Personal Injury and Social Security Disability Blog

Want To Give Me A Birthday Gift Today?

Halloween is my birthday. If you're like the 99.9% of my friends who didn't get me a birthday present, I have an easy solution for you. My blog, Bob Kraft's P.I.S.S.D., has been nominated by LexisNexis as one of the 25 best injury blogs in the country.

You can give me a birthday gift by visiting the LexisNexis site here and voting for the P.I.S.S.D. blog. You do have to register, but it's painless. Just leave a comment mentioning Bob Kraft's P.I.S.S.D. blog.

Thank you, and Happy Halloween!

Friday Fun

This Yes-No sculpture by Markus Raentz is fascinating to me. Not so much for the execution of the design as for the imagination that thought of the idea. Take a look at the site for a better view of the different perspectives.

 

Fiat 500 is 'Top Safety Pick'

In my neighborhood I saw a lot of the tiny Smart cars when they first came out, and while I loved the look, I was concerned about the safety. Now the latest hot car is the FIAT 500C, which I see frequently. Again, I think they're really cute, but I worry about the safety aspects of such a small vehicle. I guess I can quit worrying now, after reading an article in USA Today, which says the FIAT was a top safety pick of the Insurance Institute for Highway Safety. Here are excerpts:

Fans of Fiat spokeswoman Jennifer Lopez can rest easier now -- the object of their affection is cruising the streets in the Fiat ads in a Top Safety Pick.

The little 2012 Fiat 500 answered one of the questions always asked about minicars (But is it safe?) by earning coveted Top Safety Pick status in the minicar category in the battery of tests done by the Insurance Institute for Highway Safety, the insurance industry's research group.

The only other minicar that has earned Top Safety Pick status to date is the 2011-12 Ford Fiesta.

To earn the IIHS award, a vehicle must score the top rating of Good for occupant protection in front-offset, side, rear and rollover crash tests, plus have an electronic stability system (now standard on all 2012 models).

The Fiat 500 crash-test dummy's neck and chest showed a low risk of injury through the testing.

The dummy, showed a potential pelvis fracture in the side-impact crash test in which the vehicle is struck in the side by a barrier moving at 31 mph -- the barrier represents the front end of a pickup or SUV.

In the IIHS' roof-strength test, which requires the vehicle's roof to withstand the force of four times the vehicle's weight, the sturdy little 500 withstood an impressive 6.16 times its weight.

Buyer alert: Top Safety Pick status applies only to 500s built since July, according to IIHS. Models built earlier had weaker seat structures that could cause more harm to front passengers. You can check when a vehicle was built on a label affixed to the driver-side door jamb.

And as Drive On always reminds you: A Top Safety Pick offers the top protection in the vehicle class, however small, but the laws of physics still apply if you take on, say, a Suburban.

New SIDS Prevention Guidelines Released

USA Today reports, "The American Academy of Pediatrics recommended Tuesday that parents stop using all bumper pads in cribs because of the risks to infants." While the group previously only warned against "pillow-like" pads, AAP says there is "no evidence that bumper pads prevent injuries, and there is a potential risk of suffocation, strangulation or entrapment." However, the Juvenile Products Manufacturers Association opposes a ban on the products. Instead, "JPMA wants a voluntary standard to set a maximum thickness for traditional bumpers." Consumer Product Safety Commission spokesman Scott Wolfson said that early in the year CPSC Chairman Inez Tenenbaum "asked the commission's staff to review its files and studies to take a 'fresh look' at crib bumpers."

MedPage Today reports that the AAP recommendations, published in the November issue of Pediatrics, "go beyond [sudden infant death syndrome] SIDS and focus on providing a safe sleeping environment for infants to reduce the risk of all sleep-related deaths." The group "also recommends avoidance of any commercial devices purported to prevent SIDS." The guidelines say that "breastfeeding and immunization protect babies against" SIDS.

The Wall Street Journal reports that the guidelines recommend infants be offered pacifiers because their use has been shown to reduce SIDS risk. Another suggestion is having the baby sleep in the same room, but not the same bed, as the parents.

The "Shots" blog of NPR reports Rachel Moon, chairwoman of the AAP Task Force on SIDS, said that "the only thing that should be in the crib is the mattress with a tightly fitting sheet and the baby." This story is also covered by the Los Angeles Times, the "Daily Dose" blog of the Boston Globe, WebMD, the website of CBS News, and Reuters.

From the American Association of Justice press release.

Texting Makes Drivers Twice As Slow To React To Road Dangers

A Texas Transportation Institute study tells us what we already knew — texting while driving is incredibly dangerous. That's why I was stunned back in June when Texas Governor Rick Perry vetoed a bill banning texting while driving. The bill was passed by the Texas House and Senate. See I’m Typing This While I’m Driving from this blog.

Now the Dallas Morning News has reported in detail on the new study. Here are excerpts from the article:

Texting drivers react at least twice as slowly as alert drivers, according to the study released this month. Moreover, reaction times deteriorate significantly regardless of whether drivers are reading or sending texts.

Study participants overall had trouble staying in lanes and maintaining speeds. And texting drivers were more than 11 times as likely to miss visual cues set up by researchers.

Christine Yager, one of the study’s authors and an associate researcher at TTI, a research arm of Texas A&M University, said the results suggest that texting can be like playing “Russian roulette.”

The study arrives four months after Gov. Rick Perry vetoed a bipartisan bill that would have effectively banned texting while driving. Perry, who has since launched a campaign for president, said in his veto message that the habit is reckless and irresponsible. But he called the ban a “government effort to micromanage the behavior of adults.”

Thirty-four states ban texting while driving, according to the National Conference of State Legislatures. Nine states ban cellphone use while driving altogether, even with hands-free technology.

Texas bans the use of wireless devices in school zones and for new drivers with intermediate licenses. Some cities, including Arlington and El Paso, have launched their own texting bans.

With smartphones and other portable devices more ubiquitous than ever, distracted driving has emerged as one of the technology era’s biggest challenges to roadway safety.

Authorities in the United Arab Emirates last week directly credited the recent global BlackBerry data outage with fueling an abrupt 40 percent decline in traffic accidents, according to news reports.

In the United States, one in four crashes is directly related to distracted driving, according to federal estimates. How many of those are specifically caused by phone use is unclear, but researchers believe the percentage is significant.

The TTI study relied on results gleaned from 42 participants of various ages who were monitored while actually driving on a closed course set up near the Texas A&M campus.

Drivers took turns alternately reading and typing on smartphones. Researchers also measured participant reaction times to a light attached to the test vehicle’s hood that flashed periodically.

The distraction of texting was so severe that some participants not only missed the flashing light but had trouble completing the 3.5-mile course without swerving or bumping into barrels, Yager said. None of the participants were ever in danger, she said.

Yager, the TTI study’s author, said she has modified her own habits. She no longer uses the phone for any reason while driving and often keeps it in the backseat to lessen the temptation to text or check email.

“It’s always a good idea to keep your eyes on the road,” she said. “It only takes that one time to forever change your life.”

 

NHTSA Investigating 36,000 Mini Cooper S Models for Engine Fires

The National Highway Traffic Safety Administration is investigating the 2007-2008 BMW Mini Cooper S for engine fires. This disturbing bit of information was reported by the Detroit News. Here are excerpts from the article:

NHTSA said in a notice posted on its website Saturday it is probing 36,000 models sold in the United States after receiving 12 complaints, including 5 alleged fires resulting in a total vehicle loss.

The investigation covers the Mini Cooper S, the Mini Cooper S convertible and the 2008 Clubman edition.

Eight complaints said fires occurred while the vehicles were parked with the ignition off. The complaints show an apparent increasing trend with most complaints received within the past year, NHTSA said.

NHTSA has reviewed field reports submitted as part of its Early Warning Reporting data. A preliminary evaluation has been opened to assess the cause, scope and frequency of the alleged defect by the agency.

NHTSA said no injuries or crashes have been reported as a result of the fires.

The investigation covers the Mini Cooper S, the Mini Cooper S convertible and the 2008 Clubman edition.

Eight complaints said fires occurred while the vehicles were parked with the ignition off. The complaints show an apparent increasing trend with most complaints received within the past year, NHTSA said.

NHTSA has reviewed field reports submitted as part of its Early Warning Reporting data. A preliminary evaluation has been opened to assess the cause, scope and frequency of the alleged defect by the agency.

NHTSA said no injuries or crashes have been reported as a result of the fires.

Friday Fun

I took a big interest in photography when our kids were young, but I never considered myself to be a good photographer. The professional photographers at YouAreNotAPhotog should not consider themselves to be good photographers either.

 

Why We Need the Civil Justice System

From the American Association for Justice:

America’s civil justice system gives people have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others – even when it means taking on the most powerful corporations.

This is more important now than ever because the drug and oil industries, big insurance companies and other large corporations dominate our political process – and thus, people cannot depend on the political system to hold corporations accountable.  When corporations and their CEOs act irresponsibly by delaying or refusing to pay fair and just insurance claims, producing unsafe products, polluting our environment or swindling their employees and shareholders, the last resort for Americans to hold them accountable is in our courts.

Because of the civil justice system, our cars are safer, environment is cleaner, and medicine is safer.  Click below to see everyday examples of why we need a strong civil justice system, and its role in protecting American workers, consumers, and families.

The Environment

SEE THE FULL SIZE IMAGE »

REPORT: HAZARDOUS TO YOUR HEALTH »

Dangerous Toys

SEE THE FULL SIZE IMAGE »

REPORT: PLAYING WITH SAFETY »

Auto Safety

SEE THE FULL SIZE IMAGE »

REPORT: DRIVEN TO SAFETY »

Seniors

SEE THE FULL SIZE IMAGE »

REPORT: STANDING UP FOR SENIORS »

Health Care

SEE THE FULL SIZE IMAGE »

LEARN MORE: PROTECTING PATIENTS »

Report: Tort Reform Made Healthcare Worse in Texas

According to the Austin American Statesman, a report, titled "A Failed Experiment," by Public Citizen "says the 2003 Texas law that limited damage awards in malpractice suits has caused health care spending to rise and has not significantly increased the number of doctors in Texas." While "Gov. Rick Perry has touted the benefits of the law," the report found "that, contrary to Perry's claims, the per capita increase in the number of doctors practicing in the state has been much slower since the state passed the so-called tort reform law than it was before the law." The report concludes "that using Texas as a model would benefit doctors and insurers - not residents."

The Fort Worth Star Telegram writes that the "report shows that healthcare costs and insurance premiums have continued to rise in Texas even more than the national average since the state's tort reform legislation, and that the number of uninsured Texans has continued to climb." Still the report did find "that medical malpractice insurance premiums as well as payments have plummeted." The "Healthwatch" blog of The Hill also covers this story.

 

In continuing coverage, Fierce Healthcare reports, "Despite popular belief, placing medical liability caps on states may not curb healthcare costs, according to yesterday's report by advocacy group Public Citizen." The report calls the caps "'a failed experiment," and noted that in 2003, Texas established "a $250,000 cap on the amount of damages that injured patients could recover from negligent doctors." However, "since the state implemented tort reform, Texas hasn't contained spending as intended, but instead saw increases in Medicare spending." Taylor Lincoln, the report author, said, "Health care in Texas has become more expensive and less accessible since the state's malpractice caps took effect."

From the American Association for Justice news release.

 

Hip Implant Complaints Surge, Even as the Dangers Are Studied

The federal government has received a surge in complaints in recent months about failed hip replacements, suggesting that serious problems persist with some types of artificial hips even as researchers scramble to evaluate the health dangers. This problem was reported by the New York Times in an excellent article. Here are the opening paragraphs:

An analysis of federal data by The New York Times indicates that the Food and Drug Administration has received more than 5,000 reports since January about several widely used devices known as metal-on-metal hips, more than the agency had received about those devices in the previous four years combined.

The vast majority of filings appear to reflect patients who have had an all-metal hip removed, or will soon undergo such a procedure because a device failed after only a few years; typically, replacement hips last 15 years or more.

The mounting complaints confirm what many experts have feared — that all-metal replacement hips are on a trajectory to become the biggest and most costly medical implant problem since Medtronic recalled a widely used heart device component in 2007. About 7,700 complaints have been filed in connection with that recall.

Though immediate problems with the hip implants are not life-threatening, some patients have suffered crippling injuries caused by tiny particles of cobalt and chromium that the metal devices shed as they wear.

Hip replacement is one of the most common procedures in the United States and, until a recent sharp decline, all-metal implants — one in which both the artificial ball and cup are made of metal — accounted for nearly one-third of the estimated 250,000 replacements performed each year. According to one estimate, some 500,000 patients have received an all-metal replacement hip.

One of the most problematic devices, the A.S.R., or Articular Surface Replacement, was recalled last year by Johnson & Johnson and accounted for 75 percent of the complaints reviewed by The Times. A precise count of failed implants reported to the F.D.A. is hard to come by because of the agency’s overlapping reporting system, though The Times sought to eliminate duplicate reports about the same incident. Some complaints came from outside the United States.

Under F.D.A. rules, many all-metal devices were sold without testing in patients or without a requirement that producers track their performance. But in an unusual intervention, the F.D.A. in May ordered producers to study how frequently the devices were failing and to examine the threat to patients. Now, researchers say, producers face substantial hurdles in recruiting the hundreds of patients needed to conduct sound studies because of the lack of patient registries.