2008 October | www.reinerinjurylaw.com

Another Boating Accident at Bridge Construction

Posted under: Boating Accidents — tslaughter @ 9:28 am

On Thursday, October 30, 2008, another boating accident occurred on the Sacramento River in Redding. This time three visiting fishermen were cast from their boat at the construction site of the Highway 44 bridge. The boat struck a construction piling and capsized. The men were saved by nearby construction workers. The 14-foot aluminum boat was ill-suited for handling the currents of the river, particularly in this area where the waters are channelled into a narrow passage beneath the construction zone. Even local professional guides have noted the treacherous current caused by the channeling. There were life vests in the boat, but not worn at the time of the incident.

Like the bridge at Cypress Street, the Highway 44 bridge will be under construction for the next two years or so. Construction tressels have been built upon pilings that narrow the area for boating public to pass. At the 44 bridge, a peninsula has been built from the shore extending approximately 2/3’s the way across the river, greatly narrowing the channel and increasing the velocity of the flow beneath the structure.

The attorneys at Reiner, Simpson & Slaughter have been following the boating safety practices in the area from the Posse Grounds to the Cypress Street bridge since the construction work on the two bridges began. See our prior post. This is the third known boating accident involving the bridges under construction in our area in the last year. One man died when the driftboat he was in struck a construction piling at the North Street bridge in Anderson.

In the last few months we have noticed an increase in the number of boats and other flotilla passing under the construction zone at the Cypress Street bridge despite the fact that the City of Redding has closed this passage during high river flows. This last incident points out the fact that visiting boaters may not fully appreciate the hazards involved in maneuvering around these construction zones. In assessing the recreational and economical benefits that attend the boating use of this 1/2 mile segment of the Sacramento River, we should strongly factor in safety. After all, the construction work will only last a couple of years, but the loss of life is forever.

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Thoratec Recalls HeartMate II Blood Pump

Posted under: Drugs and Medical Device Recalls — tslaughter @ 11:43 am

Thoratec Corporation of Pleasanton, California, issued a firm press release through the FDA advising of the worldwide recall of its HeartMate II LVAS blood pump. These Left Ventricular Assist Systems (LVAS) have been distributed since the initial clinical trials in 2003. The manufacturer warns that wear and tear of the percutaneous lead connecting the pump to the System Controller has been found to result in damage that could cause the pump to fail. The probability of failure increases with the length of usage.

Thoratec warns that failure of the lead could result in disruption of pump function and require re-operation. The company reports there have been five failure related deaths.

Patients with these pumps should consult their physicians immediately to determine the extent of damage, if any, to the percutaneous leads. An Urgent Medical Device Correction letter is being sent to hospitals. Further information can be obtained from Thoratec at 1.800.528.2577.

The Redding lawyers at Reiner, Simpson & Slaughter have extensive background in heart related health care, and endeavor to keep the Northern California public informed of current developments in this field.

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Statistics Show Antilock Brakes on Motorcycles Save Lives

Posted under: Motorcycle Accidents — tslaughter @ 11:04 am

The Insurance Institute for Highway Safety recently published statistics that show that anti-lock brakes on motorcycles save lives.

Anti-lock brakes are found on touring bikes and a limited number of motorcycles. They cost about $1000.

The statistics revealed that for 10,000 motorcycle accidents in 2005 and 2006, 6.6 fatal crashes were on bikes without anti-locks, and 4.1 involved bikes with antilocks. The statistics may be skewed by the level of experience and riding environment of those riding the differing types of bikes. Experience as well plays into the riders ability to stop, with it often being asserted that very experienced riders can stop with traditional brakes in shorter distances.

The disturbing part of the statistical work-up was that fatal motorcycle accidents have doubled in the last decade. More than 5,000 motorcyclist deaths occured last year compared with 2,294 in 1997.

This trend seems to be occuring in Northern California as well. Over this past summer there was an unsually high number of motorcycle deaths. Increasing population and traffic can account for some of these incidents, but, unfortunately, several occurred solo in the rural mountaneous areas. Let’s hope this trend can be curbed. If antilock brakes help at all, they should be embraced and made more available.

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Safety Around School Buses

Posted under: Automobile Accidents — tslaughter @ 1:05 pm

A few mornings ago, a Redding, California high school student was tragically struck by a pickup truck while crossing Eastside Road to board her school bus. It was probably dark at 6:30 a.m. that morning. According to the police, the Shasta Union High School District bus followed all the proper protocol for the stop and had its flashing red lights and extended stop sign displayed at the time of the accident.

Reports of the incident indicate that the driver of the pickup truck believed he was approaching a construction zone instead of a school bus stop when he saw the flashing red lights. The 16 year-old student was taken to Mercy Medical Center with critical injuries. She remains in serious condition to this date.

This event reminds us all to be ever mindful of children near school zones and school bus stops. California law requires that motorists approaching from either direction of a school bus with red lights flashing and stop signal arm engaged (if so equipped) stop immediately and not proceed past the bus until the lights and signal have ceased operation. The only time a motorist may pass a stopped school bus is if the motorist is on the opposite side of the road from the bus and is on a multiple lane or divided highway. A multiple lane highway is any highway that has two or more lanes of travel in each direction. A divided highway is a highway that has been dividied into two or more roadways by means of intermittent barriers or a dividing section of not less than two feet in width, either unpaved or delineated by curbs, double-parallel lines, or other markings. Eastside Road in the location of this accident is a two-lane undivided highway.

Throughout the school year, the Redding lawyers at Reiner, Simpson & Slaughter would like to encourage all motorists to take special precautions when they see the flashing red lights on a school bus. It can sometimes be hard to differentiate a school bus from other roadway distractions. For this reason, we also encourage our readers to proactively look for school buses in the mornings between 6 a.m. and 10 a.m. and in the afternoons between 2 p.m. to 6 p.m. Motorists should also become familiar with the bus stops in their neighborhoods and work locations.

A few extra precautions may save a lifetime of heartache and regret.

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Should China Comply with U.S. Standards for Food and Drug Safety?

Posted under: Product Safety — tslaughter @ 11:03 am

A fascinating article published by the Council on Foreign Relations today offers insight into the market forces and regulatory malaise in China that may explain the recent explosion of contaminated food and drug products that have dominated the news. As a background, the article reports that U.S. foodstuff imports from China have grown 140 percent from 2002-2007. China is now a “major supplier of seafood, canned vegetables, fruit juices, honey, and a variety of processed foods to the United States.” Media reports of widespread contamination of Chinese milk products, pet food and pharmaceutical ingredients may only be the tip of the iceberg.

Though the U.S. Food and Drug Administration (FDA) has recently sent an envoy of FDA employees to assist the Chinese government in creating a framework for product safety oversight, the “top-down” approach of the regulating agencies appears to have little affect at the local level. As the article points out, local officials are “often in cahoots with factory managers,” making them less willing to enforce centrally mandated standards.

The business model which apparently pervades the country is described as an “ultracompetitive business environment.” Manufacturers or producers that use good business practices, or adhere to high quality and safety standards, are seen as working at an economic disadvantage. Economic advantage is seen as only possible if the rules are broken or ignored.

Another issue pertains to the widespread, non-aggregated nature of the food export industry in these countries. In contrast to the United States, China’s food production derives from nearly one million small food processing factories. Under these circumstances, and combined with the ultra-competitive business atmosphere, it is nearly impossible to gain adherence to strict quality control standards, or to minimize contaminants such as pesticides. Food products with pesticide levels higher than U.S. standards permit are often hitting our shelves.

As our posts have often argued, one way of enforcing U.S. or international standards against Chinese or other foreign manufacturers and producers is to impose a product liability system similar to that employed in most states of the United States which establishes strict liability on not only the manufacturer, but all distributors and sellers within that product’s line of distribution. This would prompt more self-policing as companies would act out of their own self-interest in refusing to move products to market that were not guaranteed safe.

Today there is growing concern among American consumers that they are “at the mercy” of these foreign producers. The natural response to this is to avoid the products that are produced off-shore. Because of the increasing prevalence of these products, however, such avoidance may be an inreality. Unfortunately, under the current scheme it would appear that unless something disastrous happens, such as huge outbreak of illness or death, the poor manufacturing and producing standards being employed by these foreign companies will continue to “fly beneath the radar.”

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Another Cell Phone Related Fatality

Posted under: Automobile Accidents — tslaughter @ 9:58 am

The Redding Record Searchlight reported that another cell-phone related traffic fatality occurred over the last weekend. This time the tragedy befell a 57 year-old grandmother when her driving granddaughter diverted her attention to her phone charger while proceeding down the mountaneous Highway 299 near Oak Bottom. When the girl looked back up, she had drifted off the highway. She overcorrected, lost control, and slid down an embankment until slamming into a tree. The grandmother died at the scene and the 17 year-old girl was taken to mercy Medical Center in redding with moderate injuries.

The Redding lawyers at Reiner, Simpson & Slaughter have been monitoring serious cell-phone and text messaging related crashes for the last several years. This case is a terrible example of a simple innocent moment of inattention that lead to catastrophe. We strongly urge drivers to put away the cell-phones while driving. Even glancing at a text message could have catastrophic consequences. Let a passenger deal with the phone. Get your messages after you arrive at your destination. Don’t let bad “habits” control the operation of your vehicle. No message or conversation is that important!

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Bus Fatalities Revised Downward

Posted under: Uncategorized — tslaughter @ 9:09 am

The Oroville Mercury-Register just reported that the death toll on last nights bus rollover crash in Colusa County has been revised downward from 10 to 8.

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Deadly Bus Rollover Crash near Williams

Posted under: Rollover Accidents — tslaughter @ 8:57 am

At about 6:10 last evening, a horrific bus rollover crash occurred just east of Williams. A charter bus bound for the Colusa Casino Resort drifted or veered onto the shoulder of Lone Tree Road off of I-5, then overcorrected and began to roll. Passengers were ejected during the rollover which crushed the bus’s roof. Ten passengers have been confirmed dead this morning. As many as 35 others have been taken to Enloe Hospital, U.C. Davis Medical Center and other hospitals with serious to critical injuries.

An immediate explanation for the crash has not been apparent. It issuspected that the driver was under the influence of prescription or non-prescription medications, but the results from any drug testing conducted after the crash have not yet been released. Local television stations reported this morning that the driver, also seriously injured in the crash, has been placed under arrest.

The bus appears to have originated from Sacramento. Thought initially to have been a Greyhound Bus, it appears that it was owned by a local charter company. The name of the charter company has not been released. It was reported that the Texas license plates on the bus were invalid. The relationship of the charter to the casino is not yet known.

This was a terrible, terrible accident and our sorrow and condolensces go out to the families of those injured or killed. If you believe that a family member or friend was on the bus, we suggest that you contact the Williams District Office of the California Highway Patrol at 530.473.2821.

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BRP Recalls Youth Can-Am ATVs

Posted under: Product Recall — tslaughter @ 9:35 am

On October 1, 2008 the U.S. Consumer Product Safety Commission issued a recall alert on the 2008-2009 Can-Am Youth ATVs imported and sold by BRP U.S. Inc. The defect relates to the “safety cord” which is intended to shutoff the engine in the event of operator ejection. It does not work reliably, causing the ATV to continue to operate uncontrolled, and creating a substantial risk of injury to the operator and by standers.

The Model Year 2008-2009 Can-Am DS 90 X ATV is the subject of the recall. They were manufactured in Vietnam. Parents should stop children from using these vehicles immediately and contact any Can-Am dealer to schedule a repair. BRP may be reached at 888.638.5397. Can-Am is a registered trademark.

The Redding lawyers at Reiner, Simpson & Slaughter publish these recall notices on products often utilized by the public in the Northern California region.

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90% of Nursing Homes in America Violate Federal Standards

Posted under: Nursing Home Care — tslaughter @ 9:40 am

In a startling report published by the New York Times on September 30, 2008, it was disclosed that the U.S. Department of Health and Human Services found that at least 90% of the elderly nursing homes it inspected were offering care below the Federal minimums. For-profit concerns had the highest percentage of deficiencies (94%), while non-profit homes were below standards 88% of the time.

In 17 percent of the homes, the deficiencies caused actual harm or immediate jeopardy of harm to patients. The abuse and neglect of the patients most commonly involved infected bed sores, misadministration of medications and poor nutrition. Lack of skilled supervised care providers was cited as the primary cause of the problem.

Today, there are approximately 1.5 million people in America that live in 15,000 nursing homes. As “Baby Boomers” continue to age, the population of Americans living in these facilities will only increase. If the system is already overtaxed and underfunded, it can only get worse. This is unacceptable.

Anyone who has spent anytime in a nursing home attending to family or friends, soon appreciates the great deal of work that is required to make sure that the patients receive adequate attention and care. These facilities seem chronically understaffed. We understand the strains that understaffing places on those that do provide care, but often the problem is with the management of the facility itself.

If you are having concerns about the care that is being provided to an elderly or disabled loved one, and believe that injury or abuse is occuring, please call our Redding attorneys as we would be glad to discuss the situation with you. If we can help, we will.

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Blog

October 31, 2008

Another Boating Accident at Bridge Construction

October 26, 2008

Thoratec Recalls HeartMate II Blood Pump

October 24, 2008

Statistics Show Antilock Brakes on Motorcycles Save Lives

October 22, 2008

Safety Around School Buses

October 17, 2008

Should China Comply with U.S. Standards for Food and Drug Safety?

Another Cell Phone Related Fatality

October 6, 2008

Bus Fatalities Revised Downward

Deadly Bus Rollover Crash near Williams

October 3, 2008

BRP Recalls Youth Can-Am ATVs

October 2, 2008

90% of Nursing Homes in America Violate Federal Standards