Product Liability - CPSC Warns Consumers about Child Injury from Baby Slings and Graco High Chair Recall

The Consumer Product Safety Commission recently warned consumers to show caution when carrying infants in slings, especially for infants less than four months old.  While the slings are convenient for breastfeeding and bonding, they can potentially suffocate infants if not given careful attention.  The commission warns that the fabric in the slings and end up covering the baby's mouth and nose, leading to respiratory obstruction and possibly suffocation.  The CPSC is not urging parents to discontinue use of the slings entirely, given that proper attention is paid to whether the baby is in a position that allows him/her to breath. 

The CPSC also warns of a recall on Greco high chairs which have had tendencies for loose screws and parts to come loose.  The 1.2 million chairs on the market are a potential falling hazard for kids which could lead to head trauma, brain injury, or even death.  Graco has received over 450 reports regarding the unsafe high chairs, and has since began issuing free repair kits to consumers.  To date, over 20 injuries have resulted from the Graco Harmony High Chair.

FROM THE FACE TO THE GUT-Acne Sufferers who used Accutane May Now Face Suffering of Another Kind

Featured Attorney Blog - Article in Injury Board Magazine Written By Attorney Jean Martin of Shipman & Wright, Wilmington, North Carolina

To add to the angst of teenage years, life throws a curve ball in the form of pimples. For the average teenager, there is perhaps nothing more terrifying than acne. It can damage your self-image, can make you the subject of ridicule, and oftentimes can be painful and uncomfortable. And sometimes this agony is not limited to the teenage years, as adult acne can present just as many problems. As acne sufferers continue in desperation to find some remedy, cures for acne continue to be big business with company after company hawking their over-the-counter topical gels and high priced cleansing systems. Historically, the most severe cases were treated with oral antibiotics, but the efficacy of these antibiotics diminished over time. It is for these very reasons that acne sufferers everywhere welcomed with open arms the then-touted “wonder drug” called Accutane almost 30 years ago. 

The Internet is full of tales from former acne sufferers extolling the virtues of this “wonder drug” and how Accutane was the first and only treatment that completely cleared their acne. Since Accutane was first approved by the FDA in 1982, it is estimated that more than 13 million Americans took the drug. While Accutane was intended to be prescribed for only the most severe forms of cystic acne, through the years it became widely prescribed for milder forms of acne as well. Unfortunately, while Accutane provided a much-needed cure for many patients, it became an absolute nightmare for others…

To see the rest of this article please go to http://injuryboard.com/uploadedfiles/ib_cc_spring.pdf page 39.

ACLU Scores Free Speech For North Carolina Prison Inmates

The American Civil Liberties Union of North Carolina Legal Foundation (ACLU-NCLF) recently announced its victory in a federal lawsuit filed in February of last year.  The lawsuit was filed on behalf of Victor L. Martin, who has received critical acclaim for publishing literary works in the increasingly popular "ubran fiction" genre while incarcerated over the past decade.  Unnamed officials of the North Carolina Department of Correction were alleged to have violated Martin's Constitutional First Amendment right to free speech by unfairly disciplining the author for writing urban fiction.   The lawsuit also alleges that the defendants had destroyed a 310-page, handwritten manuscript without providing any prior due process.

Plaintiff attorney, Swain Wood, noted, "Writing books is not a crime.  The First Amendment guarantees that.  After being put in prison, Victor Martin discovered that writing books could transform his life for the better and inspire others.  He should be commended for that.  State officials should be commended for realizing that punishing Mr. Martin for writing books was wrong, and that the old policy was unconstitutional and had to be changed."

The ACLU-NCLF dismissed it's lawsuit after a settlement was agreed last week.  The settlement requires that the DOC must adjust its policies to allow inmates to prepare creative works for publication, outside typing, copyrighting or private use.  Inmates will still not be allowed to collect direct compensation for publication, but will be able to assign a family member to handle business aspects and receive compensation.  The DOC is also to arrange new policies for proper procedures when confiscating manuscripts due to prison rule violations.  These procedures include ensuring that such a manuscript would not be destroyed.

Martin commented, "I hope that my fellow inmates will understand that positive actions bring positive results.  I personally take no credit for the policy change.  The credit goes to the [ACLU-NCLF and cooperating attorney] Swain Wood for taking this case and helping to change the writing policy for all inmates.  I will continue to write within the guidelines of this new policy, and I also wish to thank all of my supporters."

FDA to Investigate Safety and Defective Insulin Pump Reports

The Food and Drug Administration plans to gather experts for its investigation concerning the rising amount of safety issues found with insulin pumps.  Those who work in the industry note past problems have been rooted in both software and hardware components responsible for providing the correct amount of insulin to diabetic patients.  Defective insulin pumps can lead to patients receiving too much or not enough insulin which can lead to serious complications or death.


According to Wall St. Journal, "The FDA said the number of Type I diabetics using insulin pumps has increased, with about 375,000 U.S. users in 2007, up from about 130,000 in 2002."  The FDA also said in it's statement that manufacturers are required to notify the FDA of any potential problems with medical devices.  An FDA review found that insulin pump-related adverse-event reports accounted for up to 17,000 reports between October 2006 and September 2009.  Of those reports, nearly 12,000 confirmed patient injury while another 310 reports resulted in death.

Toyota Owners: Let's Not Make Things Worse!

FEATURED BLOG BY ATTORNEY GARY K. SHIPMAN

So, now we know.  Toyota's have a problem, and that problem could cause someone to die, kill someone else, or hurt themselves or others.  That's pretty bad.  What we also know is that you can't give a Toyota away right now (except to a Toyota dealer, and then all you get is another Toyota, which you also can't give away) and consumers who haven't (and may never) suffer a problem have suffered an economic injury, namely, diminution in value of their car because of the stigma that's been created. 

What we can't do, however, is make things worse.  Reports out of California about the "run away Prius" last week left us shaking our heads, wondering what would happen next.  And then we find out that the "run away" may be another "balloon boy" hoax (and I emphasize may).  While we can't place alot of confidence in anything that either Toyota or NHTSA has to say (given the great job that they have done taking care of these issues), given the public spotlight now on them both, you gotta think that their tests on the alleged "run away" Prius are fairly accurate on what the tests "objectively" showed, namely, that the brakes on the car didn't look like someone "stood" on them driving over 90 mph on a major highway.

The point is, let's not make things worse.  If you have a Toyota, and it's suffers a problem, take it to the dealer, or, if it's out of warranty, to a reputable mechanic that has/does work on Toyotas.  If you've already done that, and you still have a problem, do it again.  Believe me, there's enough litigation going on right now against Toyota to cover any claim that you might have associated with this, and what you need to do is protect yourself. 

For those of you that have a Toyota, and you haven't suffered a problem, just hold on.  There's alot of things going on out there right now that would appear to insure that either the value to your car is restored or that you will be compensated, in some way, if it's not.  In the meantime, don't tell someone there's a ghost in your closet if there's not.  It will only insure that the credible claims get lost with the ghost.

St. Patrick's Day: To Dye, Or Not To Dye

The City of Wilmington is debating whether or not to dye the Cape Fear River green in honor of St. Patty's Day. Chicago and Savannah have both incorporated river-dyeing into their annual St. Patty's Day celebrations.

Although festive, the idea raises concerns with one local environmental group - Cape Fear River Watch. According to the Cape Fear River keeper, Doug Springer, dumping chemicals into the river sends mixed messages to the community. Releasing chemicals, toxic or not, into a body of water seems counterintuitive.

Bright Dye - the product proposed for river-dyeing - is non-toxic, biodegradable, and approved by the EPA. The proposal has cleared all regulatory restrictions; however, Chris Andrews, of the Downtown Business Alliance, says the city wishes to get input from the public and local officials before making any final decisions

Written By Brittney Edwards

Controversy in Stun Gun Lawsuit, Are They Still the Safest Modern Force Alternative?

Most of us may think of the ‘stun gun’ as a relatively safe alternative for law enforcement to detain rebellious suspects in the field. A stun gun is known to deliver a high voltage electric shock designed to immobilize a victim temporarily. However, in a Santa Cruz courtroom, attorney Dana Scruggs feels otherwise as he defends his client Steve Butler who was the victim of a stun gun fired back in 2006 and will need medical care for the rest of his life as a result of his sudden cardiac arrest suffered after the shock was delivered by the officers ‘TASER’ gun.

Depending on how you look at it, it seems both sides have support for their claim. According to Amnesty International and the Mercury News article, more than 350 people have died after being a victim of a stun gun shock between 2001 and 2008. However, in a study with over 4,000 uses of electronic control devices or ‘stun guns’ a review funded by the US Department of Justice it found these instances of harm to be extremely uncommon with no link to cardiac arrest issues like in cases such as Mr. Butler’s.

TASER International’s defense claims that Mr. Butler had prior heart conditions and was also under the strong influence of alcohol at the time of the incident. Mr. Butler is also accused of having traces of marijuana in his body. The question remains, would the use of the TASER gun had a less violent affect on Mr. Butler had these symptoms not been present at the time the shock was delivered? Are stun guns, if used correctly, the safest alternative to modern force that is undoubtedly needed throughout police departments across the United States today?

Discussions Brew About “Metal on Metal’ Hip Implants…Are they safe?

Recently, there has been some rustling in the medical world discussing growing concerns on ‘metal-on-metal’ hip implants. These specific types of implants have been widely used on hip replacement candidates as a more durable and long lasting approach as opposed to other seemingly less durable materials. Based on the recent New York Times Article, approximately 250,000 hip replacement procedures in the United States have used this specific metal ‘ball and socket’ implant.

Several Orthopedic surgeons from notable medical centers such as the Mayo Clinic, Massachusetts General Hospital and Rush University Medical Center are now coming forward to express their concerns regarding these specific types of implants and issues that are starting to arise in their practices. Doctors are saying that the ‘metal debri’ caused by the wearing of the implant can cause inflammation, pain and possible death of tissue and deterioration of the bone.

It is unclear at this time whether specific manufacturers of these ‘metal-on-metal’ devices are more prone to these issues than others. It is also unclear as to whether the perceived problem is to be blamed solely on the implant or whether improper implantation may also be a culprit. Although statements issued by multiple manufacturers address that the risk to patients is tremendously low, many doctors seem to agree that there is a great need for further investigation and precaution.

North Carolina Ends Ban on Video Poker Machines

North Carolina's complicated relationship with video poker machines has again turned in favor of vendors and business owners statewide.  Wake County Superior Judge Howard Manning recently overturned the 2006 law that phased-out video poker machines from bars and convenience stores after being legal for almost 15 years.  The decision was part of a lawsuit brought on by McCracken and Amick Inc, a former video poker machine vendor.

The vendor had argued that the state could not ban the use of the machines while allowing the games on tribal lands.  Manning wrote, "The state acted unlawfully in authorizing the Eastern Band of the Cherokee Indians to possess and operate video gaming machines on tribal lands within North Carolina because that activity is not allowed elsewhere in the state."  Plaintiff attorney, Mike Tadych noted "The legislature couldn't carve out the exception after prohibiting this type of gaming in this law."

Video poker machines were first legalized in North Carolina in 1993 with additional regulations laid out in 2000.  The Eastern Band began distributing machines in the mid-1990s as part of a deal worked out with Governor Jim Hunt, who was obligated by federal law to come up with a compromise.

Related Links

• Judge overturns N.C. video poker ban
• Judge tosses out N.C.'s ban on video poker machines
• Poker Machine Ban Halted in North Carolina

No Discharge Zone To Improve Water Quality in Wrightsville Beach, New Hanover County Waterways and Coastal Areas

Boaters who are eager to get out on the water as the weather improves will need to pay special attention to a recent rezoning by the Environmental Protection Agency.  After a lengthy eighteen month approval process, the EPA has rezoned New Hanover county-area waters as a 'No Discharge Zone'.

The zoning bars all boats from emptying waste, including chemically treated waste, into the coastal waterways and up to three miles out into the Atlantic Ocean along the county coastline.  New Hanover county's thousands of boat owners and operators will now be required to hold all waste on board until it can be pumped out at any of 11 designated pump-out stations.

Alderman Susan Collins, who is among several having campaigned on preserving water quality, said, "It is our first step at Wrightsville Beach to encourage and educate people to be responsible boaters. This No Discharge Zone shows the determination of Wrightsville Beach town officials and staff, working with many others, to make progress."  She continued, "Testing waterways, with high bacteria levels, needs our immediate attention to prepare for the summer of 2010," hoping to raise concern for the enforcement of the new restriction.


The lengthy approval process was initiated by the Town of Wrightsville Beach and was endorsed by New Hanover County, NCDENR and Governor Beverly Perdue before reaching the EPA, who favored the designation which is effective as of this past Monday.


Related Links: No discharge zone is now in effect

It’s Dredging Time Again at Wrightsville Beach, NC

In efforts to save our beautiful beaches at Wrightsville, the Army Corps of Engineers are now gearing up for the dredging process that re-nourishes the erosion on the beach.  The dredging project not only protects our area beaches but also the homes and business that depend on the sand to always be there.  

This operation which takes place at Wrightsville Beach every four years, consists of relocating the sand from the ocean floor and depositing it back to the shoreline to replace the eroded beach.  Without this process, our area beaches would be left more vulnerable to storms and rolling waves that Mother Nature often brings to our area. 

Although this extensive process has its temporary downfalls (large pipes on the beach, noise, expense, safety issues, wildlife, etc) most people of this area are happy to deal with the mess every four years to help assure many more years of beauty and memories at Wrightsville Beach.  

What do you think about the dredging process at WB?  Do you feel that the benefits of changing natures path outweigh the alternative?