In 2005, Wyoming doctors succeeded getting the State Legislature to pass a bill requiring injured patients who want to file medical malpractice lawsuits to first file their claims with the Wyoming Medical Review Panel.  Physicians argued this panel was needed to stop frivolous medical malpractice lawsuits and to lower their malpractice insurance costs.

However, as reported in the Sunday, January 31, 2010, Cheyenne Wyoming Tribune-Eagle, the Wyoming Medical Review Panel has not lowered medical malpractice insurance costs.  One reason is that most Wyoming doctors, surgeons, radiologists, pathologists, nurses, nurse practitioners, physician assistants, hospitals, assisted living centers and nursing homes are waiving their rights to take the case to the panel.  They choose not to have the panel hear their side of the story. The Wyoming Medical Review Panel requires filing by patients alleging injury or death of a family member, but the health care providers do not have to file any defense.  Patients must hire expert witnesses to testify before the panel but doctors can merely opt out of the process. 

Opting out of the Medical Review Panel not only hurts doctors, it also hurts patients.  As noted in the article:

Cheyenne attorney Jim Fitzgerald said the medical view panel gives patients a chance to be heard. Opting out of the review process almost guarantees that the only way to resolve a claim is to go to court.

The review process allows patients to determine whether their case is strong enough to go to court. He said that in some cases, physicians were encouraged to settle if a panel of their peers criticized the care they had provided. Fitzgerald added that the original medical review panel also was more effective because doctors used it.

Jim Fitzgerald is more than willing to go to court but it is too bad for the patients with meritorious claims to not even get a hearing in front of the panel first.  For the panel process to work, everyone in the medical profession who has been blamed medical negligence needs to step up to the plate and present their side of the story to the Wyoming Medical Review Panel. 

Research reveals Toyota may have known about some vehicles’ sudden acceleration problem for at least five 5 years before notifying the public.  The Center for Auto Safety reported sudden acceleration problems in the 2002-2003 Toyota Camry and Solara and also in the 2002-2003 Lexus ES 300.  On March 22, 2004, Automotive News reported the National Highway Traffic Safety Administration (NHTSA) began a preliminary investigation of 37 complaints of sudden acceleration made by Toyota and Lexus car owners.  So far, there have been more than 2,000 complaints of this defect reported to the automaker and the National Highway Traffic Safety Administration.

Although Toyota and NHTSA apparently both believed the electronic throttle in these vehicles was the most likely cause of the sudden accelerations, Toyota continued to install these suspect electronic throttles in hundreds of thousands of new automobiles. Toyota publicly placed blame on the floor mats in these defective cars.

If you or family members have been injured as the result of sudden unexplained acceleration of a Toyota car, you or they may be entitled to compensation.  Contact an attorney immediately.  It is also very important that you preserve the vehicle.  It can be very difficult to sue an automobile manufacturer if the vehicle has been destroyed or crushed.

The Fitzgerald Law Firm has handled numerous defective products cases and we have set our fees so that anyone can talk with us free of charge about a potential case against Toyota Motor Corporation.

Thousands of people are seriously injured or killed each year in collisions that involve large trucks or buses versus a car, motorcycle, sports utility vehicle, van or light truck.  People who suffer spinal cord injuries, broken bones, internal injuries, traumatic brain injuries (TBI) or loss of a loved one are entitled to compensation.  Money compensation includes such things as medical expenses, including hospital bills, doctor bills and medical tests; pain and suffering, loss of a job, loss of income or future earnings and loss of a loved one’s support and companionship.

However, winning a truck accident case requires working with experts in the industry, such as highly respected accident reconstruction engineers.  These experts analyze and investigate the crash site, the damaged vehicles and use the latest technology to reconstruct the accident.  They can provide testimony on such things as the speeds of the vehicles shortly before the crash by looking at collision data recorders [black boxes], skid marks, sight distance, alcohol as a factor, weather, semi-tractor braking performance, and seat belt malfunctions and use.

If you or a family member were seriously injured in a collision, or lost a loved one, one of the first things you must do if you want to preserve your rights is contact a knowledgeable, skilled lawyer immediately.  Delaying contacting a competent, experienced law firm can seriously affect your rights to receive compensation.  The trucking company rushes right out and starts its investigation, usually directed at getting out of trouble.  So, you need to involve your own team as soon as possible.

Now that we’re in the midst of the gift-giving season, no matter what traditions your family celebrates, one thing is for certain – toys given to tots should stand up to the highest safety standards.

In the wake of the lead scare from 2008 and 2007, the U.S. Product Safety Commission is assuring parents this year that tougher standards and fewer recalls mean toys are getting safer.

Last month, the Commission hosted a “Town Hall on Toy Safety” to educate parents headed into the shopping season and blogged it with the New York Times.

A quick review of recent recalls by the U.S. Consumer Product Safety Commission reveals that while the organization is cracking down on consumer product recalls, deadly injuries to children from falls and choking hazards are still a big concern. From pacifiers to bicycles, the U.S. Product Consumer Safety Commission tracks which products are causing the greatest harm.

Quick tips for parents from the U.S. Consumer Product Safety Commission include:

· For children three and under - avoid balloons, small balls (1.75” diameter or less) and check to see if toy is well made since children under three years old put everything in their mouth and pull and twist toys.

· For preschoolers, avoid toys that are constructed with thin, brittle plastic that can easily break into jagged, sharp pieces. Look for art materials designated as toxic safe with this designation – “ASTM D-4236.”

· For children over six years old, teach them to keep their toys away from younger siblings. Adults should check all toys for breakage. Throw away damaged toys. If you buy a bicycle for a child, buy a helmet and make them wear it.

But some consumer groups have challenged the Commission for not going far enough by enforcing tougher safety regulations. The National Resources Defense Council and Public Citizen have sued the Commission for failing to remove unsafe toxic toys immediately off of store shelves. A federal judge agreed with the consumer groups and in February ruled that toxic toys must come off store shelves. The Commission was forced to close toy safety loopholes.

The U.S. Pirg has distinguished itself as a toy safety czar for its annual toy safety survey. The report is specifically for parents and can be downloaded by computer or smart phone at www.toysafety.mobi. The 24th annual Trouble in Toyland survey focuses on three categories of toy and children’s products hazards:

• toys and items that may pose choking hazards,

• toys and items that are excessively loud, and

• toys and items that contain the toxic chemicals lead and phthalates.

Thankfully, smart toy dealers are starting to capitalize on what consumers want by making toy safety a hallmark of their brand. Fatbraintoys.com prescreens their toys against toxic substances and hazards so toy shoppers don’t have to. The company has started identifying every country of every toy they sell - so far they’ve identified more than 20 countries. The site also provides a comprehensive list of links to safety information for more than 85 toy manufacturers.

We know the hustle and bustle of the holidays can sometimes distract us from what’s truly important. This holiday season, take time to ensure the safety of what’s most precious to you, and spend an extra moment celebrating the traditions that bring you and your loved ones together.

For parents, the safety of your child is perhaps one of the most paramount priorities -- no matter whether your son or daughter is a toddler or teenager. For parents with young children, this priority is probably even more pronounced, and when a presumably reliable consumer product puts your young child at risk, it calls for intense scrutiny into what’s keeping this product on the market.

On the heels of the largest crib recall in U.S. history, hundreds of thousands of children could be at risk to crib-related injuries, even death. The Consumer Product Safety Commission recently recalled 2.1 million drop-side cribs manufactured by Stork Craft, which was responsible for more than a dozen injuries and killed four children.

The Consumer Product Safety Commission has reported dozens of deaths over the past decade involving drop-side cribs made by different manufacturers, but still, drop-side cribs continue to be very popular among parents. Unlike cribs with immovable parts, the design of the drop-side crib tends to experience more hardware failures than traditional cribs and accounts for the vast majority of cribs recalled in the past two years. While many parents may find that the drop-side eases access to the crib, more must be done to educate parents of the dangers the moving parts present.

Even more alarming is that most cribs recalled met current mandatory safety standards put in place by the federal government as well as voluntary standards suggested by non-government organizations. The Consumer Product Safety Commission is planning to revisit and will possibly revise these standards; however some consumer advocates believe these cribs should be banned altogether.

ASTM International, a U.S.-based standards-setting organization, proposed a ban on drop-side cribs and some retailers, including Toys-R-Us, have already discontinued them from their stores. Many consumer advocates, crib makers and other industry stakeholders also support the ban and advise against buying drop-side cribs.

Until the Consumer Product Safety Commission enforces new standards or bans drop-side cribs completely, we urge parents to avoid buying new or used drop-side cribs. For families who already own a drop-side crib, the key to preventing injury is to make sure the crib is properly assembled. Periodically check the hardware on their cribs to make sure they are in place and functioning according to the crib’s assembly instructions.

These days, as consumers covet the latest gadgets and technologic trends to ease and organize their everyday lives, we’re also seeing the advances of technology make their way into the development safety features in the automotive industry.

While heated seats and automated voice dialing are sought after amenities, carmakers are now turning their attention to added features that are more than just luxuries – but lifesavers.

Inflatable seatbelts – it’s the latest innovation of the Ford Motor Company that aims to improve car safety and perhaps the company’s image. Next year the carmaker will feature the new seat belt in its Explorer SUV before it rolls out in all vehicles.

New Mercedes Benz ads tout unseen features like a high-frequency radar transceiver that scans the road ahead for any kind of roadblock – cars, deer and more. Active Cruise Control allows a driver to set a desired speed and if traffic slows, the car reduces speed and sets a safe following distance to the car ahead.

As consumers are looking for improved and smarter safety features that set cars apart, we can’t help but think about the risks – or potential risks -- of these new features.

In the 1960s, laws passed that required all cars to have lap belts for all passengers. It was a huge move that kicked off automobile safety around the world.

In the past 50 years, technology has taken over with air bag sensors, cars with reverse cameras, antilock brakes (ABS) and more. The MSNBC article talking about inflatable seat belts also refers s to the vision of completely automated cars – the driver enters and the car drives itself.

These are features that can certainly save lives, but what happens when technology fails? Recently, discussion has increased around the effectiveness of air bag sensors. In many new cars there are sensors in the front passenger side of a car that use a number of factors like weight and seat position to determine the force of which to deploy should there be an accident -- or disarm it completely, if needed.

Lexus was recently sued over the air bags in its 2007 ES350 models. The suit alleges the vehicle’s air bag classification sensor doesn’t work properly in the front passenger seat, sometimes failing to trigger the correct front air bag during an accident.

As tools and technology evolve not only in the auto industry, but in all aspects of our daily lives, these are issues that will soon need to be addressed – it’s not question of ease and luxury, but rather safety and security.

In 2008 alone, 37,261 people died in car accidents on our nation’s roadways and more than 2 million people suffered accident-related injuries. The good news is that fatalities are down more than nine percent from 2007, and last year traffic related deaths hit an all time low since 1961.

This tells us that cars are safer. It also tells us that regardless of the intent or mind frame of the driver, accidents still happen and there may be hidden dangers in your car unbeknownst to most drivers.

For instance, have you ever considered your car mats a danger?

There was an accident in California this summer that killed four people. The cause? The driver’s all-weather floor mat got caught under the pedals, jamming the gas pedal to the floor. The driver was an off-duty police officer and he was driving a Lexus – a good car and he was a presumed safe driver.

You can view an MSNBC story of the California accident here - http://www.msnbc.msn.com/id/21134540/vp/32950076#32950076

The problem with car mats lies in the size of the mat and the hooks placed under the seats that prevent the mats from moving around. If these hooks are missing, broken or aren’t fastened correctly it’s easy for mats to slip around and possibly get stuck under the brake and gas pedals.

Another problem lies in after-market floor mats. Many of the standard mats you can buy don’t come with any fasteners to hold them in place, giving them a tendency to slip forward.

To ensure you have the right mats in your car, always use mats provided by the car’s manufacturer.

Because of the accident in California, Toyota ordered 1,400 Toyota and Lexus dealers to inspect cars for mismatched floor mats and proper installation. Toyota is also putting car wash attendants, independent inspectors and others on alert to check floor mats to ensure they are the right size and installed properly.

To ensure customer safety, Toyota announced this week that it is recalling 3.8 million vehicles because of the floor mat issues. This includes some of Toyota’s most popular models – Camry and Prius, and some models of Lexus. This marks the Japanese company’s largest U.S. recall to date.

So where do legal issues fall into place with car mats?

If you have an accident due to faulty car mats, fasteners or installation and the manufacturer provided the mat, there may be a broader product liability issue at hand. If you are not sure of the cause, there are ways to find out.

Car safety is a top priority for manufacturers, and carmakers have a lot at stake if the cars they build put drivers and passengers in harms way. We encourage your thoughts and comments on this issue.

If you’ve had problems with car mats slipping, or sticking under your pedals, make sure you let your dealership know. A proactive approach is the best way to ensure safety on the road.

Last week we started a discussion on the dangers of chemicals in children’s toys and what the U.S. is doing to ramp up its oversight and regulation of the market. We addressed the Consumer Product Safety Improvement Act of 2008 and today we’re going to look at another component of that act.

Third-party inspections are common practice when purchasing a house, ending a lease on a vehicle or going through medical testing. Now, thanks to the 2008 Act, it’s also a part of toy regulation. All toys intended for use by children aged 12 and younger require third-party certification.

This puts an additional duty on the product manufacturer to ensure that any toy made in the U.S. or imported to the U.S. meets all requirements and undergoes a certification process based on tests run by an independent laboratory that’s been accredited by the Commission.

For the past year, the Commission has been issuing accreditation procedures to labs across the country. At the end of this month, this phase of the process will be complete.

Moving forward, every toy made for children 12 and younger must arrive with a certificate in order to be sold in U.S. stores. The certificate has four important requirements, it must:

• Be in English
• Include the identity of the manufacturer or private labeler
• Include the date and place of manufacturing, and
• Include the date and place of testing

Once toys arrive at retail stores, all certificates are checked before placing the products on the shelves. The lack of a certificate prohibits the product from importation or distribution within the U.S.

We believe these additional testing requirements may give parents some peace of mind – that their children are no longer guinea pigs of toy manufacturers. In essence, the Commission forces manufacturers to take accountability for their products or force severe consequences.

For toys intended for use by children 12 and older, the rules are different. Testing and certificates are still required, but such toys do not need to go through a third-party accredited laboratory. The certificate that accompanies these products simply says it complies with all consumer and safety regulations and standards.

Manufacturers have until Feb. 10, 2010 before they must issue certificates.

We’ve spent the last two weeks addressing toy safety and the new Act, but we want to know what other questions you have? What concerns haven’t been addressed? Do you think the Act goes far enough to protect our kids?

It wasn’t too long ago that media, consumer groups and parents nationwide were immersed in the dangers of toxic chemicals in toys. At the forefront of the discussion was Thomas the Train Engine, a television character, made into a toy, beloved by young children throughout the country. Due to the toy’s popularity, when rumors of lead in the toy arose, thousands of parents across the country were all the more apprehensive.

The problem was in the paint. Fisher Price produced these Thomas the Train Engine toys with a surface paint containing dangerous levels of lead that, according to reports, could cause severe injury to young children if exposed to such high levels.

For many parents around the country, accountability became the most important issue. Who is responsible for monitoring toys and how can I ensure my kids are safe?

That’s why, during this period, many other toys came under the spotlight for the possibility of dangerous chemicals in the paint. These toys included popular products such as Polly Pockets, Dora the Explorer and many more. In total, Fisher-Price recalled almost 90 toys during the summer of 2007.

In 2008, Congress passed and signed into law the Consumer Product Safety Improvement Act which works to strengthen and broaden consumer product safety laws within the U.S.

One of the phases of the Act addresses lead paint. The new lower limits apply to three categories of products:

1. Liquid paint and similar surface coatings intended for consumer use;
2. Surface coatings on toys and other items intended for use by children; and
3. Surface coatings of a variety of consumer furniture items.

The Consumer Product Safety Commission administers and enforces this new act and requires that manufacturers, importers and retailers comply with new requirements, standards and restrictions. The Act also raises potential civil penalties to $100,000 per individual violation, $15 million for aggregate violations and it increases potential criminal penalties to five years of imprisonment.

These new provisions and penalties help to keep companies accountable and put more control in the hands of the Commissions by allowing it to monitor and enforce new requirements. The Commission is responsible to make certain that toy companies respond and reconfigure toys when safety is called into question.

We’re going to continue this discussion next week and talk about different facets of the Act.

In the meantime, we encourage your comments and feedback on the topic. As a parent, what is your single biggest concern in toy safety? What would you like to see done to protect kids?