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To close an apparent gap left by recent legislation prohibiting California motorists from utilizing hand held cell phones while driving, the Legislature has now proposed to ban text messaging while operating a motor vehicle. The new law will reach the Governor’s desk next week, but the Governor has vowed not to sign any legislation until the State budget has been passed.

While restriction of texting seems obvious, we have noticed that since the passage of the new cell phone law, drivers appear to be even more distracted by their electronic communication devices. It is still common to see drivers traveling down our highways with cell phones held to their ears. It is also common to see drivers holding their phones in their hands at steering wheel level, looking down at the phone while talking, apparently utilizing the “conference call” feature. We also have observed several young drivers manipulating electronic devices, presumably texting or reviewing text messages.

Several severe and deadly crashes have occurred in Northern California over the last two years involving both cell phone use and texting. We have previously made several recommendations about the use of these portable communication devices. Unfortunately, the message apparently isn’t getting out over the air waves. That is, these devices impair a driver’s ability to drive as much as intoxication. See our prior post.

Getting or giving immediate messages is not as important as being a safe driver. We applaud the proposed law.

According the the Associated Press, the U.S. Food and Drug Administration will issue new regulations soon that will allow farmers and producers to irradiate spinach and iceberg lettuce in an effort to kill E.Coli, listeria and salmonella. Several large producers have already indicated a willingness to subject the food to radiation. Industry experts claim that today’s technology will introduce sufficient radiation to kill these germs without affecting the product’s appearance, shelf life or nutritional value. Apparently, many meat producers have been utilizing irradiation to combat E.Coli for years.

As consumers, we will have to rely upon the technological and scientific expertise of those in the food industry. Should the newly irradiated foods be labled?

On August 7, 2008, the U.S. Consumer Product Safety Commission announced a recall of approximately 24,000 gas barbeque grills sold at Lowe’s Home Centers. The cooking chamber of the Perfect Flame Double Lid Four Burner Gass Grill, manufactured by Lucas Innovation Inc. of China, has a tendency to melt or burst into flames. Approximately 200 incidents of grill fires and grill meltings have been reported.

If you have one of these grills, likely purchased at Lowe’s between October 2007 and July 2008, you are urged to stop using the product immediately and return it to Lowe’s for a full refund.

As a public service, the Redding lawyers at Reiner, Simpson & Slaughter actively monitor recall notices concerning defective products, and when those products are likely to have been purchased, used or consumed in Northern California, we publish this information

Every summer, every pool owner in Northern California wonders what can be done to minimize injuries to kids enjoying their hot summers in and around pools. Not everything can be anticipated. However, a recent study published in the August edition of the medical journal, Pediatrics, sheds light on the types of diving-activities that most commonly result in a trip to the emergency room.

The study encompassed a 16 year period from 1990 to 2006 and determined that an average of 6,500 adolescents made trips to the emergency room with diving-related injuries per year. Notably, the vast majority of the injuries occurred from diving from a height of 1 meter or less.

Approximately 58% of injuries treated were for cuts or bruises. The leading cause was hitting the diving board or platform. About 5% of diving injuries required hospitalization.

Regarding manner of injury, the study revealed that approximately 70% arose from head first dives, 18 percent from jumps, and 12 percent from flips or handstands.

Previous studies on catastrophic neck injuries have shown a profile of the diver most likely to suffer devastating spinal injuries from diving into a pool. Tall male adolscents are the divers most at risk. Such divers must be cautioned to know the depth into which they are diving, to not dive outwardly if the shallow end comes up abruptly, and to simply not dive if there are any concerns about safety.

In addition to cataloging the types of diving-related injuries being commonly seen, Pediatriacs urged much greater parent participation in monitoring conduct around the pool and the teaching of safe diving techniques and behaviours to children.

For more “pool safety tips,” see our previous post.

The Food and Drug Administration posted an extensive recall list of generic drugs manufactured at the Little Falls, New Jersey plant of Actavis Totowa LLC. The recall is listed as a precautionary and voluntary action on the part of the drug manufacturer, based upon substandard manufacturing practices identified at its plant. No injuries or illnesses have been reported.

Actavis Totowa, LLC is a subsidiary of Actavis Group hf. The recall is limited only to the Actavis Totowa drugs manufactered in Little Falls, NJ. It does not extend to products manufactured by other subsidiaries: Actavis Elizabeth LLC, Actavis South Atlantic LLC, Actavis Mid Atlantic, or Actavis products manufactered at other locations.

The list of involved products are:

Amantadine 100mg capsules
Meperidine & Promethazine capsules

Amibid DM ER tablets
Meperidine HCl 100 mg and 50 mg tablets

Amibid DM tablets
Methenamine Mandelate 0.5 g and 1.0 g tablets

Amidrine capsules
Mirtazapine 15 mg, 30 mg, and 45 mg tablets

Amigesic 500 mg caplets and 750 mg caplets
Mirtazapine OD tablets, 15 mg, 30 mg and 45 mg

Amitex PSE tablets
Multi-ret Folic 500 mg tablets

Bellamine S tablets
Multi-vita-bets 0.5 mg and 1.0 mg FL & FE tablets

Betaxolol 10 mg and 20 mg tablets USP
Multi-vita-bets 0.25 mg, 0.5 mg and 1 mg FL tablets

Buspirone HCL 5 mg, 10 mg, 15 mg and 30mg tablets
Naltrexone 50mg tablets

Carisoprodol & Aspirin tablets
Oxycodone & Acetaminophen 5/500mg capsules

Carisoprodol, Aspirin & Codeine tablets
Oxycodone HCl 5 mg, 15 mg and 30 mg tablets

Carisoprodol 350mg tablets
Oxycodone HCl 5 mg capsules

Chlordiazepoxide w/ Clidinium Bromide capsules
Pentazocine & Acetaminophen tablets

Chlorzoxazone 250mg
Pentazocine & Naloxone tablets

Cilostazol tablets 100mg
Phenazopyridine HCl 100 mg and 200 mg tablets

Choline Magnesium Trisalicylate 500 mg, 750 mg and 1000 mg tablets
Phendimetrazine Tartrate 35mg tablets

Cyclobenzaprine HCL 5 mg and 10 mg
Phentermine HCl 37.5 mg tablets

Dexchlorpheniramine Maleate 4 mg and 6 mg tablets
Phentermine HCl 15 mg, 30 mg and 37.5 mg capsules

Dipyridamole 25 mg, 50mg, and 75 mg tablets
Prenatal Formula 3 tablets

Glyburide 1.5 mg, 3.0 mg and 6.0 mg tablets
Prenatal Plus 27 mg FE tablets

Guaifenesin & Codeine Phosphate tablets
Prenatal Rx tablets

Guaifenesin & Phenylephrine tablets
Quinaretic 10mg/12.5mg, 20 mg/12.5 mg and 20 mg/25 mg tablets

Guanfacine 1.0 mg and 2.0 mg HCl tablets
Rifampin 300mg capsules

Hydrocodone & Homatropine tablets
Sodium FL 0.5 mg and 1.0 mg tablets

Hydromorphone HCl tablets
Tizanidine HCl 2 mg and 4 mg tablets

Hydroxyzine 10 mg, 25 mg and 50 mg tablets
Trimethobenzamide 300mg capsules

Hyoscyamine Sulfate 0.125 mg SL
Trimipramine Maleate 25mg, 50mg, 100mg capsules

Hyoscyamine Sulfate 0.375mg SR tablets
Trivita 1 mg FL tablets

Hyoscyamine Sulfate 0.125 mg (oral) tablets
Ursodiol capsules, 300mg

Isradipine 2.5 mg and 5 mg capsules
Vitacon Forte capsules

Loxapine 5 mg, 10 mg, 25 mg, and 50 mg capsules
Vitaplex Plus tablets

Meclizine Chewable 25 mg tablets
Vitaplex tablets (FC)

Meloxicam 7.5 mg and 15 mg tablets
Yohimbine HCl 5.4 mg tablets

Patients are advised by Actavis that to avoid the risk of discontinuing a medication regime, they may continue to take the recalled drugs. If patients wish to replace the drugs, they should contact Actavis at www.actavis.us/RecallFAQ.

Our Redding lawyers at Reiner, Simpson & Slaughter post these recalls on our website because many of these notices never receive media attention in Northern California. If you have any of these medications in your medicine cabinet, we believe the best course would be to request replacement from Actavis through their website above. We agree with the manufacturer though, that this should not be done if it will disrupt a required medication schedule.

REDDING, Calif. — The Record Searchlight reported that a young man in his late 20’s was seriously injured when he fell from the bow of a motorboat yesterday and was then struck by the propeller. Little details were available other than that the young man was taken to Mercy Medical Center.

As a reminder, the California Boating Safety Manual warns that:

Riding on the bow, gunwale, or transom of a vessel under way, propelled by machinery, when such position is not protected by railing or other reasonable deterrent, can result in passengers falling overboard.

This serves to remind us all that boating safety should always be paramount in our minds as we enjoy the pleasures and recreation that boating brings. Have fun, but be safe!

The Associated Press reported that both the House and Senate have reached an agreement on legislation to establish national standards on toy safety respecting lead and phthalates (hazardous chemicals in plastics), and requiring mandatory testing of children’s products. The bill also provides increased funding to the U.S. Consumer Product Safety Commission (CPSC) for enforcement of these standards.

The new legislation appears aimed at the wealth of defective and lead-laden toys that have hit American stores from China and other foreign manufacturers. It requires that the toys be tested by third party facilities, and that manufacturer’s labs be open to the CPSC. It also directs CPSC to develop a searchable database of reports of product related injuries, illness, death or risks.

This is a major step forward in the field of toy safety. However, until manufacturer’s and every one up the line of distribution are held financially accountable for the injuries their toys cause, it is unlikely that wholesale changes will occur. It is the financial incentive that causes manufacturers to utilize cheaper products, cheaper labor, and relaxed safety standards. It is only when that financial incentive is reversed that significant and permanent changes will be made. See our prior post.

Interstate 5 is a major trucking artery which courses through the center of Northern California. The cities of Redding, Corning and Orland are the half-way point between Seattle and Los Angeles. This brings a tremendous amount of commercial traffic to the north state.

Over the years, our Redding lawyers have represented numerous individuals and families involved in trucking accidents. This has included numerous truckers whom we have grown to appreciate for their hard work and industry, as well as their dedication to the safety of our highways through their professional competence and adherence to national safety standards. We have noticed a disturbing trend, however, and that is that it is becoming more and more difficult for truckers, particularly independents, to earn enough to sustain themselves and their families, and to provide for their “post-trucking” life or retirement. The ever increasing cost of fuel is a significant factor in this equation. As a result, we have seen that truckers are working into their late 60’s and 70’s in order to “keep the ball rolling.” As the trucker population ages, so do many of the health issues which may affect their ability to safely operate their commercial rigs.

In the next few weeks Congress will begin oversight hearings addressing the health fitness of the trucking industry, in the context of what has been described as one of the “biggest causes of occupational death in United States today.” This oversight appears to be prompted by several recent studies on trucker health.

A recent AP study concluded that of the over three million truck drivers who occupy our roadways, a large percentage do not meet adequate minimal health standards. As a result, 5,300 people died in 2006, and another 126,000 were injured in situations where truck drivers fell asleep, suffered heart attacks, seizures, or were otherwise seriously physically impaired.

Another soon to be released report by the Government Accountability Office claims that 563,000 commercial drivers were determined by the Veterans Affairs Department, Labor Department, or Social Security Administration to be eligible for full disability benefits due to their health problems. Of this 563,000, approximately 1,000 drivers have known serious vision defects, hearing problems, and seizure disorders which severely impair their ability to operate a motor vehicle safely.

The Federal Motor Carrier Safety Administration openly acknowledges that it hasn’t completed any of the eight recommendations that U.S. safety regulators have proposed since 2001.

Regarding trucker fitness, there is growing concern about “medical certificates” that are truckers are required to regularly obtain. Currently, there is no centralized medical oversight of the medical exams that truckers obtain. Many truckers have the ability to have their medical exams performed by any doctor of their choice. Where truckers have potentially disqualifying health issues, such as high blood pressure, it has been reported that “doctor shopping” is common.

Other concerns arise out of the length of time in which commercial driver’s licenses are valid. Some truck drivers will have known serious health problems years before their license expires. There is currently no effective procedure to intercept these drivers until their licenses expire or some event, such as a catastrophic accident, raises a concern.

With the current attention being brought to this issue, we are hopeful that trucking industry brings trucker health into focus and takes steps to improve it. Such an effort within the industry could lead the way to promoting healthier and more productive lives of the truckers, and would enhance safety on our roads. Unfortunately, the industry is very amorphous and unorganized, (except for large commercial lines), and it may be very difficult for the industry to move itself. If this ends up being the result, it would seem inevitable that Congress or the states will move to make truck health requirements and monitoring more stringent and harsh.

SunL and American Honda Motor Company announced more ATV recalls.

SunL recalled the SLA 90 Youth All-Terrain Vehicle because of it lacks front brakes, a manual fuel shut-off, and sharp edges of the handlebars are not effectively padded. The U.S. Consumer Product Safety Commission reports that these defects could lead to loss of control of the ATVs marketed to children 12-15 years of age, which could lead to serious injury or death. For specific model numbers consult the agency’s bulletin. Further information can be obtained by contacting SunL Group at 866.355.0497.

Honda has recalled its TRX 420 Rancher ATVs, also known as the Honda FourTrax Rancher 4X4, for the 2007-2008 model year. The ATV’s rubber CV(constant velocity) boots may puncture and allow contamination and binding of the CV joints, resulting in sudden loss of steering control. Such loss of steering could cause serious injury or death to riders. Further information can be obtained by contacting Honda at 866.784.1870.

We have previously reported ATV recalls issued by Kawasaki, KYMCO and ARTIC CAT this summer. There seems to be an unusually high number of ATV recalls, particularly involving youth models, this year.

A new red-light camera at the intersection of Churn Creek and Cypress in Redding will begin issuing citations today. Photo-enforcement has been touted as the solution for reducing red light violations, but is safety really enhanced at these intersections?

All across America, city governments are giving police agencies the green light to install cameras at intersections in an effort to catch red-light runners. While the public tends to believe that the cameras help make their intersections safer, multiple recent studies have shown that injury accidents and fatalities have actually increased at intersections with the new red-light cameras.

A recent study by the Virginia Department of Transportation concluded that while photo-enforced intersections reduce the number of red-light runners, both rear-end and angled collisions increased by almost 50% at some intersections. Overall, the Virginia study found a 27% net increase in all accidents at photo-enforced intersections and that the “impact of cameras on injury severity was too close to call.”

The Virginia study also noted that most citations were issued to motorists who were unfamiliar with the photo-enforced intersection.

From the evidence presented in the study, it is clear that the everyday driving public is sharply aware of which intersections are photo enforced and which are not. When motorists travel through a photo-enforced intersection and observe a “yellow,” they are deeply inclined to either brake heavily before the limit line or aggressively accelerate as to not be caught by the undiscriminating Electronic Cop. These sort of reactive driving maneuvers can create increased danger to other motorists and pedestrians on the roadway.

Another red-light camera study was conducted by U.S. House Majority Leader, Dick Armey in 2001. This study noted that in several cities with the red light cameras, the timing of the yellow-light interval had mysteriously decreased after the cameras were in operation. Interestingly enough, the congressman also concluded that:

“Every study claiming red light cameras increase safety is written by the same man. Before joining the Insurance Institute for Highway Safety (IIHS), he was a top transportation official in New York City at the time the city began looking into becoming the first jurisdiction in the country to install red light cameras. In other words, the father of the red light camera in America is the same individual offering the “objective” testimony that they are effective.”

Politically, the red-light cameras can be a gold mine. As politicians tend to shy away from raising conventional taxes, the penalty tax is a great way to increase government revenue without raising eyebrows. In California, the penalty tax is 170% of the base fine for traffic infractions. In effect, a $100 base fine becomes a $270 citation.

The monetary benefits of red-light cameras are highly notable. In Redding, California, the Redding Police Department issued 548 red-light citations in a section of roadway where the police cited only seven drivers in the same two month time period a year ago. At $325 for every mailed fine, the City could see a net increase of $175,825 every two months, or up to $1 million of extra revenue per year.

Red-light cameras have been challenged on a constitutional level in several states on grounds that they deny one’s right to due process as guaranteed by the Fifth and Sixth Amendments of the U.S. Constitution. The Sixth Amendement, as incorporated by the Fourteenth Amendment, states that “in all criminal prosecutions, the accused shall enjoy the right to. . . be confronted with the witnesses against him. . .” As a camera cannot be questioned on a witness stand, and the reviewing police officer cannot be 100% sure that he/she is interpreting the violation in its absolute raw form, especially in the day of Photoshop® and other advanced movie editors, some have been skeptical of red-light cameras for their potential misuse and encroachment on a citizen’s guaranteed rights.

Additionally, most photo-enforced intersections are maintained by private third party businesses. As the business only prospers when the cameras engender a profit to the municipality or the business itself, more ethical concerns are raised.

In light of these recent studies, we believe that an assessment should be performed by the Redding Police Department to determine the overall efficacy of camera enforcement in reducing the number, as well as the seriousness, of traffic related injuries. If the intersections actually become more hazardous with camera enforcement, the entire program should be reassessed. Clearly this should be done before the City makes any further long-term commitments into this program.