The hot work - meaning welding or other spark-inducing work - did meet approval from DuPont managers, but they failed to accurately ensure a safe environment for that type of work, according to the report. As the welder on top of the tank was performing the work, the two adjoining tanks were in use containing a highly flammable liquid. Prior to the explosion, the tank having work done atop it was empty and sealed from flammable liquid. However, while the tank was not in use, an overflow line from the other two adjoining tanks in use continued to fill the tank with dangerously flammable vapor. The vapor caught a spark from the welding which caused the explosion, the death of one worker and burns to the other worker.
]]> Workplace Safety Key to Fire PreventionMany similarly dangerous jobs exist here in Missouri, some working with highly flammable substances that could cause serious burns to workers if not properly handled. Safety measures at such work sites are essential to the prevention of dangerous burn injuries at work. Companies are responsible for creating a work environment free of unnecessary hazards, especially when known risk exists.
Many feel that the accident at the DuPont plant was preventable had proper safety precautions been undertaken. This tragic accident should be a reminder to all people who handle or work around dangerous flammable materials, that when safety is taken for granted, serious injury could lie ahead.
Source: EHS Today, "CSB: DuPont Overlooked Hazards in Fatal Welding Explosion," Sandy Smith, April 24, 2012
]]>DePuy insists that the phase-out was unrelated to the letter from the FDA or the safety concerns. The company continues to claim that the decision to slowly remove the device was based on sales figures and forecasts.
However, international performances showed the device has had especially high "fail rates" and the FDA initially refused the company's application to begin selling the product on the domestic market in 2009.
The company has regularly represented the hip implant as having a 15-year lifespan. However, according to data from literature and clinical trials, the product has an unusually high rate of failure just a few years after implantation.
]]> Besides the high rate of premature failures, one of the biggest concerns for patients who use these types of hip implants is the higher concentration of metal ions in the blood that may occur. According to the FDA, some patients who received the recalled hip implant are showing these dangerously high concentrations of metal ions in the bloodstream.Experts have claimed that the main defect in the device is the metal cup on the implant that serves to replace a patient's socket in the hip. DePuy denies knowingly marketing a dangerous medical product with a flawed design and continues to profess that the sale of the entire existing inventory was not connected to any of these safety issues - claims that many victims take issue with.
Patients should take care to look into all of the options when considering a medical procedure, particularly a metal-on-metal hip implant.
Source: The New York Times, "Hip Device Phaseout Followed F.D.A. Data Request," Barry Meier, March 22, 2012
]]>Subaru - which is a unit of Fuji Heavy Industries Ltd. - stated that the recall includes vehicles manufactured from Nov. 16, 2007, to March 13, 2012. The problem with the seat belts is that the automatic locking retractor mechanism may not properly lock in the rear middle seat, leading to an increased risk that a child strapped in safety seat in the vehicle could be injured in a crash.
Subaru plans to begin the recall by April 13, at which time Subaru dealers will replace the rear middle seat belt assembly with another model that has a proper working locking retractor mechanism.
]]> At this point, there is no indication about whether or not the rear middle seatbelt is dangerous to use by adults, but parents should definitely not put child safety seats in that location until the problem is fixed, because as Motor Trend recently observed, "If the belt does not restrain the seat, there is a higher risk for injury to a child sitting in the backseat in a car seat."It is an understatement to say that seat belts are important to the safety of vehicle passengers - when belts are defective or working improperly passengers are not only at risk of severe injury but also risk of death.
Source: Wall Street Journal, "Subaru Recalls 250,000 Foresters For Faulty Seatbelts," Jonathan Welsh, March 15, 2012
]]>Although Missouri currently prohibits younger drivers from texting while driving, if passed, this new law would be much broader. The law, proposed by Sen. Bill Stouffer (R), would completely ban all Missouri drivers from driving while distracted. The bill broadly defines distraction as "engaging in any other activity which causes the operator to be distracted from driving."
The proposal would mandate that any driver who is involved in a Missouri motor vehicle accident while driving distracted would be charged with an automatic Class A misdemeanor.
]]> A sergeant with the Missouri Highway Patrol urges drivers to stop engaging in these distracting behaviors whether or not the bill becomes law. He said that he has witnessed drivers eating, texting, and playing with radios or other mobile devices. He stated that, "We've worked tons of crashes related to those things."He further explained that "When you're not doing the job of driving, you run the chance of being involved in a crash."
Regardless of actions by lawmakers, hopefully increased awareness about the dangers of distracted driving will make more people think twice before taking their eyes off the road.
Source: KMBC, Mo. Considers Distracted Driving Crackdown, 17 February 2012
]]>Police said that they received over 200 calls about auto accidents between 9 p.m. last night and 9 a.m. this morning. This is a huge number when compared to the only 16 auto accident calls that were logged this past Tuesday during that same time frame.
One of the most serious accidents was a nine-vehicle pileup that happened on Interstate 435 and Gregory Boulevard. The accident occurred around 9:30 p.m. and caused multiple injuries. Among those vehicles involved in the pileup was a tractor-trailer carrying explosives and a pair of snow plows. The accident forced police to close both the north and southbound lanes on I-435 until they were certain the explosives were properly contained and the interstate was again for safe for traffic.
]]> Shortly after midnight a police officer was involved in another accident. The officer lost control of his vehicle when driving over an icy patch on the road. He struck a retaining wall near Holmes Road and 110th Street. Luckily the officer was not injured, but his car sustained significant damage and could no longer be driven.Beginning this afternoon, driving conditions seemed to become better. Hopefully, road conditions will continue to improve and the morning commute tomorrow will prove to be far less treacherous.
Source: Kansas City Star, A little snow, a lot of wrecks, 12 January 2012
]]>In order to make parents aware of the potential for injury from children's toys U.S. PIRG, a consumer advocacy group, releases an annual report titled "Trouble in Toyland". The group's reports have identified toys that pose a variety of dangers including choking, strangulation and laceration hazards, as well as dangers from toxic chemicals.
]]> This year the group made several key findings, two of which had to do with the chemicals present in toys. Several toys were found to contain lead and phthalates at levels exceeding recommended limits. Both of these chemicals can be especially damaging to young and developing children.Choking is responsible for over half of toy-related fatalities in children. U.S. PIRG found multiple toys that violated standards for small parts in toys for children under the age of three. The group also found some toys aimed at older children lacked sufficient choking hazard warnings.
Another area of concern for U.S. PIRG was noisy toys. According to the National Health and Nutrition Examination Survey, one out of five children experiences some hearing loss by the age of twelve. One potential cause is the loud sounds emitted my some toys and music players. The group found three toys currently on store shelves of concern because of the high decibel sounds they emitted.
Steps You Can Take To Protect Children
U.S. PIRG recommends that adults examine toys carefully before giving them to children. Test if small parts can pass through an empty toilet paper roll, if they can they could be potential choking hazards for infants or toddlers. U.S. PIRG also encourages parents to get their children screened for lead exposure which can be done at most clinics. Finally, consumers can get further information about recalled toys and others with potential hazards at www.toysafety.mobi.
Source: U.S. PIRG, Trouble in Toyland: The 26th Annual Survey of Toy Safety
]]>Unfortunately, as Kansas City car accident lawyers know all too well, this type of "crossover" accident is not rare in either Kansas or Missouri.
Although the woman was driving on a busy stretch of highway, there was nothing in place to prevent her from crossing into the opposing lanes when she lost control of her vehicle.
After a string of recent crossover accidents, the Kansas Department of Motor Vehicles is reevaluating the policy that decides which stretches of highway get protective median barriers. It recently announced that it would add four miles of cable barriers on Kansas 10 between Johnson County and Lawrence. Now, it is identifying "hotspots" with higher than average numbers of crossover accidents. KDOT says the Kansas City-area highways are first in line for the safety upgrades.
Missouri has already been addressing this issue - the state has installed barriers on more than 600 miles of divided highway. This past construction season, the state added more than 44 miles of cable barriers to its roadways. Like Kansas, Missouri employs engineers to determine which areas of highway are most in need of barriers.
]]> Crossover Accidents Threaten All MotoristsWhen used correctly, cable barriers protect motorists on both sides of the highway. Drivers who cross a median don't just put themselves at risk - they also threaten drivers in oncoming traffic who aren't watching for a vehicle coming from the other side.
In this month's car accident, the drivers of both vehicles struck by the woman who crossed the median had to be hospitalized. Their injuries were not life-threatening, but not every accident victim is so lucky.
Source: The Kansas City Star, "Fatal crossover accident comes as state is reviewing safety," Matt Campbell, 14 November 2011
]]>Earlier this month a woman died in Morgan County after she failed to negotiate a turn, causing her bike to overturn. And just last week, a man suffered serious injuries after a motorcycle accident in Harrison County. The Missouri State Highway Patrol reported he was driving at too fast to properly negotiate a curve.
This series of Missouri motorcycle accidents highlights the importance of motorcycle riders taking proper safety precautions.
Tips for Motorcycle Riders
First, follow the law. It is important to obey all speed limits, drive inside the designated lanes and use appropriate turn signals.
Second, be smart. Take a riding course, wear correct safety equipment or protective gear, know your skill level and adhere to it while driving, and take refresher courses when available.
Third, be seen. Make sure you don't ride in other vehicle's blind spots or follow too close where other vehicles can't see you behind them. Always wear clothing that is easily seen, such as brightly colored clothing during the daytime and reflective clothing or strips at night-time.
Fourth, know your bike. Even if you have taken a course or are an experienced rider, you should read the manual for your particular bike and know all of your bike's features and how to use them. Not all motorcycles are the same, and familiarizing yourself with the manual will help you effectively use all of your bike's features.
Fifth, check your bike before you ride. Check your bike every time you go out on it, especially the tires, lights, and brakes. It not only makes you safer, but may protect you from others on the road. Other drivers rely on things such as your turn signal and your brake lights when making their own driving decisions, which may ultimately help them avoid crashing into you.
Of course, the burden should not be entirely on motorcycle riders, other motorists on the road should also make a conscious effort to watch for motorcycles around them.
Source: Motorcycle Safety Foundation, You and Your Motorcycle: Riding Tips!!
]]>The intersection of Highway 152 and Flintlock had more crashes in Kansas City than any other location. The intersection that ranked third was 152 and Church Road. A majority of the motor vehicle accidents were rear-end collisions, where people failed to slow down enough when coming into controlled intersections from highways. Generally accidents occurred between noon and 8:00 pm.
The task force was organized by the Kansas City police and was comprised of citizens, Missouri Department of Transportation representatives and business representatives. The task force determined the best potential solution involves diverting some of the 30,000 vehicles that travel the corridor each day to other routes.
]]> The Flinlock flyover, would be an overpass going south on Flintlock Road, crossing over I-35 and linking to Pleasant Valley. This would divert 7,500 of the current 30,000 vehicles that travel the corridor each day.Other possibilities include making improvements to the Highway 291/I-35 interchange and current I-35 overpass, reworking the lanes, reducing speed limits or adding rumble strips.
Hopefully the steps taken to improve the accident-prone intersections will result in safer roads and fewer car accidents, especially considering over 100 school buses drive through those areas each school day.
Source: NBCactionnews.com, Task force offers ways to reduce wrecks on accident-prone stretch of Northland highway, Christina Medina, 27 September 2011
]]>Many experts blame the need for such a recall on the way these defective hip implants and other similar medical devices have been approved by the U.S. Food and Drug Administration (FDA).
Using a review process called the 510(k), these products are approved in as little as ten months due to their similarity to products already on the market. This streamlined process, used for the vast majority of medical devices, allows them to enter the market place years faster than they would if they were subjected to a traditional review process.
]]> The Institute of Medicine has recently called for the FDA to require implant manufacturers to submit more proof of the safety and effectiveness of medical devices. The Government Accountability Office has backed up the need for increased regulation with the statistic that 83 percent of the medical devices recalled each year have entered the market place through the streamlined 510(k) approval process.The FDA has thus far ignored the pleas for a more in depth approval process. The agency claims the streamlined approval process helps bring medical devices to those who need them, and provides necessary support for the U.S. medical device industry.
While the debate continues, patients need to advocate for themselves. Patients should look at the track record of different medical devices, and consider older more tested devices. Patients should also check the device maker's website to see if their physician is being compensated by the company whose products they are recommending (medical device makers are required by law to disclose this information). The concern is that some doctors may promote certain products at the expense of what really may be best for patients.
]]>E-Prescribing and Medication Errors
Electronic prescriptions enable medical professionals to send information directly to pharmacies with software instead of paper forms. Many doctors and patients were convinced that this higher-tech option was the best way to prevent mistakes. Last year almost 200,000 doctors were using e-prescriptions.
A recent study, however, casts doubt on the effectiveness of e-prescriptions in preventing medical errors. Researchers found an average e-prescription error rate of 11.7 percent with some rates as high as 37.5 percent. These rates make e-prescriptions no more reliable than the handwritten variety.
]]> Four percent of e-prescriptions contained serious errors which could mean significant health consequences for those patients. Crucial medications such as anti-infective and cardiovascular drugs were among those with the highest error rates.Why Are There E-Prescribing Errors?
While the software is often blamed for the errors, the problem is often that doctors simply don't enter all of the necessary information when submitting an e-prescription. When crucial information such as a dose amount or frequency is left out, it can lead to uncertainty from the pharmacist and potentially cause problems for the patient. Changes to software programs which force physicians to enter all required information may help avoid these mistakes in the future.
]]>Dangers of ATVs
Nationally, there were 616 ATV-related fatalities in 2008, and more than 135,000 estimated ATV-related injuries treated in emergency rooms, according to ATVSafety.gov. Injuries to children involving ATV accidents have increased 150 percent from 1997 to 2006. Research from the University of Utah's Department of Neurosurgery reveals that trauma to the head and spine from ATV accidents costs roughly $3.24 billion annually and is on the rise.
]]> What Can Be Done?Used properly ATVs are a fun way for families to spend time together and explore the countryside. Take the necessary steps to avoid ATV accidents and ensure a safe ride:
The ATV safety institute also advises to never carry two people on a single seat ATV, to stay on ATV-designated trails and to closely supervise riders under 16.
Other Causes of ATV Accidents
Even if riders take all the proper precautions an ATV accident can still occur because of defective parts, malfunctioning equipment or unsafe terrain that lacks proper warnings.
If you have been in an ATV accident caused by an individual's negligence or a manufacturer's design error contact an experienced attorney. A lawyer can advise you of your options and help you pursue compensation for your injuries.
Source: Elderly Lincoln County Couple killed in ATV accident
]]>According to the NTSB, motor vehicle crashes are the leading cause of death for children age 2-12. While the number of victims has decreased, many states do not have suggested safety guidelines in place. The agency has long advocated for each state to pass rules that require all children younger than eight be in a booster seat, and that all children under age 12 ride in the backseat of the vehicle.
In Missouri, current rules do not restrict a child to riding in the rear seat. Children three and younger, or less than 40 pounds, must be placed into a child restraint. Children aged four to seven, between 40 to 80 pounds and 4'9" or shorter must also be in a child restraint or booster seat. Children who are over four years old who weigh at least 80 pounds, or are taller than 4'9" have the option of using a seat belt rather than a restraint or booster seat. The state also requires that all children age 8 to 16 wear seat belts.
]]> But not all children ride in cars all the time. Occasionally, children will need to ride a school bus. Bus accidents can be extremely dangerous for children, because there are typically no restraints on board. Drivers and school officials need to be informed on the methods that should be used to keep children safe, especially those who are under the age of five.Even with these precautions in place, accidents will still happen. To reduce the risk of serious injury or death, check to make sure you are using your car or booster seats properly. Any potential misuse could limit the effectiveness of the restraint in place.
Source: NTSB Targets Increased Use of Child Safety Systems for Passenger Vehicles (Article no longer available online)
]]>The two types of implants affected by the recall are:
Over 90,000 of these hip implants have been used worldwide. The complete implant was used in the U.S., but the resurfacing system was only approved in other countries.
]]> The FDA has received ongoing complaints about the devices. Since 2008, an estimated 400 complaints have been made by U.S. patients regarding the DePuy hip implants. Research showed the hip implants, along with other devices, referred to as metal-on-metal bearings, can produce debris with wear. This may result in some patients experiencing inflammation and tissue damage.When a corrective or revision surgery is required, the procedure is often more complex and expensive than the initial hip replacement. There is less bone and increased scar tissue surgeons have to work around.
The delay in noticing problems with the DePuy implants speaks to the need to track joint replacement outcomes with a patient registry. The U.S. is one of only a few developed countries without such a system.
DePuy is advising those who had a hip replacement with the recalled products to consult with their surgeon regarding monitoring and evaluation of the product's performance.
Source: Johnson & Johnson Recalls Hip Implants (Article no longer available online)
]]>There are many different kinds of distracting activities that drivers can do, from reading a map to eating to changing the radio station. The USDOT considers "any non-driving activity a person engages in that has the potential to distract him or her from the primary task of driving and increase the risk of crashing," as distracted driving.
Perhaps the most distracting thing a driver can do behind the wheel is texting. The USDOT notes that texting involves all three major types of distraction: It takes the eyes off the road, hands off the wheel and causes the driver to lose focus on what he or she should be doing.
]]> Currently there are 30 states that ban texting for all drivers. Over one-third of those laws were passed in 2010. In Missouri, specifically, it is illegal for drivers 21 years old and younger to use any mobile or electronic device to "send, read, or write a text message or electronic message" while operating a motor vehicle. This measure was passed in 2009, but several lawmakers wanted to expand the ban during the current legislative session.The Missouri Senate Transportation Committee approved a measure that would ban all drivers from texting, regardless of age, but the bill now seems stalled and shy of the votes needed for passage.
Contacting an Attorney
While distracted driving fatalities are down six percent from 2008 levels, accidents still occur far too frequently. A KOMU report notes that in 2009 distracted driving caused over 10,000 injuries and 167 deaths in Missouri alone.
For those who have been injured in a distracted driving or any type of motor vehicle accident, it is important to contact an experienced personal injury attorney.
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