Rockford & Moline Personal Injury Lawyers - Health

Back to School Safety Tips

Nick Avgerinos — Wed, 03 Sep 2008 10:32:00 GMT

Now that summer vacations are over, and children are returning to school, a safety reminder is always welcomed. The Consumer Product Safety Commission, (CPSC) has released a new guide of back to school safety reminders. While many of these are not groundbreaking, a yearly reminder is always a good idea to keep our children safe!

The report includes these tips:

CPSC approved bicycle helmets. For a guide of which helmets are approved or best for which activities, this link may be helpful.
Avoid Drawstrings. Hood or neck drawstrings can be a choking hazard, particularly on playground equipment.
For budding soccer stars, parents should make sure the goals are safe, as unsecured movable soccer goals can fall and injure or kill children.
Keep on top of recalled products through news sources and the CPSC’s website

Here are some other tips for back to school safety:

A child’s backpack should be well supported and not too heavy. It should have wide, padded shoulder straps, a padded back, and never weigh more than 10-20% of the student’s body weight.
Buckle up on the school bus if there are seat belts. If you school doesn’t provide seatbelts, encourage the school board to reconsider the minimal cost.

The following links may also be helpful: http://www.aap.org/advocacy/releases/augschool.cfm; http://www.rd.com/back-to-school-safety-tips/article11221.html; http://www.redcross.org/article/0,1072,0_276_5556,00.html; http://school.familyeducation.com/back-to-school/safety/37951.html

Originally posted at InjuryBoard by Nick Avgerinos

Worker Wellness: Offensive Approach to Safety Proves Worthwhile for Employers

Nick Avgerinos — Tue, 05 Aug 2008 11:47:00 GMT

Workers’ compensation is an inevitable issue for some companies. When your employees do certain motions day after day, year after year, it’s going to wear down their bodies. But maybe not; maybe it’s just a matter of proper maintenance. After all, we take our cars in regularly, with the cars that acquire more miles quickly being checked out more often. So why don’t we give the same treatment to our bodies?

Well, most of us just don’t have the time. And many of us sit at a desk all day, leaving our body parts more vulnerable to falling asleep than falling apart. But for those in jobs where arduous physical exertion is part of the job description, it makes sense that one’s body needs frequent tune-ups. One Nebraska company, Lincoln Industries, has taken matters into its own hands, instituting an independent wellness program.

In fact, the company employs 3 people devoted entirely to managing its workers’ wellness. Some of the perks: optional pre-shift stretching and on-site massages. Not bad, huh? The company also conducts annual blood, hearing, and vision screenings, and requires quarterly check-ups that measure weight, body fat, and flexibility. The workers are then given a fitness rating, ranging from ‘platinum’ to ‘non-medal.’ In order to achieve platinum status, the worker must be a non-smoker.

Although this might all seem a little ‘Big Brother’ to some people, it appears to benefit employers and employees alike. No one is forced to be healthier, but those interested in improving their fitness scores are helped along the way. The company offers classes on health and nutrition, as well as healthy snacks in its vending machines. They’ll also help with gym memberships and exercise equipment.

And what’s the payoff for the employer? Lower healthcare costs…a lot lower. As CNN reports, “The company pays less than $4,000 per employee, about half the regional average and a savings of more than $2 million. That makes the $400,000 Lincoln Industries spends each year on wellness a bargain.” And workers’ compensation claims have dropped, too; the company reports that increased fitness has pushed workers comp costs down from $500,000 five years ago to less than $10,000 thus far in 2008.

Let’s hope that this marks a trend toward smart employment practices, keeping business going well by keeping employees healthy and happy. And for those of us without vigilant employer programs, perhaps it can inspire us to take control of our own fitness regimens. From a legal standpoint, frequent check-ups are certainly helpful, not only for keeping your body in good shape, but for documenting the changes that your body undergoes over time. Causation is always a key issue in workers’ compensation claims. So, take care of yourself and don’t ignore your body’s signs of trouble. We may not need an oil change every 7,500 miles, but we do need to go see a doctor every so often.

Originally posted at InjuryBoard by Nick Avgerinos

Stay in Touch with the Cell Phone / Cancer Debate: 5 Tips to Limit Your Risk

Nick Avgerinos — Fri, 01 Aug 2008 11:34:00 GMT

With cell phones pressed to our ears, clipped to our belts, and putting email at our fingertips, it’s becoming hard to imagine life without them. And with our busy schedules, we don’t often take the time to consider whether that’s necessarily a good thing. Cell phone usage has exploded in the last decade, and while numerous studies have been done regarding possible health risks associated with cell phone use, the jury is still out, searching for more conclusive evidence.

The good news: most studies haven’t found any relationship between cell phones and cancer. The bad news: a new warning issued by the head of the University of Pittsburgh Cancer Institute suggests otherwise, based on unpublished data. The new warning emphasizes the danger of cell phone use among small children, explaining that it’s most dangerous for young ones because their brains are still developing. Many have called this new warning alarmist and premature, but it seems too soon to tell its merits.

Devra Lee Davis, the director of the university's center for environmental oncology puts the point well: “The question is, do you want to play Russian roulette with your brain?” Of course, the answer is no. And we certainly don’t want to expose our children to undue health risks. (Unrelated note to parents: this new warning also offers a concrete reason for refusing to indulge your child’s premature desire to procure a cell phone.)

So, if we’re going to be safe, rather than sorry, here are 5 useful tips provided by CNN:

1. Use the speakerphone

This was, without question, the favorite alternative of the experts I talked to. Nothing is near your head. "Hold it away from a minimum of a few inches. A foot or two is ideal," said Magda Havas, an associate professor with the Institute for Health Studies at Trent University in Ontario, Canada.

Havas gives me a little math lesson. Every inch you can get away from your body, the radiation reduces very quickly. "Hold it out two inches, and the radiation drops by a factor of four. Hold it out four inches, and it drops by a factor of 16," she says.

In other words, said Louis Slesin, editor of Microwave News, "every millimeter counts."

2. Use a wired headset with a ferrite bead

No, this is not a piece of jewelry. A ferrite bead is a clip you put on the wire of a headset. The concern is that the wire itself emits radiation into your ear. The bead is designed to absorb the radiation so you don't. They're inexpensive and available at stores or online.

These clips are a favorite of Slesin's. "It's the way to go," he said.

Another fan: Lawrie Challis, physicist and former chair of the Mobile Telecommunications and Health Research Programme, a government panel in Britain. "They did tests at the University of York and found that under even the worst conditions, if you use a ferrite bead, you can't even measure the radiation coming off the wire. This common device kills the radiation."

Of course, if the phone is in your pocket or clipped to your belt, all bets are off, because the phone itself will be radiating into your body. So if you're worried about radiation, keep the phone as far away as possible, and Challis adds to do your best to make sure the wire isn't touching your body.

3. Use a Bluetooth earpiece

A Bluetooth earpiece still has radiation, but it's at least 100 times less than the radiation you get when you hold a cell phone to your head, Havas says.

Our experts were split on which was better: a Bluetooth headset or a wired one. Israeli government recommendations issued this week specifically suggest a wire; Havas likes the Bluetooth. But even she says not to wear it when you're not talking; it still sends out a signal.

"Bluetooth is only whispering radiation into your ear. The problem is, some people wear it all the time," she says. "At the very least, switch it from ear to ear so you don't have too much exposure on one side."

Michael Foley, Ph.D., executive director of the Bluetooth Special Interest Group, says Bluetooth earpieces radiate 200 times less energy than cell phones. "There is no evidence that a Bluetooth headset has any adverse effects on its users," he said.

4. Use a "hollow tube" earpiece

It's just like a regular wired earpiece, except the last six inches or so -- the part next to your ear -- is a hollow tube. There's no wire under the plastic.

"You're getting the sound through the air. You're not dependent on radiofrequency waves," said Dr. David Carpenter, director of the Institute for Health and the Environment at the University of Albany.

Hollow tube earpieces can be purchased on several Web sites.

5. Get a phone with less radiation

Phone radiation is measured in specific absorption rate, or SAR. To look up the SAR for your phone, check this list on CNET.com.

You might think the experts mentioned above all use earpieces or a speakerphone. Not so. Several said they hold it right up to their heads because they use their cells so infrequently, they're not worried about radiation.

"I use it maybe once or twice a week, no more than 10 minutes," said Challis, the former head of the British committee that studied cell phones and radiation. "I use a land line whenever I can."

It's the exposure, day after day, year after year, that matters. As Challis, who's retired, puts it, "If I were younger, I'd take this much more seriously."

Only time will tell what research proves most accurate regarding the cell phone / cancer link. Until then, it’s a good idea to follow these tips: don’t put your safety on hold while we’re waiting for researchers to make the call.

Originally posted at InjuryBoard by Nick Avgerinos

Prognosis Not Good: Slippery Slope of Safety and FDA Approval

Nick Avgerinos — Tue, 01 Jul 2008 11:03:00 GMT

With our incredible research capabilities, the availability of prescription drugs designed for your ailment can be daunting. And most of us want to know exactly what it is we’re putting into our bodies by taking that pill. An FDA approval acts as a safety blanket, something to quiet those doubts about filling a prescription.

For those of us who are that cautious, who avoid the ominous online world of fast pharmaceuticals, and do our own research regarding benefits and side effects, that seal of approval from the FDA is an affirming nod from those who know better. It’s disconcerting to learn, then, that “FDA approved” doesn’t mean a whole lot…at least not anymore.

You should know that recent litigation has whisked away your safety blanket and revealed the scary state of pharmaceuticals underneath. Nothing guarantees that what you’re taking is safe. Nothing. Recent high court cases are emphasizing just that, allowing pharmaceutical companies (and the FDA) to escape liability when those “FDA approved” drugs are discovered to be dangerous.

On May 28, for example, two separate state appellate courts largely dismissed claims regarding the painkiller Vioxx. Merck withdrew Vioxx from the market in 2004 after research demonstrated that the drug was linked to increased risk of heart attack. Effectually, the courts said “that’s too bad.” But words ring hollow for those whose lives are jeopardized by such risks.

As Forbes noted, this is good news for medical device makers. Unfortunately, it’s bad news for the rest of us. A case set to go before the Supreme Court this fall, Wyeth v. Levine, will have a big role in shaping your rights with regard to pharmaceutical products. A ruling for Wyeth would preempt product liability lawsuits when a drug has been approved by the FDA, even when the drug is subsequently found to be harmful. Such a ruling would likely lead to further curtailing of your rights, as other industries would try to mimic this preemption doctrine.

When asked what its own approval means, the FDA responds as follows:

“No drug product is ‘perfectly’ safe. Every single drug that affects the body will have some side effects. Since the FDA considers both the benefits and risks of all medications before approval, side effects are generally not serious. For every drug FDA approves, the benefits are balanced against its risks. In addition, FDA makes sure the labeling (package insert) outlines the benefits and risks reported in the tested population. You and your health-care provider should decide together if the benefits outweigh the risks for YOU. Talking about your medicines with your health-care provider is just as important and good for your health as a complete check-up and taking your medicine as directed.”

In other words, talk to your doctor. Do your own research. And it’s a good idea to keep an eye on current legal decisions. Knowing your health and your rights is primarily your own responsibility. And if the current of the Supreme Court keeps trending the same way, you might be the only one left to take responsibility. So, please, be responsible.

Originally posted at InjuryBoard by Nick Avgerinos

Faceless Foibles: Who’s To Blame For Medical Device Mishaps?

Nick Avgerinos — Wed, 25 Jun 2008 16:47:00 GMT

A lot of people see the legal arena as a battlefield. The goal? The attach blame to the enemy faction and extract compensation. But behind those battle lines, there are people. Mistakes have been made and everyone just wants to move on. What makes matters trickier is when there is no one to blame. No, I’m not talking about those rare “Act of God” cases; rather, I’m referring to medical devices gone wrong. Here are some common problems:

Prescription drugs
Heart valves and pacemakers
Implantable contraceptives and intrauterine devices
Prostheses
Latex gloves
Silicone implants
Surgical and physical therapy equipment
Respiratory devices
Contact lenses and dental care products
Laser and orthopedic tools

You assume that just because you’re treated at a well-respected hospital by a well-trained doctor, you’ll be safe. Unfortunately, that’s not the case. Sometimes it’s not about human error. Instead, machines are to blame. And that makes your situation more difficult all around. There’s “no one” to blame, no face to attach to your pain. So what now? Do you have a personal injury claim? Are you the victim of medical malpractice? Well, it depends.

Of particular interest to patients is the recent Supreme Court decision of Riegel v. Medtronic, Inc. As Injury Board member Dan Firth discussed in May, this case involved the bursting of a balloon catheter, manufactured by Medtronic, during angioplasty surgery. The result: Medtronic was not held liable. The suit was dismissed on grounds that the malfunctioning device had pre-market FDA approval and, thus, was barred by the Food, Drug, and Cosmetic Act.

The Court reasoned that the FDA has the responsibility for evaluating the risks and benefits of a new device and assuring that it is safe and effective for its intended use. Thus, they should take the blame for the mistake. And while that may make legal sense to some, it doesn’t make much common sense to most. Why? The FDA approves devices for sale, but it does not guarantee that a particular product is safe. Seems like a game of hot potato, passing the buck as to who’s to blame.

So, where does that leave you? We don’t know yet. The legal landscape is still growing up around this fresh decision. But there’s little question that patients deserve more protection. Keep up-to-date on the latest recalls and always question your care. Until someone is forced to take responsibility for these faceless foibles, you’ll have to be extra aware of choices affecting your health.

Originally posted at InjuryBoard by Nick Avgerinos