Reno Personal Injury Lawyer

FDA Investigating Caffeinated Products

Steve Klearman — Mon, 29 Apr 2013 22:00:00 GMT

The U.S. Food and Drug Administration (FDA), is launching an investigation into foods that boast “added caffeine for an energy boost,” to determine the potential health risks for children and young adults.

The FDA’s probe into caffeine products is a response to a new product released by Wrigley this week called “Alert Energy Gum,” that promises “The right energy, right now.” Popular energy drinks and shots such as Monsters and RedBull’s are already on the agency’s radar following an array of serious events — including heart palpitations, high blood pressure and even cardiac arrest and death.

Michael Taylor, FDA's deputy commissioner of foods, said in a statement Monday that the proliferation of caffeine added to foods is "beyond anything FDA envisioned." The agency intends to investigate the potential impact these new sources of caffeine will have on children’s health. And will be prepared to take action if deemed necessary.

Originally posted at The Legal Examiner by Steve Klearman

Proposed Bill Would Allow Motorcyclists To Cut Through Traffic

Steve Klearman — Fri, 26 Apr 2013 10:55:00 GMT

Assemblyman Dick Daly, recently presented Assembly Bill 236 to the Senate transportation committee as a safety bill. The measure would permit motorcyclists to drive between lanes, thereby skipping traffic jams; if they are careful in doing so.

“When it is possible to do lane splitting, it increases statistics of road safety,” Daly said.

The measure would also help address overheating problems due to motorcycles being air-cooled and they don’t do well idling in traffic when it’s hot which is a particular concern for riders in southern Nevada. The same is true also for riders that wear heavy leather for safety reasons.

A Closer Look at the Proposed Bill

Motorcyclists would be able to drive up to 10 mph faster than slow-moving traffic and up to a max of 30 mph. Lane splitting would only be applicable when at least two lanes are going the same direction.

On-Duty police officers are currently the one ones permitted to split traffic. The only state that allows civilians to lane-split is California.

Statistics

Rear collisions are responsible for an estimated 1 in 5 motorcycle accidents, according to Pete Vander with the state Department of Public Safety.

Collisions at “even 5 to 10 mph can result in serious injuries and death to motorcyclists. As such, the chances of such collisions would decrease with the passage of this bill.

The measure was passed by The Assembly last week. The bill is expected to be brought for a vote before then next deadline.

Originally posted at The Legal Examiner by Steve Klearman

Study - Dietary Supplements Largely To Blame For Class 1 Drug Recalls

Steve Klearman — Thu, 18 Apr 2013 11:20:00 GMT

Advertisement after advertisement recommends the use of dietary supplements. While they can be beneficial to your health, they also come with risks you should know and understand before use.

A new study, by St. Michael’s Hospital found, dietary supplements accounted for more than half of the Class 1 drugs recalled by the FDA from 2004 through 2012. Meaning they contained substances that could cause serious adverse events, in some cases proving fatal. In other words, these products are full of unapproved ingredients including but not limited to steroids and other dangerous ingredients.

The mass of products recalled were for weight loss, sexual enhancement and bodybuilding, said Dr. Ziv Harel, lead author. And, nearly one-quarter of the products were made outside of the U.S.

Dietary supplements unlike pharmaceutical products don’t require FDA approval before going to market. Dietary supplements are defined by the agency as, “a product taken by mouth that contains a “dietary ingredient” such as herbs, vitamins, minerals, amino acids and more.

An estimated 65,000 dietary supplements are currently on the market and consumed by some 150 million Americans.

The study was published in the JAMA Internal Medicine. The FDA has a helpful post titled “Dietary Supplements: What you need to know.”

Originally posted at The Legal Examiner by Steve Klearman

Nevada Supreme Court Revisits Open and Obvious Premises Cases

Steve Klearman — Sun, 14 Apr 2013 18:43:28 GMT

In Foster v. Costco, 128 Nev. Adv. Op. 71 (2013), the Court revisited the contentious subject of open and obvious conditions.

Those who handle premises liability cases know that an increasing number of Nevada District Court judges were entertaining defense motions for summary judgment on this issue. Hopefully after Foster this trend will stop.

In October 2005, Plaintiff Stephen Foster visited a Costco store in Henderson, Nevada. While walking down an aisle, Foster’s toe caught the corner of a wood pallet, which was covered by a slightly turned box. Foster fell and was injured. He sued Costco and maintained that Costco owed him a duty to maintain an establishment free of dangerous conditions, including exposed pallets in aisles.

After Foster’s deposition Costco filed a motion for summary judgment, contending that the pallet was an open and obvious hazard. Foster testified in deposition that he was able to see some of the wood comprising the pallet in question and that he was aware that the subject pallet was obscured by a box. However, he also testified that he did not see the corner of the pallet.

In opposing summary judgment, Foster argued that there were material questions of fact as to whether the dangerous condition was obvious, because even though he could see some of the pallet underneath the boxes, he could not see the corner of the pallet due to the way that the box was positioned on it. The District Court granted summary judgment, citing one of the Nevada defense attorneys’ favorite golden oldie premises cases, Gunlock v. New Frontier Hotel, 78 Nev. 182, 185, 370 P. 2d 682, 684 (1962).

The Court used the Foster case to reexamine development of the open and obvious doctrine and held that landowners are not free from the duty to exercise reasonable care solely because the danger posed was open and obvious. The Court looked to section 51 of the Restatement (Third) of Torts: Physical and Emotional Harm and concluded that the fact that a dangerous condition is open and obvious does not automatically shield a landowner from liability but rather bears on whether the landowner exercised reasonable care with respect to that condition and issues of comparative fault.

The Court observed that Costco had to negate at least one element of negligence in order to prevail on summary judgment. Costco argued that there was no duty because the risk posed by the pallet was open and obvious. The Court disagreed, citing to the Restatement and indicating that the duty issue must be analyzed with regard to foreseeability and gravity of harm, and the feasibility and availability of alternative conduct that would have prevented the harm.

The Court held that while the open and obvious nature of a condition does not automatically preclude liability, it instead is part of assessing whether reasonable care was employed. In considering whether reasonable care was taken, the fact-finder must also take into account the surrounding circumstances.

Separate from this assessment is consideration of whether the plaintiff failed to exercise reasonable “self-protection” in encountering the danger. This factor is considered in apportioning comparative negligence when awarding damages.

The Court concluded that Costco was not free from liability under Nevada law solely because the danger of the pallet in its aisle may have been open and obvious to Foster. A jury could reasonably believe, said the Court, that Foster walked down the paper goods aisle without observing the corner of the subject pallet because it was obscured. Even if a jury found the risk to be open and obvious, it must also decide whether Costco nevertheless breached its duty of care to Foster by allowing the conditions to exist and by permitting Foster to encounter those existing conditions. If so, the jury must further determine whether Foster was partially at fault.

The law of Nevada is that an owner or occupier of land should be held to the general duty of reasonable care when another is injured on the land and determinations of liability should primarily depend on whether the owner or occupier acted reasonably under the circumstances. A landowner owes a duty of reasonable care to entrants for risks that exist on the landowner’s property. Rather, the open and obvious nature of a dangerous condition does not automatically relieve a landowner from the general duty of reasonable care. The fact that a dangerous condition may be open and obvious bears on the assessment of whether reasonable care was exercised by the landowner and does not automatically defeat a landowner’s duty.

Originally posted at The Legal Examiner by Steve Klearman

Child Safety - Dropside Cribs Recalled Due To Entrapment Hazard

Steve Klearman — Wed, 27 Mar 2013 23:44:00 GMT

In December 2012, the Consumer Product Safety Commission enacted newer, stringent standards of cribs and mattresses to ensure safer sleeping environments for infants and toddlers. In doing so, drop side cribs can no long be sold or manufactured. Also required are stronger mattress supports and crib slats.

Although these new rules are now in place, there are several drop-side cribs that have been recalled in recent months with the most recent recall of 73,000 cribs due to an entrapment and suffocation hazard.

The sides of the crib can fail, detach or malfunction, which can cause the drop side to fall out of position allowing an infant or toddler to fall out of the crib or to become entrapped or wedged.

To this date the agency is aware of three reported incidents; however no injuries have been reported.

The recall involves 14 models of the PT Domusindo Perdana wooden drop-side cribs that were sold exclusively through the JCPenny.com Website as well as their catalog. A complete list of affected models can be viewed on the CPSC Website.

Consumers are urged to stop using the recalled cribs and to contact the company for a free repair kit by calling 1-800-827-2129.

The CPSC has a crib safety information section dedicated to helping parents, which includes helpful tips and videos for ensuring baby is safe while sleeping. The new crib standards can be read here in their entirety (PDF).

Originally posted at The Legal Examiner by Steve Klearman

FDA Warns: Temporary Tattoos May Not Be Safe

Steve Klearman — Mon, 25 Mar 2013 22:34:00 GMT

With Spring break here and summer around the corner many people are getting a temporary tattoo to mark the occasion but they may be at risk for adverse side effects.

Temporary tattoos also referred to as “henna,” can last from three days to several weeks depending on the product. Unlike permanent tattoos, which are injected into the skin, the temporary tattoo is applied to the skin’s surface. However, because a tattoo is temporary, doesn’t mean it’s without risk, warns Linda Katz, M.D. M.P.H., director of FDA’s Office of Cosmetics and Colors. In some instances there have been reports of severe reactions that long outlast the temporary tattoo.

The FDA has received several reports of serious, long-lasting reactions including redness, blisters, loss of pigmentations, sensitivity to light and in extreme cases, permanent scarring. Some people have sought medical care including a trip to the emergency room. Reactions were reported anywhere from immediately up to two to three weeks after application.

For more information on the issues and concerns of wearing temporary tattoos, please visit the FDA Website.

Originally posted at The Legal Examiner by Steve Klearman

Nevada Drivers Should Be Wary Of "Staged" Accidents

Steve Klearman — Fri, 15 Mar 2013 22:18:00 GMT

Nevada drivers need to be on the lookout for criminals that targeting trucks in a deliberate attempt to cause an accident, with the sole purpose of collecting insurance money, warns the National Insurance Crime Bureau (NICB).

To date, there have been at least 100 suspected staged accidents around the Las Vegas area in the past 12-18 months. An estimated 25 of those accidents were big rigs. The NICB is working with other agencies to track down the organizers of this crime.

The agency’s main concern is the potential to lead to a deadly accident. According to a trooper with Nevada Highway Patrol, some of the people being recruited to ride in the vehicle that pulls in front of the truck and slams on its brakes to cause the accident, are not aware of what is happening.

“Trucks are perceived as valuable targets because they tend to carry high levels of insurance,” says Paul Enos of the Nevada Trucking Association. “The people behind these staged accidents are criminals, preying on trucking companies and endangering our drivers and the public,” said Enos.

To increase awareness of this issue, NICB has produced public service announcements in English and Spanish for local TV and radio stations.

Originally posted at The Legal Examiner by Steve Klearman

Insurer's Duty: Nevada Lawsuit Over Hepatitis C

Steve Klearman — Thu, 28 Feb 2013 08:26:00 GMT

UnitedHealth Group Inc. is under fire in a Nevada, defending allegations that it is responsible for the actions of a Las Vegas doctor who allegedly gave his patients Hepatitis C by mishandling anesthetic.

The case surrounds Dipak Desai, 62, a former gastroenterologist. The suit contends that United Health’s Health Plan of Nevada holds partial blame because it continually renewed contracts with the doctor although knowing about his alleged substandard practices.

In Nevada, an HMO must show annual reporting that it reviewed the quality of health services provided to consumers that are covered by their plans. But a plaintiff attorney states there were readily signs of improper procedures and had the HMO investigated, it would have seen the unsanitary conditions and practices.

On the opposing side, Health Plan of Nevada says health insurers have no duty to monitor patient care. But, they do have a duty to have qualified practitioners within its network.

The jury will have to decide to what extent the insurer should be held accountable for the quality of care by the practitioner.

The trial in Clark County District Court in Las Vegas is an outgrowth of a Nevada hepatitis C outbreak linked to Desai’s clinic. As a result of the outbreak in late 2007 and early 2008, Nevada officials notified 50,000 patients of potential risks.

Originally posted at The Legal Examiner by Steve Klearman

Fire Risk Prompts Recall Of BMWs

Steve Klearman — Tue, 19 Feb 2013 11:51:00 GMT

The risk of an electrical fire has prompted the recall of more than 750,000 BMWs in the United States, Canada, Japan and South Africa.

The recall includes Bayerische Motoren Werke AG’s popular 3-Series convertibles, coupes, sedans and sports wagons, along with 1-Series coupes and convertibles and also Z4 two-seat roadsters. Some markets have also recalled the X1 crossover vehicle. Those vehicles that are affected by the recall were built between March 2007 and July 2011.

To date, according to the company, one crash was reported in Canada, in connection to this recall but there were no injuries. Nothing has been reported in the U.S.

A battery cable connection with a fuse box on the cars might degrade in time, which may lead the engine to stall due to a loss of electric power which in turn increases the risk of crashing, said the U.S. National Highway Traffic Safety Administration (NHTSA) in a report that was released on Monday.

In March 2012, BMW announced a recall of 1.3 million cars worldwide for a problem with a battery cable cover in the trunk.

Originally posted at The Legal Examiner by Steve Klearman

Winter Safety: Carbon Monoxide Hazards

Steve Klearman — Sat, 09 Feb 2013 10:11:00 GMT

An estimated 150 people die each year from accidental non-fire related carbon monoxide (CO) poisoning in connection with consumer products such as water heaters, fire places and stoves. CO is known as the ‘silent killer,’ because it is a gas that you cannot see, taste or smell. Therefore it is vitally important to be aware of the danger so you can protect your home and family.

Below are some tips to help ensure that you and your family are adhering to CO safety during the winter months.

Snow should not block the vents to household appliances such as dryers. If these items are blocked it can cause the CO to build up and cause a deadly situation.
Generators are to stay outdoors in properly ventilated areas.
If a fire hydrant is on your property, keep access to it clear should there be an emergency.
The oven in your home should not be used as a heat source. The CO can kill pets and people.
If you need to warm your vehicle, remove it from the garage first, don’t run it while still inside.

Lastly and most importantly, CO alarms should be installed in all central areas and sleeping areas.

Originally posted at The Legal Examiner by Steve Klearman