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Toyota’s Largest Ever Recall of Vehicles

Beth Janicek — Mon, 30 Nov 2009 13:25:18 GMT

Toyota Motor Corp. claims the gas pedal design in more than 4 million Toyota and Lexus vehicles makes them vulnerable to being trapped open by floor mats. On Wednesday it announced a costly recall to fix the problem. Although Toyota has repeatedly pointed to “floor mat entrapment” as the problem over unintended acceleration events, more people are beginning to believe that the potential cause is the electronic throttle system that has replaced mechanical systems in recent years.

A Times review of thousands of federal traffic safety incident reports found that complaints of sudden acceleration in many Toyota and Lexus vehicles shot up almost immediately after the automaker adopted the drive-by-wire system over the last decade. The electronic system uses sensors, microprocessors and electric motors, instead of a steel cable used in mechanical systems to connect the driver’s foot to the engine. Reports of unintended acceleration increased more than fivefold for some Toyota models, after drive-by-wire systems were adopted.

Brian Lyons, Toyota spokesman, said the automaker could not explain the trend, but has consistently held that the electronic control systems are not to blame. Toyota released a statement this month saying,

“Six times in the past six years NHTSA has undertaken an exhaustive review of allegations of unintended acceleration on Toyota and Lexus vehicles. Six times the agency closed the investigation without finding any electronic engine control system malfunction to be the cause of unintended acceleration.”

In my opinion, Toyota’s recall is focusing on the wrong problems. In January they plan to cut nearly an inch off the lower edge of the gas pedal and adjust the width to reduce the risk that the floor mat will become caught on the gas pedal. They will also install a brake override system meant to ensure that the engine will lose power if the brake and the accelerator are applied simultaneously, which will become standard on all Toyota and Lexus models by the end of next year. I hope that these adjustments will be enough to reduce the amount of accidents occurring from sudden acceleration. However, since there have been reports of sudden acceleration in cars that have removed their floor mats, I do not understand how changing the gas pedal will make a difference. I think that Toyota needs to do extensive research on the electronic throttle system in order to find the underlying problem causing these acceleration events.

Originally posted at InjuryBoard by Beth Janicek

Leading Cause of Accidental Death in America is Mistakes in Medical Care

Beth Janicek — Mon, 10 Aug 2009 17:40:10 GMT

There was an excellent article about medical mistakes on the front page of the San Antonio Express News this Sunday. The article states that the leading cause of accidental death in America is mistakes made in medical care. According to the Hearst report,

“The Texas discharge records showed there were at least 29 deaths at 15 San Antonio hospitals in 2007 resulting from low-risk procedures.”

In fact, experts estimate that 98,000 people die from preventable medical errors each year, which means that more Americans die each month of preventable medical injuries than died in the terrorist attacks of Sept. 11, 2001.

The official number one cause of accidental deaths in the United States is motor vehicle accidents, accounting for about 43,600 deaths. The next three causes, poisoning, firearms, and falls account for 90,000 deaths. These statistics show that if medical errors and infections were better tracked, they would easily be at the top of the list.

Ten years ago, “To Err is Human: Building Safer Health System,” a highly publicized federal report challenged the medical community to cut it in half within five years. Unfortunately, federal analysts believe the rate of medical error is actually increasing. The report outlined steps that the medical community, the federal government, and most states have failed to take. A national investigation by Hearst Newspapers found that states such as California that have regulations in place often ignore the rules without penalty.

The Texas law that required hospitals to report medical errors expired in 2007, and while lawmakers restored the reporting requirement, it has yet to be funded. A Hearst data analysis showed that in five states – Texas, New York, California, Washington, and Connecticut – only 20 percent of 1,434 hospitals surveyed are participating in two national safety campaigns begun in recent years. Also, a detailed safety analysis examined discharge records from 1,832 hospitals and medical facilities in four of those states (including Texas) and found major deficiencies in patient data that states collect from hospitals. Nevertheless, they still found a minimum of 16 percent of hospitals had at least one death from common procedures.

Originally posted at InjuryBoard by Beth Janicek

Bill to make road safer for Cyclist is vetoed

Beth Janicek — Wed, 24 Jun 2009 16:04:22 GMT

Four million bicyclists in Texas have to be a bit more careful after a bill ensuring safe passing was vetoed by Governor Rick Perry. Texas, a state with a reputation as one of the most unfriendly places to ride a bike, was set to gain a little breathing room on their roads, creating safer streets for not only bicycles, but also pedestrians, highway construction and maintenance workers, people on horseback, motorcyclists, and moped riders, to name a few.

SB 488, or the “Safe Pass” bill, would have required motorists to give a clearance of at least three feet to bicyclists and other vulnerable road users when passing on highways. Governor Perry, who recently broke his collarbone in a mountain biking accident, shocked supporters of the Safe Pass bill by vetoing it along with 35 other bills up for vote this session. This veto came as a surprise to the Texas community with 30,000 active cyclists and an estimated four million residents who ride or own bicycles.

Perry commented on the veto saying that many already have operation regulations, and state law restrictions:

“While I am in favor of measures that make our roads safer for everyone, this bill contradicts much of the current statute and places the liability and responsibility on the operator of a motor vehicle when encountering one of these vulnerable road users,” Perry said in his veto message. “In addition, an operator of a motor vehicle is already subject to penalties when he or she is at fault for causing a collision or operating recklessly, whether it is against a ‘vulnerable user' or not.”

Texas has registered close to 1000 deaths due to vulnerable road users this year alone. The Texas state legislature, in an impressive bipartisan effort, rallied tremendous support behind the Safe Pass Bill. BikeTexas, the Texas Bicycle Coalition, expressed extreme disappointment with the Governor’s veto. AAA, AARP, Texas Motorcycle Rights Association and Texas Towing and Storage Association also voiced disappointment with the veto.

Rick Perry himself is known in the community as an avid street biker.

Quite a bold move for the bike-riding Governor now sharing the road with dissapointed voters in 4,000 pound motor vehciles.

Originally posted at InjuryBoard by Beth Janicek

Topical Anesthetic Kills Two Women

Beth Janicek — Mon, 02 Feb 2009 13:13:12 GMT

Two young women were killed after using topical anesthetic to prepare for laser hair removal. The two women applied the topical anesthetic then wrapped their legs in plastic wrap to increase the cream’s numbing effect. Both women had seizures, fell into comas, and died from toxic effects of the anesthetic drugs. The Food and Drug Administration has issued a Public Health Advisory on the potentially serious risks associated with using topical anesthetics for relieving pain, particularly when used for cosmetic procedures.

These topical anesthetics contain anesthetic drugs such as lidocaine, tetracaine, benzocaine, and prilocaine in a cream, ointment or gel and can be found in prescription and nonprescription strengths. “Topical anesthetics are widely used to numb the skin for medical and cosmetic procedures, and to relieve pain and burning and itching due to a variety of medical conditions.”

However, when the product is used in large amounts, stays on the skin for a long time, or is covered after application, the medicine can pass through the skin into the bloodstream. The anesthetic drugs can also pass into the blood stream if the skin is irritated or has a rash, or if the skin temperature goes up. If the amount of anesthetic reaches the blood in a high amount, it can cause life-threatening adverse effects such as irregular heartbeat, seizures, breathing difficulties, coma, and even death.

The FDA is particularly concerned about the serious public health risks related to compounded topical anesthetic creams and has consequently issued warnings to five firms, Triangle Compounding Pharmacy, University Pharmacy, Custom Scripts Pharmacy, Hal’s Compounding Pharmacy, and New England Compounding Center, to stop compounding and distributing standardized versions of topical anesthetic creams.

According to Dr. Steven Galson, Director of FDA’s Center for Drug Evaluation and Research,

“Compounded topical anesthetic creams, like compounded drugs, are not reviewed by FDA for safety and effectiveness, and are not FDA-approved.”

Certainly, these companies need to be held accountable for any damages that result from the dangerous creams they produce but the facilities who perform the cosmetic procedures and encourage the use or misuse of these dangerous creams also need to be held accountable.

The FDA warns that if you are thinking about having a cosmetic or medical procedure it is very important to use a topical anesthetic that has been approved for that use by the FDA. The advisory goes on to list different issues that are important to consider before the use of a topical anesthetic, such as:

use a topical anesthetic approved by the FDA. Approval information is available by going to http://www.fda.gov/cder/ob/default.htm and typing in the product’s active ingredient or name. If you do not see the product, the product may not be approved.

use a topical anesthetic that contains the lowest amount of anesthetic drugs possible that will relieve your pain. Ask your doctor if the amount of anesthetic drugs in the cream is needed or advised for your procedure. There are medical procedures that use skin numbing products with high concentrations of anesthetic drugs. Ask your doctor what side effects are possible from these drugs and how to lower your chance of having life-threatening side effects from these drugs.

be sure you receive instructions from your doctor on how to safely use the topical anesthetic. This is especially important if you are having a cosmetic procedure because a doctor may not be present when you use the product. Apply as little of the cream to cover the affected skin area for the briefest period possible. If wrapping or covering the skin with any type of material or dressing is recommended or desired, be aware that this step can increase the chance of side effects.

Originally posted at InjuryBoard by Beth Janicek

FDA Only Conducted Half of Food Safety Audits

Beth Janicek — Wed, 27 May 2009 18:40:57 GMT

According to new documents sent to Congress, the Food and Drug Administration only conducted about half of the state food safety audits it promised to do in the two years before the recent peanut salmonella outbreak. The documents show that the agency did not do any of the required audits of the state-run food inspections in five states during 2007-2008. In addition the FDA was unable to say whether audits were conducted at all in an additional 11 states. Georgia and Texas, which were linked to the wide-ranging peanut recall earlier this year, were included in that 11. Only 14 states received 100% of the audits promised.

FDA audits are to ensure that food is inspected properly by states that contract with the FDA to perform safety checks. The FDA has admitted that the food safety program is a turnaround project.

Stephen R. Mason, acting assistant commissioner for legislation at the FDA, said the recent salmonella outbreak “has highlighted limitations in our current approach and has prompted internal discussions on potential enhancements to the audit program.”

In 2000 the Health and Human Services Department, which oversees the FDA, said that the agency needed to place a high priority on better evaluating the effectiveness of state inspections of food production facilities. In response to those recommendations, the FDA set a standard that 7% of all state inspections should be audited by the federal agency. The FDA acknowledges that it has fallen far short of that goal.

In 2006-2007 audits were not done at all in Arkansas, Maryland, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wyoming, and in 2007-2008 audits were not done in California, Iowa, Kansas, Nebraska, and Wyoming. Only 9% of the promised audits were done in California during 2006-2007, in which time an E. coli outbreak in spinach caused three deaths and more than 200 illnesses.

FDA spokeswoman Susan Cruzan said “Although FDA has not been able to fulfill the goal of conducting 100% of the audits expected under FDA’s internal auditing policy, FDA has audited each state at least once, has good knowledge of the state programs and state inspection personnel, and works to improve the programs as needed.”

Congress has since vowed to step up oversight of the FDA. Several members have introduced bills to overhaul the agency, such as proposals to separate its food safety and drug oversight duties, as well as to significantly increase funding.

Originally posted at InjuryBoard by Beth Janicek

Doctor Wins Retaliation Lawsuit against Hospital

Beth Janicek — Tue, 01 Dec 2009 15:41:28 GMT

A radiation oncologist who previously worked for the University of Pittsburgh Cancer Institute won a potential $3 million verdict on charges that she was retaliated against for raising concerns about discrimination. The jury recommended that Dr. Kristina Gerszten be awarded $1.5 million in back pay and $827,292 in front pay from the University of Pittsburgh Cancer Institute. Those figures are only advisory, and it will be up to U.S. District Judge Arthur J. Schwab to determine the final amount the defendant will have to pay. In addition to back and front pay, the verdict includes an addition $200,000 in compensatory damages, as well as $300,000 in punitive damages.

Dr. Gerszten filed a federal lawsuit in September 2008 alleging that she had been discriminated against because of her gender and retaliated against for making the original complaint to hospital officials. The jury did not find any evidence of sex discrimination, but determined that she was retaliated against when the University of Pittsburgh Cancer Institute failed to hire her as a medical director at both UPMC St. Margaret and its facility in Natrona Heights.

Lawsuits against the employer for retaliatory discharge are often difficult cases. Employees who lose their job for the wrong reasons quickly discover that most laws are written against them. Fortunately, Dr Gerszten was able to hold the hospital accountable. We want to encourage people to report suspected wrongs such as discrimination without fear of repercussions.

Originally posted at InjuryBoard by Beth Janicek

Motorcycle Accidents and Helmet Laws

Beth Janicek — Tue, 29 Sep 2009 16:21:24 GMT

Just this morning while looking through the news, I found three articles relating to motorcycle accident deaths in central Texas. The first was a U.S. Army soldier, Luke D. Yustin, 25, from Killeen, Texas who died on Friday in a motorcycle crash in Gillespie County. In the second accident, Errin Johnson, 34, was killed, and her husband, Gerald Johnson, 36, a Bandera County deputy, was seriously injured when their motorcycle was struck from behind by a truck over the weekend. The third motorcycle accident resulting in a fatality this weekend occurred in San Antonio, when Jeffrey McCarty, 47, crashed his motorcycle into an ambulance.

These accidents were extremely unfortunate events that regrettably took the lives of three people. Reading these articles made me wonder whether or not these people were wearing helmets, and what the statistics are regarding motorcycle accidents and the use of helmets.

While researching motorcycle accidents and helmet laws I found that the federal government estimates that per mile traveled, the number of deaths on motorcycles in 2006 was about 35 times the number in cars. In fact, the number of motorcyclist deaths has been rising in recent years, and in 2007, there were more deaths in motorcycle accidents than in any year since the National Highway Traffic Safety Administration (NHTSA) began collecting fatal crash data.

Helmets can decrease the severity of head injuries, the likelihood of death, and the overall cost of medical care. NHTSA has estimated that helmets can reduce the likelihood of a fatal crash by 37%. It is important to know what the helmet laws are in your state if you are considering riding a motorcycle. If your state has a universal helmet law, than a helmet is required for all riders. Partial helmet laws usually only require people under the age of 18 to wear a helmet. The Insurance Institute for Highway Safety has provided an interactive map detailing each state’s helmet laws.

Originally posted at InjuryBoard by Beth Janicek

A Louisiana Crane Company Fined Over Safety Violations After Four Employee Deaths

Beth Janicek — Wed, 28 Jan 2009 13:46:07 GMT

The U.S. government wants to fine Deep South Crane and Rigging due to a crane accident that killed four employees in Houston, Texas. After an investigation that began July 18, OSHA announced that it has issued citations alleging eight violations, six of which are considered serious. These eight violations carry $71,500 in penalties, and the Louisiana based company has 15 business days to either comply, request a conference with OSHA or contest the citations and penalties.

According to a statement released by OSHA, the crane overhauled when the boom reached an unsafe angle, causing the crane to collapse backward striking workers. Mark Briggs, OSHA’s area director for its Houston South Area Office stated that the crane operator was inadequately trained, and the project superintendent did not ensure that the crane did not reach hazardous conditions. This accident is very unfortunate, because if OSHA’s regulations and industry standards had been followed, this tragedy could have been prevented.

OSHA has since responded to the many highly publicized accidents by implementing a Regional Emphasis Program on Crane Safety Standards. Under this program, construction sites are subject to inspection with regards to:

Being stuck by objects
Electrocution
Crane tip-over
Being caught in or between machinery
Falls

According to Regional Administrator Dean McDaniel, “Past inspection evidence indicates these hazards are the leading causes of accidents where cranes are used in the construction industry. This Regional Emphasis Program (REP) was established as an enforcement initiative for the inspection of cranes used in construction, with the goal of preventing serious and fatal injuries to employees working on and around cranes.” The Regional Emphasis Program applies to construction sites in Texas, Arkansas, Louisiana, Oklahoma, and select sites in New Mexico, and require that cranes be inspected prior to each and every use. A complete list of the General Crane Safety requirements (29 C.F.R. 1926.550) can be found here.

Hopefully, these requirements will help restore safety to construction sites, as well as reduce the risk of tragedies, such as this one, from occurring.

Originally posted at InjuryBoard by Beth Janicek

Texas Has the Most 18-wheeler Traffic Fatalities

Beth Janicek — Thu, 09 Oct 2008 17:28:17 GMT

If you commute to work, especially on I-35 or I-10, you probably see many 18-wheeler trucks traveling in both directions. In traffic or out of traffic, fast or slow; big rigs can be intimidating, and if an accident does occur, most passenger cars are not equipped to take on one of these rigs. With problems such as truckers speeding and tailgating, our highways become a dangerous place to share with a vehicle that weighs over 80,000 pounds.

In 2007, Texas had the most traffic fatalities involving an 18-wheeler than any other state. Last year in Texas there were a total of 4845 traffic fatalities, 455 of those involved an 18-wheeler, as reported by the National Highway Traffic Safety Administration. Across the nation last year one out of every nine traffic fatalities involved an 18-wheeler. In addition, 101,000 people in America were injured in an accident with a big-rig.

For more information, check out this website for Road Safe America, an organization dedicated to making the roads safer for passenger cars and trucks. They are joining with the leading trucking companies in a major effort to make the nation's highways safer by petitioning for trucking industry regulations that would slow the maximum speed of large trucks. According to their website:

When tractor-trailers and cars collide in a fatal crash, 98 percent of the fatalities occur in the cars. It's clear why: for a car to have the force of a tractor-trailer, which weighs 80,000 pounds, traveling at 60 mph, it would have to be speeding at over 300 mph. Limiting trucks to reasonable speeds will make our highways significantly safer while preserving truckers' important jobs.

This is one regulation that would certainly make me feel a little safer on the roadway.

Originally posted at InjuryBoard by Beth Janicek

Hospital Fined for Wrong-Site Surgery

Beth Janicek — Fri, 06 Nov 2009 10:10:42 GMT

The Health Department has fined Rhode Island Hospital for $150,000, after a surgical team violated safety policies when it operated on the wrong finger of a patient. This October incident was the fifth-wrong site surgery at this hospital since January 2007. Health Director David R. Gifford said,

“This pattern of surgical errors is completely unacceptable and must be corrected to protect the safety of all patients at the hospital.”

The surgery team failed to properly mark the fingers and failed to follow the rules for “time out,” a pause before the surgery to verify the patient, procedure, and site. The report also said that the hospital was not even following the error-prevention protocol that was adopted statewide on July 1^st. The Health Department reprimanded the hospital, mandated observation of every surgery for a year, required full adoption of the statewide surgical protocol and required the installation of video and audio monitoring in every operating room. The hospital was also given a fine, which was only the second time the state has fined the hospital.

These medical errors should never occur, so five wrong-site surgeries since January 2007 is completely unacceptable. Every facility should have policies and procedure in place to prevent these types of errors from occurring. There should be retribution through the civil court system and through the Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) for people and facilities that violate these procedures.

Originally posted at InjuryBoard by Beth Janicek