Personal Injury and Social Security Disability Blog

Toyota Alleged to Keep Tight Lid on Potential Safety Problems

An extensive investigation by the Los Angeles Times shows what that newspaper says is a deliberate attempt by automaker Toyota to deny vehicle defects and delay product recalls. The entire article is well worth reading. These are only the opening paragraphs:

During a routine test on its Sienna minivan in April 2003, Toyota Motor Corp. engineers discovered that a plastic panel could come loose and cause the gas pedal to stick, potentially making the vehicle accelerate out of control.

The automaker redesigned the part and by that June every 2004 model year Sienna off the assembly line came with the new panel. Toyota did not notify tens of thousands of people who had already bought vans with the old panel, however.

It wasn't until U.S. safety officials opened an investigation last year that Toyota acknowledged in a letter to regulators that the part could come loose and "lead to unwanted or sudden acceleration."

In January, nearly six years after discovering the potential hazard, the automaker recalled 26,501 vans made with the old panel.

In a statement to The Times, Toyota said that there was no defect in the Sienna and that "a safety recall was not deemed necessary" when it discovered the problem in 2003. The company called the replacement part "an additional safety measure."

A peerless reputation for quality and safety has helped Toyota become the world's largest automaker. But even as its sales have soared, the company has delayed recalls, kept a tight lid on disclosure of potential problems and attempted to blame human error in cases where owners claimed vehicle defects.

The automaker's handling of safety issues has come under scrutiny in recent months because of incidents of sudden acceleration in Toyota and Lexus vehicles, which The Times has reported were involved in accidents causing 19 fatalities since 2001, more deaths from that problem than all other automakers combined.

After Toyota this fall announced its biggest recall to address the sudden-acceleration problem, it insisted publicly that no defect existed. That drew a rare public rebuke from the National Highway Traffic Safety Administration, which chastised the automaker for making "inaccurate and misleading statements."

Texas Homeowners' Insurance Rates Drop to Number Two

That headline is misleading, because homeowner insurance rates for Texans have actually risen, again, as always. The tiny sliver of good news for us is that Florida homeowner rates have risen even further than Texas, so we have temporarily lost our long-held position as the state with the highest insurance rates in the nation. I have written about this several times before, as it is one of my pet peeves. Yes, we do have unpredictable weather and occasional natural disasters in Texas. But so do most of the other 49 states.

What Texas has that the other states don't have is a completely ineffectual insurance oversight system. The insurance regulators in Texas are owned by the insurance companies, and consumers simply have no defense against rate increases here. The Dallas Morning News published an article about the change in our standing, based on a new study done by the National Association of Insurance Commissioners on 2007 rates. Here are excerpts:

It found that the average annual premium in Texas for the most common homeowner policy was $1,448 a year, 76 percent higher than the national average of $822.

In Florida, the average premium was $1,534. That reflected a one-year average increase of $148, while in Texas, the bump was $39.

Industry spokesmen said the study supports their often-repeated argument that Texas' hurricanes, tornadoes, ice and hail storms and wildfires drive the state's high premiums for home insurance.

A consumer group leader responded that the data confirm what most Texas homeowners have been experiencing the last several years: rising insurance premiums and reduced coverage.

Alex Winslow of Texas Watch, a consumer group active in insurance issues, said weak state regulation and flawed 2003 legislation are also to blame, not just weather.

"The industry for years has been wanting to show that Florida is more expensive than Texas. My response to that is, big deal. So we're both paying through the nose," Winslow said. "Being No. 2 is nothing to proud of."

The states with the highest average homeowners' insurance premiums in 2007, according to a new national study, and their change from 2006:

State Average premium Change
Florida $1,534 Up 10.7%
Texas $1,448 Up 2.8%
Louisiana $1,400 Up 11.4%
Oklahoma $1,054 Up 3.5%
Massachusetts $1,023 Up 10.6%
Mississippi $1,019 Up 2.1%
Rhode Island $950 Up 3.4%
New York $936 Up 7.7%
Connecticut $929 Up 5.8%
California $925 Down 1.3%
National average $822 Up 2.2%
SOURCE: National Association of Insurance Commissioners

Recall of Tylenol Arthritis Pain Caplets Expanded

 

NBC Nightly News (12/29, story 6, 0:25, Williams) reported, "The drugmaker Johnson & Johnson is expanding its own voluntary recall of one of its Tylenol products."

The Chicago Tribune reports that J&J "is expanding a voluntary recall of Tylenol Arthritis Pain Caplets due to consumer reports of a moldy smell that can cause nausea and sickness."

Specifically, "according to a statement posted to the Food and Drug Administration website late Monday, the company is now recalling all product lots of the Arthritis Pain Caplet 100 count bottles with the red EZ-Open Cap," the AP (12/30) reports. The company "had recalled five lots of the product last month after consumers complained of a musty, mildew-like odor that triggered nausea, stomach pain, vomiting, and diarrhea."

The New York Daily News explains, "The pills' musty odor comes from trace amounts of a chemical known as 2, 4, 6-tribromoanisole...which is believed to be from the breakdown of another chemical in wooden pallets used to transport and store the drugs." So far, "the health complaints have been 'temporary and nonserious,' according to a press release by McNeil Consumer Health Care, the division of J&J that sells Tylenol, although the health effects of the chemical have not been studied."

From the American Association for Justice news release.

Brake Failures Alleged for Toyota Prius

An article at TheDetroitBureau Web site points to more potential problems for Toyota. This time the alleged defect concerns the brakes on the new Prius model. In this new version of the popular hybrid, the battery recharges as the vehicle decelerates. To quote the article, "...it appears that the transition from regenerative braking to hydraulic braking is not transparent to drivers. Under certain conditions, the driver needs to press harder on the brake pedal to obtain the same stopping performance the regenerative system working in conjunction with the hydraulic brakes initially provides. Drivers are clearly upset by longer than expected stopping distances." Here are other excerpts:

Dozens of owners of the current third generation Toyota Prius models have filled complaints with the National Highway Traffic Safety Administration about the alleged brake failures they have experienced.

“What I, and others have been experiencing, is certainly not “runaway acceleration” or anything to do with pressing the gas pedal,”  Robert Becker, an unhappy owner of a 2010 Prius, told TDB.

“But rather the loss of braking power or braking momentum when hitting a pothole, manhole cover, or the like. This requires the driver to press down again harder on the brakes to slow or stop the car,” Becker says.

Becker’s complaint is typical of others that ODI is tracking from owner communications on its Auto Safety Hotline. However, the existence of complaints does not mean the government will ultimately pursue the matter. The next step would be to open up an engineering investigation, one that has not been taken thus far.

Here is another Prius driver filing: “There have been several incidents in which my car seemed to surge forward while I was in the process of braking and hit a bump, railroad tracks or pothole. Initially, I convinced myself I must have been letting up on the brake when I hit the bump, but when this same thing happened three  days ago on slippery, icy roads, I knew for 100% certain I had not let up on the brake. My car surged as I was slowly pulling up to a stop sign and gently braking. I came very close to hitting the car in front of me, had to push down on the brakes very hard, which activated the abs.”
I think what is going on is a combination of design/calibration choices and the compounding effects, forgive the pun, of the low rolling resistance tires, suspension settings and perhaps vehicle weight.
The Prius is arguably Toyota’s strongest image vehicle, dominating the hybrid segment as the best seller with more than 1 million in sales to date, and disproving other automakers’ contentions that Japanese companies only copied instead of innovating.

A Toyota spokesperson initially told TDB that he was unaware of the issue, but Toyota quickly supplied the following statement: “We are aware of the complaints filed with NHTSA. The agency has not opened an investigation. We are investigating the issue based on internet traffic, customer comments to Toyota Customer Relations, and NHTSA complaints. It is too early to speculate the final conclusion(s) of our investigation and subsequent actions.”

Boston Scientific Pays $22 Million in Dispute Over Alleged Guidant Kickbacks

The AP reported that "heart device maker Boston Scientific will pay $22 million to resolve allegations its Guidant division paid kickbacks to doctors to get them to use its heart devices" according to US attorneys. The physicians received between $1,000 and $1,500 "each in 2003 and 2004 to participate in four studies, called RaCE, RaCE II, RaCE III, and MERITS," the Justice Department said.

Bloomberg News reported that the studies were "designed to assess the performance of pacemakers and defibrillators, the US Department of Justice said...in a statement." But, the company was really "paying doctors to select Guidant devices over competing products, the government said." In a statement, US Attorney Carmen Ortiz wrote, "Although medical-device and pharmaceutical companies can use post-market studies legitimately to obtain information about how their products work in the field, they cannot use those studies, and the honoraria associated with them, to induce physicians to use their products."

Dow Jones Newswire reported that in addition to paying the $22 million, Boston Scientific has also said it would adhere to a corporate integrity agreement with the Department of Health and Human Services.

From the American Association for Justice news release.

Manufacturers Of Children's Products Must Keep List of Purchasers

As reported by the Associated Press, the Consumer Product Safety Commission is going to require the manufacturers of products for infants and toddlers to find ways to contact consumers who have purchased their products. In that way, the manufacturers can alert the consumers directly in case of a product recall or safety concern. This would include makers of cribs, strollers, changing tables, and other items. Here are excerpts from the article:

Under the new rule, manufacturers will have to provide postage-paid registration forms with every infant and toddler product and then keep records of those who register. Each product will also have to feature in a permanent way the manufacturer's name and contact information, along with the product's model name, number and date of manufacture.

The requirements apply to 18 categories of products: full-size cribs and nonfull-size cribs; toddler beds; high chairs, booster chairs, and hook-on chairs; bath seats; gates and other enclosures for confining a child; play yards; stationary activity centers; infant carriers; strollers; walkers; swings; bassinets and cradles; children's folding chairs; changing tables; infant bouncers; infant bathtubs; portable toddler bed rails; and infant slings.

The rules will go into effect for 12 of the product categories 180 days after publication. The rules will go into effect one year after publication for the remaining six categories: children's folding chairs, changing tables, infant bouncers, infant bathtubs, portable toddler bed rails and infant slings.

Friday Fun

Merry Christmas to you all. I hope you enjoy this terrific song.

"Tort Reform" Won't Fix Health Care

In an op-ed article in the Baltimore Sun, attorney Wayne M. Willoughby makes a convincing argument that "tort reform" is not the solution to high healthcare costs. Here are excerpts from the article:

For months now, national Republicans and their media supporters have attempted to divert the health care debate away from improving access to quality health care. Instead, they call for legislation stripping away the rights of injured patients. Over a half-dozen such amendments have been introduced by Senate Republicans so far this month.

As any former supporter of "tort reform" can tell you once he or she becomes seriously injured by medical negligence, such reform sounds grand in the abstract. "Those people" should not be getting "all that money." However, when you (or your spouse, child or parent) are the injured patient, tort reform is no longer an abstraction involving "those people" - it is about being denied basic fairness.

The Institute of Medicine found 10 years ago that up to 98,000 people die every year from preventable medical errors, and countless more are severely injured. This is the equivalent of two 737 planes crashing every single day.

If air travel were this unsafe, who would shoulder the blame - the passengers or the airlines? Would any politician dare to claim that we should limit the legal rights of passengers in order to protect the airlines and lower ticket prices? Of course not; they would be clamoring to enact laws to improve flight safety. Yet, when it comes to health care, Republicans on Capitol Hill offer the snake oil of tort reform instead of pushing for greater safety.

Citizens should demand that politicians pursue a different model of reform - one that places the priority on increasing patient safety rather than on insurance company profits. The proponents of "tort reform" should join with the proponents of health care reform to enact legislation to eliminate preventable medical errors. If preventable medical errors that injure tens of thousands of patients each year are significantly reduced, the result would be both a substantial increase in patient well-being and a substantial decrease in malpractice actions - all while protecting the rights of those with legitimate claims.

Who Was Supposed To Be Watching Grandma?

There is a popular tune played this time of year called “Grandma Got Run Over by A Reindeer” which relates that Grandma -- after drinking too much eggnog -- went out into the winter cold to get her medication and was run over by a reindeer. The question is, “Who was supposed to be watching Grandma?”

Though this little tune is just for fun, it may very well raise alarms to many caregivers of the elderly. Caregivers know that even at a holiday party they cannot let down their diligent watch over their elderly loved one. As far-fetched as it may sound, with all the people and noise, an elderly family member with dementia or Alzheimer’s may be enjoying the family gathering and then suddenly become confused and walk to the door and leave.

For family caregivers the added stress of the holidays with decorating, shopping, parties and keeping up with all the family traditions is an overwhelming quest. Feelings of isolation, depression and sadness come with this added stress. There are millions of Americans who are caring for elderly frail loved ones and most of these caregivers will go through some of these emotions, especially this time of year.

There are some things you can do as a caregiver to help you and those you care for enjoy the holiday season.

First take care of yourself. Try to eat right, get plenty of sleep and exercise. This will help reduce stress and strengthen your ability to cope with caregiving responsibilities.

Prioritize your holiday traditions. Perhaps instead of cooking a large family dinner, have everyone bring his or her favorite dish. Use paper plates. Forfeit the traditional outside light decorating for a lighted wreath on the front door. Choose one or two parties or concerts to attend instead of trying to do it all.

Arrange for help. Call on other family members to help with the caregiving while you do your shopping or go out for the evening. If family is not available, ask your church group or a neighbor if they would donate a few hours.

Use community services. Many senior centers provide meals for the elderly and supervised activities, onsite, at no charge or a minimal charge. For locating senior services in your state, call your state Area Agency on Aging or check the national locator website at http://www.n4a.org/

Use adult day care services. Some assisted living facilities provide day activities and meals for seniors on a day by day basis. Other organizations called "adult day service providers" specialize exclusively in this sort of care support at a reasonable cost. These support services provide respite for caregivers from their caregiving responsibilities as well as social interaction for their elderly family members. There is a cost for adult day services, but the benefit for all is worth it.

For example:

Jean had brought her mother into her home to care for her when mom's Alzheimer’s made it impossible for her to be alone. When the Christmas season approached, Jean realized she had to make some choices. She did not want to give up the traditions she had set with her daughters in shopping and lunches, but it wouldn’t be possible with her caregiving responsibilities. In searching for a solution, Jean visited an adult day services facility near her home. She found she could schedule the days she needed off for her mother to come in. The adult day services company also provided transportation and would pick up mom and bring her home in the evening.

Although Jean's mother was not sure she would like to go at first, she found she enjoyed the programs, meals and conversation with new friends and the activities provided.

The time it gave Jean to have for herself was worth the extra cost for the day care.

Technology to the rescue. Here is a solution that would have kept “Grandma” from going out in the winter cold and getting run over by a reindeer. Companies that have created monitoring systems, security alarms and other safety equipment are “tweaking” them to adapt to the needs of seniors and their care givers.

Here are a few examples:

• Ankle or wrist bands that monitor location and alert the provider when a person has gone beyond the designated perimeter, such as out the front door of the house.
• Motion detectors. Set throughout the home, motion detectors allow someone outside the home to follow a senior as he or she moves through the house.
• Smart medication dispensers. Live monitoring and dispensing of pills.
• Emergency response alert. At a touch of a button on a desktop monitor, bracelet or necklace, emergency help is summoned.

Whether providing care in your home or helping senior family members in their own homes, your use of monitoring and “tech” help aids can provide extra safety for your loved ones, and peace of mind for you.

You are not alone. Join a caregiving help group. Your local senior center may have one or go on the internet to find one. Hearing about other caregivers' problems and solutions and being able to share your own and ask questions is a great way to relieve stress and gain a new perspective. Check out websites like the National Family Caregivers Association at http://www.nfcacares.org/

Work with a Senior Care Professional. Recognize that you are doing the very best you know how. You are not a geriatric health care practitioner, geriatric care manager, home care nurse or aide, hospice provider or family mediation counselor, nor do you have the years of training and experience these professionals have, but you can definitely use their experience. In fact, using a senior care specialist will make caregiving easier for you and more beneficial for your elderly family member.

As an example:

Mark stopped by his father Dan’s home every night after work to help with any errands or things he needed around the house. He began to notice that Dan was not showering, dressing or even fixing meals some days. Another concern was his father's growing confusion and disorientation. A trip to the family doctor only brought more concern to Mark, since the doctor claimed it was just the aging process that caused the confusion.

Wanting a second professional opinion on what was best for his father, Mark hired Shelly -- a Professional Geriatric Care Manger -- to do an assessment. Shelly arranged for Mark and Dan to see a geriatrician, who advised that proper meals and an increase in some vitamins, would help clear up the confusion and disorientation. Shelly arranged for a home care company to come in daily to help with personal needs and prepare meals.

Soon Dan was back to his old self and able to function on his own.

You can find a wide variety of care professionals in your area on the National Care Planning Council website at www.longtermcarelink.net.

One more thing to remember. As a family caregiver, the greatest gift you are giving this holiday season is “Love.”

Guest post by Thomas Day of the National Care Planning Council.

Energy-Efficient Traffic Lights Can't Melt Snow

Fortunately, those of us in Dallas don't have to worry much about this problem reported by the Associated Press. Apparently in some northern cities drivers have discovered that new energy-efficient traffic lights with LED bulbs don't burn hot enough to melt snow that accumulates around them. As a result, the lights become obscured, drivers can't tell if they have a red or green light, and the potential for traffic accidents increases greatly. Here are excerpts from the story:

Many communities have switched to LED bulbs in their traffic lights because they use 90 percent less energy than the old incandescent variety, last far longer and save money. Their great advantage is also their drawback: They do not waste energy by producing heat.

Authorities in several states are testing possible solutions, including installing weather shields, adding heating elements like those used in airport runway lights, or coating the lights with water-repellent substances.

Short of some kind of technological fix, "as far as I'm aware, all that can be done is to have crews clean off the snow by hand," said Green Bay, Wis., police Lt. Jim Runge. "It's a bit labor-intensive."

In St. Paul, Minn., for example, city crews use air compressors to blow snow and ice off blocked lights.

Not every storm causes snow to stick to the lights, but when the wind is right and the snow is wet, drivers should beware, said Gary Fox, a traffic engineer for the city of Des Moines, Iowa.

Exactly how much a technological fix will cost is unclear, but it will surely cut into the savings and the energy efficiency many cities are enjoying.

In Minnesota, where authorities have upgraded hundreds of traffic lights to LEDs, the Transportation Department occasionally gets reports of an obstructed light. But by the time a highway crew arrives, the wind has often knocked out the snow and ice, said traffic systems specialist Jerry Kotzenmacher. Minnesota is experimenting with weather shields.

One reason there have been so few deaths is that drivers know they should treat a traffic signal with obstructed lights as a stop sign, traffic experts say.

"It's the same as if the power is out," said Dave Hansen, a traffic engineer with the Green Bay Department of Public Works. "If there's any question, you err on the side of caution."