor, Sen. Mike Bennett, R-Bradenton.
The bill defines the term “road rage.” Requires an operator of a motor vehicle to yield the left lane when being overtaken on a multilane highway. Revises the number of specified acts necessary to qualify as an aggressive careless driver. Authorizes actions for civil damages against motor vehicle dealers, etc. EFFECTIVE DATE: 10/01/2010.
April 13, 2010
Consumer Reports Slaps Lexus GX 460 SUV With Rare ‘Don’t Buy’ Warning
Consumer Reports has given the Lexus GX 460 SUV a rare “Don’t Buy” warning, saying a problem that occurred during routine handling tests could lead to a rollover accident in real-world driving.
In the latest blow to Toyota’s reputation, the magazine said that during a test of the vehicle’s performance during unusual turns, the rear of the vehicle slid until it was nearly sideways before the electronic stability control system kicked in.
Consumer Reports said in real-world driving, such a scenario could cause a rollover accident. As a result, the magazine has given the seven-seat SUV a “Don’t Buy: Safety Risk” label until the problem is fixed.
“In a real-world situation, by that time, the car can hit the curb or the side of the road and that’s the situation where, in a vehicle like that, it could cause it to roll over,” said Gabriel Shenhar, senior auto test engineer at Consumer Reports. Shenhar was one of four testers to experience the problem.
Consumer Reports said the last vehicle to receive such a warning was the 2001 Mitsubishi Montero Limited. It said that among the 95 SUVs in its current ratings, no other slid as far as the GX 460.
In a statement Toyota said it is concerned with Consumer Reports’ findings, adding that its engineers will try to duplicate the magazine’s tests to determine its next steps.
“Please keep in mind that the 2010 GX 460 meets or exceeds all federal government testing requirements,” the automaker said. “We take the Consumer Reports test results seriously.”
Starting at about $52,000, the GX 460 is a small-volume vehicle for Lexus, Toyota Motor Corp.’s luxury brand. It went on sale in November and only about 5,000 have been sold since then. But the warning represents yet another blow for Toyota’s tarnished reputation for safety following recalls of millions of vehicles for faulty gas pedals. The GX 460 is not covered by the pedal recalls.
Consumer Reports said the problem occurred during a handling test on its test track. During the test, the driver approaches a turn unusually fast, then releases the accelerator pedal to simulate a typical driver’s response. This causes the rear of the vehicle to slide.
In normal cases, the vehicle’s electronic stability control should quickly correct the loss of control. But Shenhar said in the case of the GX 460, the stability control took too long to adjust, causing a risk of rolling over.
However, Consumer Reports said it is not aware of any reports of the vehicle rolling over. The magazine said it tested two separate vehicles, both of which experienced the problem, but neither rolled over.
