April 6, 2010
Passenger Van Safety
Fifteen- and twelve-passenger vans and other large vans are widely used by churches and community organizations. Colleges use them to drive sports teams to games. Over 500,000 are in use in the United States.
The vans include certain models of the Ford Econoline or E-Series, such as the Ford E350 and Club Wagon E350, the Dodge Ram Wagon B350 and Ram Van/Wagon B3500, the Chevrolet Express 3500 and the GMC Savana 3500 and Rally/Vandura G3500. Ford builds and sells most 15 passenger vans in the U.S. Unfortunately, these vans are involved in many crashes and injuries are very serious.
In these types of accident cases, it has been alleged that the vans have design defects and safety omissions including that the vans are:
1.Difficult to handle and prone to over-steering and loss of control;
2.Unstable when loaded, leading to deadly rollover crashes; and
3.Not crashworthy, resulting in deaths that should otherwise have been easily survivable.
Repeated 15- and 12-Passenger Van Accidents
According to government statistics, over 1,200 fatal crashes have occurred involving the large, heavy vans since 1990. The problem, according to auto safety experts, is the design, the weight and balance of the van. On most models, the car manufacturers have used the same wheel base. But you can see on the 15-passenger model, the back end has been extended. That means when it’s fully loaded, there’s a seat with four passengers behind the rear axle. That tends to make the back end heavy, so that when there’s a sudden swerve, the rear end swings out. The second, critical issue is that the van is top heavy. It has what engineers call a high center of gravity. The more people on board, the more top heavy it becomes, therefore creating an environment for accidents.
If you have been injured in a similiar situation and need to consult with Philip DeBerard, Personal Injury Attorney, please call immediately
March 18, 2010
MCI Recalls Motorcoaches With Wheelchair Lifts
Motor Coach Industries (MCI) is recalling more than 4,200 vehicles equipped with a Ricon wheelchair lift and a cassette-type wheelchair lift compartment door.
The wheelchair lift may become disengaged from a locked position and slide unrestrained on its rollers in the storage structure, potentially breaking through the cassette door and extending beyond the outside of the door when the coach is in motion, the National Highway Traffic Safety Administration said. This is particularly a risk during a left turn.
To remedy the problem, MCI will provide parts and labor for a Ricon-designed retrofit kit that includes a spring-loaded lock mechanism. There will be no charge for the service. The safety recall begins this month.
Vehicle owners can reach MCI at (800) 241-2947.
March 3, 2010
Financial News by Jacob Jenkins
Nissan Recall 2010 Another Automotive Industry Snafu
March 4th, 2010
Nissan Recall 2010 Another Automotive Industry Snafu. Japanese automakers are in the midst of an American Auto Storm, as all three of the top car manufacturers in that country have had recalls in recent months. First, the Toyota accelerator recall took millions of the most popular vehicles off the road, suspended manufacturing, and brought the head of the company in front of Congress.
Then, Honda had a couple of recalls of their own. They had some issues with some airbags and the Fit’s window would catch on fire if it got wet.
Now, Nissan is having trouble with their cars. The Nissan recall is only the latest news in the automotive industry. Their woes are felt with the following models:
1. Nissan Titan
2. Nissan Infiniti QX56
3. Nissan Armada
4. Nissan Quest
The years of the models are 2008 to 2010. The issue is with the brake pins which can affect the regular braking of a vehicle. Unlike with the Toyota recalls, the Nissan brake issue hasn’t caused any accidents. The company is unsure as to what is the root cause of the problem, and a thorough investigation is underway. The problems could have been caused by a supplier.
How do the recent recalls make you feel? Are you more leery of purchasing a vehicle with all the problems going on in the industry? Japan isn’t the only country with problems. US manufacturer GM also recently announced a power steering recall as well
January 21, 2010
Ambulance Company’s Carelessness Costs Woman Her Life and Insurance Company Half a Million Dollars
Sharon Hill, a 53 year-old Pinellas County resident died as the result of what she thought would be a routine trip in an MMG Transportation ambulance van. Ms. Hill, a double amputee, regularly used MMG’s services to take her to medical appointments, but on her last trip she violently hit her head on the vehicle’s dashboard and broke her neck.
This was an injury that never should have happened. Regulations required that Ms. Hill and her wheelchair be secured during the trip, but MMG failed to provide safety straps in the van. Ms. Hill even mentioned to the driver on that fateful day that she had never been transported before without the straps, and the driver commented that the straps had been removed and not put back.
During the trip the driver stopped short in traffic which caused Ms. Hill to fall from her unsecured wheelchair and hit her head. At the hospital, she was diagnosed with a very serious cervical fracture – a fracture of the anterior arch of atlas — and her head was placed in a halo to keep both her head and her neck stable. She eventually was transferred to a rehabilitation facility, but she never recovered. She was never able to return home, where she had been living independently despite her disabilities. Her injuries from the ambulance incident were just too serious, and she died in May 2008.
MMG Transportation’s insurance company agreed to pay Ms. Hill’s estate $500,000. “Every year people are injured needlessly in accidents that occur during transport,” said Ms. Hill’s attorney, Philip DeBerard. “Many products, such as floor straps, wheelchair locks and harness systems, are available to secure wheelchair patients in ambulances, and this company failed to protect our client.”
There is a lesson in this for other businesses that transport people.
DeBerard said, “You can protect your facility and residents from this type of tragedy by developing guidelines for the safe transport of wheelchair passengers and by providing appropriate training for implementation.
Proactive risk management is an ongoing challenge, but all of the time and trouble is definitely worthwhile if accidents such as this can be avoided.”
The following guidelines for safe transport of passengers should be considered:
• Appropriate training for guideline implementation.
• A preventive maintenance schedule for each vehicle, according to
the manufacturer’s recommendations. Keep a log of monthly
inspections.
• A visual checklist to perform routine safety inspections. Service
vehicles as needed, and keep reports and corrective action receipts
filed with the vehicle maintenance records.
• Provide an appropriate number of staff to adequately meet the needs of
the passengers while en route (e.g., residents at risk for seizures,
dependent on oxygen, or confused and unable to fasten their safety
restraints, etc.).
• Visually check equipment for proper working condition before loading
residents. Make sure safety straps are not frayed, torn or broken.
• Set both wheelchair brakes and fasten safety restraints before raising
the lift to the level of entry into the van.
• Always fasten restraints according to the vehicle’s manufacturer
directions when transferring a wheelchair into the vehicle. The
operator should verify that the wheelchair restraints provided on the
van are compatible with both the resident and the wheelchair to secure
the passenger in place.
• Develop an audit system in which the fleet manager randomly travels
with drivers to assess their skills and knowledge. Provide training
based on needs.
January 11, 2010
NEW LAW SENDS BAD DRIVERS BACK TO SCHOOL
The Florida Dept. of Highway Safety and Motor Vehicles reminds motorists of a new law that went into effect with the new year. Drivers who are found to be at-fault in 3 crashes within 36 month period will be required to successfully complete a Department-approved driver improvement course that indicates behind-the-wheel training and an assessment of their driving abilities.
In an effort to make the roads safer, those who display a pattern of poor driving ability or judgment will be required to complete a driver improvement course. This new law is designed to modify the behavior of some of the worst drivers.
The new law will count at-fault crashes as far back as 2007, so after Jan 1, 2010, the Department will notify any driver who causes a crash and has atleast two at-fault crashes in the preceding 36 months. The affected drivers will then be responsible for completing an approved course within 90 days in order to avoid the cancellation of their driving privilege. Each course will include a minimum of 16 hours, to include four hours of behind -the – wheel training.
The National Highway Traffic Safety Admin. estimates that the average cost of a crash in the United States is approximately $38,000. During the 36-month period ending December 31, 2008 there were 2,277 drivers with 3 or more at-fault crashes. That figure include drivers from nearly every age group. According to Department estimates, more than 1000 Florida drivers may be subject to new requirements during 2010.
www.flhsmv.gov
January 8, 2010
$850,000 Paid by Shopping Plaza Owner & Okeechobee Utility Authority to Okeechobee Woman
A shopping center owner and a water company recently learned an important business lesson from Attorney Philip DeBerard. The two businesses had to pay an Okeechobee woman $850,000 because of their negligence regarding safety standards and their failure to prevent hazardous conditions.
In February 2004, Patti Simmons’ vehicle was parked behind the Okeechobee Plaza shopping center, owned Royal & Sons, Ltd. As Ms. Simmons walked to her vehicle, she unknowingly stepped into an uncovered water meter hole, causing her to fall after a heavy rain storm flooded the dark, un-illuminated parking lot, creating a hazardous situation.
The meter opening should have been covered with a plastic lid to protect pedestrians, but the lid was not properly attached and floated away when the parking lot flooded, creating this hazardous condition. The drain covers were managed by the Okeechobee Utility Authority, which did not maintain or repair them in a reasonably safe way.
The shopping center parking lot had been in an unsafe condition for a very long period time prior to this incident, and the owners did not make an attempt to rectify the dangerous conditions or take corrective measures. “The property owners have an obligation to keep their property safe,” commented Attorney Philip DeBerard. “Just as property owners have a responsibility to prevent dangerous conditions, so too must land and business owners act when inclement weather creates adverse conditions on a property.” Philip DeBerard and Robin A. Blanton represented Simmons in the action against the defendants.
Ms. Simmons suffered years of multiple neck and back surgeries that left her totally and permanently disabled and unable to return to her job as a beautician. The injuries and required medical care forced her to make substantial changes to her lifestyle.
January 6, 2010
Nationwide Recall of AccuSure Insulin Syringes
These syringe needles may detach from the syringe
Qualitest Pharmaceuticals is recalling all lots of AccuSure insulin syringes because the syringe needle may detach from the syringe. If that happens, the needle could get stuck in the insulin vial, or get pushed back into the syringe, or even stay in the skin after injection.
The recalled AccuSure insulin Syringes were distributed to wholesale and retail pharmacies nationwide between January 2002 and October 2009. Anyone who has AccuSure insulin syringes should stop using them. For more information , call Qualitest at 1-800-444-4011.
January 4, 2010
MADD
Victim/Survivor Helpline
Call 1-877-MADD-HELP (877-623-3435) to speak with a Victim Advocate
On average someone is killed by a drunk driver every 45 minutes. In 2008, an estimated 11,773 people died in drunk driving related crashes—a decline of 9.8 percent from the 13,041 drunk driving related fatalities of 2007.
Download MADDadvocate, a digital magazine on-line http://tinyurl.com/ygupd5x
If you have been involved in an accident caused by a drunk driver.
Call 1-800-299-8878 today.
December 9, 2009
Bayer Consumer Care Voluntarily Recalls One Lot of Combination Package of Alka-Seltzer Plus® Day & Night Cold Formula Liquid GelsSingle Lot Affected by Package Labeling Issue
In consultation with the U.S. Food and Drug Administration (FDA), Bayer’s Consumer Care division has begun a voluntary recall of a single product lot of the combination package of Alka-Seltzer Plus® Day & Night Cold Formula Liquid Gels. Bayer initiated the recall after identifying that the labeling on the foil blister card of certain packages within the lot (less than 4 percent) were printed with the label reversed. All individual liquid filled capsules are imprinted correctly.
The affected Alka-Seltzer Plus product lot number can be found on both the interior blister package (in black text adjacent to the expiration date) as well as on the exterior carton containing the blister packaging (embossed on the side panel under the Bayer logo)
Product Name: Alka-Seltzer Plus Day & Night Liquid Gels
Package size: 20 liquid filled capsules per carton (12 day formulation capsules and 8 night formulation capsules)
UPC#: 016500537779
Lot #: 296939L
Expiration: 5/11
This product was sold only in the U.S. at retail outlets nationwide.
This recall does not impact any Alka-Seltzer Plus Day & Night Cold Formula Effervescent products, individually packaged Alka-Seltzer Plus Day Non-Drowsy Cold Formula products, individually packaged Alka-Seltzer Plus Night Cold Formula products, or any other lot of Alka-Seltzer Plus Day & Night Cold Formula Liquid-Gels.
The company initiated an investigation following consumer reports and found that in a limited number of combination packages of Alka-Seltzer Plus Day and Night Cold Formula Liquid Gels from a single lot, the information on the underside of the blister package was reversed. Therefore, the label for the green Night product appears under some of the blue Day product and vice versa. As such, there is a risk that consumers may not be aware of the warnings of an antihistamine in the product that could cause drowsiness.
Consumers who purchased combination packages of Alka-Seltzer Plus Day and Night Cold Formula Liquid Gels from the lot included in this recall (details below) should stop using the product and contact Bayer with any questions or for instructions on a refund or replacement. Consumers should contact our Consumer Relations Call Center at 1(800) 986-3307 (available Monday – Friday 8:30 AM – 5:30PM eastern standard time.) Any consumer with a medical concern or questions should contact their healthcare provider.
About Bayer Consumer Care
The Consumer Care division of Bayer HealthCare, is headquartered in Morristown, New Jersey, USA. Bayer Consumer Care is among the largest marketers of over-the-counter medications and nutritional supplements in the world. Some of the most trusted and recognizable brands in the world today come from the Bayer portfolio of products. These include Aspirin, ALEVE®, Alka-Seltzer®, Midol®, One A Day® Vitamins, and Flintstones™ vitamins.
Bayer HealthCare, a subsidiary of Bayer AG, is one of the world’s leading, innovative companies in the healthcare and medical products industry and is based in Leverkusen, Germany. The company combines the global activities of the Animal Health, Consumer Care, Diabetes Care and Pharmaceuticals divisions. The pharmaceuticals business operates under the name Bayer Schering Pharma and as Bayer HealthCare Pharmaceuticals in the US and Canada. Bayer HealthCare’s aim is to discover and manufacture products that will improve human and animal health worldwide.
November 20, 2009
Vicks nasal spray recalled over bacteria
Procter & Gamble is recalling Vicks Sinex nasal spray in the United States, Britain and Germany after finding it contained bacteria, the company said.
Procter & Gamble said it announced the voluntary recall after finding the bacteria in a small amount of product made at a plant in Germany.
There have been no reports of illness from the bacteria, but it could cause serious infections for people with weakened immune systems or those with chronic lung conditions such as cystic fibrosis, Procter & Gamble said late Thursday.
The bacteria poses little risk to healthy people, the company said.
Cincinnati, Ohio-based Procter & Gamble said it detected the problem during routine quality control at the plant. Analysis so far shows the problem is limited to a single batch of raw material mixture involving three lots of product, which were sold only in the three countries affected by the recall, the company said.
In the United States, the recalled product is Vicks Sinex Vapospray 12-hour Decongestant Ultra Fine Mist with lot number 9239028831.
In Britain, the company is recalling Vicks Sinex Micromist Aqueous Nasal Spray with lot number 9224028832.
In Germany, the recalled product is Wick Sinex Schnupfenspray Dosiersystem with lot number 9224028833.
All recalled products are in the 15-milliliter size.
Lot numbers are listed on the outer carton and the bottle, the company said.
Consumers with the product should discard it, and they may call the company for a replacement coupon or refund, the company said. More information is at the company’s Web site, www.pg.com.
