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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!