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Baby Crib Recall Announced After Three Infant Deaths

David Lowe — Fri, 21 Sep 2007 13:36:34 GMT

The Consumer Products Safety Commission has announced a voluntary recall of Simplicity and Graco cribs after three infant deaths.

According to the CPSC news bulletin announcing the recall,

"The drop-side can detach from the crib, which can create a dangerous gap and lead to the entrapment and suffocation of infants... The drop-side failures result from both the hardware and crib design, which allow consumers to unintentionally install the drop-side upside down. This, in turn, can weaken the hardware and cause the drop-side to detach from the crib. When the drop-side detaches, it creates a gap in which infants can become entrapped.

In addition to the deaths, there have been 55 incidents, including seven cases of children becoming entrapped in the drop-side according to the CPSC.

The cribs were sold nationwide from January 1998 through May 2007 for prices ranging between $100 and $300.
Here are the crib models affected by the recall, according to Simplicty's website:

"The recalled Simplicity crib models include: Aspen 3 in 1, Aspen 4 in 1, Nursery-in-a-Box, Crib N Changer Combo, Chelsea and Pooh 4 in 1. The recall also involves the following Simplicity cribs that used the Graco logo: Aspen 3 in 1, Ultra 3 in 1, Ultra 4 in1, Ultra 5 in 1, Whitney and the Trio. The recalled cribs have one of the following model numbers, which can be found on the envelope attached to the mattress support and on the label attached to the headboard: 4600, 4605, 4705, 5000, 8000, 8324, 8800, 8740, 8910, 8994, 8050, 8750, 8760, and 8996."

Simplicity's website is giving the following instructions to Simplicty and Graco crib owners:

"Consumers should immediately check the crib to make sure the drop side is securely fastened and correctly installed. Consumers with affected drop side cribs will receive a drop side replacement track kit. As an immediate precaution, consumers should check to see if the drop-side is installed right side up. To do this, check to see that the slightly rounded rail with the decorative groove is installed at the top and the plain rail is on the bottom. Next, consumers should make sure the drop-side is securely attached to the tracks in all four corners."

For more information on this subject matter, please review our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by David Lowe

Just Say No: Why Giving a Recorded Statement to Insurers May Be a Bad Idea

David Lowe — Mon, 27 Jul 2009 19:22:00 GMT

"You’re in good hands", because they’re "like a good neighbor", always "on your side". Even if you channel surf through commercial breaks, chances are you’ve seen at least one ad for an insurance company touting their folksy, people-first policies. While insurance companies are not villains, it is important to remember that they are businesses, and they act first and foremost in their own interest, not yours. So when you have been in an accident and receive a call from an insurance adjuster or claim representative requesting a statement, understand that the caller's purpose is to get you to make concessions that may result in the denial of your claim, or to minimize the amount they will have to pay to settle your claim. Therefore, you should be very careful about what statements you make, especially if they are going to be recorded.

You might wonder what’s so distinct about a “recorded statement” as opposed to a regular statement. After all, if you’re going to say the same thing in either case, can’t it still be used the same way? You may be surprised that it cannot. While you should give a statement containing the facts of the accident, a company cannot make your words a matter of record without your specific permission. Providing helpful information to the insurance companies is different than committing yourself to a standing record.

First of all, you need to know that it is your right to refuse to make a recorded statement if you are making a claim under someone else’s policy or if the statement is not for your own insurance company. If an insurance company for another driver is pressuring you to make a recorded statement, you should contact a personal injury attorney who specializes in auto accidents. An attorney can make sure that the necessary information reaches the insurance company, but that you do not make incorrect or imcomplete statements that can be used against you later.

Even though you should never agree to provide a recorded statement to the other insurer, it is not uncommon for your own insurer to request a recorded statementif your insurance policy provides uninsured or underinsured motorist benefits. You have a duty to cooperate with your own company by providing requested information but can provde the information without giving a recorded statement.

Once you give a recorded statement, it is impossible to change anything you have said. The record is created on the spot, with no time to prepare and often before you have seen your doctor and obtained an accurate diagnosis of your condition. If you give incomplete answers because you have forgotten some details, you will meet with skepticism or disbelief if you try to add to them later. If you describe an injury to one are of your body, your statement will be used against you when you devlop symptoms in another ara of the body, because you failed to mention it in your first statement. It is common experience that some injuries are not symptomatic until weeks or even months after an accident, or they were masked or less important because of a more prominent injury immediately following the accident. You may unknowingly make incorrect statements that prevent you from getting the compensation you deserve. Your spontaneous statements may not be as clear as you think they are, so if your own insurer says you are obligated to make a statement, you should submit one in writing so that you can be concise and accurate. If you are careful to only share objective facts about the accident and avoid speculation about fault, your own insurance provider can use the statement to help determine the settlement.

After an accident, avoid giving a recorded statement to a claims representative despite their you need to protect your interests, because even "good hands" and "good neighbors" have their own agendas. The process of seeking fair compensation for injuries sustained in an accident is full of pitfalls and complications. Rather than giving a recorded statement in response to interrogation from the claims representative, your interests are always better served by obtaining skilled representation from an attorney who handles personal injury cases. Giving a recorded statement without the assistance of an attorney may cause you to lose the compensation to which you are entitled.

Originally posted at InjuryBoard by David Lowe

Survey Points To Economic Challenges Faced by Paralysis Victims

David Lowe — Tue, 21 Apr 2009 09:34:59 GMT

A survey about paralysis victims released today by the the Christopher & Dana Reeve Foundation reveals that 5.5 million people, nearly 2 percent of the United States population, have some kind of paralysis. Of these, 23 percent sustained spinal cord injuries.

The most noteworthy finding of the survey is that as many as 25 percent of the paralyzed population lives in poverty, with annual household incomes below $10,000. The cycle of poverty is frequently set up by the long delays the paralysis victims face in qualifying for Medicare benefits. They can’t work, their spouses often have to quit their jobs to become caregivers, and they lose their health insurance. The lack of health insurance results in untreated medical conditions, such as pressure ulcers from lack of mobility, leading to the development of additional health care needs, causing medical bills to grow and digging a hole from which many will never escape.

We have seen this happen to many car accident victims who sustain spinal cord injuries resulting in quadraplegia or paraplegia or other serious neurological injuries. As attorneys pursuing claims for these accident victims against auto liability insurers, we retain life care planners and economists to prepare reports demonstrating the costs to provide medical care and replace lost wages over the remainder of the victims’ lives. The figures usually come to millions of dollars for a lifetime of support. So when the car accidents have been caused by uninsured motorists, or when the liability coverage limits are insufficient, the victims will never have adequate compensation for their damages, and will at some point depend on governmental benefits to survive.

The situation for these spinal cord injury victims is bleak, but not without all hope. Organizations such as the Reeve Foundation are raising money to support research for medical breakthroughs and to promote legislative advances. And the decision by the Obama Administration to lift limitations on stem cell research offers promise for scientific advances in the areas of treatment. Hopefully, this study will focus attention on this large population of paralysis victims and their needs.

Originally posted at InjuryBoard by David Lowe

Spinal Cord Injury Patients Enjoying Wii Therapy At Milwaukee VA Medical Center

David Lowe — Thu, 20 Aug 2009 09:35:01 GMT

My law firm, Jacquart & Lowe, S.C. of Milwaukee, Wisconsin was pleased to join over 50 other InjuryBoard law firms nationwide who have presented Nintendo Wii games to physical therapy centers this month. A story about our Wii giveaway to the spinal cord injury clinic at the Milwaukee VA Medical Center aired on Channel 58, WDJT-TV on August 17, 2009.
www.youtube.com/watch?v=oZ9sOjgSnvA

Wii therapy has been shown to improve memory, range of motion and socialization for patients with brain injuries.
www.youtube.com/watch?v=8AyIbstuk-k

We chose to make our gift to the Milwaukee VA Medical Center's spinal cord injury clinic in recognition of the veterans who have served our country with great valor and sacrifice, and with appreciation for the skilled physical therapists and medical staff at the Milwaukee VA's spinal cord injury clinic who have helped our firm's clients in a number of cases. It was gratifying to give back and assist their mission, and hopefully help veterans with spinal cord injuries and other neurological disorders with this great new approach to therapy--one that provides tangible benefits as well as some plain fun .

Originally posted at InjuryBoard by David Lowe

More Traffic Accident Deaths on Rural Roads than Urban

Paul Jacquart — Wed, 07 Oct 2009 17:42:45 GMT

An interesting article today from USA Today states that a National Highway Traffic Safety Administration study has found that significantly more traffic accident deaths (56% of the total annual number) occur on roads located in rural areas. This is despite the fact that only 23% of Americans live in rural areas. The article quotes Lee Munnich, the director of the Center for Excellence in Rural Safety at the University of Minnesota, who explains that while there are more accidents in urban areas, the number of fatalities in rural accidents is higher:

People drive faster on rural roads, which are not as well-engineered as urban highways, increasing the likelihood of death or severe injury in crashes, Munnich says. Other factors: behavioral differences, including more drunken driving and less use of seat belts in rural areas, and slower delivery of acute medical care.

The USA Today article provides a state by state breakdown of rural vs. urban traffic fatalities and at 68% of traffic fatalities occuring on rural roads, Wisconsin is significantly higher than the 56% national average.

Originally posted at InjuryBoard by Paul Jacquart

FDA: Hydroxycut Recall - May Cause Liver Damage, Other Injuries

Paul Jacquart — Fri, 01 May 2009 18:02:56 GMT

The U.S. Food and Drug Administration today issued a warning for consumers to stop using Hydroxycut products because they have been associated with liver damage, seizures, cardiovascular events, and other health problems. Hydroxycut dietary supplements are marketed as weight loss and fat-burning products. The link above contains a list of the recalled products. The recall notice further states that consumers of Hydroxycut products that have experienced jaundice (yellowing of the skin or whites of eyes) and brown urine, nausea, vomiting, light-colored stools, excessive fatigue, weakness, sotmach or abdominal pain, itching, and loss of appetite may have experienced liver or other injury and should consult with their physicians.

Consumers who have sustained liver damage or other serious injuries as a result of using Hydroxycut may have legal remedies under both product liability and consumer protection laws and should seek legal advice.

Originally posted at InjuryBoard by Paul Jacquart

Jury Finds U-Haul Tow Dolly Defective and Unreasonably Dangerous

David Lowe — Tue, 27 Feb 2007 06:51:43 GMT

A federal court jury in Louisville, Kentucky awarded $10.4 million to a 25 year old Florida woman and her family for injuries sustained when their SUV pulling a U-Haul International, Inc. tow dolly jackknifed and overturned, rendering the woman paraplegic.

The Burke family was moving from Indianapolis to Florida to start a new life and was driving though Kentucky pulling a 1999 Ford Contour on a 650 pound tow dolly rented from U-Haul when the accident occurred. The woman suffered a crushing injury to her spine when the vehicles fishtailed and overturned.

U-Haul maintained and continues to argue that there is nothing wrong with the tow dolly, and pointed to the woman's failure to wear a seat belt, but the family's attorney argued that U-Haul's rental agreement improperly permits users of the tow dolly to pull vehicles that are too heavy, and that the narrow wheelbase and high center of gravity of an SUV makes it an unsafe combination prone to overturn.

Following the verdict, Christopher Burke, the woman's husband commented:

"Life before (such an accident) is when you have unlimited possibilities, that you can achieve your dreams ... to the extent of your imagination and drive to accomplish. After that day, your life is a life of limitations, daily frustration and pain," he said.

Originally posted at InjuryBoard by David Lowe

Two Milwaukee Area Motorcyclists Killed In Preventable Accidents

David Lowe — Wed, 20 May 2009 08:14:45 GMT

May is motorcycle safety awareness month. Most people seem unaware of this, with tragic consequences. Two Milwaukee area motorcyclists were killed yesterday in what appear to be preventable motorcycle collisions accidents caused by negligent drivers.

As is often the case, one of the accidents was reportedly caused by a driver making a left turn into the path of a cyclist who had the right of way.

The second accident was a “waving through” collision—where traffic on a through highway is backed up and a polite motorist stops and waves through a car that wishes to cross through from an intersecting street. The motorist interprets the “waving through” signal as an indication that it is safe to cross through and fails to see cross-traffic, in this case a motorcyclist. The Milwaukee Journal-Sentinel described the accident in just this manner:

The motorcyclist was westbound on Mitchell, and traffic in the eastbound lane was backed up…A motorist in the eastbound lane made way for a northbound van to get through on 17th St., but the van was struck by the motorcycle as the bike continued west…

Motorcyclists are vulnerable; there are no fender benders when it comes to a collision with a motorcyclist. With motorcycles coming out of the garages in the warm weather that has at last arrived, we all need to adhere to safe practices on the roadway.

Wisconsin Governor Jim Doyle has issued a proclamation that May, 2009 is Motorcycle Safety Awareness Month, declaring: "Motorcyclists have the right by law to the safe enjoyment of their vehicles, including the full and equal use of the roadway without encroachment by other vehicles, whether it be on city streets or rural and urban highways." Wisconsin’s motorcycle safety program includes a “Share the Road” initiative to reinforce the obligations of motorists to look for motorcyclists at all times and emphasizes the equal rights and responsibilties that motorists and cyclists share.

Missouri’s highway safety patrol recommends the following safe practices for car and truck drivers to help avoid motorcycle collisions:

-Drivers should actively watch for motorcyclists. Motorcycles may look farther away than they are due to their smaller size. It is also difficult to judge the speed at which a motorcycle is traveling as it approaches.

-Thoroughly check traffic before changing lanes. Motorcycles are hidden easily in a vehicle’s blind spots, or masked by objects or backgrounds.

-Allow extra distance between you and a motorcycle. Motorcyclists may slow down by downshifting or easing off the throttle, so you may not see a brake light.

-A motorcycle’s turn signal does not cancel after the turn like a vehicle’s signal does, so pay attention because the motorcycle may not be turning.

-A motorcyclist will often adjust his or her position in the lane in order to be seen more easily and to avoid debris, wind, or passing vehicles. Allow the motorcyclist to share the lane — don’t assume they are being reckless.

-Allow more distance behind a motorcycle when roads are wet and slippery. Stopping distance for motorcycles is similar to that of cars, but slippery pavement can make stopping quickly difficult.

Originally posted at InjuryBoard by David Lowe

Wisconsin Nursing Homes Unsafe

Paul Jacquart — Sat, 02 Aug 2008 10:46:00 GMT

If you have a loved one in a nursing home in Wisconsin, they may be in danger. This is the frightening implication of a recent Milwaukee Journal Sentinel investigative report which shows that injuries and deaths arising from nursing home neglect and negligence are on the rise here. The distrurbing report concludes that:

Health care violations that put patients in jeopardy or resulted in harm spiked 34% the past three years. Those violations involved injuries to at least 359 elderly or disabled people.

Dozens of homes are cited repeatedly for serious violations. Often, these homes assure regulators they are correcting problems only to have new ones surface. Many of the homes cited multiple times are owned by out-of-state corporations.

Deaths and injuries are occurring at a time of significant worker turnover. In one case, a problem home reported nursing staff turnover rates as high as 257% last year while it led the state in serious citations.

Families are often kept in the dark about citations issued after the deaths of their loved ones. Four families learned from the Journal Sentinel that serious citations had been issued months and even years after their loved ones were buried.

The investigation fingers Extendicare, a large corporation that owns 26 homes in Wisconsin, as a frequent recipient of citations and provides a list of the worst violators of federal rules in the country, which includes a number of Wisconsin facilities.

The article also provides a tip list with helpful suggestions for families looking to find a good facility for their loved one.

For those that believe their loved one has been injured through the negligence or neglect of a nursing home or community based residential facility, our office has successfully handled a variety of nursing home negligence and abuse cases over the years and we are happy to consult with families who are dealing with the sorts of issues highlighted in this article.

Originally posted at InjuryBoard by Paul Jacquart

Houston Crane Collapse Raises Familiar Questions

David Lowe — Sat, 19 Jul 2008 00:01:58 GMT

Today's tragic deaths of four workers in the Houston crane collapse at an oil refinery owned by LyondellBasell comes nine years and four days after Milwaukee's Miller Park crane accident, where three ironworkers died in the collapse of a mobile crane during the lift of a 450-ton steel assembly that was to be part of the baseball stadium’s retractable roof. I had the privilege to represent one of the ironworker widows in the Milwaukee accident, and today's news brings back memories of that catastrophe, as well as the years of litigation that followed.

Both accidents involved large mobile cranes cable of lifting huge loads and traveling a distance before depositing the load. The crane involved this time was leased from Deep South Crane & Rigging.

The facts are quite uncertain at this time, just hours after the collapse. OSHA is investigating.

Deep South Crane has promised cooperation with the investigating authorities.

News reports indicate that the crane was not scheduled to perform any lifts today, so it is unclear whether the machine was performing a lift or toppled for some other reason. Witnesses are saying that an alarm was sounding, and that workers were scrambling to get out of the way when the crane came down. These heavy cranes are often equipped with alarms to warn when the crane tilts beyond a set tolerance, so this may be what the witnesses heard.

For the families of the four workers killed, and the six other workers who were reportedly injured, the questions will requires a root cause analysis to understand why the crane failed: Was it a problem of manufacturer design, flawed assembly at the site, machine operator error, insufficient ground preparation, weather conditions or something else? Was the accident was caused by acts of fellow workers or by employees of a different employer, thus allowing a tort claim outside the worker compensation system? All of these questions were raised by the Milwaukee accident, and I suspect that similar questions will be raised in Houston.

Hopefully, whatever lessons are learned here will be used to promote safety in work environments involving these huge machines.

Originally posted at InjuryBoard by David Lowe