Memorial Day Marks Beginning of Summer Holiday Travel Season

Posted by: Salvatore J. Zambri, founding member and senior partner

Traditionally, the summer travel season begins with Memorial Day Weekend.  Increased traffic volume also means an increased chance of automobile accidents.  Common sense preparation and safe driving practices can prevent many of those collisions from ever happening. 

Before traveling, follow these sensible guidelines:

  • Check your car or have it serviced before any long trip.
  • Stock and pack an emergency kit.  At a minimum, be sure to include water, jumper cables, flashlight, tire changing equipment, flares and a first aid kit.
  • Verify that child safety seats are properly installed.
  • Map out your travel route, especially if traveling in unfamiliar territory.
  • Check the weather conditions along your route.
  • Copy relatives or friends about your travel arrangements in case of an emergency.

While on the road, practice and enforce no-nonsense rules:

  • Do not engage in distracted driving -- no cell phone, no texting, no rubber-necking.
  • Require everyone in the vehicle to buckle up.
  • Obey all speed limits and road signs.
  • Drive calmly and avoid confrontation with aggressive drivers.
  • Avoid driving while tired. Take a driving break about every two hours.
  • Exercise caution around railroad crossings.
  • Note and avoid the "No Zone" around trucks. Make certain you can see the trucker driver in the truck's mirror.
  • Slow down in work zones, obey all signs and pay attention to the driver just ahead of you. 
  • Move over and slow down for emergency vehicles.

Since the beginning of the DC Metro Area Personal Injury Law Blog, we have included a number of posts to remind drivers of the importance of alert and safe driving during the holiday travel season.  Seat belt safety is such a significant part of safe driving that it cannot be over-emphasized.  

Previously posted on the DC Metro Area Personal Injury Law Blog:

Mark the beginning of your summer travels with a pleasant memory instead of a nightmare trip, or even worse, a tragedy.  Drive safely and have a wonderful Memorial Day Weekend.

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22,000 Dream On Me Cribs Recalled

By Catherine Bertram

                                                                                                             

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.  It is illegal to resell or attempt to resell a recalled consumer product.

Name of product: Full-Size and Portable Drop-Side Cribs

Units: About 22,000

Importer:  Dream on Me, Inc. of Piscataway, N.J.

Hazard:

Full-Size Cribs: The drop-side rail hardware can break or fail, allowing the drop side to detach from the crib. When the drop-side rail partially detaches, it creates a space between the drop side and the crib mattress. An infant or toddler's body can become entrapped in the space, which can lead to strangulation and/or suffocation. A child can also fall out of the crib.

Portable Cribs: The drop-side rail hardware can break or fail, allowing the drop side to detach from the crib or fall unexpectedly. In addition, the portable crib mattress support hardware and the drop-side release latch can break easily, and the slats can loosen or break and detach from the crib. Children can also cut themselves on exposed hardware inside the cribs.

Incidents/Injuries: CPSC and the firm know of 69 reports of incidents involving these cribs.

A 1-year-old boy sustained a scratch to the nose when he became trapped between the mattress support and side rail of his portable crib. An 8-month-old girl sustained a minor injury on her head from exposed plastic hardware inside the portable crib.

Description: The cribs are drop-side wooden cribs, painted or stained in black, cherry, dark brown, natural, white, and pink.

Full-sized cribs:  Models 613, 615, 616, 617, 619, 628, and 639 are included in this recall. The model number and "Dream on Me Inc." are printed on a label located on the inside of one of the end panels. The label lists a manufacture date between January 2006 and December 2009.

Portable cribs: The cribs are smaller than full-size cribs and the ends fold in to facilitate portability. Model numbers 621, 625 and 627 are included in this recall. The model number and "Dream on Me Inc." are printed on a label located on the mattress board. The label lists a manufacture date between August 2007 and February 2009.

Sold at: Toys R Us, Walmart and Target stores nationwide and online at Amazon.com. The full-size cribs were sold from January 2006 to December 2009 for about $200. The portable cribs were sold from September 2007 to December 2009 for about $150.

Manufactured in: China

Remedy:  

Consumers should immediately stop using these cribs and contact the company.

Full-size cribs: Consumers will be given a free kit that will immobilize the drop side. Kits will be available beginning June 30, 2011.

Portable cribs: Consumers can receive a free replacement portable crib with fixed sides. Replacement cribs will be available in mid-July 2011.

Consumer Contact: For additional information, contact the firm toll-free at (877) 201-4314 between 9 a.m. and 4:30 p.m. ET Monday through Friday, or visit the firm's website at www.dreamonme.com.

Important Message from CPSC: CPSC reminds parents not to use any crib with missing, broken or loose parts. Make sure to tighten hardware from time to time to keep the crib sturdy. When using a drop-side crib, parents should check to make sure the drop side or any other moving part operates smoothly. Always check all sides and corners of the crib for parts separating that can create a gap and entrap a child. In addition, do not try to repair any side of the crib. Babies have died in cribs where repairs were attempted by caregivers. Crib age is a factor in safety. At a minimum, CPSC staff recommends that you do not use a crib that is older than 10 years old. New, mandatory federal crib rules take effect on June 28, 2011. All cribs manufactured and sold after that date must meet new and improved safety requirements. Older cribs do not meet the new standard and can have a variety of safety problems. Check if your crib has been recalled at www.cpsc.gov

CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product.  Please tell us about it by visiting www.saferproducts.gov.

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction.  Deaths, injuries and property damage from consumer product incidents cost the nation more than $800 billion annually.  CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters and household chemicals – contributed to a significant decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

Under federal law, it is illegal to attempt to sell or re-sell this or any other recalled product.

To report a dangerous product or a product-related injury go online to www.SaferProducts.gov, call CPSC's Hotline at (800) 638-2772 or teletypewriter at (800) 638-8270 for the hearing impaired. Consumers can obtain this news release and recall information at www.cpsc.gov. To join a free e-mail subscription list, please go to www.cpsc.gov/cpsclist.aspx.

Firm's Recall Hotline: (877) 201-4314
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

SOURCE U.S. Consumer Product Safety Commission

http://www.cpsc.gov

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Quest Diagnostics To Pay California $241 Million to Settle Claims

By Catherine Bertram

                                                                                                             

According to an article in the Los Angles Times, by Mark Lifsher,  Quest Laboratories agreed to pay the State of California $241million to resolve a lawsuit that was pending against them.  The lawsuit alleged that Quest Diagnostics paid illegal kickbacks to doctors, hospitals and clinics for steering patients their way.  Quest denied any wrong doing. 

California has a law, similar to the federal law, called the California False Claims Act, which provides a cause of action that that can be filed when citizens believe a company is defrauding the state.  Here, the lawsuit alleged that Medi-Cal, California's program for the poor and disabled,  was overcharged by Quest Laboratories. This is reported to be the largest such settlement in California's history. 

This is a great example of ordinary citizens working with the government to identify alleged fraud and to seek and obtain settlements that reimburse states for funds.   There is a similar statute called the False Claims Act that is applicable for fraud in the federal setting. In health care it can involve claims of false billing for medicaid or medicare patients. It can involve drug companies and hospitals or medical device companies who overcharge the federal government.

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