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

Posted by: Salvatore J. Zambri, founding partner

Although Toyota has been in the spotlight recently, "unintended acceleration has been a problem across the auto industry, according to an NPR analysis of consumer complaints to federal regulators." According to the NPR News investigation, other automakers, including  Volkswagen, Volvo and Honda, have had significant complaint rates for some of their models. "The analysis covers about 15,000 complaints filed over the past decade, covering cars back to the 1990 model year. The complaints were filed with the National Highway Transportation Safety Administration, which regulates auto safety," states the NRP report.

If you experience any problems with your car, you can register a complaint with the National Highway Transportation Safety Administration by clicking here.

Technology is often shared, so it is not surprising to learn that cars from different manufacturers have similar defects.  If you are unsure about the safety of your vehicle, please get it inspected immediately.  Even minor defects can have devastating consequences.

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Posted by: Salvatore J. Zambri, founding partner

The Los Angeles Times reports that House Oversight and Government Reform Chairman Edolphus Towns said that Toyota "'deliberately withheld' evidence in lawsuits related to vehicle safety, exhibiting a 'systematic disregard for the law.'" According to the report, Towns stated that Toyota created secret "Books of Knowledge" that included information about design defects, but never disclosed their existence in lawsuits, according to internal company documents released by the committee Friday.  "We have to get to the bottom of this," Towns said in an interview. 'It is a situation that is just not going to go away if we ignore it.'"

Time magazine reviewed the progress of the congressional hearings concerning Toyota's safety crisis and noted that "the spectacle failed to answer a key question: whether Toyota has pinpointed the problems that caused it to recall more than 8 million cars, including over 6 million in the U.S., since last fall." Toyota CEO Akio Toyoda clearly has a tough road ahead of him in attempting to restore the company's image.  Of course, that image was of the company's own doing.

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Posted by: Salvatore J. Zambri, founding partner

This week Congressman Bruce Braley (Iowa) participated in the Toyota recall Oversight and Investigations Hearing.  I think you will find his questioning particularly illuminating.  Click here to view his questioning of Toyota's Chief Operating Officer.

What's becoming clearer as the hearings progress is that Toyota's business philosophy must undergo a sea-change.  Putting profits over safety, which is what seems to have been its business model, is un-American and dangerous.

To read some of my other blogs about Toyota's recent problems, please clicks the following links:

• Toyota Officials May Have Put Profits Over Safety
• Toyota Acceleration Defect Linked to 34 Fatalities, Says NHTSA
• Toyota Recalls 400k Defective Prius and Other Hybrid Cars
• Toyota Suspends Sales of Eight Car Models
• Toyota, Lexus Owners Make Sudden-Acceleration Complaints

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Posted by: Salvatore J. Zambri, founding partner

The Washington Post reports that Metro's "decision to mix different brands of signaling equipment -- despite a warning from one of the manufacturers -- could have caused the June crash that killed nine people, a senior engineer with the company," Alstom, "said Wednesday at a federal safety hearing." Information released by the NTSB "has pointed to possibly faulty and aging equipment in the failure of the automated crash-avoidance system. But the information on the signaling system attempts to shift blame to Metro's maintenance, testing and installation procedures."

As you may know from reading my prior blogs, my firm represents victims of this tragic and avoidable crash. 

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Posted by: Salvatore J. Zambri, founding partner

I have been blogging a lot about the recent problems facing Toyota.  In response to these problems, the Wall Street Journal has published an opinion piece, titled “Why We Need Trial Lawyers.”  To better understand the work we do as trial attorneys, please click here to view the full WSJ article.

There are many who wish to strip Americans of their civil rights in order to reap profits.  Those greedy folks seem to care little about those that are victims of carelessness and corruption.  I am proud to represent Americans every day, helping them to obtain justice following tragedy and wrongdoing.

If you have questions about our civil justice system, don't seek answers from those who spew rhetoric just to pad their profits.  Give me a call instead.  I'd be happy to share the facts with you.

Be safe.

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Posted by: Salvatore J. Zambri, founding partner

According to several news sources, Toyota officials apparently boasted about becoming subject to merely a limited recall in 2007 concerning defects in its automobiles. Per the CBS Evening News, the AP reported that "Toyota officials boasted last summer they saved $100 million back in 2007 when negotiating a limited recall of certain models with the federal government." The piece notes that the National Highway Traffic Safety Administration (NHTSA) "has received more than 2,000 complaints of sudden acceleration and 34 deaths have been blamed on Toyota vehicles" over the past decade, "according to the Detroit News, which also says the Administration was investigating Toyota for accelerator problems as early as 2003. Nevertheless, Toyota was never told to fix anything, and the investigation ended."

USA Today reports that "an internal Toyota document" states that the savings came from "getting the government to OK just replacing floor mats in 55,000 vehicles as a solution to sudden acceleration complaints. It's listed under 'wins for Toyota -- safety group' in the report, which is among documents obtained by a subpoena from the House Committee on Oversight and Government Reform. That and other references to saving money on safety issues raise the question of 'whether Toyota was lobbying for less rigid actions from regulators to protect their bottom line,' said Kurt Bardella, spokesman for the committee's ranking Republican, Darrell Issa of California." The document also said that "'NHTSA is more sensitive to public/congressional criticism' and that, combined with changes in regulations, will result in 'more investigations and more forced recalls.'"

The AP says that the documents "could set off alarms in Congress over whether Toyota put profits ahead of customer safety and pushed regulators to narrow the scope of recalls. Two House committees are holding hearings this week on" Toyota's recalls.

I hope Congress presses Toyota officials hard on when they knew of concerns, when they reacted, how they reacted, and whether the company did, indeed, put profits over the safety of Americans.  Americans have had enough with corporate greed, which leads to serious injuries and death, while corporations pad their profits.  Let's hope Toyota wasn't one of those companies.

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Posted by: Salvatore J. Zambri, founding partner

NBC Nightly News reported that "Federal safety officials said today the number of deaths that could be linked to sudden acceleration of Toyotas is now up to 34, based on consumer complaints they've received. The National Highway Transportation Safety Administration says it's normal for complaints to increase after people get word of a recall as more people become aware of safety defects that could have contributed to accidents in the past." The CBS Evening News also noted the NHTSA announcement in a similarly brief report.

USA Today reports that NHTSA "has received complaints alleging an additional 21 fatalities linked to Toyota's sudden-acceleration incidents," which "brings to 34 the total number of fatalities in 26 accidents that complaints to NHTSA allege are linked to sudden acceleration by Toyota products." NHTSA "also has seen a jump in brake-related complaints for the 2010 Toyota Prius. When NHTSA began investigating problems with Prius brakes, it had 124 consumer complaints in its database," but "since the investigation was opened Feb. 3 and publicized, nearly 1,000 more complaints have been filed."

The Washington Post adds that Toyota "announced a voluntary safety recall to inspect the front drive shaft on some 2010 Tacoma four-wheel-drive trucks. Officials said the front shaft in about 8,000 vehicles might include a component that has cracks created during the manufacturing process, which could lead to separation of the drive shaft at the joint portion."

If you own a model affected by a recall, please have your vehicle inspected and do not drive it.  It could be a matter of life and death.

Travel safely.

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Posted by: Salvatore J. Zambri, founding partner

Earlier today Toyota announced a global recall of more than 400,000 Prius and other hybrid vehicles due to defects in the braking system of the vehicles. "Toyota President Akio Toyoda used extraordinary language at a press conference here to apologize for quality and safety issues that have led to the recall of more than 7 million vehicles in recent months. He repeated three times that Toyota was neither failure-proof nor 'omnipotent,' and he said that his company would now 'redouble our commitment to quality as the lifeline of our company,'" according to the Washington Post. 

The defect causes delays in the braking capacity of the recalled vehicles while on icy or bumpy roads.  The recall applies to "223,000 hybrids sold in Japan, along with 133,000 Prius cars and 14,500 Lexus HS250h vehicles in the United States. Nearly 53,000 Priuses are also being recalled in Europe. It begins in Japan on Wednesday and in the United States 'as soon as possible,' the company said, and as reported by the Post.

If you own a Toyota that has been recalled, you should stop driving it and get t to a dealer for repair immediately.  To learn more about this recall, visit Toyota's website.

I have blogged about Toyota recalls previously.  To read my previous posts, please select the following links:

•      Toyota, Lexus Owners Make Sudden-Acceleration Complaints
•      Deaths Lead Toyota to Recall Defective Cars
•      Toyota Will Change Accelerators to Avoid Jamming
•      Toyota Suspends Sales of Eight Models

Again, if you own a model affected by the recalls, please have your vehicle inspected.  It could be a matter of life and death.

Travel safely.

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Posted by: Salvatore J. Zambri, founding partner

For the first time in American history, a car manufacturer--Toyota--has told its dealers to stop selling eight of its models due to a potentially dangerous defect.  The models have potentially defective gas pedals (accelerator pedals) that could get stuck, leading to unavoidable car crashes.

The Washington Post (1/27, Mufson, Haynes) reports, Toyota "told its dealers to temporarily stop selling the RAV4, Highlander and Sequoia sport-utility vehicles; Corolla, Camry and Avalon cars; Matrix hatchbacks; and Tundra pickups." The Post notes, "The standstill is a huge setback for a company that built its business largely on a reputation for reliability and which perennially vies with General Motors and Volkswagen for the number one sales ranking among world auto companies." And "it left many loyal Toyota customers worried about safety and confused about what to do, because Toyota isn't sure how to fix the problem."

The New York Times (1/27, A1, Bunkley) reports on its front page, "Toyota said the move was intended to restore confidence in the automaker, and the safety of its products. One analyst said many consumers might have a different reaction." Toyota's "acknowledgement of problems with acceleration pedals reawakens one of the oldest safety issues in the auto industry. Manufacturers have long dismissed that a vehicle can race forward out of the driver's control, contending that the problem takes place when a driver mistakenly pushes the accelerator while trying to hit the brake pedal." The Wall Street Journal (1/27, Linebaugh) also reports the story.

Here's a list of the recalled models:

• 2007-2010 Camry
• 2005-2010 Avalon
• 2004-2009 Prius
• 2005-2010 Tacoma
• 2007-2010 Tundra
• 2007-2010 ES 350
• 2006-2010 IS 250 and IS350

I have blogged about Toyota recalls previously.  To read my previous posts, please select the following links:

•      Toyota, Lexus Owners Make Sudden-Acceleration Complaints
•      Deaths Lead Toyota to Recall Defective Cars
•      Toyota Will Change Accelerators to Avoid Jamming

If you own a model affected by the recall, please have your vehicle inspected.  It could be a matter of life and death.

Travel safely.

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Posted by: Salvatore J. Zambri, founding partner

It's official!  It is illegal for commercial drivers, including truck and bus drivers, to operate vehicles while text-messaging.  "In 2008, nearly 6,000 people died in accidents related to distracted drivers, and more than half-a-million were injured," according to CBSnews.com.  Transportation Secretary Ray LaHood previously announced, "We're gonna set the highest bar possible. ... Any distraction that takes two hands off the wheel and eyes off the windshield should not be allowed."  The law prohibiting text messaging by commercial drivers took effect today.  

I applaud the law, but wonder if it is enough.  The penalty for an infraction is a fine up to  $2,750.  Unfortunately, it is a law difficult to enforce, as it is hard to catch someone driving while texting.  Often, whether a driver was texting while driving is not determined until it's too late--after an automobile collision that causes serious injury or death. 

Each year I give presentations at local schools to teen drivers and their parents about the dangers of distracted driving.  One thing I preach is the need for a cultural change.  Too many parents text and use cell phones while driving.  Their children see this conduct and accept the behavior as safe.  It certainly is not.  Parents need to set better examples.  Passengers also need to take control of dangerous situations.  If you are a passenger and see the driver texting or using a cell phone demand that the driver pull over or stop engaging in distracted driving.  It is your life after all.  Don't risk it.

Travel safely.

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Posted by: Salvatore J. Zambri, founding partner

The National Safety Council (NSC) announced today least 28% of all traffic crashes  (translating into at least 1.6 million crashes per year) are caused by drivers texting or using cell phones.  According to its website, "NSC estimates that 1.4 million crashes each year are caused by drivers using cell phones and a minimum of 200,000 additional crashes each year are caused by drivers who are texting. The announcement came on the one-year anniversary of NSC’s call for a ban on all cell phone use and texting while driving."

It is clear that texting while driving is more dangerous than driving while using a cell phone. However, so far, many more people use the cell phone while driving than text while behind teh wheel.  That is why there are more crashes caused by cell phone use.  However, as the NSC acknowledges, texting while driving has reached crisis levels too.

"This new estimate provides critical data for legislators, business leaders and individuals to evaluate the threat and need for legislation, business policies and personal actions to prevent cell phone use and texting while driving," said Janet Froetscher, president & CEO of the National Safety Council. "There was great progress made in 2009, particularly regarding a broad recognition that texting is dangerous. We now need the same broad consensus that recognizes cell phone use while driving causes even more crashes.” 

Support for laws banning cell phone use while driving is gaining momentum.   I understand the need to be able to communicate.  However, lives are at stake.  Never text while driving.  If you need to use your phone, pull off the road or be sure to at least use your phone in hands-free mode.

Remember, all it takes is a moment of distracted driving to cause a serious, life-altering collision.

Travel safe.

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 Posted by: Salvatore J. Zambri, founding partner

Advocates for Highway and Auto Safety, a nonprofit advocacy group, has rated Virginia one of the worst states in the nation in highway safety, according to the Washington Post.  "This year, Maryland and the District were among the dozen 'green' (relatively safe) states. Thirty others were rated yellow (less safe), and Virginia descended into the red (least safe) zone."

According to the article, the group rates states based upon a wide variety of criteria, including the following factors: "mandatory motorcycle helmets, stricter seat-belt enforcement, open container bans, tougher drunken driving laws. But in the upcoming legislative sessions, it also will push for enforceable bans on text messaging and for graduated licensing for teenage drivers." a

Although no state has all of the safety laws the advocacy group recommends, Virginia lacks some crucial ones, including laws requiring blood-alcohol testing in fatal automobile collisions, banning open containers in vehicles, "mandating use of an ignition locking device that keeps people convicted of drunken driving from driving drunk again, and requiring applicants to be 16 before obtaining a learner's permit."

The District was given the highest national rating by the group, and has nearly all of the safety-laws recommended by the group in effect.  Maryland fairs well in the ranking system, but needs to focus more on "nighttime restrictions on teen drivers, mandatory use of an ignition interlock for all offenders and blood-alcohol testing for drivers who die in accidents, not just those who survive," according to the Post.

Driving laws should be strong oin every state in our country.  The absence of stern laws lead to serious injuries and death.  Encourage your legislators to promote sate driving laws to protect all drivers and pedestrians on or around our community roads.

Travel safely.

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 Posted by: Salvatore J. Zambri, founding partner

In a story appearing on at least 143 news websites, the AP (1/11, Pritchard) reports that recent lab tests have shown "eye-popping levels" of cadmium in children's jewelry. The metal, which has been linked to cancer and weakened kidneys, "is particularly dangerous for children, because growing bodies readily absorb substances, and cadmium accumulates in the kidneys for decades." Recent research has also determined that children exposed to cadmium "were more likely to report learning disabilities," and that it "lowers IQ even more than lead." 

"Just small amounts of chemicals may radically alter development," said Dr. Robert O. Wright, a professor at Harvard University's medical school and school of public health. "I can't even fathom why anyone would allow for even a small amount to be accessible."

MSNBC, reports, "There is no definitive explanation for why children's jewelry manufacturers, virtually all from China in the items tested, are turning to cadmium. But a reasonable double whammy looms: Cadmium prices have plummeted as factories grasp for substitutes now that lead is heavily regulated under the Consumer Product Safety Improvement Act of 2008.

That law set a new, stringent standard for lead in children's products: Only the very smallest amount is permissible — no more than 0.0003 percent of the total content. The statute has led manufacturers to drastically reduce lead in toys and jewelry.

The law also contained the first explicit regulation of cadmium, though the standards are significantly less strict than lead and apply only to painted toys, not jewelry."

According to MSNBC, some of the most dangerously toxic items are "charms sold at Walmart, at the jewelry chain Claire's and at a dollar store. High amounts of cadmium also were detected in 'The Princess and The Frog' movie-themed pendants."

Try to conduct some research before purchasing toys for children.  Even low toxicity levels can cause significant, permanent developmental problems.  Of course, it is difficult, if not impossible at times, to determine how dangerous some products are, so manufacturers need to put people over profits and be sure they products are safe before they enter the marketplace.   Lives are at stake.

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 Posted by: Salvatore J. Zambri, founding partner

PRNewswire-USNewswire reports that "Advocates for Highway and Auto Safety (AHAS) will issue its state-by-state ratings of traffic safety laws" later this month.  And for the first time, the group will analyze restrictions placed on texting while driving--a problem that has reached a crisis level.

In each year over the last ten years, approximately 40,000 Americans were killed and another 2.5 million were injured as a result of  automobile collisions.  That translates into about 110 deaths and 7000 injuries every single day.  Laws vary from state to state, and some laws are simply too weak. 

I represent victims of reckless driving, people who have been tragically injured or killed due to the carelessness of others.  State laws need to harshly punish those who intentional drive without due care for others on the road and those in their cars.  The consequences of reckless driving can be catastrophic.  I see lives and families ruined in a flash because of drunk-driving, texting-while-driving, and other reckless acts behind the wheel.

"The 2010 Roadmap Report on State Highway Safety Laws will grade each state and the District of Columbia on their laws addressing teen driving, distracted driving, drunk driving" and other safety laws, according to the article.  I will participate in the webcast of the report, and will inform you of the results of AHAS's Report Card.  If your state gets a poor grade, fight for change.

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 Posted by: Salvatore J. Zambri, founding partner

Winter is here in full force.  Road conditions get particularly dangerous this time of year.  Accidents and harsh weather conditions can cause drivers to become stranded.  It's a good idea to be sure your car is stocked with supplies that come in handy in emergency situations. Here's a checklist from The Centers for Disease Control and Prevention that you may find useful.

"Car and Emergency Checklist

Prepare your car with emergency supplies.

• Cell phone; portable charger and extra batteries
• Shovel
• Windshield scraper
• Battery-powered radio (and extra batteries)
• Flashlight (and extra batteries)
• Water
• Snack food
• Extra hats, coats, mittens
• Blankets
• Chains or rope
• Tire chains
• Canned compressed air with sealant (emergency tire repair)
• Road salt and sand
• Booster cables
• Emergency flares
• Bright colored flag; help signs
• First aid kit
• Tool kit
• Road maps
• Compass
• Waterproof matches and a can (to melt snow for water)
• Paper towels"

Please be careful when you drive, and try to avoid being on the road during extreme weather.  If caught in an emergency, be prepared.

Safe travels.

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 Posted by: Salvatore J. Zambri, founding partner

All-terrain vehicle are fun, but they can be very dangerous if defective or misused.  According to the Consumer Product Safety Commission, BRP U.S. Inc has recalled several all-terrain vehicles because the "dynamic power steering can fail, resulting in the sudden loss of steering control. This poses a risk of injury or death to riders." 

If you own one of these ATVs, please stop using it immediately, and do not allow anyone access to it.

The following is an itemization of the recalled models:

For additonal information, you can contact BRP toll-free at (888) 638-5397 between 8 a.m. and 6 p.m. ET Monday through Friday, or visit their website: www.can-am.brp.com

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 Posted by: Salvatore J. Zambri, founding partner

Protect children from falling televisions. The AP (12/14) reported, "Studies suggest that the number of children killed or injured by falling television has risen even as more consumers replace their clunky old TVs with lighter flat screens." The CPSC "says more than 80 of the 180 furniture-related deaths from 2000 to 2006 involved televisions. And the number rose over the years."

Here's what you can do:

• place your TV in a location that children cannot reach
• if wall-mounting a TV, have it done professionally, so the TV is secure to the wall
• if in a cabinet, be sure the cabinet is sturdy and cannot tip over
• if on a stand, secure stand to a wall or the ground, and be sure TV is secured to stand

Read instructions carefully if putting together a stand, wall-mount, cabinet, etc.  If parts are missing or damages, don't use product. 

Be safe.

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 Posted by: Salvatore J. Zambri, founding partner

According to the FDA, "Unilever United States, Inc., in cooperation with the U.S. Food and Drug Administration (FDA), is conducting a nationwide voluntary recall of all Slim-Fast® ready-to-drink (RTD) products in cans, due to the possibility of contamination with Bacillus cereus, a micro-organism, which may cause diarrhea and possibly nausea and/or vomiting."

"The recall involves all Slim-Fast® RTD products in cans, regardless of flavor, Best-By date, lot code or UPC number."  Therefore, please do not use any of these products. 

If you have purchased Slim-Fast ready-to-drink products in cans, you are urged to throw them out immediately.  You are also encouraged to contact the company at 1-800-896-9479 for a full refund.

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By Catherine Bertram, Partner                                                     

The Consumer Product Safety Commission (CPSC) recalled more than 50 million Roman-style blinds and roll up blinds due to the risk of strangulation. About five million Roman shades and about three million roll-up blinds are sold each year.

According to the recall notice, "Consumers that have Roman or roll-up shades in their homes should contact the WCSC immediately at www.windowcoverings.org or by calling (800) 506-4636 anytime to receive a free repair kit.  To help prevent child strangulation in window coverings, CPSC and the WCSC urge parents and caregivers to follow these guidelines:

• Examine all shades and blinds in the home. Make sure there are no accessible cords on the front, side, or back of the product. CPSC and the WCSC recommend the use of cordless window coverings in all homes where children live or visit.
• Do not place cribs, beds, and furniture close to the windows because children can climb on them and gain access to the cords.
• Make loose cords inaccessible.
• If the window shade has looped bead chains or nylon cords, install tension devices to keep the cord taut."

NBC Nightly News (12/15, lead story, Williams) reported, "The federal government reached about as far into American homes as they possibly could today and they did it right through the windows. They are also telling all of us it's for our own good. Today they launched one of the largest product recalls in American history."
        CBS Evening News (12/15, story by Couric) reported, "More than 50 million Roman-style shades and rollup blinds are being recalled because their cords can strangle a child. In fact, since 2001, eight children have died after their necks got caught in the cords of these shades and blinds."
        ABC World News (12/15, story by Gibson) reported that the recall "is causing big confusion. Consumers calling the recall hotline today heard an automated message offering repair kits for blinds that are not part of the recall. And the confusion continued at stores."
        In a story appearing on at least 332 news websites, the AP (12/15) reported, "The Consumer Product Safety Commission said five deaths and 16 near-strangulations from Roman shades have been reported since 2006, while three deaths connected to roll-up blinds have been reported since 2001." The commission "and the industry urged parents to examine all shades and blinds in the home and make sure they have no accessible cords." Several major retailers, "including Wal-Mart, JCPenney and Pottery Barn, are also participating in the recall."
        CNNMoney.com (12/15, Yousuf) reported, "CPSC said it is working with the Window Covering Safety Council, an industry trade group, to provide repair kits for Roman shades and roll-up blinds sold at retailers." The repair "will eliminate the cord from the Roman shades and instead provide rings for consumers to install." The Wall Street Journal (12/16, Trottman) also covered the story.

If you or a family member believe that you have a case involving death or injury caused by an unsafe product or the unsafe acts of someone else, please email me or call me directly at 202-822-1875 for a free consultation. 

About the author:

Catherine Bertram is board certified in civil trials and was recently nominated as a 2010 Super Lawyer for Washington, D.C.  Ms. Bertram has 20 years of trial experience. She is a partner with the firm and devotes her practice to the representation of individuals and the  families of loved ones who have been injured or lost due to unsafe devices or the negligence of others.  Ms. Bertram lives with her family in Washington, D.C.   She can be reached by email at cbertram@reganfirm.com or by phone 202-822-1875 in her D.C. office.

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 Posted by: Salvatore J. Zambri, founding partner

The Milwaukee Business Journal (12/10) reported, "Harley-Davidson Inc. is recalling 111,569 motorcycles manufactured from June 6, 2008, through Nov. 19, 2009, because of a threat of gasoline leaking in the event of a frontal collision. The recall affects some 2009 and 2010 touring bikes, including CVO Touring and Trike products, according to information from the National Highway Traffic Safety Administration." The federal agency "said the motorcycles' front fuel tank mounts may distort as a result of a front-end crash, creating the potential for fuel to leak and ignite after a crash."

According to the recall, dealers will make repairs to the motorcycles free-of-charge.  Consumer can call Harley-Davidson at (414) 343-4056 for more information.

This defect is obviously extremely dangerous.  If you own a motorcycle that ha been recalled, please do not use it again until it has been properly repaired or replaced.  I represent many victims of automobile defects, and the consequences of those defects can be devastating.

Please be safe.

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Posted by Catherine Bertram, Partner                                      

According to the Centers for Disease Control, as many as 3.8 million traumatic brain injuries (TBIs) result from sports and recreation activities in the U.S. each year. Of those children, approximately 165,000 require hospitalization.  As a mother with two children who are active in competitive sports it is very concerning to me.  Click here to read a letter from one of clients in the community who had a brain injury as a result of another person's carelessness.

The most frequent causes of TBI are related to:

• car accidents
• falls
• sports related injuries; and
• abuse/assault.

It can be difficult for a parent to diagnose this type of injury as many children do not demonstrate visible impairments after a head injury. The symptoms depend on the extent and location of the brain injury and can vary greatly.

Children who suffered TBI may experience some or all of the following:

• Physical impairments - speech, vision, hearing and other sensory impairment, headaches, lack of fine motor coordination, spasticity of muscles, paresis or paralysis of one or both sides and seizure disorders,balance, and other gait impairments.
   
• Cognitive impairments - short- and long-term memory deficits, impaired concentration, slowness of thinking, and limited attention span, as well as impairments of perception, communication, reading and writing skills, planning, sequencing, and judgement.
   
• Psychosocial-behavioral-emotional impairments - fatigue, mood swings, denial, self-centeredness,anxiety, depression, lowered self-esteem, sexual dysfunction, restlessness, lack of motivation, inability to self-monitor, difficulty with emotional control, inability to cope, agitation, excessive laughing or crying, and difficulty relating to others.

There is a free guideline available for parents and care providers that provides more details about what your child may experience with TBI.    The U.S. Department of Health and Human Services also has a Traumatic Brain Injury program for families that may lead you to local state based resources for assistance. 

Having a child with this diagnosis is stressful both emotionally and financially for the entire family.   If you believe that your child's injury was the result of unsafe choices or conduct of others feel free to call and discuss the situation with me.   We have experience with these types of cases and understand the legal and medical issues as well as the family struggles.    For free information about your legal rights, please email me at cbertram@reganfirm.com or call me directly at 202-833-1875.

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  Posted by: Salvatore J. Zambri, founding partner

All too often, employers consider profits over people, allowing their job sites to fall short of applicable safety standards, endangering American workers.   There are strict federal and local laws in place that govern workplace safety.  Unfortunately, these laws are often ignored and poorly enforced.  As a result, workers are killed or otherwise seriously injured every day.

Please take a look at a video that you can view by clicking here.  It  dramatically explains how workers are needlessly killed or injured as a result of preventable incidents.

There are workers'-compensation laws in every state that provide benefits to injured workers.  My office handles those kinds of claims routinely.  However, those laws do not make the workplace safer, which should be the primary goal.  Employers need to create safe work environments so that deaths and serious injuries can be avoided in the first place.  If they fail to adhere to the laws governing safe work environments, they should be shut down.  It's a matter of life and death.

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Posted by Catherine Bertram                                                  

The Consumer Product Safety Commission (CPSC) announced the recall of about 24,000 baby hammocks following the deaths of two infants. According to the CPSC, babies can become trapped and could suffocate against the sides of the mesh and fabric Amby Baby Motion Beds. The beds are made by Amby Baby USA.  The recall covers one model of the bed sold online and at other retailers since 2003. The hammock-like beds were marketed to parents of fussy babies with colic or reflux.

The Consumer Product Safety Commission reported that the side-to-side shifting or tilting of the hammock can cause an infant to roll and become trapped or wedged against the hammock's fabric or mattress pad, posing a suffocation risk.

While consumers can request a repair kit from the company, according to the Amby Baby's website, the kit will be available "soon as possible, but not earlier than January 2010."  Of course, parents should not use the hammock in the meantime.

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

• New mattress safety standard prevents bed fires
• Dangers of stove-tipping
• Driveway and parking lot injuries to children

If you or a family member believe that you have a case involving death or injury caused by an unsafe product or the unsafe acts of someone else, please contact email me or call me directly at 202-822-1875 for a free consultation. 

About the author:

Catherine Bertram is board certified in civil trials and was recently nominated as a 2010 Super Lawyer for Washington, D.C.  Ms. Bertram has 20 years of trial experience. She is a partner with the firm and devotes her practice to the representation of individuals and the  families of loved ones who have been injured or lost due to unsafe devices or the negligence of others.  Ms. Bertram lives with her family in Washington, D.C.   She can be reached by email at cbertram@reganfirm.com or by phone 202-822-1875 in her D.C. office.

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Posted by Catherine Bertram                                                   

Of the Washington metropolitan area’s 351 total traffic fatalities last year, 33% (116) of these roadway deaths were alcohol and or drug-related.  The Washington Regional Alcohol Program's annual effort to keep our community's streets safer throughout the holiday season starts today.   The Holiday SoberRide program provides free taxi rids home throughout the DC metro area from 10 p.m through 6 a.m.  The program ends at 6 a.m. on New Year's Day.  People 21 and over should call 800-200-8294 or press #8294 from an AT&T wireless phone.  

The statistic is shocking, 116 deaths in our community last year as a result of drunk or impaired driving.   We need to do everything we can to educate people about the dangers and the safe alternatives.

Our firm has significant experience representing families who have lost loved ones and individuals who suffered life altering injuries as a result of drunk or impaired drivers.   For information about your legal rights, please email Catherine Bertram at cbertram@reganfirm.com or call Ms. Bertram directly at 202-833-1875.

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 Posted by: Salvatore J. Zambri, founding partner

The Houston Chronicle reported that the National Transportation Safety Board (NTSB) has "called for tighter oversight of the passenger bus industry in the wake of a fatal Jan. 2, 2008, crash that killed a passenger after the driver fell asleep at the wheel." The NTSB "urged other federal agencies, namely the National Highway Traffic Safety Administration, the Federal Motor Coach Safety Administration and U.S. Customs and Border Patrol, to better coordinate efforts to root out buses and other coaches that don't meet U.S. safety standards."

Under Department of Transportation regulations, carriers are required to ensure their drivers are fully qualified. Before stepping onto a bus or motor coach, do some research.  Here are some questions any company should answer without hesitation, or you should reconsider using that company's services:

Ask the carrier:

• Will the driver of the vehicle possess a current Commercial Driver's License with a "passenger" endorsement?
• Will the driver hold a valid medical certificate?
• Does the company have a driver drug and alcohol testing program that complies with DOT regulations?

And here's some additional useful information from the Federal Motor Carrier Safety Administration:

"Ask for the carrier's USDOT identification number and its MC number. The MC number represents interstate operating authority issued by the Federal Motor Carrier Safety Administration (FMCSA). Using the MC number, you may obtain insurance information about the carrier on the Internet at http://li-public.fmcsa.dot.gov. Using the U.S. DOT identification number, you may obtain safety information about the carrier on the Internet or by calling (703) 280-4001. If you have a regulatory question, please call (202) 366-6121.

This information is also available on the Internet at http://safer.fmcsa.dot.gov ."

About 63,000 buses are involved in traffic crashes each year, resulting in approximately 325 deaths and 14,000 non-fatal injuries. As a lawyer who dedicates his practice to representing victims of carelessness, including people who have been injured as a result of mass transit collisions, I know first-hand how important it is to increase oversight of the industry.  By not adhering to federal and local regulations, company's place passengers and others on the roadway in serious peril.  Urge your legislators to take this matter seriously.

Travel safely.

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Posted by Catherine D. Bertram, Partner                                          

There have been some tragic cases where pedestrians have their lives in D.C. lately.  The question we all ask is how safe it is to walk in our city?   Unfortunately, the answer is not so safe  when compared to other major metropolitan areas across the country.   In a study recently published by Transportation for America, the DC metro area was ranked 32 out of 52 in terms of safety for walkers.  

In 2008, the DC Department of Transportation announced a five-year plan to improve pedestrian safety, specifically targeting 61 "high hazard" traffic intersections.  The plan including adjusting the timing of traffic signals and make markings on the crosswalks clearer. According to the Washington Post, the 30 intersections that were ranked as the most dangerous for pedestrians from 2004 to 2006.

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 Posted by: Salvatore J. Zambri, founding partner

I have been posting a lot about toy safety recently, and I began to think that it would be useful to put together a list of some good websites where you can go to learn more about toy safety.  The Consumer Product Safety Commission (CPSC) is a federal agency that publishes product recalls and permits consumers to lodge complaints about unsafe toys.  A list of recalled toys can also be found at www.Recalls.gov.

In addition to government sites, there are several private entities that track product defects and test for product safety.  Here are some examples:

• HealthyStuff.Org
• GoodGuide
• U.S. PIRG
• W.A.T.C.H. (World Against Toys Causing Harm)

Obviously, no governmental or private entity can inspect all toys.  Therefore, manufacturers must take all steps necessary to be sure their products are safe before they are pushed into the marketplace for profit.  Companies must put people over profits.

When purchasing toys, please remember:

• children should not be given toys intended for older people
• beware of toys with small parts that can be swallowed
• beware of toys that have sharp edges
• beware of toys that emit heat
• be sure toys do not have missing or damaged parts

We wish you a safe and happy holiday season.

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 Posted by: Salvatore J. Zambri, founding partner                                           

The AP reported, "Two infant deaths have led to the recall of about 24,000 Amby Baby Motion Beds -- hammocklike beds marketed to parents of fussy babies with colic or reflux. The Consumer Product Safety Commission said Tuesday that the side-to-side shifting or tilting of the hammock can cause an infant to roll and become trapped or wedged against the hammock's fabric or mattress pad, posing a suffocation risk." According to the manufacturer's website, Amby indicates that it plans to offer a free repair kit, 'but not earlier than January 2010.'"

CNNMoney.com reported that the Consumer Product Safety Commission (CPSC) "said Amby Baby is aware that the bed caused the death of a 4-month old girl in Lawrenceville, Ga. and a 5-month-old boy in Gresham, Ore. this summer."

This recall is the latest in a string of baby beds and cribs that have been recalled this year alone.  I was recently asked by FOX TV to give an interview about crib/baby-bed defects.  Some important things I urge you to remember:

• don't put together a bed with missing or broken parts
• periodically inspect the crib/bed for bending, breaking, etc.
• check the manufacturer's website, as well as the CPSC's website for recalls or consumer complaints
• if experiencing a problem with the crib/bed, stop using it immediately

If you have any questions at all, please don't hesitate to contact me.

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Posted by Catherine D. Bertram, Partner                                             

As the holidays draw closer, there are news stories and articles about unsafe toys which raise potential risks for lead poisoning for our community's children.   Of all the safety hazards for young children, this is one of the most preventable kinds.   Tragically, almost 1 million children in the United States have elevated levels of lead in their blood.   Below, I have summarized points from the American Academy of Pediatrics regarding lead screening for children.  Click here for the entire fact sheet.

How can children be exposed to too much lead? 

• Children less than 6, can be exposed if they get lead dust from old paint on their hands or toys and then put their hands in their mouths;
• Breathe lead dust from old paint;
• Eat old paint chips from paint that contained lead;
• Drink water from pipes lined with lead.

If you are renting in DC, you can click here to learn more about your rights to a lead free living space.

Once the lead enters to the child's body, it travels through the blood stream and can be stored in the bones.   Very high levels of lead can cause problems such as,

• Developmental delays
• Hearing loss
• Seizures and coma
• Kidney problems
• Anemia
• Growth problems

In some cases where the child ingests a large amount, you may see immediate vomiting, headaches, stomach pain or weakness.  If you see these sudden changes get the child medical help immediately and explain what the child may have been exposed to.

Most children with high lead levels do not show obvious signs until they reach school age. It may show up and be mistaken for learning disabilities or behavioral problems when it is really the lead.

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Posted by: Salvatore J. Zambri, Esquire

The National Highway Traffic Safety Administration records complaints and, according to the AP report, Jeff Bartlett, deputy online automotive editor at Consumer Reports, remarks that "this is a very real problem."

Earlier this year, Toyota recalled approximately 4.26 million vehicles following some crashes that killed operators and passengers of their vehicles. Toyota claims to be taking corrective action.  The AP report notes, "A Los Angeles Times review found that 19 people have died in sudden acceleration accidents involving Toyota vehicles since the 2002 model year, more than all other automakers combined. In addition, the Times found that complaints of sudden acceleration increased dramatically after the automaker began replacing mechanical throttles with electronic throttle systems in the 2002 model year." Obviously, others have been serious injured.

We hope that Toyota gets to the bottom of its product defect swiftly so that no other person is exposed to the serious danger it presents.  If you own a Toyota, we encourage you to get your vehicle inspected, especially if you have encountered a sudden acceleration or other unusual problem.

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By Catherine D. Bertram, Partner

According to the New York Times article, by Matt Richtel, a victim's family has sued the wireless company after they lost their mother when she was killed by a driver using his cellphone.  The driver of the other vehicle, reportedly admitted that he was distracted by a cell phone call when he ran a red light and struck the other vehicle killing Ms. Doyle. 

Mr. Hill, who pleaded guilty to negligence homicide, a misdemeanor in Oklahoma, said he was not aware of the education efforts of wireless companies.   

The lawsuit is filed in Oklahoma.  According to the Times article, this is one of a handful of such cases.  According to Kenneth A. Bamberger, a professor at Berkeley School of Law, these cases are compelling because they address the ultimate issue of whether companies who profit from devices should also have responsibility to educate on the safe use of such devices and whether these same companies should contribute to minimizing the risk of use of these same devices.

 Our firm has extensive experience litigating cases involving distracted and dangerous drivers, including automobile accidents.   We know how devastating these injuries can be for the victim and the entire family. 

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The new legislation was long overdue, and it has already made a meaningful impact.  Just consider the risks.  Only one dose of lead can cause a child to suffer permanent physical and mental deficits.  It can even be fatal.  Loud noises can cause permanent hearing loss, often gradually and without pain, making the hazard difficult to detect.  And small parts on toys are obvious choking hazards, yet many products still fail to include proper warning labels.

When purchasing toys, choose wisely.  Happy holidays.

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Posted by: Salvatore J. Zambri, Esquire

The end-of-year holiday season is a joyous time of the year for most people.  Unfortunately, tragic things inevitable happen to some people each year.  We wish you a peaceful, happy, and safe holiday season.  With that in mind, please keep these helpful hints in mind as you celebrate.

1)  If placing a Christmas tree in your home, be sure it is not near a used fireplace, by a vent, or next to any other heat source.

2)  Be sure all light strands are intact, without wire fray.

3)  Never drive after drinking alcohol.

4)  Never get in a car when the driver has had alcoholic drinks.

5)  Question the driver of a car before getting in a vehicle to be sure the driver has had no alcoholic beverages.

6)  Shut lights off before going to bed.

7)  Be sure fire in fireplace has been completely put out before going to bed.

For more holiday safety tips, go to the U.S. Fire Administration's website by clicking here.

Have a very happy holiday season!

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Posted by: Salvatore J. Zambri, Esquire

CNNMoney.com reports that the Consumer Product Safety Commission (CPSC) recently recalled 2.1 million cribs, citing defective hardware that can cause children to suffocate. The federal agency "said parents should immediately stop using Stork Craft drop-side cribs, which are made by Stork Craft Manufacturing Inc., of British Columbia, Canada," according to the report.  The recall includes about 150,000 Stork Craft drop-side cribs that have a Fisher-Price logo on them, announced the CPSC.

The CPSC has warned that the cribs' drop-side can become detached unexpectedly, creating a gap between the crib wall and the mattress, in which a child can get trapped and either fall or suffocate. The report indicates that there "have been 110 documented incidents of drop-side detachment, including 67 in the United States and 43 in Canada. Among those, four resulted in suffocation and 20 resulted in falls that caused injuries ranging from concussion to bumps and bruises."

This is the second time cribs manufactured by Stork Craft have been recalled.  Earlier this year,  535,000 were recalled due to safety concerns.

Many retailers sold the recalled cribs, including: BJ's Wholesale Club, J.C. Penney, Kmart, Meijer, Sears (SHLD, Fortune 500), USA Baby, and Wal-Mart (WMT, Fortune 500) stores and online at Amazon.com (AMZN, Fortune 500), Babiesrus.com, Costco.com, Target.com (TGT, Fortune 500), and Walmart.com from January 1993 through October 2009.

Please do not use these cribs.  If you have one in your home, disassemble it immediately. 

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Posted by: Salvatore J. Zambri, Esquire

A Virginia jury just recently awarded $8 million in damages to a woman who suffered severe injuries as a result of being struck by a bus owned by the GRTC Transit System.  The plaintiff now suffered significant chronic pain as a consequence of serious injuries to her spine and shoulder, as well multiple fractures to her hip and pelvis.  Although the jury awarded what it believed was fair, the injured victim of the bus company's negligence will be forced to endure a lifetime of pain and suffering, and will be plagued with physical restrictions forever.

I have represented many people who have been hit by bus and truck operators who have failed to pay attention while operating their large vehicle, altering the lives of innocent people forever.  We encourage employers to carefully screen their employees, so that only good drivers are behind the wheel of such dangerous automobiles.  Employers should continue to test and train their employees throughout their tenure on the job as well. In addition, operators should be given incentives to drive carefully.  People should always be put before profits.

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Posted by: Salvatore J. Zambri, Esquire

The website of KSL-TV of Salt Lake City reports that more than 640,000 pacifiers have been recalled because they pose potentially fatal choking hazards.  According to the report, "The U.S. Consumer Product Safety Commission announced on Wednesday a voluntary recall of 641,000 'Bobby Chupete' pacifiers." The government "says there is a choking hazard because the pacifiers' mouth guards are too small."

These pacifiers are made in China and imported by Grand World Inc., of Maspeth, N.Y.  To learn more about the recall, please click here.

We urge our readers to immediately stop using these pacifiers and to take them away from children.  Do not leave them in any place where they can be obtained by children either.

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Posted by: Salvatore J. Zambri, Esquire

Teens and their parents are texting fanatics.  That's what a recent study shows.  And it's getting worse.

A report by the Pew Research Center's Internet & American Life Project indicates that one out of four (25%) of American cellphone-owning teens ages 16 to 17 text while driving, and "almost half of Americans ages 12 to 17 say they've been in cars with someone who texted while behind the wheel," according to a Washington Post report.

Not surprisingly, the National Highway Traffic Safety Administration has announced that the rate of distracted-driving deaths is highest among drivers below 20 years old.  According to the Post report, "The administration said that 5,870 people died and about 515,000 were injured last year in accidents attributed to distracted driving. Twice as many fatalities, 11,773, were attributed to drunken driving."

Of course, the actual number of accidents caused by texting is likely much higher than what is reported since it is much harder to detect whether someone was texting at the time of the collision.

We need tougher laws that meaningfully punish those who make conscious decisions to distract themselves while placing their own lives and the lives of other in great danger. Tougher laws will also deter would-be texters from doing so behind the wheel.  And parents need to set better examples. If your child sees you text (or use your hand-held phone, or eat) while driving, then he or she will believe it is fine to act so selfishly and dangerously.

Here' s a link to a graphic public service video shown in Britain.  It shows a terrible car crash. The at-fault driver was texting, got distracted, and killed someone.  This video has been widely viewed on the internet, but it has had little impact on teen driving habits. 

I hope teens, and Americans of all ages, learn quickly how dangerous it is to drive while being distracted.  If they don't, more tragic deaths and serious injuries will result.

We encourage our readers to be active in your community to foster change.  Your voices are strong.  Be heard.  Educate your children and fight for tougher laws so that our American roadways can be safer for all people.

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Posted by: Salvatore J. Zambri, Esquire

We believe that it is important for Toyota to make the accelerator pedals as safe as possible.  A stuck accelerator on one car is a serious defect on one car too many, as the lives of those in the car, others driving, and nearby pedestrians are at stake.  The goal should always be to put people over profits.  We are pleased that safety modifications will be made.

To read another of my blog's about a Toyota recall, please click here.

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The U.S. Consumer Product Safety Commission (CPSC) announced a recall of approximately 610,000 Halloween flashlights due to a burn hazard.  Consumers are advised to stop using the product immediately and return it to any Target store for a complete refund.  We have reproduced the CPSC recall notice in its entirety for our readers.

NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs Washington, DC 20207

FOR IMMEDIATE RELEASE
October 28, 2009
Release # 10-026 Firm's Recall Hotline: (800) 440-0680
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
Halloween Flashlights Sold Exclusively at Target Recalled Due to Burn Hazard

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.

Name of Product: Halloween Flashlights

Units: About 610,000

Importer: Target, of Minneapolis, Minn.

Manufacturer: DGI LLC, of Warren, N.J. and Tien Hsing, of Wanchai, Hong Kong

Hazard: The flashlights can overheat and melt, posing a burn hazard to consumers.

Incidents/Injuries: The firm has received eight reports of flashlights overheating and melting, including one report of burns to the hand.

Description: This recall involves two types of Halloween-themed flashlights: the mini flashlights and flashlights sold with stencils.

Mini Flashlights - The mini flashlights have a key ring extending from the bottom and were sold in a pack of three colors: orange, green and black. The orange and purple packaging has “Mini Flashlights (3 Pack)” printed on the front and “DGI”, “Made in China” and “DPCI# 234-02-1813” printed on the back.

Standard Size Flashlights - Also included in the recall are standard sized flashlights with a black handle and an orange top. The flashlights were sold with six stencils in various colors and images: a pumpkin, ghost, spider, cat, witch and skull & cross-bones. “Flashlight with Stencil” is printed on the front and “Tien Hsing,” “Made in China” and ”234 02 1838” is printed on the back of the packaging.

Sold exclusively at: Target stores nationwide from August 2009 through September 2009 for $1 for the mini flashlights and $2.50 for the flashlights with stencils.

Manufactured in: China

Remedy: Consumer should immediately stop using the flashlights and return the product to any Target store for a full refund.

Consumer Contact: For additional information, contact Target at (800) 440-0680 between 7 a.m. and 6 p.m. CT Monday through Friday, or visit the firm’s Web site at www.target.com
Picture of Recalled Halloween Mini Flashlights Picture of Recalled Halloween Standard Size Flashlight

---

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 https://www.cpsc.gov/cgibin/incident.aspx

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (301) 595-7054. To join a CPSC e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC's Web site at www.cpsc.gov.

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Posted by: Salvatore J. Zambri, Esquire

Product recalls or warnings take place every day in this country.  They relate to drugs that cause initially unexpected health problems, cars that have faulty systems that endanger lives, foods that have been found to be contaminated, etc.  What may surprise you, though, is how often companies know about dangers, but do nothing to protect the public so as to maximize profits.

The American Association for Justice has published a report that contains true stories about corporations that despite knowing about their products dangers, nevertheless continued to market them in an effort to pad profits.  Here are some examples, according to the publication:

"• A company that discovers its medical device is little more than a bomb
waiting to go off in people's hearts... and decides not to tell anyone.
• A pharmaceutical company that discovers that its drug causes severe side
effects in pediatric patients... and then spends hundreds of millions of
dollars marketing to children.
• A company that discovers its bulletproof vests are defective... and then sells
them anyway to be worn by law enforcement, the military, and the President
of the United States.
• A company that discovers rodent droppings are contaminating its food
products... and then orders them re-cooked and sold anyway.
• A car company that discovers that if it does not spend $11 per car to fix a
defect, hundreds of people will be horribly burned... and decides it would be
cheaper to let them burn."

The report notes that these stories are not isolated. Such corporate continues in America today, just as it has for decades past.  One might wonder how it was determined that the companies acted so egregiously.  How were Americans ultimately protected from such greed?  The civil justice system.  Injured victims went to attorneys who did the hard work necessary to go up against the Goliath corporations to unearth their wrongdoing.  As a result, changes were made, and people were no longer exposed to the dangers.

I am proud to be an attorney that specializes in personal injury matters, including product liability claims.  It is very gratifying to be able to help innocent people who have been terribly injured as a result of corporate greed.  Not only am I able to help the individual client, but the changes that come about as a result of our work protect Americans everywhere.  Hopefully, corporations will learn that putting profits over people is a bad business plan.

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Posted by: Salvatore J. Zambri, Esquire

Halloween is fun--one of the best days of the year for many kids and families.  All too often, though, kids are seriously injured while "trick or treating".  I urge you to take reasonable precautions so that the day can be remembered as a joyous one.

The U.S. Consumer Product Safety Commission has published some safety tips that, if followed, can protect children during the holiday festivities.

"Treats: Warn children not to eat any treats before an adult has carefully examined them for evidence of tampering.

Flame Resistant Costumes: When purchasing a costume, masks, beards, and wigs, look for the label Flame Resistant. Although this label does not mean these items won't catch fire, it does indicate the items will resist burning and should extinguish quickly once removed from the ignition source. To minimize the risk of contact with candles or other sources of ignition, avoid costumes made with flimsy materials and outfits with big, baggy sleeves or billowing skirts.

Costume Designs: Purchase or make costumes that are light and bright enough to be clearly visible to motorists.

• For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks should also be light colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle, and sporting goods stores.
• To easily see and be seen, children should also carry flashlights.
• Costumes should be short enough to prevent children from tripping and falling.
• Children should wear well-fitting, sturdy shoes . Mother' s high heels are not a good idea for safe walking.
• Hats and scarfs should be tied securely to prevent them from slipping over children's eyes.
• Apply a natural mask of cosmetics rather than have a child wear a loose-fitting mask that might restrict breathing or obscure vision. If a mask is used, however, make sure it fits securely and has eyeholes large enough to allow full vision.
• Swords, knives, and similar costume accessories should be of soft and flexible material.

Pedestrian Safety: Young children should always be accompanied by an adult or an older, responsible child. All children should WALK, not run from house to house and use the sidewalk if available, rather than walk in the street. Children should be cautioned against running out from between parked cars, or across lawns and yards where ornaments, furniture, or clotheslines present dangers.

Choosing Safe Houses: Children should go only to homes where the residents are known and have outside lights on as a sign of welcome.

• Children should not enter homes or apartments unless they are accompanied by an adult.
• People expecting trick-or-treaters should remove anything that could be an obstacle from lawns, steps and porches. Candlelit jack-o'-lanterns should be kept away from landings and doorsteps where costumes could brush against the flame. Indoor jack-o'-lanterns should be kept away from curtains, decorations, and other furnishings that could be ignited."

If you have further questions about product safety, you can call the U.S . Consumer Product Safety Commission's toll-free hotline on (800) 638-2772.  If hearing impaired, you may use TTY (301) 595-7054.

All of us at RZL wish you a safe and happy holiday.

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In recent years, Halloween has jumped to the top of many lists as one of the most dangerous nights for children to be out.  Several common sense tips and guidelines help create a safer environment for Trick-or-Treaters. 

• Treats: Don't munch candy before returning home.  All treats should be carefully examined by an adult before children eat them.
• Costumes: Age-appropriate designs for costumes should focus on visibility, easy movement, flame resistance.  Reflective tape is a good addition to any costume.
• Flashlights: Carrying flashlights helps to see and be seen.
• Pedestrian Safety: Young children should be accompanied by an older responsible person, walk instead of run from house to house, use sidewalks when present, and avoid running between parked cars.
• Choose Safe Homes: Visit only homes that have welcoming outside lights, but don't go inside.
• Trick or Treat Hours: Check and follow local rules for allowable times.

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Over the last year, the American Association for Justice (AAJ) has fought to reverse the Bush administration's legacy of complete immunity preemption, pushed to end forced arbitration and advanced the rights of all Americans to hold wrongdoers accountable. This highlights video shows AAJ's accomplishments in promoting the civil justice system as shown in the media.

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Posted by: Salvatore J. Zambri, Esquire

Washington Post Staff Writer Martin Weil reports that the police have confirmed that an "81-year-old man was killed Saturday while walking a dog in Arlington County when he was struck by a truck operated by a woman learning to drive." The victim was Marco Amoni, "a self-made small businessman and entrepreneur, " who "was born in Italy and moved to the United States in 1951." He was retired and moved from Long Island New York to Arlington to be with his children and grandchildren.  We was a devoted husband and doting father and grandfather, according to his son-in-law.

According to the report, Mr. Amoni was walking his dog when a 21-year-old woman "drove over an embankment" in a parking lot, struck Mr. Amoni, and then drove her truck into a house.  In my profession, I learn of tragic events every day--people who are needlessly killed or seriously injured as a result of another person's carelessness.  Mr. Amoni's death gets me thinking about my grandfather, who came from Italy, moved to Long Island, and worked hard to build a life for him and his family.  My grandfather died as a result of medical negligence with much life left to live.  It was a difficult time for my family.  We wish the Amoni family peace.

Operators of vehicles must recognize that driving a truck or car is the same as operating a deadly weapon.  Too many deaths occur each year in America as a result of reckless driving. 

To learn about the National Safety Council's defensive driving course, please click here.

Please drive safely.

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Posted by: Salvatore J. Zambri, Esquire

National Fire Protection Week is officially from October 4 through October 10, 2009, according to the National Fire Protection Association (NFPA).  It is a great time to think about fire prevention and protection, but these issues demand year-round focus.

One of NFPA's slogans is "Stay Fire Smart! Don’t Get Burned".  It is to the point and worth remembering.  The association gives the following simple examples of how to be "fire smart": testing the water before putting a child in the bath and  wearing short or close-fitting sleeves when cooking on the stove-top.

For more information about fire prevention and protection, please visit the NFPA website by clicking here.

I have represented many people who have been seriously injured or killed as a result of fires caused by the recklessness of others, including property owners and managers, as well as the negligence of manufacturers of defective products.  We encourage property owners and managers to be sure their fire alarm and smoke detector systems are in excellent working condition.  It's a matter of life and death.

Be safe. 

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Martin Weil of the Washington Post reports that a "woman was struck by a Metrobus and critically injured Monday night in the Trinidad area of Northeast Washington," according to WMATA authorities.  The report states that the woman is alive, but in critical condition after having been transported to Washington Hospital Center.

According to the report, a Metro spokesperson said that "the woman had just gotten off the D-8 Metrobus on Mount Olivet Road NE, between Trinidad and Montello avenues. She apparently crossed in front of that bus and then was struck about 6:30 p.m. by another Metrobus traveling in the same direction."

This incident is one in a string of incidents involving Metro buses this year.  We hope that the injured woman makes a speedy and full recovery. 

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"It shows that the federal government is taking the lead," LaHood said. "This is a big deal."

The District and 18 states, including Maryland and Virginia, have banned texting while driving to different degrees.  It is great to learn that the President is taking this issue seriously and is beginning the process of making it a crime everywhere to drive while texting.  As I mentioned in a recent blog, texting while driving is increasing and is extremely dangerous.  If the federal and local governments don't act quickly, lives will be lost and others will be seriously and permanently injured.

Please drive safely.

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Posted by: Salvatore J. Zambri, Esquire

According to an AP report, "Toyota Motor Corp. said Tuesday it will recall 3.8 million vehicles in the United States, the company's largest-ever U.S. recall, to address problems with a removable floor mat that could cause accelerators to get stuck and lead to a crash." The auto-manufacturer said it was "still working with officials with the National Highway Traffic Safety Administration (NHSA) to find a remedy to fix the problem and said owners could be notified about the recall as early as next week." The NHTSA said it "had received reports of 102 incidents in which the accelerator may have become stuck on the Toyota vehicles involved."   

Forbes reported that this recall "followed a horrific crash last month in San Diego in which a mat was suspected of snagging a gas pedal on a runaway Lexus, ending with a fiery crash that killed four family members. A minute before the crash, the driver called police to say the car had no brakes and the accelerator was stuck. The runaway car was doing more than 120 mph when it hit a sport-utility vehicle, launched off an embankment, rolled several times and burst into flames."

Other recent stories about the recall can be found at Bloomberg News, the Wall Street Journal, and USA Today.

I represent many victims of product defects.  Dangerous products can cause serious and sometimes fatal injuries.  We encourage manufacturers to take the time necessary to properly and fully evaluate their products before they are placed into the market.  Public safety must trump profits.

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Lon Anderson, a spokesman for AAA, remarked,  "We have an epidemic of distracted driving out there."  According to the Post report, "AAA recently studied the habits of Beltway drivers in Virginia, the group found that more than half of drivers used their cell phones on Interstate 495 every day, and a quarter of them send or receive text messages daily."

Texting while driving is currently illegal in both the District of Columbia and the Commonwealth of Virginia.  Maryland's ban will take effect this Thursday.   It should be illegal in every state in the country.  Thankfully, the federal government is considering taking steps to make it a crime to text and drive in any of the 50 American states.  The faster the government takes action, the better.  Lives are at stake.

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Posted by: Salvatore J. Zambri, Esquire

According to James Hohmann of the Washington Post, WMATA "officials are preparing to install video cameras on an unspecified number of rail cars, the first step in what could become a systemwide surveillance network that officials say will help them better manage crowds and investigate criminal activity."  This will be paid for through a grant from the Department of Homeland Security.  Some of the $27.8 million in grants will be also used to put more cameras on buses.

"[T]here's a lot of good information the cameras can capture," Metro Transit Police Deputy Chief Jeff Delinski said. I agree with Mr. Delinski.  Not only will it capture criminal activity, but it will also capture negligent conduct.  By having cameras on buses, the circumstances that give rise to accidents will be more readily determined.

I recently represented a woman who was struck by a car that sped through a crosswalk.  There was a bus next to the car that had stopped for pedestrians.  I tracked down the bus company and determined that it had a camera on-board.  The camera captured the movement of the car that struck my client.  It proved to be powerful evidence in the case. 

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Posted by: Salvatore J. Zambri, Esquire

Ashley Halsey III of the Washington Post reports that AAA has announced that our area is experiencing an "alarming increase" in hit-and-run accidents.  This public statement follows two such incidents last week -- one that killed a pedestrian and another that critically injured a cyclist.

The report goes on to state that "AAA Mid-Atlantic said that after 44 fatal hit-and-run accidents in Virginia and Maryland last year, the anecdotal evidence suggests that the number has increased in 2009, keeping pace with a national trend that saw 1,500 such cases last year, the majority of them involving pedestrians."

Car and truck accidents can be deadly.  Drivers need to appreciate that they are operating machinery that, when not careful, can be deadly weapons.  Unfortunately, far too many drivers operate their vehicles recklessly, causing serious and sometimes fatal consequences.  We encourage our readers to be sure they have sufficient uninsured/under-insured motorist coverage on their automobile policies.  This coverage allows victims to receive fair compensation in the event they are injured by a hit-and-run driver or a driver with limited insurance coverage.

To learn more about uninsured and under-insured motorist coverage, please contact Mr. Zambri at 202-822-1899 or email him at szambri@reganfirm.com.

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As a new school year gets underway, President Obama launched a major back-to-school campaign today aimed at keeping kids in the classroom. The U.S. Consumer Product Safety Commission's (CPSC) new Chairman Inez Tenenbaum carried the President's message to South Carolina where she met with students and faculty at Rosewood Elementary School in Columbia.

Tenenbaum, a former South Carolina State Superintendent of Education, brings a strong focus to CPSC on educating and informing children and consumers across the nation about product safety. She released CPSC's "Back to School Safety Checklist" and urged parents and schools to use it to create a safer school environment for children.

"It just takes a moment for a child to be seriously injured or even killed riding a bicycle, playing on the playground, using a movable soccer goal, wearing a jacket with a drawstring or by a recalled product," said Tenenbaum. "Let's keep kids in the classroom and out of the emergency room. Parents and school officials should make it a priority to check for hazards at home and at school."

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According to the report, the long-time Metro employee "was working with a crew replacing cross ties when he was hit by a ballast regulator, a piece of equipment that rides on the rails, Metro spokeswoman Lisa Farbstein said early Monday. The equipment deposits and spreads the stone or gravel known as ballast upon which the cross ties and rails rest, particularly in outdoor parts of the system. The ballast provides drainage and stability."

The cause of the incident that took the life of the employee is not presently clear, although an investigation is underway.  When incidents like this take place, the family is entitled to certain death benefits pursuant to the Workers' Compensation Act, but other benefits may be available as well depending on what persons or entities are at fault for the occurrence. 

This is a very difficult time for the the family of the wonderful man that died prematurely.  Our thoughts and prayers are with them.

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Posted by: Salvatore J. Zambri, Esquire

The National Transportation Safety Board's (NTSB) investigation of last month's deadly Metro crash prompted the board to conclude that WMATA's electrical system is insufficient.  The Board has "urged the transit agency to add a real-time, continuous backup that would alert train operators to potential problems and stop trains when necessary," according to a Washington Post report by Lena Sun.

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Posted by: Salvatore Zambri, Esquire

Congressional hearings took place yesterday that were focused on multiple reports that found that the Environmental Protection Agency (EPA) regulates tap-water more carefully than the Food and Drug Administration (FDA) does bottled water.  According to the Wall Street Journal (7/9, Zhang), "The Food and Drug Administration, which oversees the $11.2 billion" bottled water industry, "doesn't keep track of companies that produce bottled water and doesn't require companies to report positive tests for contaminants, federal officials told a House hearing Wednesday. Consumer advocates testified before the Energy and Commerce Committee's oversight and investigations panel that bottlers should be required to disclose more information to consumers."

The report further noted that Joshua M. Sharfstein, FDA Principal Deputy Commissioner, "testified that the agency regulates bottled water as a food and doesn't know which companies among registered food firms make bottled water. Moreover, he said, the FDA has limited power to require more information on labels, and he put in a pitch for legislation that would boost the FDA's funding and authority for food safety."  A similar report can be found in the New York Times (7/9, Fuller).

Unfortunately, the FDA does not have the resources to adequately evaluate the safety of medicines and products.  An FDA approval by no means assures that the product or medicine approved is actually safe.  Be careful before using any product and always speak with your doctor before taking any medication.

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According to the Post report, "Transit officials would not say yesterday whether they believe the malfunction was a result of faulty equipment or poor installation, citing the investigation by the National Transportation Safety Board."

The track circuit at issue  "fluttered", according to Kubicek.  One moment it would detect a train, and then the train would "disappear".  He added that "Metro did not realize that there was problem until officials began examining data after the accident."

Metro is now replacing many of  the system's Wee-Z bonds because they are "approaching the end of their usefulness," according to David Couch, who leads Metro's infrastructure projects.Of course, this raises the question:  Why weren't they replaced earlier? We know that at least one was well beyond its usefulness, unless it was incorrectly installed or maintained.

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Everyone associates the July 4th holiday with fireworks.  All too often, it also is associated with injuries.  According to the Consumer Product Safety Commission (CPSC), approximately 9800 people were treated in hospital emergency rooms for fireworks-related accidents in 2007.  The following recommendations from CPSC offer common sense safety guidelines:

• "Do not allow young children to play with fire-works under any circumstances. Sparklers, considered by many the ideal "safe" firework for the young, burn at very high temperatures and can easily ignite clothing. Children cannot understand the danger involved and cannot act appropriately in case of emergency.
• Older children should only be permitted to use fireworks under close adult supervision. Do not allow any running or horseplay
• Light fireworks outdoors in a clear area away from houses, dry leaves or grass and flammable materials.
• Keep a bucket of water nearby for emergencies and for pouring on fireworks that don't go off.
• Do not try to relight or handle malfunctioning fireworks. Douse and soak them with water and throw them away.
• Be sure other people are out of range before lighting fireworks.
• Never ignite fireworks in a container, especially a glass or metal container.
• Keep unused fireworks away from firing areas.
• Store fireworks in a dry, cool place. Check instructions for special storage directions.
• Observe local laws.
• Never have any portion of your body directly over a firework while lighting.
• Don't experiment with homemade fireworks."

We wish all of our readers a very happy and safe celebration for Independence Day weekend.

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Posted by: Salvatore J. Zambri, Esquire

As you may have heard, lawyers have already filed lawsuits stemming from the recent tragic crash involving two Metro-trains on the red-line.  My firm represents injured victims and their families, but we have not yet filed suit for several reasons.  For one, the Nation's capital is in mourning still.  Some time should pass before litigation begins.  Second, investigations are continuing and we are unearthing more and more relevant evidence. Third, families and victims have gone through enough.  It seems to me that working with WMATA to resolve cases fairly and effectively is a better approach than running to the courthouse.  If a fair resolution cannot be achieved, then the courthouse is thankfully available so justice can be obtained.

My firm has secured the largest settlement in WMATA's 33 -year history.  Perhaps it is due to our firm's reputation that allows us to resolve cases with large truck companies and entities like WMATA instead of filing suit so quickly.  A resolution saves a client money, time, and emotional anguish.  Early resolution--if possible--should be every attorney's goal in any case.  Of course, again, if the defendant proves to be unreasonable, a lawyer should have the resources and experience to fight for full justice.  Because defendants recognize that my firm has the resources necessary to litigate catastrophic cases and that we are always prepared to litigate cases aggressively, they more often than not want to settle cases with us early on, and on terms favorable to our clients. 

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Posted by: Salvatore J. Zambri, Esquire

Trucks account for only 3% of the vehicles on our roadways, yet they are involved in 12 percent of all crash fatalities.  According to a Public Citizen report, "Every year, about 5,000 people die and over 100,000 people are injured in large truck crashes."

Congress is now considering taking action--action that is long overdue. Specifically, Congress is working on legislation that would limit or curb truck sizes and weights. Experts have acknowledged that the larger the truck, the more likely it is to kill or cause serious injuries. Increased weights and sizes also lead to greater infrastructure damage to our roads and bridges.  And, of course, bigger trucks emit more toxic pollution into our environment.

We encourage you to visit Public Citizens' website and contact your representatives in Congress, encouraging them to limit the weight and size of trucks.  It will lead to greater safety and public health.

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By Victor E. Long, Esq.

Researchers reporting in the National Journal of Cancer believe that coffee – not green tea – reduces the risk of colon cancer. When researchers reviewed data on the beverage-drinking habits of more than 96,000 Japanese men and women over a 10-year period, they found that coffee significantly lowered the risk of colon cancer in females. The findings should be particularly interesting for women who enjoy coffee frequently.   Women who regularly drank three or more cups of coffee a day had a 32% lower risk of colon cancer than those who almost never consumed coffee -- even after taking into account factors that could have affected risk. Colon cancer risk was not reduced for men, and neither women nor men had a reduced risk of rectal cancer.  The mechanism by which coffee may prevent cancer is unknown. It might be due to the caffeine in coffee that could stimulate the working of the colon, or the effect could be due to the antioxidant properties of coffee.

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Posted by: Salvatore J. Zambri, Esquire

According to a recent Washington Post article by Lyndsey Layton, Maria Glod and Lena Sun, "Federal investigators said yesterday that they found 'anomalies' in a key component of the electronic control system along the Metro track north of Fort Totten, suggesting that computers might have sent one Red Line train crashing into another."  The report comments that a senior WMATA offcial has now come forward to state that "the computer system appeared to have faltered."

There is a 740-foot-long circuit near the crash which provides critical information, as well as authorization and speed commands to a following train.  If defective, major incidents, like the one recently experienced, can occur.  "If the train protection system is working as designed, when one train begins to enter the two-block buffer behind another, the computers automatically deploy the brakes on the second train and force it to stop," remarks the report.

Although a system failure may have occurred, investigators are still evaluating the conduct of the novice train operator who, unfortunately, lost her life in the crash, along with eight others.

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Posted by: Salvatore J. Zambri, Esquire

Earlier this week, the nation’s capital experienced the deadliest Metrorail collision in WMATA’s 33 year history.  Numerous lives have been lost, and dozens of other have been seriously and permanently injured.  The victims of this tragedy and their families deserve justice.  The civil justice system in parts of our country, however, does not always allow for justice.

The Washington Metropolitan Area Transit Authority (WMATA) is the creation of a compact between the District of Columbia, Maryland and Virginia.  If the Metro collision had taken place just a few thousand feet north in Maryland, the ability of those harmed and killed to receive fair compensation for their harms and losses would have been severely compromised.

Last year, the Maryland Court of Appeals issued a ruling, establishing that claims against WMATA are akin to claims against Maryland counties.  Those claims are limited to merely $200,000.00--a shocking low and patently unfair amount.  And if it is determined that another entity (like a sub-contractor) is responsible in part for the horrific crash, the claims against any such non-governmental entity will have a non-economic (pain, anguish, suffering, etc.) limitation of  merely $650,000.00.

With respect to the claims against Maryland counties, the $200,000.00 per person limitation includes both economic losses and non-economic damages.  The economic losses alone caused by the deaths and severe injuries of others will far exceed $200,000.00.  And that does not even begin to compensate the victims for the extreme fright, physical pain, and mental anguish that they endured or will continue to endure for the rest of their lives.

The arbitrary limitation that applies to non-governmental entities is also unjust.  Telling a spouse or a child (or a father or mother) that the impact of a lost loved one amounts to merely $650,000.00 is offensive.  I represent a woman and her three daughters concerning a Maryland automobile accident claim that took the lives of her husband of 25 years and her only son, who was merely 14 years old.  Needless to say, her dreams have been shattered and her life, and the lives of her 3 daughters, have been turned upside-down.  The days and months immediately following the collision were unimaginably hard on the family.  Even now, every day is a struggle emotionally, and the stresses and fears about the future are overwhelming. 

It is un-American for our system to protect wrongdoers with artificial limitations to the great detriment of the innocent victims who are forced to endure the repercussions of the tragedies for the remainder of their lives.  Consider this:  In my case, the one who caused the accident--a person who drove over 100 mph into oncoming traffic, who struck my clients’ vehicle head-on, and who was drunk at the time of the crash--is protected by Maryland's illogcal damages limitation, while the surviving family members are stripped of any rights to full compensation.  Why protect the reckless and harm the victims, the very ones who are left to deal with the horrible consequences of the crash?  Common sense tells us we should be doing better as a country when such injustice can be allowed to exist in an American civil justice system.

My thoughts and prayers go out to all those who were injured in the Metrorail collision.  No form of compensation can fully compensate those who have been killed or those who have suffered serious permanent injuries.  There is some solace in knowing that at least the laws of the District of Columbia do not artificially limit recoveries.  Judges and juries are able to evaluate the facts of each case separately and provide a full cup of justice without regard to special interest groups who seek to impose limits on recoveries in an effort to put profits over people.

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Posted by: Salvatore J. Zambri, Esquire

Washington Metropolitan Area Transit Authority (commonly referred to as WMATA) is a quasi-governmental entity created through a compact between the District of Columbia, Virginia, and Maryland governments.  This Authority is responsible for the rail service and bus service in the Washington-DC area.  When system failures and operator errors cause serious injuries, those that have been harmed need to retain an attorney who is an expert in both handling personal injury matters and in dealing with WMATA in particular.

Metro train derailments and collisions are caused by a variety of reasons, including system failure, defective equipment, operator errors, excessive speeds and other reasons.  A lawyer must thoroughly investigate all potential causes of the incident in order to properly advance a claim.  The attorney chosen by a victim must be keenly familiar with the standard operating procedures of WMATA.  Without this institutional knowledge, the injured person (or family of the deceased) cannot be effectively represented.

WMATA is not insured by an independent insurance company; rather, it is self-insured.  As a self-insured entity, WMATA is responsible for paying claims on its own.  In order to effectively prosecute a claim, the attorney for the injured person should have extensive experience dealing with WMATA’s risk-management department and legal counsel.  The attorney must also have the resources necessary to litigate the case.

Our firm has obtained the largest settlement ever on behalf of a person injured by WMATA's carelessness.  Our reputation, experience, and integrity are what allow us to pursue claims so effectively.  The more serious the injury, the more important it is to secure the advice and guidance of a respected and competent attorney.

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Posted by: Salvatore J. Zambri, Esquire

The death toll from yesterday's horrific Metro collision continues to rise.  As of now, nine have been pronounced dead, and many dozens more are seriously injured.  As mentioned in yesterday's blog, system failure and operator error could be two causes of the incident.  The Washington Post has now reported that "[e]xperts familiar with Metro's operations focused last night on a failure of the signal system and operator error as likely causes of yesterday's fatal Red Line crash."

The "fail-safe" system, however, failed before, at least twice in recent years.  The operators of those prior trains were paying attention and applied the brakes when the system did not automatically apply them. Crashes were avoided.  Early investigation suggests that the driver of the train in yesterday's collision did not apply the emergency brakes, based on the extent of the damage and independent witnesses testimony regarding the speed of the train.

If the operator did not apply the emergency brakes, one must wonder why not?  The trains were not in a tunnel, they were outside, and the weather was clear.  Train operators are in the cabs of trains to observe dangers situations and react appropriately. Perhaps she wrongly relied on a system that was anything but fail-safe.

Our thoughts and prayers go out to the families of those who have died, as well as to those who have been injured.  For those injured, we wish you a speedy recovery.  For the families of those who died, we wish you peace.

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This tragic incident should never have happened.  An investigation is underway, and the cause of this avoidable event will be unearthed soon.  Incidents like this can occur for a variety of reasons, including miscommunication among train operators and station managers, failure to keep a proper lookout, defective brakes, distracted operators, unsafe speeds, faulty equipment, failure to abide by standard operating procedures, and other reasons. 

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By Victor E. Long, Esq.

Yesterday, the Food and Drug Administration  recommended that children shouldn't stop taking drugs that treat attention deficit hyperactivity disorder, or ADHD, despite a study showing the stimulants may be associated with sudden death.  Stimulants used to treat attention deficit hyperactivity disorder could increase the risk of sudden death in children who have no underlying heart conditions.

Popular stimulant medications used to treat ADHD in children and teens include such drugs as Shire’s Adderall and Novartis’ Ritalin. The drugs have previously been approved as both safe and effective in the treatment of ADHD in children by the FDA, and remain so despite the recent study.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

According to NIOSH, "each day, U.S. workers suffer injury, disability, and death from workplace incidents. On average, 15 workers die each day from traumatic injuries. Overall, 5,400 workers died in 2007 from an occupational injury and more than 4 million workers had a nonfatal injury or illness. In the private-sector alone every day, we see 11,500 nonfatal work-related injuries/illnesses with more than half of these injuries/illnesses requiring a job transfer, work restrictions, or time away from the jobs as a result. Among all workers, not just the private sector, 9,000 workers are treated in emergency departments each day, and approximately 200 of these workers are hospitalized. In 2004, this resulted in an estimated 3.4 million nonfatal injuries and illnesses among civilian workers that were serious enough to be treated in hospital emergency departments."

For more details, see Fatal Occupational Injuries and Nonfatal Occupational Injuries and Illnesses or the Bureau of Labor Statistics occupational injury, illness, and fatality data (External Link: http://www.bls.gov/iif/).

It is important for employers to take reasonable steps to be sure employees are not exposed to chemicals that can cause serious injuries of death.

Our firm has experience pursing cases for injured workers. If you think you have been injured at work, we encourage you to read a handbook published by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

According to NIOSH, "Based on well-documented associations between occupational exposures and cancer, it is estimated that approximately 20,000 cancer deaths and 40,000 new cases of cancer each year in the U.S. are attributable to occupation."  The report comments that studies don eon animals make it clear that millions of Americans are exposed to carcinogens in the workplace environment.

"A person's risk of developing a particular cancer is influenced by a combination of factors that interact in ways that are not fully understood. Some of the factors include:

• Personal characteristics such as age, sex, and race
• Family history of cancer
• Diet and personal habits such as cigarette smoking and alcohol consumption
• The presence of certain medical conditions
• Exposure to cancer-causing agents in the environment
• Exposure to cancer-causing agents in the workplace

In many cases, these factors may act together or in sequence to cause cancer."

It is important for employers to take reasonable steps to be sure employees are not exposed to chemicals that can cause serious injuries of death.

Our firm has experience pursing cases for injured workers. If you think you have been injured at work, we encourage you to read a handbook published by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

The AP reports that "Consumers are being urged to immediately stop wearing a certain type of chenille robe made by Blair LLC due to a fire hazard that is believed to have killed at least six people." This recall followed reports of six deaths that resulted from the robes catching-on-fire, comments the report.

The robes were made in Pakistan and are constructed with chenille.  They were "sold in Blair catalogs and on the company Web site, as well as Blair stores in Warren, Pa., Grove City, Pa., and Wilmington, Del., from January 2003 through March 2009. Consumers may return the robe to Blair and receive a refund or a $50 gift card by contacting the company at (877) 392-7095 between 9 a.m. and 9 p.m. ET Monday through Saturday, via the firm's Web site at www.blair.com/recall, or by e-mail at blairproductrecall(at)blair.com."

Our firm has experience pursing cases for children and adults who have been harmed by defective products.  If you think you have been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030. 

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A recent $2.3 million civil penalty was agreed to by Matell, Inc. and Fisher-Price Toys  for importing and selling toys with excessive levels of lead.  According to the news release issued by the Consumer Product Safety Commission (CPSC), the penalty was part of a settlement for knowingly violating a 30-year-old federal ban on lead paint in toys. 

"These highly publicized toy recalls helped spur congressional action last year to strengthen CPSC and make even stricter the ban on lead paint on toys," said the commission's acting chairman Thomas Moore. "This penalty should serve notice to toy makers that CPSC is committed to the safety of children."

"Today's settlement announcement by the U.S. CPSC resolves Mattel's outstanding issues with the agency related to certain matters that arose in 2007," Mattel said. "Mattel promptly took a series of steps after discovering compliance issues with some of our toys at that time.

"We were able to effectively minimize any potential concerns by launching a fast-track recall of the affected product in conjunction with the CPSC and other global regulatory agencies, and by taking several steps to enhance our product compliance protocols and procedures to confirm that every Mattel toy is safe for children to enjoy," Mattel said. Fisher-Price referred calls to Mattel.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

We have previously written to you about the dangers of bisphenol A (BPA)--a chemical used often in baby-bottles and other hard-plastic products, including food containers.  Medical News Today reports that BPA poses dangers to women as well.

According to the report, a team of U.S. scientists suggested that  BPA "may harm the heart, particularly in women, because of what they discovered in tests on female rats and mice."  The studies revealed that "exposure to BPA or estrogen or both made the hearts of female rats and mice behave abnormally."

Other studies have linked BPA to a variety of health problems, including neurological defects and  diabetes, as well as breast and prostate cancer.

We encourage you to carefully choose which products you purchase and aim to buy only those products that pose no health-risk at all.

Our firm has experience pursing cases for children and adults who have been harmed by defective products.  If you think you have been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

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By Victor E. Long, Esq.

There is mounting evidence  that the industrial farming of chickens, pigs, and cattle is cultivating more than poultry and livestock — it's cultivating bacteria that medicine is losing the ability to fight. Antimicrobial drugs, including antibiotics like penicillin, ciprofloxacin, and methicillin, kill pathogenic bacteria. Scientists estimate that 50 percent to 80 percent of all antimicrobials in the United States are not used by doctors to treat sick people or animals but are added to farm animal feed, mostly in such subtherapeutic dosages. Public health researchers like Ellen Silbergeld are convinced that this nontherapeutic use of antimicrobials is building dangerous genetic reservoirs of resistance. If they are right, industrial agriculture is fostering and dispersing drug-resistant bacteria that impair medicine's ability to protect the public from them.

Kellogg Schwab, director of the Johns Hopkins Center for Water and Health, refers to a typical pig farm manure lagoon that he sampled. "There were 10 million E. coli per liter [of sampled waste]. Ten million. And you have a hundred million liters in some of those pits. So you can have trillions of bacteria present, of which 89 percent are resistant to drugs. That's a massive amount that in a rain event can contaminate the environment."

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Commuters and visitors to Washington, DC rely heavily on the Metro for traveling around town.  Although DC's Metrorail system has put a number of safety measures in place during the past year, Metro operators continue to forget they are operating eight-car trains.  Platforms are designed for exactly eight cars, so early opening means that at least the last car is still in the tunnel when the doors open.  As a result,  a hazardous condition is created for passengers in danger of falling onto the tracks. No injuries have occurred this year from these "improper door incidents," but crowded conditions during peak periods create unsafe conditions. 

According to Metro officials, "Safety is first and foremost with the transit agency, and we take this very seriously."  Improper door operation is considered one of the most serious safety violations, with operators being suspended for 12 days without pay for the first offense, 18 months for the second offense and firing for the third offense.  Increased training, to include refresher programs for train operators, as well additional signs on the platforms and inside train consoles, are some measures designed to increase operator awareness of the problem.

Metro riders should also remain vigilant while riding and exiting the train cars. 

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

Teenagers love to send text-messages.  In fact, the average American teen sends and receives about 80 text messages per day--approximately 2,300 every month.  What worries experts is the fact that these texts takes place while kids should be paying attention to their teachers, while they cross busy intersections, and even when they are driving.   The New York Times reports that  text-messaging is distracting teen-drivers, leading to an increased risk of car accidents.  And if that's not scary enough, the report reveals that texting is believed to lead to adverse health issues concerning both physical and mental well-being.

Among other findings, researches have determined that texting causes “anxiety, distraction in school, falling grades, repetitive stress injury and sleep deprivation”, according to the Times report. From a social perspective, teens text often because they fear being “out of the loop,” says Michael Hausauer, psychotherapist in Oakland, California.  However, the constant communication created by so much texting can make teenagers feel “frightened and overly exposed,” comments Mr. Hausauer.  The repetitive thumb and finger movements can also cause a variety of musculoskeletal injuries, according to Peter W. Johnson, associate professor of environmental and occupational health sciences at the University of Washington.

To read the entire Times article, please click here.

We understand the usefulness of text-messaging, but we encourage our readers to impress upon teens the risks of over-texting.  The dangers can be physical and emotional.

Our firm has experience pursuing cases for adults and children that involve tragic product defects.  If you think you or your child has been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

Earlier this spring, we informed our readers that Canada has restricted the production of plastic baby-bottles, containers, and cups manufactured with a chemical  known as BPA, or bisphenol-A, which some experts say cause "breast, prostate and reproductive system abnormalities and some cancers."  To read this earlier blog, please click here.

Although the US Food and Drug Administration (FDA) and the European Union both continued to say the chemical is safe despite what experts were advising, the AP reported yesterday that the FDA is reviewing its 2008 ruling that the "much-debated chemical . . . used in baby bottles and food containers, is safe for infants."  Last year, the agency ruled that "trace amounts of" BPA "that leak out of bottles and food packaging are not dangerous," but the FDA's "own advisers faulted the report for relying on a small number of industry-sponsored studies." Meanwhile, "consumer advocates said it ignored dozens of animal studies suggesting the chemical can interfere with infant hormone levels" by mirroring "the effects of the hormone estrogen, potentially interfering with young, growing bodies." FDA spokesman Michael Herndon, commented that "the agency's chief scientist, Dr. Jesse Goodman, was recently asked to "take a fresh look at this important issue from a scientific and policy position." In a statement, Herndon said that Goodman "intends to review all the data, listen to people on all sides of this issue, and talk to experts inside and outside of the federal government." He added that the review will be completed in "weeks, not months".

We hope the FDA fulfills its promise and acknowledges the dangers of BPA.  Infants and children are vulnerable and need protection.

We encourage you to carefully choose which products you purchase and aim to buy only those products that pose no health-risk at all.

Our firm has experience pursing cases for children and adults who have been harmed by defective products.  If you think you have been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030. 

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 By Victor E. Long, Esq.

• Check the water first, if someone is missing.
• If someone is in the water and needs help, reach or throw something out to them - don’t go in unless you are trained.
• Know how and when to call 9-1-1 or the local emergency number.
• Enroll in Red Cross water safety, first aid and CPR courses to learn what to do.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

The Hill reports that "Consumer groups and trial lawyers are crying foul over the Obama administration's bankruptcy plans for General Motors and Chrysler" because "those plans would extinguish all ongoing auto accident claims that blame a death or serious injury on a defective GM or Chrysler vehicle."  According to the report, Clarence Dilow, the executive director of the Center for Auto Safety, admits that "the plans are unusual in that they would prevent anyone from bringing a future liability claim against GM or Chrysler if a car already purchased from either company is defective and results in an accident causing death or serious injury."  Mr. Dilow further stated that "it was...unusual for no money to be set aside for liability claims."

A New York Times blogger writes, "In approving the sale of most of Chrysler's assets to a new company, run by Fiat, over the weekend, Judge Arthur J. Gonzalez also granted the automaker's request that the new company not be held liable for future product-liability problems involving current owners" which "means people who own a Chrysler, Dodge or Jeep have lost their right to sue if they are injured by a safety defect."  The article goes on to note that consumer groups are rightly concerned that "people who already have been injured in accidents and have filed suits against Chrysler, asserting that a vehicle had a safety defect" will not get any money from the carmaker even if they "win in court."

We believe that it is unfair and un-American to immunize these, or any, car-manufacturers from claims when they have carelessly caused serious injuries to innocent victims.  The protections envisioned by the bankruptcy plans would prohibit motorists from bringing suits against the manufacturers when injured as a result of defective braking systems, ill-designed roof-systems, and other product defects.

Our firm has experience pursuing cases for adults and children that involve tragic product defects.  If you think you or your child has been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

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College presidents across the country believe that excessive drinking by college students is the number one campus-life problem.  Some of the obvious dangers of student alcohol misuse include:

• harm to those who drink to excess;
• negative impacts on non-drinking students and those who drink responsibly;
• damage to the college reputation.

According to requirements of the Federal Drug-Free Schools and Communities Act and its 1989 amendments, institutions that receive Federal funds:

• "Implement an alcohol and drug education program;
• Define a policy that prohibits the unlawful possession, use, and distribution of alcohol and other drugs;
• Share information about alcohol and drug treatment programs available to students and employees;
• Adopt disciplinary sanctions for students and employees who violate the school’s policy on alcohol and drugs; and
• Ensure that the disciplinary sanctions are consistently enforced."

Because of the fear of consequences from violating rules regarding campus drinking, underage drinkers sometimes put themselves and others in danger.  In response, some schools have addressed this issue as they try to avoid sending a message of permissiveness about illegal underage alcohol and binge drinking without scaring students into inaction when a situation becomes dangerous.

A number of schools are adopting a "Good Samaritan" rule so that in medical emergencies, violations of campus alcohol policies will not necessarily be enforced. The University of Maryland recently endorsed a Good Samaritan Rule for a one-year trial basis. Other colleges, including George Washington University and the University of Virginia, have good Samaritan rules that provide either a break or amnesty to students who seek help in a medical emergency.

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The recent tragic death of Mike Tyson's young daughter as a result of a treadmill accident highlights the vigilance necessary by parents of young children.  Treadmills are the most popular workout machine in the country. Many homes with treadmills also have young children, a combination that potentially can be extremely dangerous.

About 1,000 children under 14 die of unintentional strangulation each year, 88 percent of whom are under 4 years old, said Larry Stone, founder of Safety Matters, a company that specializes in childproofing homes.  Stone said injuries involving treadmills were fairly common, but said he had never heard of strangulation involving a treadmill.

"All injuries are preventable. There are ways to babyproof your home," Stone said. "I think that largely it is a matter of taking care of the more straightforward things ... making sure there are no cords from the windows hanging and certainly keeping the child in view."

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According to the U.S. Consumer Product Safety Commission, more that 164,000 individuals are treated each year following injuries related to ladder accidents. CPSC provides safety tips to prevent ladder injuries:

• "Make sure the weight your ladder is supporting does not exceed its maximum load rating (user plus materials). There should only be one person on the ladder at one time.
• Use a ladder that is the proper length for the job. Proper length is a minimum of 3 feet extending over the roofline or working surface. The three top rungs of a straight, single or extension ladder should not be stood on.
• Straight, single or extension ladders should be set up at about a 75-degree angle.
• All metal ladders should have slip-resistant feet.
• Metal ladders will conduct electricity. Use a wooden or fiberglass ladder in the vicinity of power lines or electrical equipment. Do not let a ladder made from any material contact live electric wires.
• Be sure all locks on extension ladders are properly engaged.
• The ground under the ladder should be level and firm. Large flat wooden boards braced under the ladder can level a ladder on uneven ground or soft ground. A good practice is to have a helper hold the bottom of the ladder.
• Do not place a ladder in front of a door that is not locked, blocked or guarded.
• Keep your body centered between the rails of the ladder at all times. Do not lean too far to the side while working.
• Do not use a ladder for any purpose other than that for which it was intended.
• Do not step on the top step, bucket shelf or attempt to climb or stand on the rear section of a stepladder.
• Never leave a raised ladder unattended.
• Follow use instruction labels on ladders."

Following are additional common sense recommendations from the American Academy of Orthopaedic Surgeons for safe ladder use.  

• Use the correct ladder type and size;
• Inspect the ladder for damage before using it;
• Move the ladder safely;
• Set up the ladder away from obstacles and on a solid surface;
• Follow the recommended height for the ladder;
• Use the ladder safely.
  
  • "Face the ladder while climbing and stay in the center of the rails. Grip both rails securely while climbing.
  •  Do not lean over the side of the ladder. Your belt buckle should not be further than the side rail.
  • On single or extension ladders, never stand above the third rung from the top and never climb above the point where the ladder touches the wall or vertical support.
  • On stepladders, never stand on the paint shelf, spreaders or back section.
  • Never stand on the top rung of any ladder.
  • Do not overreach. It is safer to move the ladder to a new location when needed. Do not try to "jog" or "walk" the ladder to a new location while standing on it. Climb down and reposition the ladder.
  • Do not overload a ladder. It is meant to be used by only one person at a time.
  • Never use a ladder in high winds.
  • Do not use any ladder if you tire easily, are subject to fainting spells or are using medications or alcohol that make you dizzy or drowsy.

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If Chrysler's bankruptcy is approved by Congress, owners of Chrysler, Jeep or Dodge vehicles may find themselves without the right to seek compensation for serious injuries caused by car defects.  The New York Times has recently published an interesting article concerning this hot topic. 

Under the proposed plan, Chrysler identified the obligations the new entity would assume and those it would leave behind. The proposed bankruptcy plan calls for the new Chrysler to honor existing new-car warranties. There is no promise, however, that it will be responsible for future product-liability suits brought by owners of vehicles sold before the automaker filed for bankruptcy.   

As the article states:  "[T]he Chrysler plan raises a question about why the new Chrysler, the successor to the old company, should be released from liability for product defects at the expense of consumers who may suffer future harm, said Norman I. Silber, a law professor at Hofstra University who specializes in consumer law.“Not only is there a moral claim to be made on behalf of consumers, but there is probably also a legal claim that it is not right,” Mr. Silber said. 

Concerned consumer groups, such as Public Citizen, the Center for Auto Safety, Consumer Action, Consumers for Auto Reliability and Safety and the National Association of Consumer Advocates have begun to lobby against the bankruptcy plan.  

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As recently posted on Welcome to the Fast Lane, the Official Blog of the U.S. Secretary of Transportation, bicycling is only healthy when you ride safely:

"It's clear that bicycling is good for the environment...when it takes vehicles off the road. It's also clear that bicycling is good for your health...when you practice safety.

May is National Bike Safety Month. As this Administration works to develop environmentally-sound transportation options, making our streets more bike-friendly is high on the list. Our roads and communities must be built to allow people to get around safely outside of their cars, on bike or on foot.

But, as more people take to bicycling, that idea can only be sound when drivers and cyclists help each other share the roads safely.

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The Consumer Product Safety Commission recently announced Hewlett-Packard is voluntarily recalling 70,000 lithium-ion batteries that shipped with several models of its HP and Compaq laptops.   According to the CPSC, two separate reports of batteries that  "overheated and ruptured, resulting in flames/fire that caused minor property damage" but no injuries.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

The Associated Press (AP) reports that the Consumer Product Safety Commission (CPSC) and the Eddie Bauer company have recalled nearly "76,600 Eddie Bauer Soothe & Sway Play Yards, sold in the U.S. and Canada and distributed by Dorel Juvenile Group Inc., of Columbus, Ind., because of a suffocation hazard to an infant." (emphasis added).  According to the recall, the play yard's "rocking bassinet" attachment has the propensity to tilt when secured by straps, causing it to stay tilted without returning to a level sleeping surface while the product is in its rocking mode. A tilted sleeping surface can cause an infant to roll and become wedged in the side or corner of the product, "presenting a risk of suffocation or positional asphyxiation," according to the report.

Although no deaths, thankfully, have been reported, Eddie Bauer and the CPSC have received ten reports of "infants rolling to one side, including 6 reports of infants who had their faces pressed against the side or the bottom of the bassinet," according to the report. "One child reportedly was turning purple and was out of breath when discovered."

Please note that the recall involves all units with model No. 05046, as well as all units with model No. 05044 which were manufactured  prior to December 1, 2008. More details can be found at http://www.cpsc.gov.

Our firm has experience pursuing cases for children that involve tragic product defects.  If you think your child has been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

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Posted by Paul Cornoni

Mother Jones published a sad piece on the ineffectiveness of dangerous product recalls concerning unsafe cribs.  Our firm has recently blogged about this issue as well.  

A Mother Jones investigation demonstrated that, too often, the recall system fails. "While manufacturers make use of their resources and marketing savvy to sell a crib, they do not always make the same effort later to tell consumers that the same crib could be deadly.  The CPSC, the federal agency charged with overseeing recalls, can't make them. Underfunded, understaffed, and buffeted by political forces, the CPSC depends too heavily on the news media to warn consumers about potentially dangerous products."

Sadly, many children are harmed each year due to dangerous products. If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.  Also, please note the following important contact information concerning dangerous products:

CPSC Consumer Hotline: 1-800-638-2772, www.cpsc.gov; Kids in Danger, P.O. Box 146608, Chicago, IL 60614, www.kidsindanger.org.

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Posted by Paul Cornoni

As the warm months approach, it is important to review a few key water safety tips for children. Please refer to our prior blog on pool safety as well.  According to the National Safety Council, over 3,000 people die by drowning each year and children age four and younger have the highest death rate due to drowning.  A child can drown in one inch of water. Most drowning and near-drowning incidents occur when a child falls into a pool or is left alone in the bathtub. Bathtubs, buckets, toilets, and hot tubs present drowning dangers as well. Never leave a child alone near water.

Water safety for children is vital and it is a good idea to learn children's water safety and to enroll children over the age of three in swimming lessons taught by qualified instructors, such as American Red Cross certified programs.  However, even children who have successfully completed lessons or who are strong swimmers should always be supervised.

 A few important safety tips for parents as published by mychildsafety.net:

• Always keep your swimming pools fenced and locked.
• Pool owners should invest in a pool alarm.
• Always remove covers from pools before swimming. Partially covered pools are dangerous and crucial to children's water safety.
• Never take your eyes off your child even if he/she isn’t swimming.
• Make sure diving boards are securely anchored and well constructed.

For information about this topic or your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.  

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By Victor E. Long, Esq.

 Associated Press-iVillage poll suggests many women also think they're fat when they're not.  The poll reveals that there’s a major disconnect between body image and true physical condition. Many women who say they are dieting are avoiding healthy fruits and veggies.  The priorities are flipped," says Dr. Molly Poag, chief of psychiatry at New York's Lennox Hill Hospital.  She points to women athletes as much better role models than super models.  "There's an undervaluing of physical fitness and an overvaluing of absolute weight and appearance for women in our culture."

About a quarter of the women surveyed said they'd consider plastic surgery to feel more beautiful. Their overwhelming choice: a tummy tuck.  "There isn't any quick fix," says Dr. Nieca Goldberg, who directs the women's heart program at the New York University Langone Medical Center.A tummy tuck is cosmetic, removing just some surface fat, and a far cry from more radical surgeries like stomach stapling that are reserved to help the health of the very obese.

The questions and results for this poll are available.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

An accident survey conducted by PlaneCrashInfo.com of 1,843 aircraft accidents from 1950 through 2006 established "the causes to be as follows:

• 53%: Pilot error
• 21%: Mechanical failure
• 11%: Weather
• 8%: Other human error (air traffic controller error, improper loading of aircraft, improper maintenance, fuel contamination, language miscommunication etc.)
• 6%: Sabotage (bombs, hijackings, shoot-downs)
• 1%: Other cause

The survey excluded military, private, and charter aircraft."

It's possible that the recent fatal airplane crash involving Continental Flight 3407 was at least in part due to pilot error, according to today's Washington Post report.  A co-pilot was reported to have been "shocked" and potentially panicked when the windshield of the plane starting taking on ice, a major safety problem.  Among other things, the pilots starting telling stories about their experience (or lack of it) dealing with icing, potentially distracting them from a serious hazard.  The "pilots' talking violated federal rules that limit conversation in the cockpit to operational matters, particularly during takeoff and landing", stated the report.

The Continental flight went down on February 12, and it took more lives (50 in all) than any U.S. transportation disaster in the last seven years, according to the National Transportation Safety Board (NTSB).  NTSB just yesterday began public hearings into the incident. "Safety investigators have already said the ice had a minimal impact on the plane's performance; instead, the focus is on how the pilots reacted", comments the Post article.

To read the entire report, please click here.

Whether operating a a lawn mower, passenger vehicle, large commercial tractor-trailer, or a plane, operators must be sure they are abiding by applicable safety standards, and must further use common sense.  Some accidents can and should be avoided if proper care is taken.  If not, tragedy can result.

Senior partner Salvatore Zambri authored an article regarding how automobile collision cases are evaluated.  To read it, please click here.

Many Americans are killed or injured each year in airplane and other vehicle crashes.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.

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As spring arrives, most homeowners begin the annual task of clearing winter debris and preparing their home for spending more time outdoors.  Frequently, injuries result as muscles long dormant during the winter months experience much more activity in a brief period of time than usual.  A recent column by a physical therapist and yard keeper in the Gloucester Daily Times provides some common sense advice for preventing injury doing spring yard work.

• "Weeding is one of the most labor-intensive outdoor jobs and is responsible for more low-back injuries seen in a physical therapy clinic than almost any other springtime activity. Repeated pulling at stubborn weeds creates a strain in the lumbar discs. With your back in an already compromised, bent-forward position, one good yank at a tough weed may be enough to bulge a disc. A half-kneeling position is a much safer way to pull weeds.
• Setting out lawn and patio furniture often requires a bit of heavy lifting. Whenever possible, grab an extra set of hands to help with awkward or heavy items. Many hands makes a healthy back.
• Not all the planting needs to be done at once. ...[S]everal consecutive hours of planting leaves you at risk for straining muscles, ligaments or other tissues. These strains often sideline people for weeks at a time. Breaking up the planting into small increments minimizes your risk of injury and maximizes your chance of having everything you want in your garden.
• Raking and cleaning up debris takes a lot more energy than it is often credited. When raking sticks and leaves, take slow, steady strokes with the rake. This ensures that you don't burn too much energy and increases the chance that your body mechanics will stand up to the task of debris detail.
• Pruning hedges with heavy sheers is an easy way to acquire rotator cuff tendonitis. Over extending your arm with a heavy object in your hand is a quick recipe for a tendon injury. When trimming back bushes, keep the sheers close to your body and try to keep your shoulders at or below ninety degrees of elevation. This position protects the delicate rotator cuff from tearing. A surgical repair of the rotator cuff is followed by a lengthy and uncomfortable rehabilitation, so shield yourself from harm before it happens.
• Take breaks frequently. Many injuries result from overly tired muscles. When a muscle becomes fatigued, its ability to stabilize a joint or create enough force to accomplish a routine task diminishes considerably. It is at this point that people risk injuries such as discs, nerves and tendon tears.
• Change activities whenever possible. Repetitive activities wear down body parts. Changing your activity every thirty minutes is an easy way to avoid a repetitive strain injury."

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

On-the-job automobile collisions are consistently the leading cause of work-related fatalities in the America.  According to the National Institute for Occupational Safety and Health, there are  5,700 deaths at work each year, and 35% of the fatalities are associated with motor vehicles.  According to its website, on average during the years 2002 through 2007:

• "1371 workers died each year from crashes on public highways
• 330 workers died each year in crashes that occurred off the highway or on industrial premises.
• 363 pedestrian workers died each year as a result of being struck by a motor vehicle."

To read the entire report, please click here.

According to data from the Bureau of Labor Statistics, in 2007, nearly 3.9 million American workers were employed as motor vehicle operators.  According to the data, more than 40% of these workers were employed as heavy truck (including tractor-trailer) drivers.  These jobs can be very dangerous, not only to the workers themselves, but to the public generally.

We encourage employers to hire, supervise, and train their employees properly to avoid reckless conduct that leads to severe injuries or death.

Mr. Zambri authored an article regarding how automobile collision cases are evaluated.  To read it, please click here.

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

According to the Centers for Disease Control (CDC), 13,470 people died in 2006 as a result of "alcohol-impaired driving crashes, accounting for nearly one-third (32%) of all traffic-related deaths in the United States. Every day, 36 people in the United States die, and approximately 700 more are injured, in motor vehicle crashes that involve an alcohol-impaired driver."  Here's what is recommended:

• Plan ahead - have someone designated a non-drinking driver in advance of celebrations;


• Take the keys -  Do not let a family member, friend, or acquaintance drive if impaired;


• Be a helpful host -  remind guests to plan ahead with a designated driver, offer alcohol-free beverages, and be sure your guests leave with a sober driver.

To read the entire CDC report, please click here.

Drinking while driving is extremely dangerous, yet it happens all too often.  Such recklessness leads to devastating consequences.  We encourage our readers to drive sober and be careful not to get in a car that will be operated by a person who has been drinking.

Mr. Zambri authored an article regarding how automobile accident cases are evaluated.  To read it, please click here.

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

Highway incidents involving automobiles is the number one cause of work-related deaths, reports the National Institute for Occupational safety and Health.

  According to the institute,

"During the 1995 to 2002 period, 844 workers were killed while working at a road construction site. During this same period there were 9325 deaths in the construction industry. The 844 worker deaths in road construction represent 9% of all deaths in construction."  More than half of these deaths related to workers being struck by automobiles or other mobile equipment. 

To read the entire report, please click here.

We encourage employers to hire, supervise, and train their employees properly so they can be effectively protected while doing their jobs.  We encourage employees to take all necessary precautions to be safe. 

Mr. Zambri authored an article regarding how automobile collision cases are evaluated.  To read it, please click here.  He also authored a workers-compensation manual that describes the rights of injured workers.  To read the manual, please click here.

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

The leading cause of death among children in America is automobile collisions.  "1,335 children ages 14 years and younger died as occupants in motor vehicle crashes, and approximately 184,000 were injured," according to the Centers for Disease Control (CDC). That's four deaths every single day.  Many of these deaths, however, are preventable.

"Placing children in age– and size–appropriate car and booster seats reduces serious and fatal injuries by more than half," claims CDC, relying on data from the National Highway Transportation Safety Administration (NHTSA).  Here's what is recommended:

To read the entire CDC report, please click here.

Mr. Zambri authored an article regarding how automobile accident cases are evaluated.  To read it, please click here.

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030. 

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

More teens die from automobile collisions than any other cause.  Motor vehicle crashes account for 36% of all teen deaths in the United States, according to the Centers for Disease Control (CDC).  "In 2004, 4,767 teens ages 16 to 19 died of injuries caused by motor vehicle crashes (CDC 2006)." The CDC reports that teen drivers between ages 16 and 19 are four times more likely to crash than older drivers. This problem can be remedied, however.

Research relied upon by CDC suggests when the most strict and comprehensive graduated driver licensing (GDL) systems are used, fatal crashes are reduced by 38% and non-fatal crashes are reduced by 40%, when comparing 16 year old drivers. GDLs are designed to give teens practical and necessary experience under low-risk conditions, best preparing them for real-life, higher-risk conditions.

We encourage parents and guardians to insist on GDLs and use the basic principles of GDL to help teen drivers gain valuable experience before driving under high-risk conditions.  It could be a matter of life and death.

You can read the National Safety Council’s Teen Driver: A Family Guide to Teen Driver Safety* for helpful tips and suggestions.

To read the entire CDC report, please click here.

Mr. Zambri authored an article regarding how automobile collision cases are evaluated.  To read it, please click here. 

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.

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By Victor E. Long, Esq.

Many older people fear hip fractures -- and with good reason. Of all types of fractures, hip fractures have the most significant impact on the quality of life. An alarming 20–25% of people over age 50 who break a hip will die within a year.

A hip fracture usually occurs when a persons fall from a standing position, with the hip taking the impact of the fall, although less traumatic falls also can cause hip fractures  According to Johns Hopkins University,  90% of hip fractures are the result of a fall.

Here are some simple steps you can take to reduce the likelihood of falling:

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Posted by Paul Cornoni

Families of persons killed by trucking accidents are lobbying Congress to halt the trucking industry's efforts to allow heavier, longer trucks on the roads.  This interesting story is being reported by MSNBC.  The families are coming together to form safety groups, including Citizens for Reliable and Safe Highways (CRASH) and the Truck Safety Coalition. 

As MSNBC reports: "The group is particularly opposed to proposed increases in truck weight limits from 80,000 pounds to 97,000 pounds, a more than 20% increase. The industry argues that trucks have gotten safer, that bigger trucks means less of them on the road and that the number of truck-related deaths decreased from 2007 to 2009."   

The families have argued that even though deaths may have decreased from 2007 to 2009, nearly 5,000 people per year are dying as a result of truck accidents.  For more of this interesting story, please follow this link. 

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By Victor E. Long

The FDA has issued guidelines on the disposal of prescription drugs.  The Kaiser Family Foundation states that the average American takes more than 12 prescription drugs annually, with more than 3.8 billion prescriptions purchased each year,

Previously, three federal agencies--the White House Office of National Drug Control Policy, Department of Health and Human Services and Environmental Protection Agency--jointly released new guidelines in February designed to help people safely trash their prescription  drugs.

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Posted by Paul Cornoni

CNN is reporting that President Obama has selected Inez Tenenbaum to head the Consumer Product Safety Commission (CPSC).  Ms. Tenenbaum has recently served two terms as South Carolina's superintendent of education. It appears that Ms. Tenenbaum's top priority will be to protect children from being harmed by dangerous products.         

CPSC's mission statement, as stated on its website, is the following:

"The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years."

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Posted by Paul Cornoni

OMB Watch, a government watchdog, has published an interesting blog concerning the National Highway Traffic Safety Administration's (NHTSA) new roof strength rule.  The new rule requires stronger roofs in vehicles to prevent injuries to passengers involved in rollover crashes. 

The good news:  NHTSA's rule abandoned the Bush administration's plan to limit the rights of individuals to file lawsuits to seek compensation for serious injuries.   The bad news:  NHTSA is giving the auto industry until the year 2016 to be in full compliance.  Auto manufacturers will have to begin applying the new standard starting in 2013.  

Despite the delay, the new standard should greatly benefit persons traveling in automobiles.  The new standard doubles the required strength for roofs.  For additional information, please send us an email or call 202-463-3030.       

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By Victor E. Long, Esq.

Six continuous glucose monitors are approved by the U.S. Food and Drug Administration (FDA): CGMS System Gold, Guardian REAL-time System, Guardian RT, MiniMed Paradigm REAL-Time System (all from Medtronic), DexCom STS, and The Abbott FreeStyle Navigator.  Continuous glucose monitors can enable you to spot general trends in how well you are controlling your blood glucose, recognize whether it is on its way up or down, and help determine adjustments in your treatment. Better yet, the new sensors even include alarms that can warn you if your blood glucose is too low or too high.

Continuous glucose monitoring (CGM) systems use a tiny sensor inserted under the skin to check glucose levels in tissue fluid. The sensor stays in place for several days to a week and then must be replaced. A transmitter sends information about glucose levels via radio waves from the sensor to a pagerlike wireless monitor.

Unfortunately, continuous monitors are costly and health insurance coverage is presently a real problem.

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Posted by Paul Cornoni

As a follow up to our recent blog concerning the dangers of cribs manufactured by Jardine, the company has now announced a second recall.  Jardine has now announced that 96,000 additional units should be taken off the shelves.  320,000 cribs were recalled in June of 2008 and 56,450 were recalled in January of 2009.  The wooden crib slats can break which creates a gap which could cause a child to become trapped and strangled. 

The additional recalls are the following:

If you or a loved one has any question concerning crib safety please call us at 202-463-3030 or email.

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Posted by Catherine D. Bertram and Salvatore J. Zambri

How do you know if that personal trainer is knowledgeable? Just because he or she is working at your gym does not guarantee your safety.  Find a list of programs with third-party accreditation from the National Commission for Certifying Agencies at www.noca.org, an umbrella group that weeds out lesser training programs. Industry experts point to the American College of Sports Medicine and the National Strength and Conditioning Association as two of the most reputable organizations.

The American Council on Exercise urges all Americans to choose a personal trainer who is professionally certified. “Consumers should demand fitness professionals whose qualifications and professional competencies are beyond reproach,” said Ken Germano, ACE Executive Director. “Competent exercise guidance should always be the integral element of any consumer’s exercise experience.”

There are more than 70 certifying organizations that individuals can go to in order to obtain some sort of training and then claim to be a "personal trainer."  Many people join gyms and hire personal trainers at very high hourly rates assuming the trainer is qualified. That is not always the case.  Most people would be surprised to learn there is no standardized testing in the industry before one can use the title "personal trainer".

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

The American Association for Justice (AAJ) reported yesterday that a nation-wide pole of likely voters conducted by Lake Research Partners shows that Americans widely oppose corporations using mandatory binding arbitration clauses in the fine print of consumer and employment contracts. Such forced arbitration clauses are often buried in the fine print of contracts dealing with everything from cell phone, home, credit card and retirement account terms of agreement to employment and nursing home contracts.   Corporations have forced consumers to sign mandatory arbitration clauses when taking a job, buying a product, or accepting a service, requiring consumers to give up their right to take their case to court if they are harmed by a corporation.  Usually, consumers do not even know they are losing their rights because the arbitration clauses are never mentioned by corporations and the language is hidden deep within contracts in very fine print.

Lake Research Partners President Celinda Lake describes forced arbitration clauses as "another example of corporations taking advantage of ordinary Americans. The public supports the Arbitration Fairness Act because equal justice under the law is a core American value.”  The Arbitration Fairness Act is receiving strong bipartisan support.  The legislation should pass. If it does, forced arbitration clauses will be void, making the decision to arbitrate a voluntary decision to be made after a dispute has arisen, so corporations cannot manipulate the arbitration system to the detriment and expense of innocent consumers.

To read the AAJ report, please click here.

Many Americans are killed or injured each year by defective products, poor services, and otherwise wrongful corporate conduct.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.   

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

Uninsured motorist coverage is needed most especially during a recession.  According to a report by NewsOn6.com, The Insurance Research Council (IRC) indicates that one in seven drivers is presently  without automobile insurance, and reports a "strong correlation" between unemployment rates and number of uninsured drivers.  The site reports that "if economic struggles persist, the IRC estimates one in six drivers will be uninsured by 2010 -- an all-time high."

To read the entire report, please click here.

Mr. Zambri, senior partner of Regan Zambri & Long, and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C., wrote an article about uninsured motorist benefits and the importance of having appropriate insurance coverage.  Here is a reproduction of the article:

                                          Uninsured/Underinsured Motorist Coverage

    Almost everywhere in this country, if you own a car, it must be insured.  If it isn’t, you could face fines or even jail time.  Unfortunately, in practice, not everyone complies with the law.  Consequently, there are many vehicles on the road without insurance coverage.  Also, many of whom abide by the law and purchase insurance coverage, cannot afford substantial coverage.  For these reasons, we highly recommend that your automobile insurance coverage include uninsured/underinsured motorist coverage.

    Uninsured motorist (UM) coverage applies when you are in an accident caused by the fault of another driver and the other driver has no liability coverage.  Underinsured motorist (UIM) coverage, often purchased along with uninsured motorist coverage, applies when the damages you’ve suffered as a result of an accident exceed the liability coverage provided by the at-fault driver’s policy.  Under these circumstances, the UM/UIM coverage limits of your policy are effectively transferred to the other driver as liability limits.

    Consider a circumstance in which you are rear-ended by an uninsured motorist and are hospitalized as a result of serious bodily injuries.  If you do not have UM/UIM coverage, your only option is to pursue a claim against the at-fault driver and attempt to collect from his personal assets.  This is hardly an attractive, cheap, or easy option for recouping your losses.  If a person is willing to break the law and not pay for liability coverage, it is not likely that person will have enough assets from which you can collect a fair recovery.  Consequently, you would be left paying out-of-pocket for an accident that wasn’t your fault and you would not recover a penny for your pain and suffering.

    In determining how much UM/UIM coverage to purchase from your automobile insurance provider, consider how these coverages apply.  If you’re in an accident and end up with $50,000.00 in medical bills and the at-fault driver’s insurance has a liability policy limit of $25,000.00, you will be able to recover the policy limit.  However, if you do not have UIM coverage, you would be forced to collect any additional amount against the other driver directly, which, as described above, is not likely to be productive.  If, on the other hand, you had $50,000.00 of UIM coverage, then in most states you would be able to recover the $25,000.00 policy limit from the other driver’s carrier, plus an additional $25,000.00 from your carrier (note that your insurance carrier is entitled to a dollar-for-dollar credit for the payments made by the other driver’s insurance company).  In this example, however, even if you had $50,000.00 of UIM coverage, you would only be getting reimbursed $50,000.00 total, which just covers your medical bills and pays you nothing for your lost wages, pain, or suffering.  Therefore, we encourage you to consider having substantially higher coverage, especially because the cost of the additional coverage is not great.

    Please feel free to contact Mr. Zambri at szambri@reganfirm.com, or call him at 202-822-1899, if you have questions about the coverages you’ve purchased from your automobile insurance carrier. 

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.  

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By Victor E. Long, Esq.

An article in the New England Journal of Medicne  concludes that it is too early to provide stable estimates of genetic risk for many diseases.  However, several companies have begun offering direct to consumer testing.  With larger sample sizes or by combining studies, accurate prediction of genetic risk will be possible. However, urgent guidelines are needed to assist physicians who advise patients considering this type of testing.  Harvard researchers, caution doctors, patients and consumers to be skeptical about estimates of genetic risk based on the latest findings, especially given interventions that might have even riskier side effects. A person’s actual DNA sequence may stand the test of time, but genetic risk profiles are likely to evolve as science zips ahead.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

Earlier this week, it was reported that there were six "probable" cases of swine flu in Maryland, but none in DC or Virginia.  Unfortunately, the flu has now extended to all three local jurisdictions, according to the Washington Post.

"Last night, Gov. Timothy M. Kaine (D) announced that Virginia had its first two confirmed cases as the virus spread through the Washington region,"  states the report.  Maryland officials have announced a few more cases of the flu and has shut down certain schools, including Rickville High School in Montgomery County.  A federal agent, who traveled to Mexico with President Obama, contracted the flu and it spread to his family members. The White has stated that President Obama is safe.

To read the entire Post article, please click here.  

As President Obama advised during his press conference this week, we must all take reasonable precautions to protect ourselves and others from the swine flu.  Washing your hands regularly and properly is an important step.

If you want more information, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.  

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

According to a Washignton Post report, a government official has announced that Supreme Court Justice David H. Souter is planning to retire from the High Court.  A vacancy would give President Obama his first opportunity to nominate a replacement to the court.  Although a republican appointee, many have characterized the 69 year old Souter as part of the liberal bloc of the court. Some therefore believe that Obama will likely replace him, in the event Souter actually retires, with a like-minded judge.  Obama's priority, however, will be to hire a woman.  There is only one woman presently on the court--Justice Ginsburg.

President Obama may have other opportunities to shape the Supreme Court.  Justice John Paul Stevens, 89, is the the longest-tenured justice, but he has given no indication that he is ready to leave.  Justice Ginsburg is 76 and was diagnosed with pancreatic cancer this past winter.  She, too, has no immediate plans to retire, and has stated that she intends to serve on the court until well into her 80s.

To read the entire Post article, please click here.

Justice Souter has been a smart, dedicated member of the High Court, who has compassionately and intellectually analyzed many important issues that impact the American way of life.  Salvatore Zambri, senior partner at the firm, had the recent pleasure of presenting a program with him to DC school children, who entered an essay contest.  The essays concerned "Liberty Under the Law:  Empowering Youth, Ensuring Democracy."  They were inspiring, as has been the career of Justice Souter.

If you ever have any questions baout your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.  

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The following is a reproduction of portions of an article published by Salvatore Zambri, senior partner at Regan Zambri & Long, which he wrote while he served as President of the Trial Lawyers Association of Metropolitan Washington, D.C.  Although he wrote the article in 2007, it is appropriate to publish it again since this year's Law Day will be celebrated by our nation tomorrow, on May 1, 2009.

A LOT TO CELEBRATE:

On May 1, our nation commemorated Law Day, the brain-child of Attorney Charles Rhyne.  In 1958, Mr. Rhyne drafted a proposed U.S. Presidential Proclamation and presented it to President Eisenhower’s Chief of Staff, Sherman Adams.  The proposal, however, did not make its way out of Mr. Adams’ office.

Mr. Rhyne eventually went to visit Mr. Adams.  Having been assured by Mr. Adams that President Eisenhower would “not sign a proclamation praising lawyers,” Mr. Rhyne described what happened next:  “I strode down to the Oval Office and handed it to President Eisenhower himself.  As he stood there reading it, Adams burst in yelling, ‘Do not sign that paper praising lawyers!’”  President Eisenhower signed the proclamation over Mr. Adams’ objection, believing that the freedoms enjoyed by Americans and the rule of law should be commemorated.

“Now, therefore, I, Dwight D. Eisenhower, President of the United States of America, do hereby designate Thursday, May 1, 1958, as Law Day – U.S.A.  I urge the people of the United States to observe the designated day with appropriate ceremonies and activities; and I especially urge the legal profession, the press and the radio, television and the motion picture industries to promote and to participate in the observance of that day.”

The 2007 Law Day theme was “Liberty Under Law:  Empowering Youth, Assuring Democracy.”  The theme clearly recognizes that our children will shape our country’s future.  Consequently, we have the responsibility to teach them about the justice system, the process of the law, and the liberties we enjoy.

Three days after Law Day, at the United States Supreme Court, I had the privilege of speaking to a group of 6th Grade winners of an annual essay contest sponsored by the National Capital Lawyers’ Auxiliary.  I seized upon the theme of the 2007 Law Day Proclamation and suggested that no matter what profession we choose, we must all be intolerant of social injustice and that the privilege of freedom, earned through the courage of those who came before us, must not be taken for granted.  I challenged them to advance America’s promise of equal and fair justice for all.  Having heard their essays, I was inspired . . .

About a week ago, all Americans celebrated the 4th of July holiday, commemorating the signing of the Declaration of Independence.  That document, you will remember, was drafted by merchants, clergy, farmers, soldiers, lawyers, and physicians.  This diverse group joined together and declared:  “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness….”

Lawyer Thomas Jefferson, who initially drafted the declaration, remarked in his first inaugural address:  “It is proper you should understand what I deem the essential principles of our Government, . . . freedom of religion; freedom of the press; freedom of person under the protection of the habeas corpus and trial by juries impartially selected.”

In July 1776, the clangs of the Liberty Bell resonated throughout the world.  In recent years, many have seemingly forgotten the lessons bestowed upon us by that diverse assembly of representatives.  Special interest groups and those with personal agendas seek to redefine the civil justice system, forcing victims of wrongdoing to be treated differently and unequal under the law.  They need a refresher course on American history. . .

If you have any questions about the law or your legal rights, please feel free to contact Mr. Zambri at szambri@reganfirm.com, or call him at 202-822-1899.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

In 2007, more than 5,100 people were killed in crashes involving large trucks and buses, according to the Department of Transportation.  There were also approximately 100,000 Americans injured in collisions involving both large trucks and buses. The American Association for Justice (AAJ) has urged Congress to take needed steps to reduce highway fatalities and injuries by enhancing safety measures and rules for the commercial vehicle industry. 

“Stricter safety standards, including roof crush resistance, added seatbelt standards and enhanced driver fatigue monitoring, could protect consumers by reducing the severity of motor carrier accidents,” said AAJ Director of Regulatory Affairs Gerie Voss.  “The brakes have been on vehicle safety standards for too long.  Safety features are not a luxury, we hope this administration will accelerate consumer safety to reduce fatalities and injuries.” 

To read the full AAJ report, click here.

For information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.   

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Personal Care Products and FDA notified healthcare professionals of a voluntarily nationwide recall of all lots of Personal Care non-acetone nail polish remover, conditioner enriched with gelatin, 6 fl. oz., UPC 4815592076, because it has the potential to cause chemical burns to the fingers of users.

We have reproduced the FDA Press Release in its entirety below:

Recall -- Firm Press Release

Personal Care Products Conducts Nationwide Recall of Non-Acetone Nail Polish Remover Because of Possible Health Risk

Contact:
Lawrence Weisberg
248-258-1555

FOR IMMEDIATE RELEASE -- April 29, 2009 -- Personal Care Products of Bingham Farms, MI is voluntarily conducting a nationwide recall of all lots of Personal Care non-acetone nail polish remover, conditioner enriched with gelatin, 6 fl. oz., UPC 4815592076, because it does not meet product specifications and has the potential to cause chemical burns to the fingers of users.

The product has been sold nationwide in small discount retail stores and retailers are being instructed to remove the product from sale and to return it to Personal Care Products.

Personal Care has received two complaints of burns to the fingers resulting from the use of the product.

Any person who purchased a bottle of Personal Care non-acetone nail polish remover, conditioner enriched with gelatin is urged to return it to the store of purchase for a refund. Consumers with questions may contact Personal Care Products at 1-248-258-1555, Monday through Friday from 9 a.m. until 5 p.m. EDT.

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Toyota Motor Sales, USA, Inc. is initiating an Equipment Safety Recall with the National Highway Traffic Safety Administration (NHTSA) that involves about 39,100 Toyota Stainless Steel Exhaust Tip retention Clamps. This optional accessory was designed specifically for 2008 model year Highlander and Highlander HV vehicles sold in the United States.

"Due to improper heat treatment, the original clamp used to secure the stainless steel exhaust tip to the exhaust pipe may develop microscopic cracks. If this occurs, the crack may expand causing the clamp to break and in the worst case the exhaust tip may fall off.

There are approximately 39,100 accessory kits that may be affected by this condition. Because this accessory is installed at the Toyota vehicle processing centers and dealers, and is available over-the-counter, all of approximately 121,000 vehicle owners will be notified.

There have been ten reported incidents of this condition in the United States; no other Toyota or Lexus vehicles are involved in this recall.

Toyota will inform owners of the involved vehicles with a Safety Recall notification via first-class mail beginning in early May. The notification will include inspection instructions for owners to determine if their vehicle is equipped with this accessory. Affected owners are requested to contact their local Toyota dealer for inspection and repair."

Customers with questions or concerns should contact the Toyota Customer Experience Center at 1-800-331-4331.

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Apartment safety may begin with renter's insurance, but it certainly doesn't end there, as recently reported in Apartments.com.  To protect yourself and your belongings, experts recommend the following simple guidelines:

DO...

• Write only your last name or initials on your mailbox.
• Make sure the locks on all doors leading into your apartment have been changed since the last tenant was living there.
• Ask your landlord to install a peephole in your front door.
• Stay alert when entering your apartment.  Avoid talking on your cell phone or looking preoccupied when walking toward your building.
• Report bad lighting or overgrown shrubbery to your landlord.
• Inventory the description, serial number and cost of your valuables.  Keep a copy of your records online, in a fireproof locked box or in a safe deposit box in a bank.  Take pictures of your most valuable items and attach those to your receipts to make any insurance claims run as smoothly as possible.
• Keep a broom handle or other long stick in the track of sliding glass doors, to deter break-ins.
• Purchase light timers and set them so that your lights turn on while you're away in the evening.
• Take in your newspapers and packages daily.

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The U.S. Consumer Product Safety Commission has issued a recall along with Haier America of about 106,000 toaster oven/broilers. Electrical connections in the toaster oven/broilers can become loose posing the threat of electrical shock or burns.

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According to a recent report, Food and Drug Administration lab analyses identified undeclared sibutramine in 34 dietary supplement products distributed by Universal ABC Beauty Supply.

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By Victor E. Long, Esq.

 A new study from the Johns Hopkins University School of Nursing found that for older women, financial stress can be deadly.  Financial stress is a sadly widespread experience. According to a poll on About.com  roughly 7 in 10 respondents are "very stressed" about money, and only 1 in 10 report that they are not stressed about finances — and the proportion of people stressed about money is only going up. This is pretty significant because financial stress is linked to health problems like depression and sleep problems. With the rising cost of gas and food, the mortgage crisis, and the new bank troubles we're seeing, many Americans are feeling the crunch of financial stress. Anxiety over money can negatively affect health in several ways:

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By Catherine D. Bertram, Esquire and Salvatore J. Zambri, Esquire

Each year, the Electrical Safety Foundation International sponsors May as National Electrical Safety Month. This May, ESFI's focus is the Buyer Beware Anti-Counterfeiting Campaign to help raise awareness about dangerous and defective counterfeit electrical products that are threatening to harm public health and safety.  ESFI has a buyer beware fact sheet and a tool kit that professionals and consumers can use to educate the public about this very serious problem.

According to  ESFI, "unlike fake handbags, watches, or designer apparel, these fraudulent products such as circuit breakers, power strips, extension cords, batteries, hair dryers, and holiday lights can cause fire, explosion, shock, burns, and deadly electrocutions.

Counterfeit electrical products pose significant safety hazards, and can cause deaths, injuries and substantial property loss in the home and the workplace if left undetected.Education and recognition among consumers, families, and communities will save lives and prevent devastation, injuries, and property damage."

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Posted by Patrick M. Regan

Parents shopping for baby cribs are going to notice some significant changes in the types of cribs offered for sale. Toys "R" Us has recently announced that it will stop selling drop down cribs because of a concern for the safety of infants. In a blog on the Wall Street Journal's (4/22) website, Rachel Silverman wrote, "Concerns about the safety of popular crib designs have led to 21 recalls of 4.2 million cribs over the past two years because of hazardous defects" and the "products involved in the recalls have been linked to at least five infant deaths and 16 cases in which babies were trapped by parts of a crib, said the Consumer Product Safety Commission."

The WSJ website also noted "Products involved in the recalls have been linked to at least five infant deaths and 16 cases in which babies were trapped by parts of a crib, said the Consumer Product Safety Commission. Spring pegs have malfunctioned, metal locking pins have popped off, and wooden slats have broken, creating hazardous gaps that have entrapped and suffocated infants and toddlers, writes Ms. Trottman. Drop-side cribs, popular because sliding down one side of the crib makes it easier for a parent to pick up a baby, have been particularly problematic."

Ms. Silverman offers a number of important tips on how to "maximize crib safety."

If you or a loved one has any question concerning crib safety please call us at 202-463-3030 or email.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

Leading scientists at last week's Total Health Show 2009, held in Toronto, warned that changes to the global food supply are desperately needed to avoid serious health risks, according to a report in Medical News Today.  One world-known scientist--Dr. Shiv Chopra-- stated that the removal of "antibiotics, hormones, slaughterhouse waste, genetically modified organisms (GMOs) and pesticides, would transform the safety and sustainability of the food supply," notes the report. According to Dr. Chopra and others, the infusion of these unnecessary products is driven "less by need and more by the profit motives of major corporations." 

Genetically engineered foods are flooding the marketplace.  The worlds governments, with America as a leader, must take immediate steps to control the dangerous flow of unpredictable and harmful products into the food supply. Companies and governments need to put people over profits!

To read the entire article, please click here.

Many Americans are killed or injured each year by defective products.  If you want more information about defective products or wish to know your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.    

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Posted by: Amy S. Gurgle, Esq.

A new article published by the New York Times highlights that use of the Nintendo Wii fit gaming system can cause injuries similar to those encountered when engaging in the actual activities. Although the Wii can be a very entertaining hobby, it is important that users consider the fact that it simulates actual physical activity and also consider the related fitness demands.

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A Pennsylvania Air National Guard reservist has filed a lawsuit accusing his former employer of firing him for taking time off for an injury suffered while he was on active duty.  According to the lawsuit, UPMC Health Benefits Inc. violated the Uniformed Services Employment and Re-Employment Rights Act when it terminated Thomas Smith after he returned to work following rotator cuff surgery. The lawsuit seeks reinstatement of Smith to his old position, compensatory and punitive damages. 

The Pittsburgh Post-Gazette is following the story. 

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Posted by: Amy S. Gurgle, Esq.

A new consumer product recall highlights the risks of exercise balls. Even while exercising to improve health and fitness, it is important to be aware of the risks associated with the equipment and to ensure that the equipment is safe and used properly.

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Posted by Jacqueline Colclough, Esquire, R.N.

Earth Day, celebrated in the United States annually on April 22, is a day intended to inspire appreciation and awareness for the Earth's environment. It was founded in 1970 by United States Senator Gaylord Nelson from Wisconsin as a nationwide grassroots demonstration on behalf of the environment.

This year, Earth Day will mark the beginning of The Green Generation CampaignTM, which will also be the focus of the 40th Anniversary of Earth Day in 2010. The U.S. Environmental Protection Agency, Earth Day Network and EarthDay.gov, the U.S. government’s cooperative internet site for Earth Day, have useful information regarding ways that you and your family can help protect the environment today and every day, such as Environmental Tips of the Day, Green Tips Podcasts, Educational Programs and ideas for Taking Action at Home and Taking Action at Work. For more information about events and volunteer opportunities on Earth Day, please click here.

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Les Weisbrod, the President of the American Association for Justice, has recently published a very interesting article concerning the Sunshine in Litigation Act S.537, H.R. 1508.  The article is published in the National Law Journal.  The article discusses how numerous corporations, in the hopes of limiting bad publicity, are forcing injured persons to keep the details of their settlements confidential.  This unfairly limits the public's knowledge of dangerous products.    

As Mr. Weisbrod states:   "When wrongdoers settle cases involving their irresponsible conduct, they often force injured consumers to agree not to reveal any of the details of the case — even if the product remains on the market and the information could warn the public of a potential health hazard. In fact, manufacturers of faulty products regularly insist that any and all information turned over to injured consumers and their attorneys be kept secret."

However, it appears that help is on the way.  State and federal court systems in 41 states have taken steps to limit court secrecy. In Congress, legislation introduced last month called the Sunshine in Litigation Act, S. 537, H.R. 1508, is an important step in helping reform the broken system of court-enforced secrecy. Federal judges would have the tools needed to evaluate whether secrecy agreements cross the line when public safety information is involve.     

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As reported by Science Daily  and the American Journal of Preventive Medicine, the injury rate for golf carts increased over 130% between 1990 and 2006.   Golf carts  are becoming more popular as primary transportation at sporting events, hospitals, airports, military bases, businesses, parks and college campuses.   About 1,000 Americans a month are injured in golf cart accidents.

Nationwide Children's Hospital, Center for Injury Reserach and Policy, where the first comprehensive study relating to golf cart injuries was conducted, recommends "Because golf carts are not designed for the safe transportation of children, their use for transporting children should be strongly discouraged....In addition, private and public facilities that allow golf cart use can help prevent cart--related injuries by requiring driver's licenses and safety/operations training, establishing safety policies and considering golf cart safety in the design of pathways and landscapes. Given the large increase in golf cart--related injuries over the study period, greater efforts are needed to prevent these injuries, especially among children."

According to a another study conducted by the Center for Injury Sciences at the University of Alabama at Birmingham, golf cart injuries are steadily and significantly increasing, an indication that safety standards and driver education are needed.  "The researchers analyzed a national database of emergency room records from 2002 through 2005. They conservatively estimated there were about 48,000 golf cart accidents nationwide during that four-year period, or about 1,000 a month. Roughly half the accidents occurred on golf courses, the other half at homes, on streets and on other public property.  Fractures and head trauma were the most common injuries found in the study. The highest injury rates were found in 10- to 19-year-old boys and men older than 80."

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

The most famous dog in America--Bo, a Portuguese water dog--arrived at the White House a few days ago.  The Obamas thought long and hard about which canine to include in the First Family, especially given Malia Obama's allergies.  They picked smart--a hypoallergenic dog with a friendly disposition.

Choosing a proper pet is important for many reasons.  One should consider size, demeanor, cost, need for exercise, and much more, before deciding to own an animal.  Also, without proper care and training, certain animals can be extraordinarily dangerous.

Approximately 4.7 million people are bitten by dogs every year, causing nearly thirty deaths each year in America alone.  According to several studies, the main factors leading to such incidents are: human behavior, dog behavior, training, aggression, and unsupervised children.  Click here to learn more about the factors leading to dog attacks.

Besides attacks, certain animals can seriously jeopardize owners' health.  Pet allergies are essentially a negative reaction to certain proteins (allergens) excreted by animals.  Million of Americans, including three million children, have asthma that is triggered by allergens.  Exposure to pets can cause acute asthma attacks, as well as chronic chronic and debilitating asthma.  Click here to read more about allergic reactions to animals.

If you decide, like the authors, to own a dog (or any other animal), choose wisely, give the animal the love and attention it needs, and train your pet well.  A happy pet can bring a tremendous amount of joy into your life.

For information about your legal rights following a dog or other animal attack, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.    

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By Catherine D. Bertram, Esquire and Salvatore J. Zambri, Esquire

Your chances of getting sick from tainted food may depend on how diligent your state inspection system is, according to an article in the New York Times this week.  “The longer it takes you to nail an outbreak, the more people are going to get sick,” said Dr. David Acheson, associate commissioner for foods at the Food and Drug Administration. “And if it’s a pathogen that causes death, more people are going to die.”  Dr. Robert Tauxe, deputy director of the Centers for Disease Control and Prevention’s division of food-borne diseases, said the agency planned immediate investments “to increase the capacity of several health departments.”

Both President Obama and the Congress have asked for more inspections and new food production rules in order to try to prevent tainted food-related outbreaks, but far less attention has been paid to fixing the outdated, underfunded system by which officials try to detect and stop ongoing outbreaks. According the Times article, " uncovering which foods have been contaminated is left to a patchwork of more than 3,000 federal, state and local health departments that are, for the most part, poorly financed, poorly trained and disconnected."

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The Supreme Court of the United States recently announced its ruling in the Wyeth v. Levine case.  The principal question before the Court was whether FDA approval of a drug's label overrides (or preempts) state-law claims of inadequate warning.  The argument made by the drug company was that it would be impossible to comply with both state and federal laws if the state's law provides for a stronger warning label than the FDA labeling regulation. The Supreme Court rightly rejected that argument, finding that "Congress did not intend FDA oversight to be the exclusive means of ensuring drug safety and effectiveness."  By issuing this ruling, the Court will allow consumers more protection from drug injuries that could have been prevented if the drug label had included proper warnings.

In this case, Diane Levine, a professional musician being treated for migraine headaches was injected with Phenergan, a drug manufactured by Wyeth.  Because of the direct IV administration (IV push) of the drug, Ms. Levine's artery in her arm died, ultimately resulting in amputation of that arm.  Wyeth was aware of the dangers of the IV push method for administering Phenergan, but  never included any warnings to prohibit IV push administration on the label.  The FDA had not determined whether the label should have included the warning.  However, the FDA's labeling rules require that a prescription drug manufacturer change warning labels as soon as there is reasonable evidence that the drug causes adverse reactions without waiting for FDA approval of the label change.

Government regulations are intended to set minimum safety standards, but cannot guarantee safety.  The preamble of regulations was intended to define the agency's interpretation.  Beginning in 2005, Federal agencies started adding to the preamble of regulations without Congressional approval.   With these additions, the agencies claimed that federal standards overrule any state safety standards and that state tort claims should be discarded.  By adding preemption language to the agency preamble, the agencies bypassed Congress in determining if or when state law should be overruled.  In 2007, however, Congress passed the Food and Drug Administration Act of 2007 (FDAAA), forcing the FDA to require drug manufacturers to update their labels when the manufacturers become aware of potential hazards.

If you or a family member has been injured as a result of a drug error or other product defect, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation.