Washington DC Injury Lawyer Blog

CPSC Recalls “ChildESIGNS” and Generation 2 Worldwide Drop-Side Cribs Following Three Child Deaths

February 10, 2010 | Lebowitz & Mzhen

Our Washington DC products liability attorneys are concerned about the dangers that poorly designed cribs post to young children. On Tuesday, the U.S. Consumer Product Safety Commission announced that it is recalling all “ChildESIGNS” and Generation 2 Worldwide drops side cribs following three infant deaths. The CPSC says these cribs are very dangerous and pose suffocation and strangulation risks to children. The CPSC wants caregivers and parents to stop using these cribs right away.

The three babies died after the drop side on their cribs detached and they got stuck between the mattress and the drop side. The first crib entrapment death happened in September 2002 when the six-month old infant suffocated. The drop side became detached because it was missing two screws.

The entrapment death, involving an 8-month-old victim, happened in October 2003 after the drop side’s plastic hardware broke. In July 2007, an 8-month-old child suffocated during an entrapment accident.

There have been 20 other reported drop side incidents involving the recalled cribs. Two children survived their entrapment accidents, although one child sustained bruises. Five kids fell from their cribs when the drop sides detached. One child broke an arm.

Eight other incidents involved the mattress support detaching. In three of these crib accidents, three kids became entrapped between the mattress and the crib frame while four kids were able to crawl out of the crib. One child suffered bruises and cuts.

Generation 2 is no longer in operation.

Drop-Side Crib Dangers

As more drop-side cribs are recalled because of the possible entrapment, strangulation, and fall hazards they pose to infants and toddlers, it is no longer possible to ignore the dangers that this type of crib can pose because of the way they are designed. Millions of drop-side cribs have been recalled over the past couple of years. Some crib manufacturers are even proposing a ban on drop-side cribs.

Generation 2 Worldwide and “ChildESIGNS” Drop Side Crib Brands Recalled; Three Infant Deaths Reported, CPSC, February 9, 2010
Major manufacturers propose ban on drop-side cribs, Chicago Tribune, March 18, 2010
Related Web Resources:
What are the safety issues with drop-side cribs, About.com
Crib Bands from Consumer Reports

Are Washington DC Nursing Homes Doing Enough to Prevent Patient Abuse and Neglect? : One in Five US Nursing Homes Receive Low Star Ratings for Quality

February 4, 2010 | Lebowitz & Mzhen

USA Today reports that one in five of the 15,700 nursing homes in the US received low ratings for two years in a row under Medicare’s five-star quality rating system. The assisted living facilities that received the lowest ratings averaged 14 deficiencies each.

Medicare primarily determines its ratings based on data from the last two years, including inspection findings and complaint investigations. USA Today reports that there are Washington DC nursing homes among the assisted living facilities that scored poorly over consecutive years.

Our Washington DC nursing home lawyers are aware of the abuse and neglect issues that can arise for patients staying at an assisted living facility in the District of Columbia area. It is important that you remove your loved one from the nursing home where the abuse or neglect is taking place and that you explore your legal options.

Some of the signs that a patient may be experiencing Washington DC nursing home abuse or neglect:

• Bruises, cuts, burns, or fractures that can’t be explained
• Genital infections
• Mood swings
• Depression or withdrawal
• Behavioral changes
• Bedsores
• Broken bones
• Rope marks on wrist
• Unexplained anal or vaginal bleeding
• Sudden weight loss or weight gain
• Unsanitary living environment
• A patient who isn’t bathed and/or is left in soiled clothing
• Dirty linens
• Hazardous living conditions

Remember that nursing home abuse comes in many forms. A patient may be the victim of physical violence, sexual violence, psychological violence, or emotional abuse. It is also considered elder abuse to exploit a nursing home patient’s financial resources.

Analysis: Poor ratings persist for 1 in 5 U.S. nursing homes, USA Today, January 28, 2010
Related Web Resources:
Elder Abuse and Neglect, Helpguide.org
Nursing Home Compare, Medicare.gov
Nursing Home Directory, DOH Health Care Facilities Division

Preventing Washington DC Auto Products Liability: Latest Toyota Recalls Over Floor Mat and Gas Pedal Defects Have Consumers Worried

January 31, 2010 | Lebowitz & Mzhen

In less than two weeks, Toyota has recalled 3.4 million vehicles in the US over accelerator-related auto defects. The first recall, involving 2.3 million vehicles, was announced because of a sticky gas pedal problem. Toyota has recalled 1.9 million vehicles over the same problem in Europe and China.

That recall was followed by the announcement this week that an earlier recall, involving floor mats that a gas pedal can get stuck on while the car is running, had been expanded. 1.1 million autos are joining the list of 4.3 million vehicles that were recalled last November—adding up to a grand total of 5.4 million Toyota vehicles that may possess this possible vehicle defect.

On Saturday, Toyota told the National Highway Traffic Safety Administration that it had come up with a fix to the sticking gas pedal problem. Details would be announced on Monday. The auto manufacturer’s reputation has been seriously tarnished in the wake of so many safety issues and auto defects.

The floor mat-gas pedal defect was responsible for the August deaths of four family members who were riding a Lexus that not only accelerated to speeds of over 100 mph but also could not be stopped. It turns out the floor mat had jammed the gas pedal. In December, another four people died during a single-vehicle Toyota car crash involved what appears to by a runaway Toyota. This time, the floor mat had been removed from the driver’s side. ABC News reports that there have been over 60 Toyota runaway car accidents in the last few months.

Accelerator-related defects can cause serious Washington DC personal injuries and may be grounds for an auto products liability lawsuit. While recalls are positive in the sense that an auto defect can be fixed, in many instances, the car manufacturer may have waited until after serious injuries or fatalities had occurred before announcing the recall.

Toyota gas pedal fix blessed by government; parts could be at dealers next week, Los Angeles TImes, Los Angeles Times, January 30, 2010
Toyota recall list: What to do if your gas pedal sticks, Christian Science Monitor, January 27, 2010
Toyota recall: 2.3 million cars, CNN, January 22, 2010
Related Web Resources:
Toyota Motor Corp.

US Government Bans Truckers and Bus Drivers from Texting While Driving

January 26, 2010 | Lebowitz & Mzhen

The US government has officially banned truck drivers and bus drivers from texting while driving their commercial vehicles. The order is part of federal lawmakers’ efforts to get rid of “the threat of distracted driving,” says Ray LaHood, the US Transportation Secretary.

Already, 19 US state and Washington DC have a ban that makes it illegal for all motorists to text while driving. Research shows that texting while behind the wheel of any vehicle is incredibly dangerous behavior. The Virginia Tech Transportation Institute says that text messaging increases the chances that a truck driver will be involved in a truck accident or a near-truck collision by 23 times. The Federal Motor Carrier Safety Administration has said that a driver who is texting must take his/her eyes of the road for about 4.6 out of every six seconds. The consequences for those involved in a Washington DC truck crash or a bus collision can be catastrophic.

Transportation Secretary LaHood says commercial drivers caught texting while driving may be subject to a maximum $2,750 fine. However, whether this ban can be fully enforced is unclear. Police officers will likely have a hard time looking inside a bus or the cab of an 18-wheeler truck or a tractor-trailer to see if a driver is holding a phone or a PDA and texting while driving.

According to recent statistics provided by the National Safety Council, 28% of traffic crashes happen when motorists are texting or talking on their cell phones while driving. The NSC says cell phone use was a factor in 1.4 million car crashes, while texting is linked to 200,000 motor vehicle crashes.

Washington DC Truck Accidents

Proving liability in a truck crash is very difficult. That said, it is important that a negligent driver or truck company compensate you for your personal injuries or the wrongful death of someone you love. This is where an experienced Washington DC truck accident law firm can help you.

U.S. bans truckers, bus drivers from texting while driving, Washington Post, January 26, 2010
U.S. Transportation Secretary Ray LaHood Announces Federal Ban on Texting for Commercial Truck Drivers, US Department of Transportation, January 26, 2010
New data from Virginia Tech Transportation Institute provides insight into cell phone use and driving distraction, Virginia Tech, July 29, 2009
Related Web Resources:
National Safety Council

Defects Involved in Recalls of 1.5 M Graco Strollers and 635,000 Dorel Asia Cribs Can Be Grounds for Washington DC Products Liability Lawsuits

January 22, 2010 | Lebowitz & Mzhen

This week, the Consumer Product Safety Commission announced a number of product recalls. Among them were two significantly large recalls involving the risk of serious injuries to infants and toddlers.

On Wednesday, along with Graco Children’s Products Inc., the CPSC recalled approximately 1.5 million Graco Strollers following two fngertip laceration accidents and five incidents involving fingertip amputations to children. The kids’ fingers were injured in the stroller canopy’s hinge mechanism.

Kid’s fingertips are highly sensitive and can damage easily during amputation, tearing, or crushing. Young children are especially at risk of sustaining fingertip injuries because they are always touching and/or placing their hands in objects. Ensuring that a fingertip injury receives immediate medical attention decreases the chances of permanent disability or deformity.

US Department on Transportation and National Safety Council Step Up Fight Against Distracted Driving with FocusDriven Advocacy Group

January 16, 2010 | Lebowitz & Mzhen

The US Department of Transportation and the National Safety Council have created FocusDriven. This is the first national advocacy group focused on supporting distracted driving victims and raising awareness about the dangers this very bad driving habit presents to motorists and pedestrians. The group was developed as a result last year’s Distracted Driving Summit in Washington DC. On its Web site, FocusDriven states that its vision is to save lives and prevent injuries by eliminating the use of cell phones while driving.

For awhile, motorists and lawmakers thought that using a cell phone wasn’t too dangerous as long a driver kept both hands on the wheel and used an earpiece or Bluetooth device. While there are accident statistics that indicate a higher crash risk when a driver uses a handheld cellular phone, rather than a hands-free device, the mounting data which proves that talking on any type of cellular device while operating a motor vehicle is just plain dangerous can no longer be ignored. Like Mothers Against Drunk Driving (MADD), FocusDriven wants everyone to fully comprehend that there is no doubt whatsoever that talking on a phone while driving can injure and kill people.

Transportation Secretary Ray LaHood and the NSC chose to announce creation of the advocacy group on Tuesday, exactly one year after the NSC called for a nationwide ban on the use of cell phones while operating a motor vehicle. The US government also recently launched a federal Web site called Distraction.gov, which focuses on raising awareness about the dangers of distracted driving. LaHood says the Obama Administration is committed to “putting an end” to distracted driving.

Washington DC Car Accidents

In a busy city like Washington DC, it is not uncommon for motorists and pedestrians to multi-task while trying to manage busy careers, social calendars, and personal lives. Many people are wedded to their cell phones and PDAs, so it is not uncommon to make calls and send messages while commuting to and from work. Unfortunately, multi-tasking while operating a motor vehicle is a bad idea and can be considered negligent driving if someone is killed or hurt in a Washington DC motor vehicle collision as a result.

U.S. Transportation Secretary Ray LaHood and the National Safety Council Announce FocusDriven, January 12, 2010, (PDF)

Related Web Resources:

FocusDriven

Distraction.gov

National Safety Council

$30 Million Washington DC Bus Crash Lawsuit Filed Against Metro by Injured Congressional Staffer

January 11, 2010 | Lebowitz & Mzhen

Amanda Mahnke, Representative Rick Larsen’s communications director who was seriously injured when an empty bus struck her on September 3, is suing Metro for Washington DC personal injury. She is seeking $30 million in damages.

According to Mahnke’s DC bus accident lawsuit, she sustained permanent injuries, including a traumatic brain injury, a broken clavicle, a fractured skull, fractured ribs, a collapsed long, an epidural hematoma, a pelvis fracture, and other personal injuries when she was struck by the Metro bus while she crossing an intersection on Florida Avenue, NW. She is accusing Metro of negligence for allowing bus driver Carla A. Proctor to keep driving its buses even though she had been sued in the past for causing other collisions.

Proctor was involved in a multi-vehicle crash involving another bus and seven autos in March 2003 when she got out of the bus to examine a faulty door. According to lawsuits against Metro and Proctor, because she allegedly failed to set the brake the bus rolled down a hill. After Proctor struck a parked vehicle in December 2004, an elderly bus passenger filed a Washington DC bus crash lawsuit against Metro.

Washington DC Traumatic Brain Injuries Can Cause Emotional Processing Problems for Victim, Says New Study

January 5, 2010 | Lebowitz & Mzhen

According to studies conducted by Professor Roger Wood, a head injury specialist, and Claire Williams from Swansea University, many traumatic brain injury patients experience personality changes as well as suffer from emotional processing issues. A loss of emotional attachment, which family members have described as lack of love or warmth, as well as a decreased ability to experience empathy, are some of the problems that can arise. These emotional processing issues not only cause relationship difficulties between TBI patients and their families, but they can make recovery more challenging.

In one of the studies conducted by Wood and Williams, they discovered TBI patients had a hard time recognizing the emotions that people on video and in pictures were exhibiting. This impairment did not appear to be related to general cognitive deficits, the seriousness of the TBI, or the time that had lapsed since the head injury occurred.

Williams and Wood say that alexithymia, a personality trait that makes it hard for people to describe their own feelings, appears to be more common in TBI patients.

Traumatic Brain Injuries

Traumatic brain injuries can occur as a result of car accidents, truck crashes, pedestrian accidents, motorcycle collisions, medical malpractice, birthing malpractice, serious fall accidents, drowning accidents, choking accidents, or other kinds of Washington DC injury accidents.

Living with a TBI can seriously impair a person’s ability to live a normal life. In many serious traumatic brain injury cases, the annual medical costs for taking care of a TBI patient can be astronomical. The lives and well-being of family members and close friends are also seriously affected.

Traumatic Brain Injury leads to problems with emotional processing, Psychology Today, January 3, 2010
Related Web Resources:

The Balanced Emotional Empathy Test (BEES) and Optional Software

Traumatic Brain Injury, Mayo Clinic

Driver of Vehicle Charlie Davies was Riding in During George Washington Parkway Car Crash Drank Alcohol, Say Police

December 31, 2009 | Lebowitz & Mzhen

According to police, the driver of the vehicle that US national soccer player Charlie Davies was riding when he was critically injured during a Washington DC car accident last October told them she consumed alcohol before the fatal collision.

Davis, 23, sustained serious bladder injuries and two fractures during the single-vehicle collision on October 13. 22-year-old Maryland resident Ashley Roberta, who was also a passenger, died from her injuries.

The driver of the vehicle sustained minor injuries. She also reportedly told police that she was adjusting her GPS unit when Roberta called out to her to “Watch out.” The vehicle then struck a guard rail close to Boundary Channel. The impact of the crash cut the vehicle in half.

Two People Standing on Sidewalks Killed in Separate Washington DC Pedestrian Accidents

December 23, 2009 | Lebowitz & Mzhen

A young woman has died from injuries she sustained last night in a Washington DC pedestrian accident at a bus stop on Pennsylvania Avenue. An auto that drove onto the curb that she was standing on struck her.

Her death is the second Washington DC pedestrian fatality to occur on a sidewalk in less than 24 hours. Earlier yesterday, a man he was struck by a pickup truck on 12th Street and Rhode Island Avenue NE. The truck driver drove onto the sidewalk after hitting a car. Metro Police are investigating whether speed, weather, or other factors contributed to this tragic Washington DC traffic crash.

Although Transportation for America ranked Washington DC as number 32 behind 31 other US areas that are more dangerous for pedestrians—9 of the 34 traffic fatalities last year were Washington DC pedestrian deaths—pedestrian accidents continue to occur in this city filled with commuters, tourists, students, and families.

Drivers must watch out for pedestrians, who have no protection from the impact of getting struck by a tractor-trailer, a bus, a SUV, a car, a motorcycle, a 15-passenger van, a delivery truck, an 18-wheeler truck, or another kind of motor vehicle. The Insurance for Highway Safety reports that children younger than age 13, elderly adult pedestrians, and male pedestrians are the groups with the higher pedestrian death rate. However, regardless of age or demographic, striking a pedestrian with an auto can cause catastrophic injuries or death.

In addition to pedestrian carelessness and driver negligence, Transportation for America says poorly designed roads are also a common cause of pedestrian injuries or deaths. This is important to note, because there could be more than one party that can be held liable for a Washington DC pedestrian injury or death.

Pedestrian Hit, Killed in Northeast DC, MyFOXDC, December 22, 2009
Car hits, kills woman at D.C. bus stop; truck kills pedestrian, Washington Post, December 23, 2009
Pedestrians, IIHS
Dangerous By Design, Transportation for America
Related Web Resources:

District Department of Transportation

NHTSA