Personal Injury and Social Security Disability Blog

Featured Link - 100 Blogs That Will Make You Smarter

The title says it all: 100 Blogs That Will Make You Smarter.

Lawmakers Push Government To Enforce Chemical Ban In Toys

As reported in USA Today, the outgoing Bush administration appears to be trying to protect toy makers that produce toys containing dangerous chemicals, despite legislation outlawing those chemicals. Here are excerpts from the story: 

Congressional supporters of a new law meant to protect children from dangerous chemicals are trying to make sure that the government enforces the legislation as they intended.

Congress in August passed a landmark consumer safety law that raises standards for toys and virtually bans several hormone-like chemicals called phthalates in products for children under 12. 

Lawmakers wanted toys with the controversial chemicals to be off the market when the law takes effect Feb. 10, according to a statement from Sen. Dianne Feinstein, D-Calif., co-author of the ban.

Last week, however, a staff attorney at the agency responsible for carrying out the new regulations — the Consumer Product Safety Commission — released a legal opinion stating that stores may continue to sell toys with phthalates, as long as those items were made before Feb. 10. That could allow toys with phthalates to remain on the shelves for years, with no way for parents to know which toys contain the chemicals, Feinstein says.

Feinstein and others are concerned about phthalates — which are found in countless consumer products, from shower curtains to raincoats — because studies show they affect the hormone system. An October study, for example, found that baby boys born to mothers with high phthalate levels were more likely than others to have undescended testicles and small penises. Scientists say people can be exposed to phthalates through dust, and that babies can be exposed by chewing on toys such as rubber bathtub ducks.

The safety commission's general counsel, Cheryl Falvey, has said that lawmaker's intentions weren't clear.

Falvey's interpretation of the safety bill "is harmful to our children and a blatant disregard for the law," Boxer said in a statement. "Ms. Falvey's claim that our intent was not clear is a pathetic and transparent attempt to avoid enforcing this law. It is beyond me that as they exit the scene, this administration is still carrying out its malicious actions to weaken environmental protection for our families."

Friday Fun

With a hat tip to Bob Ambrogi, comes this startling announcement from the American Bar Association: 230,000 defective lawyers have been recalled!

Featured Link - BlackFriday.info

I hope each of you is having a wonderful Thanksgiving today, and that you are surrounded by friends and family.

For those of you brave enough to fight the mall crowds tomorrow, take a look at BlackFriday.info to learn about all the specials that will be waiting for you. Happy Shopping!

Keeping Kids Safe During The Holidays

This post was contributed by Kelly Kilpatrick, who writes on the subject of nursing assistant exams. She invites your feedback at kellykilpatrick24 at gmail dot com.



The holiday season is upon us and many people are making their gift lists and hitting stores to find the best deals on the hottest toys for the children in their lives. But before you purchase that new toy, there are some things you should know to keep your children safe. To help with this, the Keenan's Kids Foundations released its annual report of the "Top Ten Most Dangerous Toys."

As many as 20% of toys currently available at many retailers do not pass governmental safety standards. This staggering number indicates toy makers still feel it is the consumer's responsibility to ensure the toys they're buying are safe.



The list of toys is available here: http://www.keenanskidsfoundation.com
.

These are not isolated cases of unsupervised children or neglectful parents. Last year, there were 18 toy-related deaths in the United States. This year that number may rise as people choose quantity over quality during tough economic times.



There are some alarming statistics regarding toy safety:


•    About 170,100 hospital emergency room visits involved treating toy-related injuries to children 15-years-old or younger.

•    Deaths resulting from toy injuries were predominantly caused by airway obstruction from small toys.

•    Most injuries included lacerations, contusions and abrasions; the head and face were affected most often.

•    The Consumer Protection Safety Commission (CPSC) top five toys to watch out for in 2008 include toys with chargers/adapters, magnets, balloons, small pieces and riding toys.


Tips for keeping children safe at play:

•    Never leave your children unattended when playing, especially with new toys.

•    Avoid giving small children toys with small or loose parts. They can present a choking hazard.

•    Ensure toys are age appropriate and children understand how to play with them safely.

•    Discard any toy that is broken or has loose parts. Do not attempt to repair them yourself.

•    Report unsafe design flaws to the manufacturer so they can assess whether a recall is appropriate.



While no toy can be considered 100% safe, with a little research and close supervision, toys given during this holiday season will bring nothing but joy to the children who receive them.

Medicaid Covering Unapproved Drugs

Our tax dollars at work - Medicaid is risking patients lives by authorizing potentially dangerous drugs. As reported in the Dallas Morning News, Medicaid has paid at least $200 million since  2004 for medicines that have never been reviewed by the government for safety and effectiveness but still are covered under Medicaid. Excerpts from the article:

The availability of unapproved prescription drugs to the public may create a dangerous false sense of security. Dozens of deaths have been linked to them, records show.

The medications date back decades, before the Food and Drug Administration tightened its review of drugs in the early 1960s. The FDA says it is trying to squeeze them from the market, but conflicting federal laws allow the Medicaid health program for low-income people to pay for them. The FDA says there may be thousands of such drugs on the market.

The FDA and Medicaid are part of the Health and Human Services Department, but the FDA has yet to compile a master list of unapproved drugs, and Medicaid – which may be the biggest purchaser – keeps paying.

Medicaid officials acknowledge the problem, but they say they need help from Congress to fix it, officials said.

BACKGROUND: FDA REVIEWS

•In 1962, Congress ordered the Food and Drug Administration to review all new medications for effectiveness. Thousands of drugs already on the market were also supposed to be evaluated.

•Some manufacturers claimed their medications were "grandfathered" under earlier laws, and even under the 1962 bill. However, the FDA is skeptical that any drugs on the market are entitled to grandfather status.

•In the early 1980s, an older medicine, E-Ferol, a high-potency vitamin E injection, was linked to serious reactions in some 100 premature babies, 40 of whom died. The FDA began a program to weed out such drugs.

•Last year, the FDA banned unapproved cough medicines containing hydrocodone, a potent narcotic. Some had directions for treating children as young as age 2, although no hydrocodone cough products have been shown to be safe and effective for children under 6.

 

Featured Link - SafeManuals.com

I have a bad habit of putting manuals and instructions for cameras, computers, etc. in safe places where I can never find them again. A site like SafeManuals.com helps me by proving user manuals for dozens of manufacturers and hundreds of products online for me to download as necessary. If you've lost a manual, check out this site. Here is the description from the site:

 

How many user manuals available only on cd-rom, on the internet? They are sometimes very hard to get your hands on. And will they be here when you get back? What can you do when an e-bay auction you won ends with you getting the item without the instructions? On this site you will easily be able to find the required instructions guides and user manuals that you need.

Featured Link - SurvivorCorps.com

SurvivorCorps.com explains their purpose very well. Also be sure to find out how you can help our returning troops.

Breaking the Cycle of Violence:

Survivor Corps is a global network of people helping each other to overcome the effects of war and conflict and give back to their communities.

In 2008, Survivor Corps grew from Landmine Survivors Network. The organization has expanded its mission to help all survivors of war. Landmine Survivors Network was co-founded in 1997 by two landmines survivors, Jerry White and Ken Rutherford. From the late Princess Diana of Wales to Her Majesty Queen Noor of Jordan the organization received support, praise and partnerships at the highest levels.

Survivor Corps focuses on the unique contribution and leadership of conflict survivors because we believe no one is better equipped and motivated to break cycles of violence than those who have survived war.

Our programs currently help survivors in: Albania, Armenia, Azerbaijan, Bosnia-Herzegovina, Burundi, Colombia, Croatia, El Salvador, Ethiopia, Georgia, Jordan, Kosovo, Macedonia, Montenegro, Serbia, Uganda, Rwanda, United States and Vietnam.

Friday Fun

In the spirit of Jay Leno's Headlines, here are some marriage announcements of couples who should not hyphenate their last names.

Featured Link - Tricks of the Trade: How Insurance Companies Deny, Delay, Confuse and Refuse

The American Association for Justice has published an interesting and helpful article titled Tricks of the Trade: How Insurance Companies Deny, Delay, Confuse and Refuse. The topics include:

Denying Claims
Delaying Until Death
Confusing Consumers
Discriminating by Credit Score
Abandoning the Sick
Canceling for a Call

Here is the summary — What you can do about it:

READ YOUR POLICY CAREFULLY: You should
know exactly what is covered and how to appeal a
denial by your insurance company.

BE VERY CAREFUL FILLING OUT FORMS:
Even if you make an honest mistake your insurance
company may seize on that as a reason to retroactively
deny your coverage.

DO NOT CASH A PREMIUM REFUND CHECK:
If your insurance company rescinds your insurance they
may send you a refund for the premiums you paid.
Cashing it may be interpreted as accepting their
decision.

PUT EVERYTHING IN WRITING:Calling your
insurance company is likely to be a frustrating
experience, and you will not be able to prove anything
that a company representative tells you over the phone.
Keep records of all bills and correspondence.

CONTACT YOUR STATE INSURANCE
DEPARTMENT:They may be able to help you.
But they will not represent you in a private matter,
so if all else fails you may need to consult with an
attorney.

AND MOST OF ALL, DO NOT GIVE UP:
Insurance companies count on you giving up.
Fight for your rights.