Washington Personal Injury Lawyer & Attorney : Regan Zambri & Long Law Firm : DC Metro Area Personal Injury Law Blog

Only seven percent of U.S. households have taken three basic steps the American Red Cross recommends to prepare for a natural disaster, according to an agency news release.  The organization advises that those steps can be conveniently summarized as: Get a kit, Make a plan, Be informed.  In extended format, the steps are as follows:

1. "Assemble or buy a disaster kit containing at least three days of supplies in an easy–to–carry container, like a backpack. It’s also important to check that stock every six months and replace expired items.
2. As part of your family plan, each person should know how to reach family members and where to meet if they can’t go home.
3. Families should learn about what types of disasters or emergencies are most likely to occur where they live, work and play, and take first aid and CPR courses—a vital component of disaster preparedness."

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Roughly 3,800 injuries  -- and even 34 deaths -- occur every year due to scalding injuries from tap water that is too hot, according to the U.S. Consumer Product Safety Commission (CPSC).  Most of these injuries involve senior citizens, children, and water heater thermostats that are turned up entirely too high.  Don't take hot water temperatures for granted.  The Home Safety Council offers the following tips to help reduce the risk that anyone suffers a scalding injury in your home:

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Graco Children's Products, Inc. and Britax Child Safety, Inc. have each recently issued safety alerts related to certain models of child safety seats for automobiles. 

Affected Graco seats have misrouted lower anchor belts -- a flaw that could prevent the seat from remaining firmly restrained in the event of a collision, and potentially lead to serious injuries.  On affected units, the lower anchorage belt was mistakenly routed behind the shoulder portion of the harness rather than under the buckle portion of the harness.  These seats are not being recalled, but the manufacturer has issued a safety notice and instructions for re-routing the lower belt.

The Britax seats are being recalled because under certain circumstances, when the harness adjuster strap is pulled from an angle, the bezel may separate from the restraint shell, causing difficulty with the proper adjustment of the harness.  This difficulty may lead to improper usage or adjustment, and a loose-fitting belt may ultimately cause injuries in the event of an accident. 

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Many families will soon hit the road for one last summer trip or vacation, but many will overlook one of the most important safety considerations of all, according to the U.S. National Highway Traffic Safety Administration (NHTSA) -- the condition of their vehicle's tires.  Proper tire condition (including proper inflation) can improve your vacation in the following ways:

• "Improves vehicle handling
• Helps protect you and others from avoidable break-downs and accidents
• Improves fuel economy
• Increases the life of your tires"

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The number of alcohol-related traffic fatalities rose in Virginia and Maryland in 2006, but fell in D.C., according to new data released by the National Highway Traffic Safety Administration (NHTSA).  The numbers were made public as part of a press briefing co-sponsored by NHTSA and Mothers Against Drunk Driving (M.A.D.D.), where the organizations announced an $11 million nationwide Labor Day campaign for 2007 called "Drunk Driving.  Over the Limit.  Under Arrest."

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Late summer is a popular time for recreational boaters, and consequently a time of increased boating injuries, many of which involve alcohol as a contributing factor.  Operating, or even riding in a boat while intoxicated poses a number of dangers that may not become evident until it's too late.  According to the U.S. Coast Guard (U.S.C.G.), alcohol is particularly dangerous to boaters for these reasons, among others:

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Motorcycling can be enjoyable recreation, as well as affordable transportation.  Too frequently, however, accidents occur when motorcyclists attempt to carry passengers, unaware of the dangers posed by riding in tandem.  While little forethought or additional driving skill is required to transport passengers in a car, carrying a passenger by motorcycle requires some special consideration -- not to mention practice.  The Motorcycle Safety Foundation (MSF) offers the following safety recommendations for motorcycling in pairs:

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Autumn foliage and milder temperatures will inspire many motorcyclists to take to the roads in greater numbers over the coming months.  Understanding and anticipating the behavior of motorcyclists and other drivers can help prevent accidents and fatalities.  The Motorcycle Safety Foundation (MSF) encourages everyone on the road to "S.E.E." their surroundings:

        "S:  Search for factors in the area

          E:  Execute with control and precision"

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Approximately seven students die and 47 more are injured each year in college dorm fires, according to the U.S. Consumer Product Safety Commission (CPSC).  Worse, data suggests that the number of fires has been increasing.  The new data triggered an alarm at CPSC, and the organization issued a public warning this week, as thousands of students head toward campus to begin the new academic year.

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Many teens with graduated or provisional driving licenses will soon resume their daily commutes to high school or college, presenting a good opportunity to brush-up on some safe driving skills. The automotive safety website, Teendriving.com, offers the following suggestions for teens to prevent accidents or injuries specifically while driving to and from school:

• "Get to school five to ten minutes early and leave five minutes late to avoid the mad dash into and out from the parking lots. Many accidents happen when kids are rushing around.
• If your school lot has perpendicular spaces (not angle parking), park in a space you can pull straight out of instead of having to back out. Backing out in crowed lots is tricky. Also, the Key Driving School has written me that pulling straight through a parking space is illegal in some states--so check your local traffic laws before using this tip.
• Watch for kids getting on and off school buses--and don't run into the school buses, either.
• Go slow
• Don't leave valuables like wallets, shoes, leather jackets or sports equipment in your cars where they can be seen because they invite break-ins.
• Always stop for school buses with flashing lights. The flashing lights mean that students are either getting on or off the bus--and may be crossing the street. Their safety depends on cars obeying this law.
• Don't park in fire lanes around the school. Not only will you probably get a ticket, but you could be blocking the area where a fire truck needs to park in case of an emergency."

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Toshiba America has announced an expanded voluntary recall of defective lithium-ion laptop batteries manufactured by Sony Corporation.  The batteries, which pose a fire hazard due to overheating, were not included in the much wider recall of Sony laptop batteries issued in 2006, also due to fire hazards from overheating.  Most of the affected batteries accompanied new Toshiba Satellite and Tecra notebook computers with any of the following model numbers:

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Teens need more sleep than younger kids -- 9 or more hours per night -- but they frequently get 6 hours or less, according to the National Heart, Lung, and Blood Institute.  Though insufficient sleep carries a number of negative implications for teens' health, it can make them particularly dangerous drivers.  Here are nine things all teen drivers and their parents should know about the dangers of drowsy driving:

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Certain 2007 Toyota Tacoma 4x4 Trucks are being recalled by the National Highway Transportation and Safety Administration (NHTSA) and Toyota Motor Corporation due to a drivetrain defect.  Approximately 100 trucks are currently subject to the recall, involving rear propeller shafts which were improperly cast and my fail, separating and coming into contact with the road.  Under the recall, scheduled to begin on or around August 8, 2007, authorized dealers will replace the rear propeller shaft with a new one free of charge. 

Truck owners with questions concerning the recall are instructed to call Toyota at 1(800) 331-4331, or by contacting NHTSA at 1(888) 327-4236, or via their recall website:  http://www.safercar.gov. 

Previously on the D.C. Metro Area Personal Injury Law Blog, we have posted articles related to:

• A Ford Motor Company recall over cruise control switches
• Trailer / Towing hazards and tips for safer driving
• Highway safety tips for summer road tripping

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According to the U.S. National Safety Council (NSC), children under the age of 6 are at the greatest risk of lead poisoning.  Most significant, perhaps, is that it is difficult for parents to identify that their children are suffering from lead poisoning.  The symptoms are often subtle, and differ according to age.

Though lead occurs naturally in the soil, it can be toxic to humans, particularly in high concentrations.  Those higher concentrations are most typically associated with industrial products made with refined lead.  For instance, prior to 1978, house paint commonly contained lead; until recently, so did gasoline.  Lead poisonings are all too common, and frequently involve children, who ingest chips of lead paint commonly found in older homes, or who simply breathe the dust of deteriorating, lead-based paint.

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Vinyl baby bibs sold at Toys "R" Us stores may contain dangerous levels of lead, according to a recent Washington Post article.  The bibs were produced in China for Louisiana-based Hamco Baby Products. 

According to the Post article, the Center for Environmental Health in Oakland, California -- a nonprofit environmental advocacy group -- purchased bibs from Toys "R" Us and had their lead levels independently analyzed earlier in the year.  When they failed to meet acceptable health and safety standards, the group notified the store and threatened legal action if the bibs weren't removed from shelves. 

Toys "R" Us is conducting additional tests on the bibs, and has said the products will be removed if found to contain unacceptable levels of lead.  According to the store, the products it sells are regularly analyzed to ensure acceptable lead levels.  This additional testing is being conducted in response to the findings of the Center for Environmental Health, and in response to a decision by Wal-Mart to remove lead-tainted bibs from its shelves earlier this year.  Wal-Mart removed its lead-tainted bibs after the Center for Environmental Health determined that they were unsafe and threatened legal action.

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Parents should pay special attention this fall to safety issues surrounding back-to-school clothing, helmets and art materials, according to the U.S. Consumer Product Safety Commission (CPSC).  Thanks to CPSC, avoiding personal injury this season is as easy as remembering your ABCs:

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More than a quarter million defective Chinese tires are being recalled by New Jersey-based Foreign Tire Sales, because they lack a gum strip -- a band of rubber designed to keep the steel belts from separating.  Belt separation can cause the tires to split apart at high speeds, and the flaw has already resulted in some fatalities.  The tires were sold under the brand names Westlake, Compass and YKS from 2004 to mid-2006, and were marketed for use on SUVs, trucks and vans.  About 1,100 of the tires were sold in Virginia, but none are known to have been sold in Maryland or DC.

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State laws mandating the immediate license suspension of any driver who fails a breathalizer test have a deterrent effect on drunk driving and save approximately 800 lives each year, according to a new study published in the journal Alcoholism:  Clinical and Experimental Research.  The study also found that license suspensions which occur after conviction of the offense have relatively little deterrent effect.  The study, funded by the Robert Wood Johnson Foundation's Substance Abuse Policy Research Program (SAPRP), is one of the most comprehensive examinations of the efficacy of drunk driving laws ever conducted. 

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A recent two-year survey of Texas judges shows that runaway juries and frivolous lawsuits are mostly fictional events and that tort reform legislation isn't necessary.  To evaluate the nation's need for tort reform,  Baylor Law School researchers surveyed a broad sample of trial judges, whose unique position allows them to view the same evidence as jurors, yet remain non-partisan regarding trial outcomes.  Impartial observation of numerous trials over time also guards against the possibility that a judge would adopt broad generalizations based on individual, isolated verdicts.

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Physician-based counseling of patients regarding the proper use of seat belts and admonitions for driving while intoxicated do not lead to demonstrated improvements in behavior or public health, according to a new study published in the Annals of Internal Medicine.  Research conducted by the U.S. Preventive Services Task Force has found that while physician counseling causes no apparent harm, the benefits attributable to it are generally negligible. The group recommends that physicians and their patients may be better served by using office visit time to focus on other preventive care issues. 

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Kids who bully others and kids who are victimized by bullies each face an increased risk of psychiatric disorders by early adulthood, according to a study recently published in the journal Pediatrics.  According to comprehensive study data, frequent bullying behavior in childhood reliably predicted antisocial personality, substance abuse, and depressive and anxiety disorders.  Frequent episodes of victimization predicted future anxiety disorders in adolescence. 

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Drunk driving contributed to a graduation day auto accident that killed four local teenagers on June 14th, according to a new Washington Post report.  A half-empty gallon of vodka, a six-pack of beer and a small amount of marijuana had previously been recovered from the Interstate 395 accident scene by police.  Recently released toxicology results confirm that the driver was legally drunk and under the influence of marijuana at the time of the accident, when she apparently steered her Volkswagen and four passengers into the path of a tractor trailer on a highway ramp, killing all but one.  Police are trying to determine how the minors obtained their alcohol. 

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More than a third of all U.S. kids between 9 and 15 years of age live within a mile of school, yet fewer than half of them regularly get there by walking or riding a bicycle, according to a study recently published in the American Journal of Preventive Medicine.  The phenomenon has important public health implications in a time when many schools have acted to shorten or eliminate recesses and physical education classes.  According to the study, in 1969, 90% of kids who lived within a mile of school regularly walked or rode a bike to get there.  In 2004, only 48% walked or rode a bike once or more per week.  Students in the southern U.S., students living in mostly rural areas, and students of parents with advanced degrees were found to be most likely to catch a ride.

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Mattel, Inc. has announced an expanded recall of 9 million toys due to health threats posed by powerful magnets and toxic lead paint.  Approximately 1.5 million toys were recalled on August 1st, all of which had been manufactured in China.  These latest additions were also manufactured in China.  Among those magnetic toys most recently recalled are Polly Pocket toys, Barbie and Tanner sets, Doggie Daycare sets and Batman figurines.  Sarge characters from the movie Cars are being recalled due to toxic surface paint. 

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A web-based Dangerous Dog Registry has been launched by the Virginia Department of Agriculture and Consumer Services.  The database, modeled after the state's sex offender registry, can be searched by zip code or locality, and is designed to alert Virginians to the whereabouts of dogs with an established history of violence.  Each dog listing includes a description of any attack(s), primary and secondary breed information, photos of the offending animal, the address at which it resides and other pertinent information.

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Bicycling is a healthy, environmentally-friendly, low-cost way to commute and it can be enjoyable recreation, as well.  While safety equipment such as helmets and reflective clothing can help you avoid crashes and injuries, knowing the traffic rules for cyclists in your jurisdiction and developing your cycling skills can also contribute to your safety.  Maryland, Virginia and D.C. laws all require bicyclists to be familiar with street signs and markings, and to follow the rules of the road -- as well as other rules that apply in off-road situations.  The Washington Area Bicyclist Association, in conjunction with the D.C. Department of Transportation and Arlington County, Virginia, publishes a booklet entitled "Safe Bicycling in the Washington Area," which lists relevant bicycling laws and travel tips by jurisdiction.

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As the new academic year begins, many metro area kids will resume walking to school each day.  While walking is great exercise, it also puts people at risk for pedestrian injuries.  The National Highway Transportation Safety Administration (NHTSA) warns that young children face a particular risk, because they move quickly and are unaware of many dangers.  The agency offers the following facts regarding injuries to preschoolers:

• "Most preschoolers are injured near their home or on their own street.

• Most crashes involving preschool children happen between 3 p.m. and 6 p.m.

• Most crashes involving preschoolers occur in fair and warm weather.

• Twice as many preschool boys are injured than preschool girls."

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More than 33 million Americans are injured in their homes each year, according to the U.S. Consumer Product Safety Commission (CPSC).  While some home-based hazards arise from new trends or technologies, many are age-old dangers -- the unanchored stove that tips forward and burns a curious child, for example.  To help increase awareness of preventable home injuries, CPSC recently published its list of "Top Five Hidden Home Hazards."  A serious injury can change your life, or the life of your child, forever.  Your own awareness of these "Top Five" dangers can be your best protection from personal injury:

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Red yeast rice and red yeast rice supplements are often marketed as cholesterol-lowering alternatives to medication.  The U.S. Food and Drug Administration (FDA) has announced, however, that some red yeast rice products may lower peoples' cholesterol because manufacturers have been illegally lacing them with lovastatin -- the active ingredient in Mevacor, a prescription cholesterol drug.  The FDA has issued warnings related to the following specific red yeast rice products:

• Red Yeast Rice and Red Yeast Rice/Policosonal Complex, sold by Swanson Healthcare Products, Inc. and manufactured by Nature’s Value Inc. and Kabco Inc., respectively

• Cholestrix, sold by Sunburst Biorganics.

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While backpacks can make your child's life easier in the short-term, they can give rise to long-term health consequences in the form of back injuries if overloaded or worn improperly.  Compared to brief cases or bags designed to be carried, backpacks are preferable, as they distribute weight more evenly across the body, allowing it to be supported by the back and abdominal muscles.  Before you send your child back to school with a backpack, review the following injury prevention recommendations by experts at the Cedars-Sinai Institute for Spinal Disorders and Orthopedic Center, as reported in Medical News Today:

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The first legal challenge of Virginia's Civil Remedial Fees (Abusive Driver Fees) in Northern Virginia has been filed on behalf of Charles Mason, a U.S. Navy Veteran who was recently ticketed en route to his Navy Reserve drill duty.  According to a Washington Post report, Mason, who has an excellent driving record, was in uniform when he was ticketed by a Virginia state trooper with no radar gun on Interstate 395 at 7:25 am.  Mason maintains that he was not speeding, and that in fact, other cars were passing him.  He was cited for driving 75 mph in a 55 mph zone, an offense that could cost him $1,050.  Judges in Richmond and Henrico County have already declared the fees unconstitutional, because they apply only to Virginia residents.  Those rulings apply only to their respective jurisdictions, however.  Mason's attorney is also arguing that the fees are unconstitutional. His case is scheduled to be heard in Arlington General District Court on Monday, August 13th, 2007. 

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U.S. children made approximately 51,000 emergency room visits between 2001 and 2003 for injuries resulting from school bus-related accidents, according to a study recently published in the journal Pediatrics.  Researchers note that kids between 10 and 14 years of age accounted for the greatest proportion of injuries.  Most of those injuries (43%) were the result of motor vehicle accidents, and roughly a quarter happened as a child was approaching the bus. 

According to the National Highway Transportation and Safety Administration (NHTSA), 23 million students nationwide rely on buses to get to school.  The agency offers the following recommendations to help reduce the number of school bus-related accidents, and to protect your children and yourself as children begin returning to school this fall:

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Recalls by the Consumer Product Safety Commission (CPSC), the U.S. Food and Drug Administration (FDA), and the U.S. Department of Agriculture (USDA) are particularly effective at removing dangerous products from store shelves before they can injure consumers. 

Recalls.gov is a web-based resource that helps remove those products from the homes of consumers in instances where they've already been sold.  You can always be notified of product recalls by filling out and returning the product registration card of any appliance or product that you purchase. 

Alternatively, however, you can now sign up to receive free email notifications of recalled goods from their respective regulatory agencies.  The site can also be used to search a comprehensive database of recalled products, and warnings that have been issued by three other agencies, as well:  the National Highway Transportation Safety Administration (NHTSA), the Environmental Protection Agency (EPA) and the U.S. Coast Guard.  The site also enables consumers to report potentially dangerous products and serves as a repository for general safety information.

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Metro area neighborhoods will observe the 24th Annual National Night Out -- a crime and drug prevention and awareness event sponsored by the National Association of Town Watch (NATW), a national nonprofit crime prevention organization.  The event occurs each year on the second Tuesday in August.  Thirty-four million people are expected to participate in "America's Night Out Against Crime" this year.  In D.C., Mayor Adrian Fenty and Police Chief Cathy Lanier will kick off the event at the Ledroit Park Market in the Northwest.  In Montgomery County, community events include parades, free food and other recreation.  In Fairfax County, a kick-off event will be held at Camelot Elementary School in Annandale, from 3pm to 5pm, with refreshments and child fingerprinting among other activities. 

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Other blogs and the media have given significant coverage, lately, to a study by Washington University researchers highlighting the emotional turmoil American doctors suffer when they injure a patient through negligence or malpractice.  The research is almost as interesting as the misplaced sympathies it seems to engender in media circles.  The Joint Commission published the report this month in their Journal on Quality and Patient Safety, implying that many safety shortcomings in our health system are systematic, and perhaps not the sole responsibility of the system’s most visible custodians and benefactors.  Policy pundits have echoed those sentiments.  While few would accuse physicians of being disaffected or unconcerned by the injuries they inadvertently inflict on patients, fewer still would argue that they aren’t in a position to effect change, or that their responsibility for the health of patients is applicable only for the duration of seven-minute clinical encounter.

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Many Americans put their faith in health insurance companies, paying hefty premiums to be protected in the event of catastrophic or chronic illness.  Too frequently, in times of need, their claims are denied for technical or procedural reasons, or no good reason at all.  A recent article published in CNN Medical News chronicles the story of one family's unjust treatment by an insurer, and includes the following advice for leveraging your position and negotiating more successfully with insurance companies regarding claim denials:

1. Get help.  Your doctor, hospital business office, and employee benefits office can be much more powerful than you are. 
   
2. Be persistent.  File appeals again and again, and to several different levels until you get a favorable resolution. 
   
3. Use the right words.  Certain words, like "cosmetic," or "to enhance esteem," may trigger a denial, while appeals that include specific problems with "biting," "chewing," or "swallowing" may work to your advantage. 
   
4. Ask your doctor to try again.  If a particular drug or procedure serves two purposes (for instance, it enhances the effectiveness of your chemotherapy, and also treats your anemia), then mention the second when you appeal a denial of the first. 
   
5. You may need a lawyer.  The threat of a lawsuit with attorneys copied on your correspondence may get your claim the close attention it deserves.
   

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A Federal Appeals Court has struck down a Bush administration regulation allowing truck drivers to spend more hours on the road per day and week, and to spend less time resting before the official "re-start" of their work week.  According to Public Citizen, the non-profit public interest group, this is the second time the proposed rule has been struck down by a unanimous 3-judge panel (for a total of six different judges), and for the same reasons -- because it fails to account for the added fatigue drivers would face under the expanded limits, and because the Federal Motor Carrier Safety Administration (FMCSA) gave no opportunity for notice or comment on the new rule, and inadequately explained the methodology of the research that was purported to justify a change in the previous standard.

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After a local incident of carbon monoxide poisoning, D.C. Fire and Rescue officials say the episode was likely related to a malfunctioning hot water heater in the basement of a house.  Carbon monoxide is a colorless, tasteless and practically odorless gas, and is highly dangerous. 

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French Style Green Beans in 14.5 ounce cans and sold under several different brand names are being recalled by manufacturer Lakeside Foods of Manitowoc, WI, over concerns that incorrect canning procedures could leave the contents vulnerable to infection by Clostridium botulinum.

 According to the U.S. Food and Drug Administration (FDA), no reports of Botulism have yet surfaced, and the company is recalling the product out of an abundance of caution.  The recall affects 20 states, including Virginia.  No other Lakeside products are affected by the recall.  Consumers who have purchased the product are instructed to contact the company at (800) 466-3844, ext. 4090 for further instructions. 

Previously on the D.C. Metro Area Personal Injury Law Blog, we have posted articles related to:

• A Castleberry's Foods Botulism recall
• A Gerber organic baby food recall
• FDA begins pilot program to inform consumers of food recalls

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Ford Motor Company has announced a voluntary expanded recall of 3.6 million vehicles due to fire safety concerns stemming from faulty cruise control switches.  The recall now includes more than a dozen models of vehicle built between 1992 and 2007. 

In January 2005, the company had recalled approximately 6 million vehicles with similar cruise control switch problems.  According to Ford, newly-affected owners will begin receiving notices of the expanded recall on August 15, 2007. 

Owners with immediate questions regarding the recall are instructed to call (888) 222-2751. 

Ford's latest recall involves the following vehicles:

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Whole Foods Market has issued a recall of Swiss Dark Chocolate Bars marketed under the 365 Organic Everyday Value label, because they could contain undeclared almonds.  The chocolate bars were sold in stores throughout the U.S., including Maryland, Virginia and the District of Columbia.  According to the U.S. Food and Drug Administration (FDA), the bars affected by the recall have a lot code that begins with the letters "L71423" followed by a time stamp of between the hours of 11:33 and 12:15.  The time stamp can be found on the back of the wrapper.  The recall is only being conducted because the product ingredient label does not include almonds -- a flaw that has been tied to a temporary error in the packaging process.  Customers who purchased the chocolate bars can return them to the store for a full refund, or may call Whole Foods Markets at (512) 542-0656.  According to the Nemours Foundation, sponsor of the popular Healthy Kids' Organization, some of the earliest signs or symptoms that you're experiencing a nut allergy may include:

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Fisher-Price and its parent company, Mattel, Inc., are recalling 83 kinds of children's toys, including Sesame Street, Sponge Bob and Dora the Explorer figures among others, because surface paint on the toys contains high levels of lead.  The U.S. Consumer Product Safety Commission (CPSC) has stated that the toys were available in most major retail stores between May 2007 and August 2007, for prices between $5 and $40.  The recall is the first ever for Fisher-Price or Mattel, Inc. involving lead paint, and the largest recall for Mattel, Inc. in nearly a decade.  No injuries have yet been attributed to the toys, which were manufactured in Chinese facilities.

CPSC advises that parents who have purchased any of the recalled toys immediately place them out of reach of children, and contact Fisher-Price at (800) 916-4498, or by visiting their recall website, at http://www.service.mattel.com, to obtain replacement instructions.

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A previous recall of Castleberry's Food Company products contaminated with deadly Clostridium botulinum has been expanded significantly to include more than 90 items according to the U.S. Food and Drug Administration.  Many contaminated canned goods are beginning to swell and explode as a result of the bacterial growth.  According to the U.S. Centers for Disease Control (CDC), consumers must be especially careful in handling and disposing of these infected products, preventing any kind of human exposure to their contents.  The agency's website provides the following advice regarding proper disposal:

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An automotive trade association says Electronic Stability Control (ESC) may not be compat