Daily Legal News - Edgar Snyder & Associates

Teens Express Views on Texting While Driving

Tue, 11 Aug 2009 15:50:00 EDT

A new study has found that approximately half of teens ages 16 and 17 who own cell phones have talked on the phone while driving. About one-third of those same teens have texted behind the wheel.

These statistics were found by the Pew Research Center's Internet and American Life Project, which interviewed 800 teens last summer. During focus groups it was found that some teens wouldn't acknowledge the danger of using a cell phone while driving. Others said they thought it was unsafe and that their parents engage in the practice most often.

Some teens said that a desire to stay connected with friends prompts them to use their cell phones when they drive. To reduce the danger, however, they said they have a passenger text for them, only text at red lights, or hold the phone up high so they can keep their eyes on the road.

Police to Crack Down on Peephole Driving

Fri, 13 Nov 2009 16:09:00 EDT

Winter is around the corner and police are gearing up to crack down on "peephole drivers," or those who scrape off just enough ice and snow from their windshield to be able to see. Peephole driving not only interferes with a driver's quality of vision, but pieces of ice or snow can dislodge and hit another vehicle or pedestrian.

A few states have enacted laws that target peephole driving. In Pennsylvania, drivers can be cited if injury or property damage results from failure to remove snow or ice. In states like Illinois, police can cite drivers merely for obstructed vision or obstruction of a window.

There are no official statistics on peephole driving and how many car accidents it causes, but some police officers say they have noticed an increase in the practice. One state trooper estimates that peephole drivers only have two to three percent of their normal field of vision.

Strollers Recalled by Maclaren Caused Amputations

Tues, 10 Nov 2009 16:05:00 EDT

Almost 1 million Maclaren strollers have been recalled after at least 12 reported finger amputations. The amputations occurred when babies or toddlers got their fingers stuck in the strollers' hinges.

The following models are included in the recall: Volo, Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno and Easy Traveller. They were sold in the United States at retailers such as Target and Babies R Us and open with an "umbrella" mechanism.

Consumers are urged to stop using the dangerous products immediately and to contact Maclaren for a free repair kit.

Byetta Now Linked to Kidney Problems

Fri, 06 Nov 2009 16:04:00 EDT

Diabetes drug Byetta is now facing even more problems. From 2007-2008, more than 30 people taking Byetta suffered from pancreatitis, resulting in at least six deaths. This month, the Food and Drug Administration (FDA) announced that people taking the drug may also be at risk for kidney problems, including kidney failure.

The FDA said that it will update Byetta's label to warn consumers about this possible side effect. From April 2005 through October 2008, the agency received 78 reports of kidney problems linked to the dangerous drug. Four patients died, two required kidney transplants, 18 needed dialysis, and 91 percent of the patients were hospitalized. Some patients had kidney disease before they started Byetta, but others developed problems after taking the medication.

Kidney problems sometimes have no symptoms, but symptoms can include changes in urine color, swelling that starts in the feet and legs, fatigue, nausea or vomiting, and trouble sleeping. Almost 7 million Byetta prescriptions were written between 2005 and 2008. It is a synthetic version of a compound found in the venom of a Gila monster.

Ground Beef E. Coli Recall Affects Pennsylvania

Mon, 02 Nov 2009 16:15:00 EDT

Ground beef distributed in Pennsylvania may be linked to food poisoning that has led to illnesses and two deaths in several New England states. As a result, more than 540,000 pounds of ground beef sold by Fairbank Farms has been recalled.

Illnesses have been reported in New Hampshire, Connecticut, Maine, and Massachusetts; one death has been reported in New Hampshire; and another death has been reported in New York. Officials said that the victims ate meat that may have been contaminated with E. coli.

The U.S. Department of Agriculture said that the meat linked to the food poisoning was sold at retail stores, including Trader Joe's, Price Chopper, Lancaster, Wild Harvest, Shaw's, BJ's, Ford Brothers, and Giant. Each package has "EST. 492" inside the USDA inspection mark or on the nutrition label. In addition, ground beef packaged under the Fairbank Farms name was distributed to stores in Pennsylvania, Maryland, New Jersey, New York, Massachusetts, North Carolina, and Virginia for additional processing.

Recreational Vehicle Injuries Continue to Increase

Fri, 30 Oct 2009 16:06:00 EDT

The popularity of recreational vehicles is increasing, and so is the number of injuries and fatalities related to them. Along with a special warning from the Consumer Product Safety Commission (CPSC), two recent recalls highlight the dangers of these vehicles.

Bad Boy Enterprises has recalled about 3,900 of its off-road vehicles due to 32 reports of unexpected acceleration, which resulted in fractured toes, rotator cuff injuries, and sore muscles. Zero Motorcycles has recalled approximately 200 of its off-road motorcycle units due to three reports of unexpected acceleration and complaints regarding the throttle sticking. These defects have resulted in injuries as well.

With the intent of reducing deaths and injuries, the CPSC has voted to distribute an advance notice of projected rulemaking to address safety hazards associated with Recreational Off-Highway Vehicles (ROVs) in particular. Evaluations by the CPSC staff have revealed that the vehicles show evidence of insufficient lateral stability, flaws in steering usage, and inadequate occupant protection during rollover crashes.

GAO Investigates FDA's Accelerated Approval Program

Tues, 27 Oct 2009 15:50:00 EDT

According to the Government Accountability Office (GAO), the Food and Drug Administration (FDA) has allowed drugs to stay on the market even when follow-up studies found that they weren't effective. This and other practices are under review by the GAO, which investigated the FDA's "accelerated approval program."

The program is used to approve drugs for the most serious conditions and is intended to quickly make available medications that are anticipated to be effective. However, a condition of the program is that drug manufacturers conduct follow-up studies to confirm the drug's benefits.

A report from the GAO says that only 64 percent of the studies required under the program have been completed; one-third are pending; and in the 16 years that the FDA has used accelerated approval, it has never recalled a drug due to missing or unsatisfactory follow-up data.

The GAO concluded that the FDA has no official policy for pulling drugs off the market under the accelerated approval program. The FDA responded that it would be nearly impossible to create a standard policy for withdrawals, due to the unique circumstances of individual drugs.

Car Seats Can Be Dangerous Outside of Vehicles

Thu, 22 Oct 2009 15:41:00 EDT

Many parents take advantage of the convenience of today's car seats, using them as handheld baby carriers and snap-in seats for strollers. According to experts, however, this is not always safe for your infant.

Almost 9,000 infants end up in the emergency room each year because their car seats are used improperly outside the car. A recent study found that most injuries occurred when the car seat fell off of a table, countertop, or other high surface. Other injuries occurred when infants, not securely buckled, fell out of the seat, and when the seat flipped over on soft or unstable surfaces causing the infant to suffocate.

Some pediatric orthopedists believe that hospitals, medical societies, and manufacturers should warn parents about the dangers of misusing car seats. Experts suggest that if you are using a car seat outside of the car, it should be placed on a stable surface, where there is no danger of falling over. Car seats perform much better inside cars, reducing the odds of a baby dying in a crash by 75 percent.

Baby Food Recalled, Botulism Contamination Suspected

Wed, 22 Oct 2009 16:08:00 EDT

Plum Organics has announced that it is recalling one lot of its baby food sold nationally at Toys-R-Us and Babies-R-Us. The Apple and Carrot Portable Pouch baby food could be contaminated with Clostridium botulinum, which can cause botulism, a potentially life-threatening illness.

The baby food is sold in 4.22-ounce pouches, with a "best by" date of May 21, 2010 and UPC code 890180001221. The company said that the product was improperly mixed and did not meet the FDA guidelines for acidity levels. They urge consumers to throw the baby food away, even if it looks normal. Botulism can lead to muscle paralysis and, in some instances, respiratory failure.

Approximately 100 cases of botulism are reported in the United States every year, with infants accounting for the majority of infections. Symptoms of botulism in children and adults include abdominal cramps; difficulty breathing, speaking, and swallowing; vomiting; and double vision. Symptoms of botulism in infants include constipation, difficulty breathing, muscle weakness, poor feeding, weak cry, and weak sucking.

Bicycle Injuries on the Rise, According to New Study

Tue, 20 Oct 2009 16:12:00 EDT

A new study conducted by researchers at the University of Colorado suggests that bicyclists are experiencing higher injury rates and longer hospital stays than ever before. According to observations over the past 11 years at a Denver Trauma Center, bicyclists are suffering from head injuries, chest and abdominal injuries, damage to spleens and livers, internal bleeding, rib fractures, and hemothorax.

Denver is a large bicycle community comprised of well-developed bike pathways. Researchers say that if this metropolitan area is facing higher bicycle injury rates, there is cause for concern about the rest of the nation where under-developed pathways may exist. Furthermore, they say that the use of bicycles is increasing nationally, so more problems could be looming in the future.

Researchers found bicyclists to be a part of the problem. Helmet use did not increase over the study period, and more than one-third of injured cyclists suffered from a significant head injury.

Food Safety Laws Overhauled in New Proposal

Fri, 16 Oct 2009 16:04:00 EDT

Plans for significant changes to food safety laws have been introduced by lawmakers in an effort to improve food inspections, regulations, recall responses, and public education on food safety. The primary building block behind the plan is enacting new laws mandating E. coli inspections of ground beef.

The new changes will alter the traditional approaches to food safety by concentrating on catching food poisoning outbreaks early on and preventing further illnesses. Some of the proposed changes include:

Streamlining and strengthening regulations at the U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA); Imposing penalties for companies failing to implement new testing mechanisms at their facilities via the E. Coli Eradication Act; Making recalls of contaminated food mandatory.

The responsibility of enforcing United States food safety is shared by 15 federal agencies, with the FDA and USDA taking on the majority of the load. Although the FDA has a large responsibility, the agency is often limited to reactive regulations after outbreaks have already begun.

Ford Expands Vehicle Recall Due to Fire Risk

Fri, 16 Oct 2009 10:18:00 EDT

Faulty cruise control switches that can cause fires have prompted Ford to further expand an ongoing recall. This brings the total number of recalled automobiles to 14.3 million.

The most recent recall involves the following models: 1995-2003 Ford Windstar; 2000-2003 Ford Excursion diesel; 1993-1997 and 1999-2003 Ford F-Super Duty diesel; 1992-2003 Ford Econoline; 1995-2002 Ford Explorer; 1995-2002 Mercury Mountaineer; 1995-1997 and 2001-2003 Ford Ranger; and 1994 Ford F35 Motorhome.

Over the past 10 years, hundreds of complaints and dozens of lawsuits have been filed over fires allegedly caused by the faulty switches. Past recalls included some of Ford's most popular brands, like the F-series of pickup trucks.

Investigators have discovered that the defective switches, made by Texas Instruments, can leak internally, overheat, and potentially ignite. There have also been four reports of leaking fluid damaging the antilock brake control module, resulting in a fire.

Vehicular Deaths Are Down, But Motorcycle Deaths Rise

Tue, 13 Oct 2009 16:02:00 EDT

There's good news and bad news for United States motorists - traffic accident deaths have dropped almost 18 percent since 2005, according to statistics released by the Transportation Department. However, trending in the opposite direction are motorcycle deaths, which rose steadily through the end of last year.

Government officials and safety experts said that the reasons behind the decrease in vehicular deaths could include: Poor economy and high gas prices reducing the number of miles driven; Safer cars with air bags, antilock brakes, and stability control systems; A decrease in drunk driving accidents; Safer construction of highways; Restrictions for teen drivers; Increased seat belt use.

Despite the decreases, Transportation Secretary Ray LaHood stresses that traffic fatalities are still too common. In the first half of this year, 16,626 people were killed in crashes. Experts said that there are a few areas that especially need improvement, including driving while drowsy and using electronic devices, like cell phones, behind the wheel.

Another area that may require more attention is motorcycle accidents. Fatalities were on the rise through the end of 2008 (no data was available for the beginning of 2009). There were 5,290 deaths last year, composing 14 percent of all fatalities, compared to 2,116 in 1997, which accounted for 5 percent of all fatalities.

Car Accidents Are Deadlier on Rural Roads

Thu, 08 Oct 2009 16:05:00 EDT

With less traffic and more open roads, most drivers probably feel safer on rural roads than on busy urban streets. However, recent findings from the National Highway Traffic Safety Administration show that this is not the case.

In 2008, 56 percent of the 37,261 traffic deaths in the United States occurred on rural roads. In Pennsylvania, 828 of the 1,468 traffic deaths occurred in rural areas, also comprising 56 percent of all traffic deaths. In Ohio and West Virginia, the percentage of rural fatalities was even higher, at 64 percent and 69 percent respectively.

While there are more crashes in urban areas, the accidents aren't as deadly. It has been noted that people tend to driver faster on rural roads, drive while drunk more often, and wear their seatbelts less frequently, all of which increase the likelihood of death or severe injury in the event of an accident. Furthermore, the roads in rural areas are not as developed as those in urban settings, making the delivery time of acute medical care slower.

Food Poisoning Culprits: Riskiest Foods Identified

Wed, 07 Oct 2009 15:59:00 EDT

The Center for Science in the Public Interest, a nutrition advocacy group, has compiled a list of the foods that pose the greatest risk of food poisoning. At the top of that list are foods that are highly touted for their health benefits - leafy greens like lettuce and spinach.

Following leafy greens are eggs, tuna, oysters, potatoes, cheese, ice cream, tomatoes, sprouts, and berries. The following are the pathogens most commonly linked to some of the foods as well as the most likely causes of contamination: Leafy greens - E. coli, Norovirus, and Salmonella; improper washing. Eggs - Salmonella; undercooking. Cheese - Salmonella; improper processing. Tomatoes - Salmonella; eating them raw. Potatoes - Salmonella and E. coli; mixing. Tuna - Toxins that emit from deteriorating, unrefrigerated fresh tuna. Oysters - Norovirus; improper washing. Ice cream - Salmonella from undercooked eggs.

Scientists rated the foods according to the number of outbreaks linked to them since 1990. Over the past 20 years, leafy greens have caused 363 outbreaks, leading to 13,568 illnesses. Berries, number 10 on the list, were linked to 25 outbreaks and 3,397 illnesses.

Distracted Driving Summit to Address Texting and Driving

Thur, 01 Oct 2009 16:07:00 EDT

More than 300 lawmakers and transportation experts are in the midst of a "distracted driving summit," a meeting intended to address roadway hazards. At the beginning of the summit, U.S. Transportation Secretary Ray LaHood called distracted driving a "menace to society."

According to the Obama administration, there were 6,000 people killed and 500,000 injured last year in crashes linked to driver distractions, including texting while driving. Secretary LaHood said that he will offer recommendations that could necessitate new restrictions on the use of cell phones behind the wheel. He said that on any given day last year, more than 800,000 people were using hand-held devices while they operated their vehicles.

In July, some lawmakers introduced legislation that would require states to ban texting and emailing while driving or face losing 25 percent of their annual federal highway funding. The administration hasn't taken an official stance on the initiative, but LaHood said he wants the summit to lay the foundation for finding ways to eliminate texting while driving.

Toyota Floor Mat Recall Is the Largest Ever

Wed, 30 Sept 2009 16:08:00 EDT

Toyota has launched its largest recall ever due to sliding floor mats that may have caused a fatal crash in Texas. The automaker has warned the owners of 3.8 million Toyota and Lexus vehicles to remove the driver's side floor mat immediately.

The federal government says it has received 102 reports of jammed accelerators in Toyota and Lexus models, including 13 crashes, five deaths, and 17 injuries. Four people died in a late August car accident when a Lexus crashed at about 120 mph. In a 911 call, the passengers said the accelerator was stuck and they couldn't turn off the engine. The following are models affected by the recall: 2007-10 Camry; 2005-10 Avalon; 2007-10 Tundra; 2005-10 Tacoma; 2004-09 Prius; 2007-10 Lexus ES 350; 2006-10 Lexus IS 250/350.

The company has asked owners to completely remove the driver's side mat - even replacing it with a paper mat could be dangerous, since it can slide and jam. Toyota is working on a replacement mat or other solution.

Rollover Accidents: Risk Factors and Safety Tips

Tues, 29 Sept 2009 16:06:00 EDT

Rollover accidents are responsible for almost one-third of all vehicle crash deaths. While any vehicle can be involved in a rollover, there are certain risk factors that make these accidents more likely.

According to the National Highway Traffic Safety Administration, the following can increase your chances of being involved in a rollover accident: SUVs - narrow vehicles with higher centers of gravity are more susceptible; Speeding - 40% of fatal rollover accidents are caused by speeding; Alcohol - 50% involved drinking and driving. In addition, 72% of people in fatal rollovers weren't wearing seatbelts and 75% of the accidents happened in rural areas.

The following are six tips to help you avoid rollover accidents: Stay in control - avoid speeding, alcohol, drugs, and driving while drowsy; Maintain your vehicle's tires; Don't overload your SUV; Be especially careful on rural roads; If your vehicle veers off the road, don't brake suddenly - reduce speed gradually and ease back onto the road; Research cars before you buy, using sites like the NHTSA's New Car Assessment Program.

Personal Help Buttons a Potential Choking Hazard

Mon, 28 Sept 2009 16:08:00 EDT

Philips Lifeline, a medical service designed to reduce the risk of living alone for the elderly, considers its personal help button to be "great looking," "comfortable and convenient," and "flexible." Sounds great? Think again.

Recently, the Food and Drug Administration (FDA) issued a warning to users of the personal help buttons, which are worn around the neck on a cord. The buttons present a potential choking hazard because they are designed to remain in place when pulled, ensuring that they don't accidentally fall off. This same feature increases the risk that, if caught on a wheelchair, walker, bed with guard rails, or any other object, the defective devices could choke the wearer.

The FDA is currently aware of at least six reported choking injuries and deaths between 1998 and 2009 that occurred when the cord on the button became entangled with other objects. Over 500,000 of the devices are being used in the United States and Canada.

Breast Cancer Drugs Raloxifene and Tamoxifen Increase Blood Clot Risk

Tues, 22 Sept 2009 15:44:00 EDT

Recent data have revealed that raloxifene and tamoxifen, drugs taken to reduce the risk of breast cancer, put women at a greater risk for serious health problems. Doctors and their patients are urged to weigh the drugs' benefits against their risks.

A new study found that women who took tamoxifen had a higher risk of cataracts and blood clots compared to those who took raloxifene. Patients who took tamoxifen also had twice the risk of endometrial cancer (uterine lining) as those who didn't take the drugs. Blood clots can lead to heart attacks and strokes, and endometrial cancer may require a hysterectomy.

Tamoxifen and raloxifene are selective estrogen-receptor modulators (SERMs), a class of drugs that reduces the risk of invasive breast cancer in at-risk women. For every 1,000 women who take the drugs each year, seven to 10 fewer cases of breast cancer will develop. For every 1,000 women who take tamoxifen each year, four to seven additional cases of blood clots occur.

Household Cleaners Linked to Asthma, Birth Defects, and Fertility Problems

Fri, 18 Sept 2009 16:04:00 EDT

Many parents worry about their children's safety when they leave the confines of their home, but a recent finding has shown that parents may now have to be cautious about what they bring into their homes.

Manufacturers of detergents, household cleansers, and furniture polish are facing questions from consumers regarding the chemicals in their products. Although many of the chemicals are present only in small amounts, some have been associated with asthma, birth defects, and fertility problems in higher doses. Furthermore, even if the amounts are low, consumers are still concerned about the effects of using these products over the course of a lifetime.

A few manufacturers, like S. C. Johnson, which makes Windex, Shout stain remover, and Glade air fresheners, put all ingredients on product labels. Presently, the government requires only that ingredients posing an immediate danger be included. Some lawmakers argue, however, that consumers have a right to know exactly what is in their kitchen and bathroom cabinets.