Monthly Archives:February 2016

NTSB Probes Rollover Tanker Truck Accident for Prevention Clues

4 Feb , 2016,
SeriousInjury
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An Indianapolis tanker truck accident has prompted both an investigation and policy review by the National Transportation Safety Board. The NTSB is considering whether commercial trucks generally, but particularly tanker trucks that carry liquid hazardous materials, should be required to have electronic stability control systems to prevent rollover accidents.
The truck accident that prompted a two-day hearing on the subject occurred on October 22 of last year. An International truck tractor hauling a 11,600- gallon cargo tank semi-trailer carrying liquefied petroleum gas (propane) along I-69 in Indianapolis struck a bridge guardrail, rolled over, and slid into the bridge abutment and pillar of an intersecting overpass on I-465.

The trailer, filled with propane, pulled free of the tractor part of the truck, rolled on its side and caught fire. A breach in the trailer allowed the liquefied petroleum gas to escape, vaporize and ignite, resulting in a fireball that could be seen for miles. Eight other vehicles caught fire — one at such a high temperature that its fenders were melted off the car.
The tanker’s driver and four others were injured in the catastrophic truck accident. I-465 was closed for more than a day.

NTSB Considers How to Reduce Rollover Truck Accidents
The two-day public hearing was held on August 3rd and 4th in Washington, D.C. with the goal of considering a range of safety issues and strategies that could help reduce the incidence of commercial truck accidents generally and of cargo tanker rollovers in particular.

Nationwide, there is an average of 1,265 tanker truck rollovers. According to the NTSB, driver error is accounts for 78 percent of those accidents, but semi-trucks’ high centers of gravity and their lack of electronic stability systems may be significant causes as well.

One of the issues the NTSB considered during the meeting is whether electronic stability control systems similar to those required for all new cars could prevent tanker rollover accidents. In an electronic stability control system, sensors tell the vehicle’s computer when the vehicle’s or cargo’s weight is shifting. The computer then automatically applies brakes to one or more wheels to compensate.

Federal law requires all new cars to have the systems, but federal trucking regulations have not required them on semi trucks. Rollover prevention technology is more expensive to implement on commercial trucks than on passenger cars, and it is generally considered impractical to retrofit all existing tractor-trailers with the technology.

“This technology is somewhat more expensive,” admits Henry Jasny, general counsel for the nonprofit Advocates for Highway and Auto Safety, “but that it wouldn’t be required for trucks when they are so over-represented in crashes doesn’t make sense to us.”

In addition to the question of mandating rollover prevention systems, the group of truck accident investigators, highway safety engineers and trucking industry representatives discussed:
• Crashworthiness standards for cargo tanks transporting high-risk hazardous materials
• Vehicle design changes to lower their centers of gravity
• Improving driver training and testing
• Roadway factors, such as shoulder grade, that contribute to vehicle instability
• Initiatives to protect highway bridge piers from vehicle impacts

Related Resources:
• “NTSB releases new information in advance of public hearing on the rollover and fire of a cargo tank vehicle in Indianapolis, Indiana” (NTSB Press Advisory, July 30, 2010)
• “NTSB probes rollovers by hazmat tanker trucks” (Associated Press, August 3, 2010)

Product Liability Concerns Spur Request for Dietary Supplement Regulation

Feb , 2016,
SeriousInjury
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According to a recent exposé by Consumer Reports, many popular dietary supplements such as ginseng and Echinacea are much more dangerous than they may seem. Consumers often think natural or herbal supplements can do no harm, but there is significant evidence to the contrary. In addition to their inherent risks, many of the supplements are contaminated, the report says.

The potential danger from dietary supplements, which are virtually unregulated in the U.S., prompts product liability concerns about the effects of their active ingredients, the effects of contaminants, and the risk that consumers will replace scientifically tested medications with supplements.

“[C]onsumers are easily lulled into believing that supplements can do no harm because they’re ‘natural’,” said Nancy Metcalf, Consumer Reports senior program editor, in a statement.
“However, some natural ingredients can be hazardous, and on top of that the FDA has repeatedly found hazardous ingredients, including synthetic prescription drugs, in supplements.”

Herbal and Dietary Supplements Can Have Serious Health Repercussions
Many widely used supplements contain ingredients associated with:
• Cancer
• Stroke and high blood pressure
• Heart disease, arrhythmia and heart rhythm disorders
• Liver damage
• Kidney damage
A May report by the Government Accountability Office also found that some sellers of ginseng, Echinacea and other supplements have told consumers that their products can cure cancer, or that they can be used to replace prescription medicines. Making such claims is illegal.

The FDA has limited power to regulate these supplements — much less than it has to regulate prescription drugs. Its authority over alternative medicine is based on the 1994 Dietary Supplement Health and Education Act, which Consumer Reports describes as industry-friendly.
The influential group is critical of how the FDA uses what little power it has.

So far, the FDA has only banned one ingredient from dietary supplements: ephedrine alkaloids, which is also known as ma huang. Non-alkaloid Ephedra-containing dietary supplements such as bitter orange remain legal, although they have been associated with similar adverse effects.

Consumer Reports also points out that, despite setting up field offices in China in 2008, the FDA has never inspected a single dietary supplement factory there — which it routine does for factories abroad that produce medical or food products for the U.S.

Consumer Groups Call for FDA Authority to Regulate Dietary Supplements

“Of the more than 54,000 dietary supplement products in the Natural Medicines Comprehensive Database, only about a third have some level of safety and effectiveness that is supported by scientific evidence,” reads the Consumer Reports article.
Despite that, Americans flock to use them. The magazine cites a report in the Nutrition Business Journal saying that $26.7 billion in nutritional supplements were sold in the U.S. in 2009 alone.

The Consumer Reports piece calls on Congress to give the FDA more authority to regulate dietary supplements as well as to increase the agency’s clout overall. The call echoes appeals made earlier this year by experts at the Institute of Medicine and the Government Accountability Office.

Until dangerous dietary supplements are regulated, however, the only recourse an injured consumer may have is a product liability lawsuit — and it can be difficult to prove that a nutritional supplement caused an illness or injury.
Safety Tip: 12 Supplement Ingredients That Can Make You Seriously Ill

Along with some other organizations, Consumer Reports is calling attention to twelve ingredients in particular that are known to have adverse health effects. If you must take dietary supplements, write these down and make sure none of them is on the ingredient list:
• Aconite
• Bitter orange
• Chaparral
• Colloidal silver
• Coltsfoot
• Comfrey • Country mallow
• Germanium
• Greater celandine
• Kava
• Lobelia
• Yohimbe
Related Resources:
• “U.S. dietary supplements often contaminated report” (Reuters, August 3, 2010)
• “Ephedra” (Wikipedia, the free encyclopedia)

Avoid Car Accidents and Fines: School Zone Enforcement Starting Up

Feb , 2016,
SeriousInjury
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Kids are headed back to class today in Volusia and Seminole Counties, so it’s time to refresh our memories about how to keep everyone safe on the roads. Traffic laws related to school buses, speed limits in school zones and crossing guards are all meant to help us avoid car accidents and injuries to children.
School zones in Volusia and Seminole are in effect now, and the Volusia County Sheriff’s Office at least will be cracking down on speeders. Class starts next Monday, August 23, in Orange, Lake and Osceola counties.

Speeding in a school zone will cost you a minimum fine of $148. If you are caught speeding 15 to 30 mph over the school zone speed limit, which is 15 mph, you could face a fine of up to $400 — and be arrested.

School Year Safety Tips to Prevent Car Accidents and Injuries
Local police are encouraging commuters to be patient. “Your Monday morning commute may take a little longer, so plan accordingly,” says Seminole County sheriff’s spokeswoman Kim Cannaday.

Here are a few things to keep in mind:
• Crossing guards will be back at their posts both morning and afternoon, so keep an eye out for children crossing the street.
• School buses make frequent stops, but don’t try to go around them. It’s against the law to pass school buses while they are picking up or dropping off students. Don’t wait until the bus’s stop sign is extended — stop as soon as you see the bus’s safety lights begin flashing.
• If you are dropping off or picking kids up from school, be mindful of no-parking areas, particularly in neighborhoods surrounding schools.
“A little planning and some patience will go a long way to ensure the 2010 school years get off to a safe start,” Cannaday says.

Related Resource:
“Drivers cautioned as school begins Monday in Seminole and Volusia” (The Orlando Sentinel, August 13, 2010)

Orlando Area Sees Two Fatal Truck Accidents in Only Eight Days

Feb , 2016,
SeriousInjury
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A fatal truck accident this morning in Apopka is the second in only eight days in the area surrounding Orlando. A woman was killed this morning in a tractor-trailer accident just before 11 a.m. On August 15, an 18-year-old man was killed in a double-rollover accident with an SUV.

According to the Florida Highway Patrol, a woman was making a turn on Orange Blossom Trail at Boy Scout Boulevard in Apopka this morning. She turned in front of a semi tractor-trailer, causing an accident in the northbound lane of Orange Blossom Trail.

When troopers responded to the truck accident, they initially believed that two people had been inside the car, according to FHP spokesperson Sergeant Kim Montes. It now appears the woman was driving alone.

The FHP has not yet released the woman’s name. She was transported to Florida Hospital Apopka, where she died of her injuries. The accident is still under investigation.
This tragedy follows closely after the fatal August 15 car-SUV accident in I-95 near Daytona Beach that killed an Ormond Beach teenager.

The FHP reports that 18-year-old Alex Simpkins Crouch was traveling at a high rate of speed northbound on I-95 when he clipped the right-rear of another vehicle traveling northbound. The SUV-car accident occurred at 10:51 p.m. on Sunday, August 15, about a mile north of LPGA Boulevard.
When Couch hit the other vehicle, a 2006 Mazda SUV, the Mazda was forced into the center median and rolled over, coming to rest on its top. The two women inside had to be extricated by firefighters.

Driver Jessica Parodi, 41, of Daytona Beach, and her passenger, 43-year-old Maria Colon-Morales of Miami were transported to Halifax Health Medical Center. Luckily, both suffered only minor injuries.

Crouch wasn’t lucky. His 2004 Honda rolled several times after the collision, and he was ejected from the vehicle as it was rolling. He was pronounced dead at the scene.
As we have noted in a previous post, I-95 in Florida is the most dangerous stretch of road in the United States. Be careful out there.

Related Resources:
• “Fatal crash closes northbound Orange Blossom Trail at Boy Scout Boulevard” (Orlando Sentinel, August 23, 2010)
• “One dead, two hurt in I-95 crash in Volusia” (Orlando Sentinel, August 17, 2010)

Repeated Concussions May Cause ALS or Permanent Brain Injuries

Feb , 2016,
SeriousInjury
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Many scientists have long theorized that people who experience multiple concussions over time may be at risk for permanent brain injuries and nerve-degenerative diseases such as ALS/Lou Gehrig’s Disease. A recent study published in the Journal of Neuropathology & Experimental Neurology lends some support to those theories and suggests some possible reasons.

The study involved autopsies of the brains and spinal cords of 12 professional athletes, who had donated their bodies to science for this purpose. They included professional football players, boxers and a hockey player.

All of the men were known to have suffered repeated concussions during their sports careers. All of them had been diagnosed before their deaths with a neurological disease called chronic traumatic encephalopathy or CTE, a form of dementia that appears years after the victim sustains the brain injury that causes it.

Three of the athletes had also been diagnosed with ALS (amyotrophic lateral sclerosis), which is also known as Lou Gehrig’s disease. ALS is a member of a group of diseases called “motor neuron diseases,” which cause progressive paralysis. ALS is debilitating and ultimately fatal.
The pathologists performing the autopsies found evidence that, even though none of the men had suffered a single, major brain injury, the milder head trauma they repeatedly experienced during their sports careers may have played a role in causing their CTE or ALS.

“This is the first pathological evidence that repetitive head trauma experienced in collision sports might be associated with the development of a motor neuron disease,” says the report, which was published by scientists at Boston University School of Medicine and the Center for the Study of Traumatic Encephalopathy at the Bedford, Massachusetts, VA hospital.
Brain Injury Experts Say the Study Could Lead to New Prevention and Treatment

The study of these athletes was by necessity quite small, and ALS is quite a rare disease, so more research will need to be done. However, experts in brain injury have said that the study succeeds in pointing out promising areas of research.

The report also acts as a clarion call for greater observation and treatment of those who experience repeated concussions, which includes those serving in the military in Iraq and Afghanistan. Many Iraq and Afghanistan vets have experienced repeated brain traumafrom exploding IEDs and other blows to the head during combat. Some studies have shown that Iraq war vets have a greater-than-average rate of ALS.

Among civilians, sports injuries are the most common cause of repeated head trauma and concussions, and both professional and intramural sports organizations are already focusing more attention on preventing repeated blows to the head.
The study’s specific findings were that a protein called TDP-43 was present in the brains and spinal cords of all the professional athletes autopsied. Scientists already knew that damaging one nerve sometimes sets off a cascade of other nerves dying, but they don’t know why. However, some have hypothesized that TDP-43 may be involved, which is why its presence was significant.

“If you could somehow give a person a drug, you could potentially prevent an illness like amyotrophic lateral sclerosis,” said Dr. Jeffrey Bazarian of the University of Rochester Medical Center in New York in an interview with Reuters.

Several drugs are already being studied to see if they can prevent progressive nerve destruction after brain injuries and strokes. This study may suggest more avenues for research, including drugs that may affect the levels of the TDP-43 protein in affected patients.

Related Resource:
“Bad bumps to head could kill years later: U.S. study” (Reuters, August 17, 2010)

UPS Truck Crashes Into Ford Edge on I-4

Feb , 2016,
SeriousInjury
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Trucks haul freight all over the United States. Drivers travelling alongside those trucks can be seriously injured when drivers lose control. On Friday, August 27, one such driver was lucky to walk away with minor injuries after a UPS truck driver crashed into his Ford Edge on Florida Interstate 4.

Truck accidents can cause significant damage to the other vehicles involved. At around 2 o’clock in the morning last Friday, Michael Shaver was driving his car on I-4 when a UPS driver lost control of his truck and crashed into Shaver.
The UPS driver, Craig Roy, said that a mechanical failure was the cause of the truck accident. He lost control of the semi-truck, crashed into the median and collided with Shaver’s car. Shaver described that the semi-truck “dragged [his Ford Edge] along the wall until [both vehicles] came to a stop.”

Two people including Shaver suffered minor injuries in the crash, although a doctor who stopped to help said that he was “surprised” that Shaver “had only minor scratches” because “the vehicle was almost demolished.”

In addition to destroying Shaver’s car, the truck accident also spilled 75 gallons of diesel fuel and spread pieces of the truck across I-4. It took crews hours to clean up the highway and reopen it to traffic.

In addition to the damage to Shaver’s car and the medical bills of those involved, UPS also needs to be concerned with the packages the truck was carrying. A UPS spokesperson said that the company will offer up to $100 for damaged packages, and shippers who believe their packages warrant higher compensation will be considered individually.

Source:
“UPS truck crash spills fuel, packages on I-4” (WDBO Local News, August 27, 2010)

Cross-Country Bike Ride Raises Brain Injury Awareness

Feb , 2016,
SeriousInjury
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In 2001, Lee Anne and Ben Barry began bike riding long distances to raise awareness about brain injuries. Lee Anne knew first-hand the difficulties associated with these injuries as she herself suffered a brain injury in a car accident when she was five years old.

The couple continued the tradition until 2007 when Lee Ann and another rider were killed after being hit by a car. But Ben and their son Christian have not given up hope.

On August 26 this year, Ben and Christian Barry embarked on a 5,449 mile ride to continue the tradition that Lee Anne started 9 years ago. Setting out from Orange County, Florida, the Barrys will spread the story of Lee Ann, a woman with a brain injury who defied expectations and “never gave up hope.” Throughout the ride, they will speak with other brain injury victims, encouraging them to live life to the fullest.

Car accidents and other forms of negligence often lead to serious injuries, and brain injuries are among the most traumatic. The Barry’s cross-country ride is designed to inform people throughout the nation about a problem that is often kept quiet. Many people are victims of brain injuries.

In fact, this year, the Barrys left for their ride with two others who had suffered brain injuries: mountain bicyclist Randy Profeta and Josh Lawrence. Josh and his father Harold previously held a long-distance walk to raise brain injury awareness in from Florida to North Carolina.

Source:
“Father, son ride 5,449 miles across country” (Orange County Register, August 26, 2010)

Dangerous Intersection Close to Home May Have Killed Loving Couple

Feb , 2016,
SeriousInjury
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A sixty-seven year old preacher and his wife were killed in a car crash only a few blocks from their east Tampa residence on Thursday, September 4th. The intersection of 34th Street and Chelsea Street is regarded as a dangerous intersection by residents of the neighborhood. Over 100 people attended the scene of the crash with some complaining of the level of danger at the intersection.

Neighbors said views of oncoming traffic at the intersection are obstructed by a building on the northeast corner of Chelsea Street. The obstruction forces drivers to pull out beyond the traffic signs to observe oncoming vehicles.

Police said the other driver was heading south on 34th Street, and the car driven by the preacher was heading east on Chelsea Street. Traffic at the intersection is unregulated on 34th Street, and there is a two-way stop sign on Chelsea Street. The driver’s side of the couple’s car was crushed when the two cars collided. As of Thursday, investigators did not have a cause for the crash.
After working for years as a garbage collector for the City of Tampa, the minister took to his life’s calling – preaching. Often, he traveled out of state to spread his Christian message, and his wife worked at a nursing home close to their house.

According to the couple’s sister-in-law, the sixty-seven year old preacher typically drove his wife to work and picked her up at the end of the day. They rarely spent time apart.

“They loved one another so much,” added the sister-in-law, “and they died right there together.”

Source:
“Couple and Friend Killed in Tampa Crash Identified” (St. Petersburg Times/The Ledger, September 3, 2010)

Parasailing Remains Unregulated Despite Its Catastrophic History

Feb , 2016,
SeriousInjury
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Since parasailing’s inception 20 years ago, numerous people along Florida’s west coast have been killed or severely injured by the activity. Parasailing operations do not require a license, and no state or federal agency inspects or certifies equipment.
This past weekend a 27-year-old Georgia woman was severely injured when her tow line broke during bad weather. She remained in critical condition Tuesday at Bayfront Medical Center in St. Petersburg.

The Georgia woman and her fiancé went for a parasailing ride Sunday afternoon. Winds began to blow when they were 50 feet in the air and one mile offshore.

According to the Florida Fish and Wildlife Conservation, which is a part of the investigation team, the boat’s operator was in the process of pulling the couple in when the winch let loose and the couple flew to the end of line. Once fully extended, the line snapped.

Clearwater Police said, after removing himself from his harness, Ladd fell to the water as he tried to help White remove hers. White, still in the harness, was dragged to the ground hitting beach umbrellas and chairs before hitting a 4-by-4 post for a volleyball net.

The parasailing operator has not been charged, and an investigation is ongoing by the Florida Fish and Wildlife Conservation, according to Clearwater police, and the Coast Guard.

In 2005, the Coast Guard recommended that operators adopt guidelines of the self-regulated Professional Association of Parasail Operators. Clearwater has adopted those guidelines as requirements for all parasailing companies harbored at the city marina.

The guidelines require that no parasailing shall take place if a storm is approaching within 7 miles that has sustained winds above 20 mph, or if winds gusts appear dangerous. The captain has the duty to evaluate weather. This past Sunday, other captains decided to return to shore, but the captain of the couple’s boat decided to stay. It only took 12 minutes for winds to jump from 6 mph to gusts of near 35 mph.

Mark McCulloh of the National Parasail Safety Council believes greater oversight could prevent injuries, and the Coast Guard could easily expand to endorse licensing.

McCulloh is aware of only one captain who has lost his license because of a parasailing fatality. He said many are never charged.

Source:
“Despite numerous tragedies, parasailing industry still lacks oversight” (St. Petersburg Times, September 8, 2010)

College Could Have Premises Liability After Adult Falls Out of Bed

Feb , 2016,
SeriousInjury
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A recent fatal accident at the University of North Carolina Chapel Hill has raised a number of questions about whether other organizations that provide dormitory facilities should be held accountable for providing the safest possible facilities. In this case, an adult guest in a residence hall fell out of a lofted bed and sustained a fatal head injury.

Under the law of premises liability, owners and managers of property are generally responsible for taking all reasonable steps to prevent people from being injured on their property. One of the main questions in this case is whether the University should have provided safety bedrails.

On August 20, a 49-year-old woman was visiting her 19-year-old daughter on campus as she got ready to begin her first year at Chapel Hill. The young woman has cerebral palsy, and her mother was there to help her adjust to the physical realities of life in a dormitory. Tragically, the student’s mother seems to have fallen out of a raised bed during sleep, suffering a fatal head injury.

Should Students Have to Opt-In to Safety, Or Opt-Out?
Because it is assumed that no foul play was involved, UNC campus police decided not to conduct a formal investigation, so details about the tragedy are somewhat sparse.
University officials didn’t know exactly how high off the ground the bunk bed had been lofted, but university policy allows students to set their beds as high as 77 inches (nearly 6-1/2 feet) off the floor. According to campus housing director Larry Hicks, the beds were not elevated before the young woman moved in.

UNC dormitory beds do not come with safety rails, but the university says that it can provide them upon request.
According to safety consultant Mark Briggs, who oversaw premises liability and other risk management at the University of Illinois for 10 years, some other schools require safety rails on all beds but allow students to request them be removed, if they agree to sign a liability waiver.

“The students don’t like that because it looks childish,” said Briggs. “We can let intelligent adults make some of their own decisions.”

The basic question is “opt in or opt out?” Should the university should start with the assumption that most students won’t want embarrassing safety rails and only provide them upon request? Or should it presume it should provide the safest option and allow students to choose to remove it?

“We are in discussions on this topic as we speak,” Hicks said Thursday.

Before the wrongful death, UNC had already received 68 requests for bed rails, which is more than double the average for previous years.

“We think it may be because we had a bedrail installed on the lofted bed in the ‘show room’ that we set up for orientation,” Hicks said.
Since the accident, the university has received about 75 more requests for bed rails.

Source:
“Bedrail requests climb after fatal fall” (Charlotte News Observer, September 10, 2010)