Tuesday, January 31, 2012

Bus Accidents

As public transportation’s use increases, so does the number of bus accident injuries and deaths.

According to the National Highway Transportation Safety Administration, in 2002 19,000 people were injured in bus accidents principally caused by driver negligence, defective equipment, dangerous roadways and improper maintenance.

In addition to city buses, each weekday 25 million children ride yellow school buses to school related activities as well as religious, athletic and youth events.

Approximately 450,000 school buses are in service travelling 2 million miles per day resulting in 16,000 annual collisions causing 12,000 injuries and 130 deaths per year.

Most full-size school buses lack seat belts exposing children to a greater risk of harm and budgetary pressures cause schools to stretch maintenance schedules, keep vehicles in service for prolonged periods and use lower paid, less experienced drivers.

Bus-related accidents cause brain and spinal cord injuries, sprains, fractures, abrasions, internal and soft tissue injuries, burns and death.

Bus companies’ legal responsibility to their passengers is that of a "common carrier", i.e., an individual, company or a public utility in business of transporting people and/or freight owing a greater duty of safety and protection than an ordinary car.

Despite this higher responsibility to drive with the utmost care and protect passengers and other vehicles sharing the road, buses are often owned or operated by city, county or regional transportation departments which vigorously defend bus accidents.

As a result, immediately investigating a bus accident while the physical evidence is still fresh and inspecting the driver's training history and driving record is crucial.

Wednesday, December 21, 2011

2011 Amherst Bowl


Years ago I put together a father son Thanksgiving football game hoping to fill those empty morning hours and hang out with my son.

I succeeded beyond my wildest dreams.

Celebrating its 8th year, the tournament, christened "The Amherst Bowl", has swollen to 127 players spanning 6 football fields and 12 teams playing 5 continuous football games in authentic AFC or NFC team jerseys.

The trash talk begins on Labor Day and echoes through our Township’s lunchrooms and playing fields with kids wearing prior years’ jerseys like badges of glory.

During Thanksgiving’s wet early morning hours, we map out and line the fields and set up tables overflowing cakes, hot chocolate and coffee.

The horde shows up at around 8:00 a.m. eager to learn the team to which to they’ve been assigned, whom their teammates will be, and how gloriously muddy the fields are.

Shirts are distributed, rules are explained, and at 9:00 a.m. the carnage begins.

During the ensuing rigidly timed five games, fathers put their middle-aged bodies at risk, re-live their youth and play football with their sons.

Throughout the morning used soccer gear is collected by "Heads Up Soccer" which transports and distributes it to impoverished third world youth.

Additionally, monies raised are donated to "Katie at the Bat" http://www.katieatthebatteam.org/ (improving inner-city youths’ lives through athletics, literacy, nutrition and health, and the arts), "Adam Spandorfer Memorial Fund" http://www.adamsfield.org/ (raising monies for Variety Club Camp at which children with disabilities can play baseball), and Hope with Heart http://hopewithheart.com/ (providing a summer camp and building a community for children with moderate to severe heart problems).

Although, at the Tournament’s end, some need help getting off of the field, that evening’s Thanksgiving tables are abuzz with boasts of heroic plays, grudges revisited, and glorious victories.

Until next year, when we do it bigger and better.

Thursday, March 31, 2011

Unsafe Drug Alert: TOPAMAX

On March 4, 2011, the Food and Drug Administration (“FDA”) issued a warning that Topiramate, a seizure, epilepsy and migraine medication marketed as Topamax, increases the risk of oral birth defects including cleft lip and/or cleft palate.

The FDA approved Topiramate to prevent migraine headaches (but not to relieve migraine headache pain) and it has been used “off-label” to treat other conditions.

Topamax has been on the market since 1996 and was the 13th best selling prescription drug in 2008 with $2.4 billion pm annual U.S. sales.

Although previously classified as a “Pregnancy Category C” drug (meaning that animal studies data suggested potential fetal risks) because new human data shows an increased oral cleft risk, Topiramate was placed in “Pregnancy Category D” signifying human fetal risk.

Specifically, data indicates that if Topiramate is taken during pregnancy there is a higher risk that the baby will develop a cleft lip and/or cleft palate.

Cleft lip and cleft palate range from a small notch in the lip to a groove running into the roof of the mouth and nose, possibly leading to eating, talking and ear infection problems.

Oral clefts happen early in pregnancy, before many women even know they are pregnant, and surgery is used to close the lip and palate.

Topiramate’s benefits and risks should be carefully weighed when prescribing to women of childbearing age, particularly for conditions not usually associated with permanent injury or death.

Further, because suddenly stopping Topiramate can cause serious problems, Topiramate should not be stopped before talking to a healthcare professional, even in pregnant women.

Thursday, February 24, 2011

Consumer Product Safety Database

Starting in March 2011, consumers will be able to submit reports of harm caused by consumer products to a public database created by the Consumer Product Safety Commission ("CPSC").

The CPSC regulates consumer products sold in the United States including toys, furniture, clothing and accessories, electronics, sports and recreation items, containers, kitchen items, household chemicals and fuel.

The database, www.saferproducts.gov, will allow the public to post, search for, and review consumer product reports (previously available only through a Freedom of Information Act request) and manufacturers’ response to those reports.

The database was created to provide timely injury-causing-dangers information without waiting for a product recall by allowing consumers and others to submit consumer product safety reports directly to the CPSC.

Here is how it works.

Consumers log onto www.saferproducts.gov and submit a description of the product, the manufacturer’s identity, and a description of the harm caused by the product’s use.

If it meets the minimum criteria for publication, the CPSC will post the report on the database 15 business days after submission and forward a copy to the manufacturer for comment.

The manufacturer then has 10 business days to comment if it wishes to have its comments published simultaneously with the report’s posting.

Although the new CPSC database will both promote transparency and provide consumers with necessary product safety information, because anyone may submit a report, including competitors and lawyers representing claimants against the manufacturer, concerns exist that the database might unfairly damage reputations or lead to baseless litigation.

Tuesday, October 26, 2010

Brain and Spinal Cord Injuries: Causes and Protections

Although design defects have not changed much over the last couple of decades, recent medical advances allow crash victims to survive formally fatal injuries.

Seriously brain damaged and paralyzed spinal cord victims’ survival and increased life expectancies require huge sums for lifetime medical expenses and costly functional and psychological problems.

How brain and spinal cord injuries occur - - and methods for eliminating or reducing their severity - - is discussed below.

Severe Brain Injury

Brain injuries are most commonly caused by head impact, inertial loading of the head, and loss of oxygen (hypoxia).

While brain injury from head impact requires direct impact, inertial loading of the brain results from direct or indirect loading like violent flexion/extension in a rear-end crash lacking properly designed head restraints.

This trauma causes diffuse and focal brain injury, the latter involving harm to defined brain regions in which victim experiences skull fractures and brain contusions or epidural or subdural hematomas located beneath - - or opposite to - - impact’s site.

Head contact may cause diffuse axonal injury, i.e., an initial concussion followed by cellular or bleeding damage to multiple brain regions.

Regardless of whether the injury is focal or diffuse, swelling or edema (tissue damage and increased fluid) more life threatening than the injury may occur and horribly injure the brain stem, i.e., the link between the brain and spinal cord.

Either direct head impact or indirect violent head movement induces two types of brain injury: translational and/or rotational movement.

Translational (or linear) motion is the movement in a direct path through head’s center of gravity (CG). Rotational motion occurs when the brain angulates around the head’s CG causing it to violently move in a non-uniform fashion and exposing areas of the brain to injury.

The brain is a viscoelastic organ susceptible to injury due to sensitivity to force, shape of impacting object, acceleration, and rate at which brain is accelerated.

While most closed head injuries occur within a fraction of a second of exposure to acceleration, the head injury’s nature and extent depends upon the acceleration’s rate of onset, directionality and peak.

Severe Cervical Spinal Cord Injury

The cervical spine is made up of vertebrae positioned to produce “lordotic curvature” causing the spine to arch when standing upright.

The lower cervical vertebrae are similar in shape, with size and mass increasing as there is movement toward the thoracic spine.

The commonly acknowledged mechanism causing cervical spine fracture or dislocation —resulting in catastrophic quadriplegia/paraplegia — is axial loading with failure of the spine in a flexion mode.

Considering the cervical spine with the neck in the neutral position, the spine’s normal alignment is with extension because of the lordotic curve. When the head moves forward and the neck flexes forward, the cervical spine is straightened.

With the force exerted from head impact or arrest of the head with the body in motion, along the axis of a straight spine, loading of the spine as a segmented column occurs. When energy input exceeds energy absorbing capacity, intervertebral disc injury, vertebral body fracture, ligamentous disruption or posterior element fracture results. When maximum vertical compressive deformation is reached, acute cervical spine flexion occurs, with fracture or dislocation. The spinal cord is traumatized by impingement of the spinal process.

Because current research places the critical limits on the compressive load’s magnitude at 700 to 1000 pounds, force exceeding this load causes spinal cord injury.

Automotive and Helmet Design and Injury

To properly design a motor vehicle to reduce brain or spinal cord injury, the restraint system and "head strike zone" (e.g., steering wheel, instrument panel, roof, windshield, etc.) must account for head contact, inertial loading of the head from torso restraint, and spinal cord loading.

Thus, manufacturers must set design/injury parameters under foreseeable accident circumstances then test and measure the safety componentry’s performance. Generally, the more shock attenuation provided by the component or system placed between the head/neck and loading force (e.g., helmet, instrument panel, "A" pillar padding, etc.), the less transmitted acceleration and less likely the victim will be injured.

Head and spinal cord injury is also a major cause of disability in sports activities associated with helmets often due to lax and outdated helmet test standards.

If designed correctly, all helmets protect through load distribution and energy absorption. Distribution depends on the stiffness of the shell while absorption is based upon the liner’s deformable properties, i.e., density and thickness.

Unfortunately, many helmet designers fail to provide head and neck protection in impacts with velocity changes exceeding 15 mile per hour often meeting only minimal governmental or industry standards.

Thursday, September 2, 2010

Crashworthiness

What is Crashworthiness

Vehicles sold in the United States should protect occupants from injury in moderate speed, foreseeable collisions and those which cannot are not “crashworthy”.

Insufficient crashworthiness is established by demonstrating that:
○ crash was of a kind that is expected to occur;
○ injuries were caused or enhanced by defective vehicle condition which failed to protect occupant; and
○ an alternative design existed which would have prevented or lessened injuries.

Because auto defect cases are not always readily apparent, any time a person is catastrophically injured in a motor vehicle accident a crashworthiness claim should be investigated.

The most frequently encountered crashworthiness claims involve tires, airbags, fuel tank design, rollover/roof crush/vehicle stability, seat design/restraints, child safety seats, or passenger vans.

Fuel Tank Design

If an occupant can survive the accident’s initial impact but suffers loss of life or significant burns in the resulting fire, a "fuel fed fire" case may exist. One type of case involves fuel tank placement within a vehicle’s known “crush zone” making it more susceptible to fuel leakage and resulting fire. Other potential defects include the design of the connection points that gas passes through while traveling through the vehicle like the design and location of the filler neck assembly connecting the gas cap to the tank.

Airbags

It is common in accidents, such as where a vehicle strikes a tree or a pole, for airbags to fail to deploy. Some airbags are incredibly aggressive, deploying at speeds of 200 miles per hour causing head, neck and eye injuries. Some airbags deploy late in the accident sequence, after the occupant is already close to the airbag, or deploy in minor, low speed impacts, which would not have resulted in injury except for those relating to the airbag.

Rollover/Roof Crush/Vehicle Stability

Tall, narrow vehicles such as SUVs are especially prone to rollover, particularly after drivers make sudden steering changes. Recently manufactured vehicles should be equipped with Electronic Stability Control, an intelligent braking system assisting drivers in responding to sudden steering inputs minimizing the risk of loss of vehicular control.

Seat Design/Restraints

Often in relatively moderate speed rear impacts, seatbacks will collapse, causing occupants to move rearward and strike the seat or persons in the rear of the vehicle. In more severe accidents where occupants are ejected from the vehicle, seatbelts may become unlatched, the seatbelt webbing can "payout" during an accident sequence, or seat tracks can fail. Seatbelts must be designed to fit as closely to the body as is possible and claims may be brought against vehicle and/or seatbelt manufacturers for designing belts failing to protect occupants.

Tire Defects

A tire defect case may exist if there is a loss of vehicular control. Sometimes the association between loss of control and a tire condition is relatively easy to determine, like with blowouts. Tire mounting errors can also severely impair a driver's ability to control the vehicle.

Child Safety Seats

Any time a child riding in a carseat is seriously injured in a accident, there must be an evaluation as to whether or not the child seat contained any defects. Frequently seats become dislodged from bases, issues with the seatbelt or latch issues exist, or problems occur with which how the child seat "fits" in specific cars.

Passenger Vans

Because "15 passenger vans" have significant stability and handling problems exacerbated when fully occupied, a crashworthiness case must be investigated whenever an accident occurs.

Wednesday, May 26, 2010

Boating Accidents

A recent U.S. Coast Guard report provides that 4,904 recreational boating accidents occur annually resulting in 676 fatalities, 3,363 injuries, and $35,038,306 of property damage.

Whether on a luxury cruise, fishing trip, diving expedition, or just water skiing, boating has become an increasingly dangerous and injurious activity.

Types and Causes of Boating Accidents

Although collisions are the most reported type of accident, and capsizing and falling overboard account for over half of all fatalities, boating accidents also include sinking/flooding, explosions, disappearance and fire.

Boating accidents are caused by carelessness or reckless operation, operator inattention or inexperience, excessive speed, and operating a watercraft under the influence of alcohol.

Boating accidents also result from poorly designed boats including failure of the boat's machinery or hull.

Boating Accidents Reports

A boating accident report must be filed when a life is lost, an injury occurs requiring medical attention beyond first aid, damage is caused by or to the vessel and other property, or any person disappears under circumstances indicating death or injury.

Boating accident reports must be filed within 48 hours if a person dies or requires treatment beyond first aid and 10 days if there is only damage to the boat and/or other property.

Laws Governing Boat Accidents

Boating accidents are governed by local, county and state criminal and civil laws requiring operating a watercraft in a safe, non-negligent manner.

Boat owners must also must be careful about allowing others to operate their vessel because, regardless of the operator, “accident causing” boat owners may be liable for damages.

Failure to remain on the scene, provide aid or timely report accident to the applicable authorities is also a crime.

Steps to Take if Injured in a Boating Accident

If injured in a boat accident, you have the right to be compensated for property damage, medical expenses, lost wages, pain and suffering, and any permanent injury.

To protect your rights after a boating accident injury:
○seek medical treatment as soon as is possible;
○obtain all accident information your including names and contact information of all parties and witnesses, insurance information and reports;
○Talk to no one about your accident other than law enforcement officials. Anything you say to an insurance company may make it harder to settle your claim.
○Sign nothing, especially a release form, without talking to an attorney first.