Fall 2011 / VOL 2 ED 4
thesafetyreport.com
BULLYING:
The Makings of an
EPIDEMIC
THE NEXT DRUG TREND
READY FOR FOOTBALL SEASON?
A ‘GROWING’ PROBLEM - Childhood Obesity
TRICK-or - TREAT SAFETY + CRIB SAFETY 101
James T. Heos Devon R. Glass Nolan L. Erickson Diego Avila David S. Mittleman
PUBLISHERS
from the firm»
David S. Mittleman
Devon R. Glass
Nolan L. Erickson
Diego Avila
Dear Friend,
EDITORIAL
Please accept this complimentary copy of The Safety Report as a gift from ChurchWyble Executive Editor
PC, a proud member of The Injury Board. Tom Young
tyoung@thesafetyreport.com
The Injury Board is a growing community of attorneys, industry experts and consumer
advocates committed to making a difference by helping families stay safe and avoid Managing Editor
injury, and by helping those who are injured get the assistance they need to move on Stephanie Andre
with their lives after an accident.
sandre@thesafetyreport.com
Autumn is a season full of change. Kids are going back to school; the leaves are falling ADVERTISING INFORMATION
off the trees and the temperature is beginning to drop. As rain turns to ice and we advertising@thesafetyreport.com
switch from the air conditioner to the furnace, remember to take a few moments to
Brought to you by:
ensure your car and home are ready for the impending winter.
Speaking of change, it looks like the future might hold some consumer-friendly
developments in the law. After decades of pro-corporation, anti-victim legislation and
court decisions, the tide of public opinion has shifted.
A powerful new documentary, Hot Coffee, is helping to set the record straight about 2827 E. Saginaw
how huge companies are rewriting our laws to limit access to justice. Hot Coffee uses
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several real-life cases to show the real effects of “tort reform legislation”: shaming
people away from using the civil justice system and making it nearly impossible to
obtain fair and adequate compensation for their injuries. Google “Hot Coffee” for more
information. It premiered on HBO in June and will be available on DVD this fall.
In this magazine, you will find articles and safety tips supplied by some of the nation’s
brightest attorneys and safety experts. Our goal is to make sure you have the Representing
information you need to protect yourself and your family from preventable, life-changing
injuries. Victims of
We invite you to visit our website at www.churchwyble.com. There, you will find brief
profiles of our attorneys and descriptions of the services we provide. In addition, you
Negligence
can follow our Injury Board blog at http://lansing.injuryboard.com, where you’ll find the
latest consumer safety and legal news.
We hope you find this magazine helpful and informative. Check back with us regularly We Are
Here When
for new content and advice.
Sincerely,
David S. Mittleman
You Need
Us Most
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thesafetyreport.com
table of CONTENTS
fall 2011
O N TH E COVE R
13. ‘Bath Salts’:
The Next Drug Trend?
21. Are You Ready for
Some Football?
F EAT U RED
Breast Cancer Awareness —
04. Start Early
Is a Low-Carb Diet the Right
11.
23. Trick-or-Treat Way to Go?
A ‘Growing’ Problem - Childhood
14. Obesity
Pregnancy & Antidepressants:
16. Know the Facts
27. Bounce House Blitz
12 Gift-Giving Tips for the Cyclist
28. in Your Life
43. How to Ensure Your Baby Formula is Safe
46. Grieving: 5 Ways to Offer Support
48. It’s Tough Raising a Kid These Days
49. On Campus: Fire Safety Rules
Get Your Car Cold-Weather Ready
53.
32 Bullying: The Makings of an Epidemic 57.
Hit the Brakes on Distracted Driving
… Before It’s Too Late
Nerd. Fat. Weird. Loser. Dork. Ugly. Freak. ... The list goes on and on.
Commentary: Standing My Ground
These are derogatory labels teens regularly use to belittle and intimidate 58. on Teenage Drivers
others. This is bullying. In this issue’s cover spotlight, we break down the
various types of bullying, what parents and schools should be doing about
it and how we all, as a society, can stop it. Plus, we also take a more in-
depth look at hazing, a sometimes-deadly component of bullying, starting
on page 38.
H&W
HEALTH & WELLNESS
breast cancer awareness
START EARLY By Wayne Parsons
October is National Breast Cancer Awareness »Changes to the skin over the breast, such as dimpling
Month, yet many people are still not aware »Inverted nipple
of how to check for risk factors or how the »Peeling, scaling or flaking of the nipple or breast skin
disease is treated. This is all despite the fact »Redness or pitting of the skin over your breast, like the skin of
that breast cancer is the second most an orange
common cause of death from disease Late diagnosis still remains the biggest factor in determining
— next to skin cancer — and the first survival. Cancer is a race against time. Every woman — starting
among women. in her teenage years — should have a plan for breast cancer
Following is a list of factors to look for, awareness.
according to the Mayo Clinic:
TyPEs OF BREAsT CANCER
»A breast lump or thickening that feels different from the sur-
rounding tissue Most breast cancer is classified as ductal carcinoma — cancer
»Bloody discharge from the nipple that occurs in the milk ducts in the breast. As science advances
»Change in the size or shape of a breast its understanding of cancer at the cellular and genetic levels,
THESAFETYREPORT.COM / 05
of drugs called PARP inhibitors, includ- advanced equipment.
ing the more familiar Olaparib. Some
chemotherapy drugs kill most of the cells For more information, visit Susan G.
they encounter and, thus, can only be Komen for the Cure (www.komen.org) or
administered in limited doses. Targeted the National Breast Cancer Foundation
drugs hope to lessen the impact by go- (www.nationalbreastcancer.org).
ing directly to the cancer cells.
— Wayne Parsons is an attorney with Wayne
STAndARd TREATmEnT Parsons Law Offices in Honolulu, Hawaii.
most breast cancer patients undergo
surgery to remove a tumor or have
the entire breast removed followed by
DON’T GIVE UP
chemotherapy and sometimes radiation.
Surgery options include:
»Mastectomy – The entire breast is
» Editor’s note: Below is a commentary by
removed.
Wayne Parsons. The opinions expressed
»Lumpectomy – An individual tumor
here are those solely of the author.
and the surrounding area (margin).
»Sentinel node biopsy – The lymph To the women who are facing or may
node that drains the tumor site is removed.
face a bad prognosis, be aware that many
»Axial lymph node dissection – If the local oncologists are unlikely to know
sentinel lymph node has cancer then about current state-of-the-art treatments
the series of nodes under the armpit being offered at top cancer centers, such
are removed. However, be aware that as the Mayo Clinic, Johns Hopkins Hospi-
this does not improve survival in cases tal, Anderson Cancer Center, the Moffett
of early detection, lumpectomy, che- Center & Institute and other centers of
motherapy and whole-breast radiation, the like.
according to the mayo Clinic. I learned this firsthand when my wife
CHEmOTHERAPy & RAdIATIOn contracted a rare form of cancer (not
breast cancer) a few years ago. Our doc-
Chemotherapy can be given before
tors did not inform us about treatments
and/or after surgery. The goal is to kill that were available at other centers.
cancer cells in the breast tumors as well I found the other treatment centers
as those that may have moved outside myself — on the Internet and in discus-
the breast into other parts of the body sion forums. When I found a new treat-
through the lymph system. The drugs ment and asked the local doctor about it,
used change frequently as research I was given a negative response — even
unveils new treatments. though I later found out that the treat-
Radiation can be done via two differ- ments were often saving lives.
many variations of breast cancer are be- ent methods: an external beam directed Do not accept a death sentence from
ing identified, including “triple negative” at the tumor site or by placing radioac- any doctor without doing your own
(missing hormone receptors or HER2 tive agents into the tumor site. The latter research and asking tough questions.
receptor in the cancer cells) or “basal- — called brachytherapy — allows for With the Internet, we can all do that
like” breast cancers. higher doses of radiation with less dam- now. Look for breast cancer patient
Familial breast cancers are identified age to surrounding tissue. discussion forums. They are marvelous
by certain gene mutations in the cancer However, some hospitals may have sources of support and information, and
cells, such as BRCA mutations. The older machines, so it is best to ask your offer everything from novel treatments to
latter are being studied for treatments doctor about treatment at a cancer questions to ask of doctors.
targeting such mutations with a class center that offers newer and more
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HEALTH & WELLNESS
RESEARCHERS:
Toner Shoes Are Well-Marketed, Poorly Designed
By Brett Emison
Called by one reviewer as the think the shoes are working because of shoes. A test by the American Acad-
“World’s Smallest Gym,” toner shoes the pain they feel in their muscles when emy of Podiatric Sports Medicine and
are now the fastest-growing segment in wearing the shoes. Results like this led to American Council on Exercise showed
the footwear industry. Shoe companies a class-action lawsuit against shoe manu- prolonged use can lead to material
claim the shoes’ design tones legs and facturer New Balance for using deceptive alteration of individual walking gait me-
boosts the benefits of walking. marketing tools to pitch toner shoes. chanics. This is particularly concerning,
In fact, with well-known spokespeople While the shoes’ health benefits may considering the industry’s new marketing
pitching the product — including sports be uncertain, toner shoes certainly do campaign push toward preteens.
greats Joe Montana, Wayne Gretzky create health risks. Consumer Reports In response to the Consumer Reports
and Karl Malone, and the increasingly Health recently analyzed a product Health report, Skechers, a leading toner
popular Kim Kardashian — the toner complaint database and found 36 shoe manufacturer, dismissed the risk
shoe market tripled last year alone. people had reported injuries associ- and danger to its customers:
Collectively, shoe manufacturers have ated with toner shoes during just three “Like other shoes that have natural
released more than 60 different toner months in 2011. The number of toning built-in instability, like high heels or
shoe options. The shoes seem to have shoe complaints was far greater than roller blades or roller skates, Shape-Ups
become accepted by the public as a le- any other single type of product. In one are slightly unstable. That’s what gets
gitimate way to stay in shape; however, ABC News report, an individual suffered you the fitness benefit. But you have to
recent studies say otherwise. a broken bone after just 45 minutes in follow the instructions. That’s why every
The American Council on Exercise the shoes. box of Shape-Ups comes with written
conducted an independent study that Unfortunately, these injures are not instructions and a video telling you how
showed “no evidence to support claims surprising to many health care profes- to use the product.”
that these shoes help wearers exercise sionals, as toning shoes are designed to Regardless of what the manufacturers
more intensely, burn more calories or create instability. Orly Avitzur, MD, medi- say, be an educated consumer. Learn
improve muscle strength and tone.” cal advisor to Consumer Reports Health, all you can about toner shoes and then
Additional research conducted by the concluded that anyone with balance make a decision about whether or not
Society of Chiropodists and Podiatrists issues, back pain, neuropathy or unstable you want to take on the risks associated
support the conclusion that the shoes ankles should not wear toner shoes. with these shoes.
have minimal toning effect. Professor However, the toning shoe danger is
John Porcari, a sport science specialist not limited to individuals with balance is- — Brett Emison is a partner at Langdon &
at the University of Wisconsin, told the sues. Even young people in good shape Emison in Kansas City, Missouri.
Daily Mail (U.K.) that people mistakenly have reported problems with toner
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THESAFETYREPORT.COM / 07
Health 101
DO YOU UNDERSTAND
CEREBRAL PALSY?
additionally, some medical literature
describes other categories of cerebral
palsy; any individual patient may have
By David Mittleman
symptoms consistent with more than
one variation of the condition. Thus,
these categories are helpful but not
necessarily definitive.
healTh Care
The effects of cerebral palsy on the
health care system are difficult to fully
calculate. In many cases, patients need
around-the-clock, skilled nursing care.
Families often have difficulty obtain-
ing these services, let alone paying for
them. even relatively mild cases require
anti-spasm medications, braces, walk-
ers, canes and more.
With no cure currently available,
these costs are incurred throughout the
lifetime of the patient.
advaNCeS IN MedICINe
recent advances in medical science —
including stem cell use — have brought
Cerebral palsy is defined by the including: a glimmer of hope to families affected by
National Center for Biotechnology • Bleeding in the brain the condition. For example, preschooler
Information as a “condition, sometimes • Brain infections (encephalitis, meningi- Sasha Browne received an injection of
thought of as a group of disorders, that tis, herpes simplex infections) her own stem cells, taken from her um-
can involve brain and nervous system • Head injury bilical cord shortly after birth.
functions such as movement, learning, • Infections in the mother during preg- Sasha, now 4, is able to walk, talk and
hearing, seeing and thinking.” Symp- nancy (rubella) interact with others much better than
toms range from simple lack of fine • Severe jaundice her doctors ever expected had she not
muscle coordination to an inability to CoNdITIoN TypeS received the treatment.
maintain balance or walk. While we are a long way from making
Generally speaking, cerebral palsy is
The condition is often accompanied cerebral palsy a thing of the past, we
divided into three distinct types:
by other medical complications, includ- are coming closer to fully understanding
• Ataxic, which is characterized by
ing seizures and developmental delays. the condition.
low muscle tone and shaky, unsteady
The CauSe movements
Cerebral palsy can be caused by a num- • Choreoathetoid, in which the limbs, For more information, please visit www.
ber of different events, some of which trunk and face muscles move spontane- ninds.nih.gov/disorders/cerebral_palsy.
may occur before, during or after birth. In ously and without voluntary control
some cases, the condition may result from • Spastic, the most common type (afflict- — David Mittleman is an attorney with
a combination of events occurring at all ing about 70 percent of individuals with ce- ChurchWyble PC in Lansing, Michigan.
three stages of the birth process. rebral palsy), in which muscles remain stiff
however, premature infants have and tense, severely limiting movement
a slightly higher risk of developing
cerebral palsy, according to NCBI.
Cerebral palsy also may occur during From your computer, enter the From your smartphone,
article ID in the search box at thesafe- scan the tag using TagReader. For
early infancy as a result of conditions,
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HEALTH & WELLNESS
Oh, My Aching Back!
STEPS
TO RELIEVE BACK PAIN
By Robyn Madden
THESAFETYREPORT.COM / 09
M
illions of Americans equipment to help you lift loads. If Use a stool to reach anything higher
suffer from back pain you’re on the phone most of the day, than shoulder level.
at some point in their try a headset. If you work at a com- Manage and address your stress.
lives. That stat’s not puter, make sure that your monitor and Professional and personal stress can
surprising, consider- chair are positioned properly. Avoid lead to muscle tension and tightness,
ing almost everything we do requires unnecessary bending, twisting and which can contribute to or worsen back
us to use your backs. reaching. Limit the time you spend pain. Use positive coping mechanisms
According to Discovery Health, carrying heavy briefcases, purses and — such as deep-breathing exercises,
approximately 60-90 percent of all bags. Consider using a rolling suitcase. taking a walk around the block or
Americans will experience at least talking about your frustrations with a
one back injury in their lives. Half of trusted friend — to handle stress in a
these people will experience multiple
episodes of back problems. Back pain Back problems healthy way.
Stay active. Maintaining a healthy
ranges from dull and achy to stiff and
sharp and can be acute, chronic or
are rarely the weight minimizes stress on your back,
and exercise can strengthen your back
recurrent acute.
Fortunately, back problems are
result of a and stomach muscles. For most healthy
adults, the Department of Health and
rarely the result of a single activity or
accident and result over time from pull-
single activity Human Services (HHS) recommends at
least 150 minutes a week of moderate
ing, straining, stretching or spraining. or accident and aerobic activity or 75 minutes a week
Pinpointing the source of the pain can of vigorous aerobic activity — prefer-
be problematic as it can originate from result over time ably spread throughout the week —
muscle, soft tissue, ligaments, carti-
lage, discs and nerves. Other times, due to pulling, and strength training exercises at least
twice a week.
the source of an injury is obvious, such
as a car wreck or isolated injury.
straining, Minimize hazards. Falls can seriously
injure your back. Remove anything
To help minimize potential back pain
issues, heed this advice:
stretching or from your work space that might cause
you to trip. Consider wearing low-
Avoid exerting too much force on spraining. heeled shoes with nonslip soles.
your back. Lifting or moving heavy Listen to your body. If you must
objects can cause injury. When lifting, sit or stand for a prolonged period,
kneel down on one knee with the Be careful when sitting and stand- change your position often. Try taking
other foot flat on the floor as near as ing. Slouching exaggerates your a 30-second break every 15 minutes
possible to the item you are lifting. back’s natural curves, which can lead to stretch, move or relax. Or, stand up,
Lift with your legs and not your back, to muscle fatigue and injury. When stretch and change positions each time
keeping the object close to your body standing, keep one foot forward of the you answer the phone, make a call or
at all times. Ask someone for help and other, with knees slightly bent, to take do another routine task.
remember that pushing is better than the pressure off your lower back. When If you smoke, stop. Nicotine re-
pulling a heavy object. you are sitting, keep your knees slightly stricts the flow of blood to the discs
Modify any repetitious activity. higher than your hips to provide good that cushion your vertebrae, increasing
Repeating certain movements can lead lower back support. the likelihood you will suffer back pain.
to muscle fatigue or injury, particularly Sleep on your side. Sleeping on
if you’re stretching to the limit of your your back puts 55 pounds of pres- If you suffer from back pain, seek the
range of motion or using awkward sure on your back. Putting a couple advice of your family doctor.
body positioning. Think about how you of pillows under your knees cuts the
can modify repetitive tasks at work to pressure in half. Lying on your side — Robyn Madden is an attorney with the
reduce physical demands on your body. with a pillow between your knees also Strom Law Firm in Columbia, South Carolina.
Use lifting devices or adjustable reduces the pressure.
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HEALTH & WELLNESS
By Samuel L. Davis
No longer is bullying is confined to on a product being defective, the increased risk when searching for a hos-
the schoolyard. An intellectual bullying manufacturer’s first reaction is often to pital, surgeon and device. Here’s how:
has been going on in this country for go after the surgeon. The incentive to 1. Do your homework.
years and the number of victims reaches make the right choice for a patient be- 2. Make sure your doctor has plenty
to the hundreds of thousands. comes clouded by conflicts of interest. of experience with the procedure he is
Who are the culprits? Big Pharma Unfortunately, the victim is the patient. recommending.
and its close cousins, the medical de- In a currently pending litigation, 3. Is he being compensated by the
vice manufacturers. doctors who complained about the maker of that device?
Hospitals are the new playground for poor outcomes with a hip replacement 4. Is your hospital subsidized by that
these corporate bullies. With hospi- manufactured by Zimmer were chided by manufacturer?
COMMENTARY:
5 Tips for Dealing with Medicine’s Corporate Bullies
tals hoping to get research dollars the maker for having used poor surgical 5. Does the hospital have low infec-
from multibillion-dollar manufacturers, technique. Zimmer shrugged off reports tion rates?
pharmaceutical industry sales represen- of device failure and rejected the possibil- Be a proactive patient and demand
tatives restrict orthopedists’ choices to ity of a hip replacement recall. independent judgment and a high stan-
use products made by the one or two While Zimmer blamed poor surgical dard of care. It will increase your odds
manufacturers that are supporting the technique, the hip implant had serious for a successful surgery.
hospital. As big business becomes the complications, including failure of hip While it may be just as intimidating
benefactor, surgeons choose a manufac- implant to bond with bone, unexpected to question a surgeon as it is to stand
turer that has the most money, but is not movement of joint in hip socket, loosen- up to a schoolyard bully, when you or
necessarily making the best device. ing of the hip implant and damage to a loved one’s health is on the line, it is
The consequences for speaking out the surrounding bone. time to put the proverbial recess ren-
have become more severe. Any doctor In July 2008, the company announced egade in his place.
who doesn’t play ball is given unpleas- a suspension in sales of the product, but
ant or inconvenient operating room never issued a formal hip recall. — Samuel L. Davis is founding partner of Davis
access. If a surgeon blows the whistle It is possible to avoid being at Saperstein & Salomon in Teaneck, New Jersey.
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THESAFETYREPORT.COM / 11
By Stephanie Andre
Is a Low-Carb
DIET
the Right Way
TO GO?
T
he holidays will soon start According to the Mayo Clinic, the ries overall.
approaching. As will the holi- theory behind the low-carb diet is that Long-term weight loss success de-
day meals … and the calories insulin prevents fat breakdown in the pends on the individual, however. Aban-
that come along with them. body by allowing sugar to be used for doning a low-carb diet and returning to
With boatloads of foods, such as energy. Proponents of the low-carb diet your previous eating habits may result in
breads, starchy vegetables and more, believe that a decrease in carbs results weight gain.
it’s easy to head toward carbohydrate in lower insulin levels, which causes WATCH WHAT You eAT
overload and straight off your diet. To the body to burn stored fat for energy.
being on a low-carb diet still means
avoid a complete diet meltdown, you Still, research suggests that any weight
watching what you eat. A number of
might want to look into a low-carb diet, loss from a low-carb diet probably isn’t
foods that work well for a low-carb diet
designed to limit carbs and empha- related to blood sugar or insulin levels.
are high in saturated fat and choles-
sizes sources of protein and fat. Many WHAT You’re eATIng terol. This can increase the risk of heart
types of low-carb diets exist, each
In general, a low-carb diet focuses on disease and perhaps some types of
with varying restrictions on the types
meat, poultry, fish, eggs and some non- cancer, according to the Mayo Clinic.
and amounts of carbohydrates. How-
starchy vegetables. What’s more, if your diet is lacking
ever, understand that going on such a
A low-carb diet is likely to promote in fruits, vegetables and whole-grain
diet will limit/eliminate certain foods
weight loss — at least at first. Contribut- foods, you may not get enough fiber
from your diet that most would deem
ing factors may include: — which can contribute to constipation
healthy, such as fruits and vegetables.
• Loss of water weight. Low-carb diets and other gastrointestinal problems.
CArb breAkdoWn often have a diuretic effect. THe VerdICT?
Carbohydrates are found in grains, • Increased feeling of fullness. A
So, will you lose weight on a low-carb
dairy products, fruits, vegetables and low-carb diet is relatively high in fat
diet? Yes. Will it last? Maybe not … un-
legumes (beans and peas). They’re and protein. Since fat and protein take
less you change your lifestyle.
also found in sugar and sweets. For longer to digest than do carbs, you may
In the end, eating in moderation and
most people, carbohydrates serve as a feel fuller longer.
watching portion control is key. don’t
primary source of energy. during diges- • Reduced calories. A low-carb diet
forget — exercise is vital toward long-
tion, your body converts carbohydrates strictly limits the variety of foods you
term health and weight control.
into sugar. As your blood sugar level eat. This generally results in fewer calo-
rises, so does your insulin level. Insulin
drives blood sugar into your cells to
From your computer, enter the article From your smartphone,
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H&W
sleep apnea kills
HEALTH & WELLNESS
By Jim Cole and Will Sciba
Did you know that at least one-third risk factors include: According to studies conducted on
of commercial truck drivers suffer from Obesity – More than half the people both the U.S. and Canadian drivers,
at least a mild case of sleep apnea? with sleep apnea are overweight. patients with sleep-disordered breath-
That’s according to a number of studies, Age – People over 40 are more likely to ing were 2.5 times more likely to have
including one by the Federal Motor suffer from the disorder. automobile accidents. What’s more,
Carrier Safety Administration (FMCSA). Male – Men are generally twice as likely when you apply those numbers to the
But, before we start talking about as women to have sleep apnea. trucking industry, it’s estimated that
truck drivers, we have to first get to A large neck – For men, this would be 20-30 percent of accidents involving
the root of the problem: do you know larger than 17 inches; for women, larger tractor-trailers are sleep related. In fact,
what sleep apnea is? It occurs when the than 15 inches. one study found that drivers with sleep
muscles in the back of the throat relax High blood pressure – Sleep apnea is apnea are three to five times more likely
too much to allow for normal breathing. common among people with hypertension. to be involved in a head-on collision.
When this happens, typically, the Smoking – Smokers are nearly three For proper diagnosis, a person
person wakes up. In fact, people with times more likely than nonsmokers to should have a sleep study. This normally
severe sleep apnea may wake up have sleep apnea. involves overnight monitoring of breath-
hundreds of times a night. The result Use of alcohol, sedatives or tranquil- ing and other bodily functions.
is inadequate sleep, excessive daytime izers – These may relax the muscles in There are several common treatments
sleepiness, drowsiness and fatigue. the throat. including surgery, the use of an oral
Sleep apnea is most prevalent among Your body – Having large tonsils, a appliance or the use of a continuous
males over 40 years old that are over- large tongue or a small jaw bone. positive airway pressure (CPAP). Use
weight and live a sedentary lifestyle. Family history – Your lineage can have of a CPAP machine is the most com-
These factors are prevalent among truck some effect on whether or not you have mon treatment and is often effective in
drivers. the disorder. controlling sleep apnea.
Signs and symptoms include: Nasal obstruction – If you have a devi- Making this change is necessary to
» Loud snoring ated septum, allergies or sinus problems, the safety of truck drivers and all oth-
» Abrupt awakenings accompanied by you may be more prone to the disorder. ers on the road. A driver who is being
shortness of breath Considering the number of drivers on successfully treated for sleep apnea is
» Observed episodes of breathing ces- the road and the associated risk, sleep qualified to drive.
sation during sleep apnea is a problem — for both the truck-
» Gasping and snorting ing industry and the traveling public. — Jim Cole and Will Sciba are with Cole,
Cole & Easley in Victoria, Texas.
» Difficulty staying asleep
» Excessive daytime sleepiness
» Forgetfulness From your computer, enter the article From your smartphone,
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THESAFETYREPORT.COM / 13
‘Bath Salts’
THE N E X T D R U G T R E N D ?
By Pete Strom
For many parents, the primary con- hallucinations, paranoia and rapid heart slit his face and stomach repeatedly. All
cerns for their teenagers are underage rates, as well as suicidal thoughts. The across the nation — from the Southeast
drinking and alcohol or drug abuse. While drug is easy to get a hold of, costing to California — emergency calls have
alcohol and drug abuse continue to be a about $25 at convenience stores, and can been reported for people using the
problem, parents should also be aware of cause serious health problems. stimulants.
a new, readily available — and surprisingly The Centers for Disease Control and Poison centers across the country have
legal — drug that is gaining extensive Prevention (CDC) warns that, “unlike reported growing numbers of calls about
popularity. It’s known as “Bath Salts.” traditional cosmetic bath salts, which are the synthetic stimulant.
Bath Salts are packets of white powder packaged and sold for adding to bath The stimulants in Bath Salts are not
with innocuous names like Vanilla Sky, water for soaking and cleaning, the drugs regulated by the U.S. Drug Enforcement
Ivory Wave and White Rush. The packets, sold as ‘Bath Salts’ have no legitimate Administration (DEA); however, they will
which are usually smoked or snorted, use for bathing and are intended for likely face federal scrutiny.
produce a meth-like high and violent substance abuse.” Even though abuse of Bath Salts is
behavior in users. The active ingredient in Bath Salts is a becoming more popular, it is difficult to
Surprisingly, this dangerous and highly chemical called MDPV, which is similar to combat the problem since the drug is still
addictive recreational drug is sold at gas cathinone, a compound found in a plant legal in many states.
stations and convenience stores as well called Khat that produces leaves that are The Associated Press reported that
as on the Internet. Bath Salts have made chewed in Africa. However, unlike or- Gary Boggs, an executive assistant at
their way to much of the Southeast. ganic cathinone, Bath Salts are synthetic the DEA, said there is a long process to
The designer drug has gained wide- drugs made in a lab. restrict designer drugs such as Bath Salts.
spread popularity and has already been Traumatic stories of overdoses have Unfortunately, he said it is a process that
banned in North Carolina and Florida. been circulating the country as the drug can take years. In the meantime, parents
While many states are acting quickly to ban becomes more controversial. In Panama should be aware of the danger and its
access, the drug remains readily available. City, Florida, multiple officers were need- convenient accessibility.
Some health professionals claim the ed to restrain a man who tore a radar unit
effects of the powders are as influential out of a police car with his teeth. — Pete Strom is an attorney with Strom
as abusing methamphetamines. Accord- In Mississippi, a man got high on the Law Firm in Columbia, South Carolina.
ing to reports, the chemicals can cause chemicals and took his skinning knife and
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HEALTH & WELLNESS
A ‘GROWING’PROBLEM
CHILDHOOD
OBESITY
By Stephanie Andre
It’s no secret that today’s kids weigh more than in previous
generations. Just ask the Centers for Disease Control and
Prevention (CDC). According to its data, approximately
17 percent of children ages 2-19 are obese. In fact, since
1980, obesity in children has almost tripled.
But why? Well, for starters, it’s basic math: caloric intake
vs. a lack of physical activity. From video games to 24/7
television, children nowadays have many more options
for how to spend their time — all without ever leaving
the comfort of the couch.
What kinds of habits are we teaching our children
if we don’t motivate them to play outside with friends
or put down the soda? The bottom line is childhood
obesity is only getting worse and it’s our job as
parents to curb the behavior and teach these
children to love their bodies and take care
of themselves.
Looking for more proof? Following
is a list of risk factors from the CDC:
Sugar drinks and less healthy
foods on school campuses.
About 55 million school-aged
children are enrolled in
schools across the United
States, and many eat and
drink meals and snacks
there. Yet, more than half
of U.S. middle and high
schools still offer sugar
drinks and less healthy foods
for purchase.
Advertising of less healthy
foods. Nearly half of U.S.
middle and high schools allow
advertising of less healthy foods,
which impacts students’ ability to
make healthy food choices. In addi-
tion, foods high in total calories, sug-
ars, salt and fat — and low in nutrients
— are highly advertised and marketed
through media targeted to children
THESAFETYREPORT.COM / 15
and adolescents, while advertising for high-energy-dense diet is associated fed at the end of six months. The success
healthier foods is almost nonexistent in with a higher risk for excess body fat rate among mothers who want to breast-
comparison. during childhood. Sugar drinks are the feed can be improved through active
Variation in licensure regulations largest source of added sugar and an support from their families, friends, com-
among child-care centers. More than important contributor of calories in the munities, clinicians, health care leaders,
12 million children regularly spend time diets of children in the United States. employers and policymakers.
in child-care arrangements outside the High consumption of sugar drinks, Television and media. Children 8-18
home. However, not all states use li- which have few, if any, nutrients, has years of age spend an average of 7.5
censing regulations to ensure that child- been associated with obesity. On a hours a day using entertainment media,
care facilities encourage more healthful typical day, 80 percent of youth con- including TV, computers, video games,
eating and physical activity. sume sugar drinks. cellphones and movies. Of those 7.5
Lack of daily, quality physical activ- Increasing portion sizes. Portion siz- hours, about 4.5 hours is dedicated to
ity in all schools. Most adolescents es of less healthy foods and beverages viewing TV. Eighty-three percent of chil-
fall short of the 2008 Physical Activity have increased over time in restaurants, dren from 6 months to 6 years old view
Guidelines for Americans recommenda- grocery stores and vending machines. TV or videos about one hour and 57
tion of at least 60 minutes of aerobic Research shows that children eat more minutes a day. TV viewing is a contribut-
physical activity each day, as only 18 without realizing it if they are served ing factor to childhood obesity because
percent of students in grades 9-12 met larger portions. This can mean they are it may take away from the time children
this recommendation in 2007. In fact, consuming a lot of extra calories, espe- spend in physical activities; lead to in-
by 2009, only 33 percent attended daily cially when eating high-calorie foods. creased energy intake through snacking
physical education classes. Lack of breastfeeding support. and eating meals in front of the TV and
No safe and appealing place, in Some studies have shown that breast- influence children to make unhealthy
many communities, to play or be feeding protects against childhood food choices through exposure to food
active. Many communities are built in overweight and obesity. However, in advertisements.
ways that make it difficult or unsafe to the United States, while 75 percent of
be physically active. For some families, mothers start out breastfeeding, only 13 For more information, visit
getting to parks and recreation centers percent of babies are exclusively breast- www.cdc.gov/obesity/childhood.
may be difficult, and public transporta-
tion may not be available. For many
children, safe routes for walking or From video games to 24/7 television,
biking to school or play may not exist.
Half of the children in the United States children nowadays have many more
do not have a park, community center,
and sidewalk in their neighborhood. options for how to spend their time —
Only 27 states have policies directing
community-scale design.
all without ever leaving the comfort of
Limited access to healthy, afford-
able foods. Some people have less
the couch.
access to stores and supermarkets that
sell healthy, affordable food, such as
fruits and vegetables, especially in rural,
minority and lower-income neighbor-
hoods. Supermarket access is associ-
ated with a reduced risk for obesity.
Greater availability of high-energy-
dense foods and sugar drinks. High-
energy-dense foods are ones that have
a lot of calories in each bite. A recent
study among children showed that a
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HEALTH & WELLNESS
know the facts about
PREGNANCY & By Tor Hoerman
AN TI D EP RES S A N T S
Depression is among the most common problems entirely without first discussing it with their physician.
seen in primary-care medicine. According to the however, recent studies show that staying on
American College of Obstericians and Gynecolo- these drugs could harm the unborn child. the sad
gists (ACOG), reproductive-age women have the fact is that the public has not been provided with the
highest prevalence of major depressive disorders; known risks to unborn children exposed to ssRIs, so
approximately 1 in 10 women will have major or a risk-benefit analysis is very difficult — if not impos-
minor depression sometime during pregnancy and sible — for pregnant women and women looking to
the postpartum period. For years, doctors have pre- become pregnant.
scribed antidepressants to treat depression. During pregnancy, medications taken by the
Given these statistics, it should come as no mother can cross the placenta and enter the devel-
surprise to find a large number of pregnant women oping baby’s bloodstream. A medicine’s effect on
worried about the effects of these drugs on their the unborn baby depends on the medication and
unborn children and confused about their options. the trimester in which the medicine is taken.
Although the Web is filled with support forums for
women that find themselves in this situation, the DRuGs AnD theIR eFFeCts
drug companies and the Food and Drug Administra-
In order to assist pregnant women with their deci-
tion (FDA) have been slow in responding to these
sions about whether or not a drug could be harmful
women’s pleas for information.
to her fetus or newborn, the FDA provides drug
categories based on information the agency has
WhAt hAppens? gathered in initial studies and as a result of informa-
selective serotonin reuptake inhibitors (ssRIs), the tion the drug companies provide. the five catego-
most widely prescribed antidepressants, have been ries are divided as A, B, C, D and X, with A being
known to cause withdrawal symptoms — often severe the weakest warning and X being the strongest (see
— when usage is stopped suddenly. Obviously, women sidebar).
should not make the decision to go off these drugs Most ssRIs are Category C, which generally means
THESAFETYREPORT.COM / 17
SSRIs FDA INJURIES/BIRTH
(selective serotonin
reuptake inhibitors)
Use-in-Pregnancy Ratings DEFECTS
linked to the use of SSRIs
Category A by pregnant women
» Paxil (paroxetine) » Drugs that were tested and
» Zoloft (sertraline) found to be safe during pregnancy. » Anencephaly
Includes folic acid, vitamin B6 and » Autism
» Prozac (fluoxetine)
some thyroid medications in pre-
» Effexor (venlafaxine) » Cerebral palsy
scribed doses.
» Celexa (citalopram) » Chiari malformation
» lexapro (escitalopram) » Club foot
Category B
» Symbyax (olanzapine/fluoxetine) » Cleft lip and/or cleft palate
» These drugs are frequently used
» Wellbutrin (bupropion) during pregnancy and do not ap- » Craniosyostosis
» Cymbalta (duloxetine) pear to cause major birth defects » Heart defects, including :
or other problems. Category B • Atrial septal defects
includes some antibiotics, acetamin- • Patent ductus arteriosus
ophen (Tylenol), aspartame (artificial
• Patent foraman ovale
sweetener), famotidine (Pepcid),
they are neither safe nor unsafe for use in prednisone (cortisone), insulin (for • Tetralogy of fallot
pregnancy. The exception is Paxil, which diabetes) and ibuprofen (Advil, • Transposition of the great
is a pregnancy category D medication. Motrin) before the third trimester. arteries & bicuspid aortic valve
Historically, Paxil has received the » Ventricular septal defects
most attention regarding injuries relat- Category C » Hypospadias
ing to its use during pregnancy. Studies » Animal reproduction studies have » Omephalaocele
shown an adverse effect on the fe- » Plagiocephaly
have concentrated on the effects that
tus and there are no adequate and
Paxil has had on the unborn child, » PPHn (persistent pulmonary
well-controlled studies in humans,
rather than the other SSRIs. In fact, the but, potential benefits may warrant hypertension of the newborn)
ACOG recommends that Paxil should use of the drug in pregnant women » Pulmonary stenosis
despite potential risk. » Respiratory distress
be avoided, when possible, by pregnant
women or women planning to become » Spina bifida
Category D » Tethered spinal cord
pregnant due to the potential risk of
» There is positive evidence of
fetal harm. human fetal risk based on adverse
That said, researchers are quickly reaction data from investigational or
learning more about each of the SSRIs marketing experience or studies in
and the effects they could potentially humans, but potential benefits may used by pregnant women.
warrant use of the drug in pregnant
have on unborn children. Early studies women despite potential risks. Furthermore, it is understandable that
led researchers to believe that injuries many women are afraid to stop taking
from fetal exposure to SSRIs were Category X the medication that prevents them from
limited to the lung and heart. But recent » Studies in animals or humans have going into depression, especially when
studies link many more life-altering and demonstrated fetal abnormalities that woman is soon to be responsible
and/or there is positive evidence of
debilitating defects to the usage. for a new life.
human fetal risk based on adverse
reaction data from investigational However, if there is any chance that
or marketing experience. The the drug could harm the baby, these
FEElInGS OF GuIlT
risks involved in use of the drug in women must be advised upfront so they
Often, mothers feel an immense sense pregnant women clearly outweigh
can discuss their medical options with
of guilt when they think that something potential benefits.
their physician after they have the oppor-
they ingested during pregnancy may
tunity to make a decision on their own.
have caused these injuries/defects. This
guilt, while understandable, is misplaced. not properly study and/or disclose the — Tor Hoerman is an attorney with TorHoer-
The guilt should be on those that did risks associated with their products when man Law in Edwardsville, Illinois.
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HEALTH & WELLNESS
TIME FOR FOOTBALL, By Emily Hawk Raley
TIME FOR CONCUSSIONS?
f
or many, fall is synonymous with A CONCUSSION CANNOT BE DIAgNOSED WITHOUT MEDICAL
football. Any level of football, really.
Whether it’s your local high school
TESTINg. IT CAN BE HOURS OR DAyS AFTER THE INjURy BEFORE
team, the college game or the NFL, the SOME ATHLETES ExPERIENCE AND/OR REPORT SyMPTOMS.
players come into the fall ready, having
sweated it out over the summer, prepar- firm that Thomas’ suicide was caused experience and/or report symptoms.
ing for the season to begin. But, as with by CTE, they said that a 21-year-old Some people with a concussion recover
all sports, safety must be a priority. “having developed the disease so early quickly and fully with no additional
With football, in particular, there is raised the possibility that it played a problems. But for others, signs and
great concern regarding head injuries — role in his death, and provided arresting symptoms of concussion can last for
specifically concussion, a traumatic brain new evidence that the brain dam- days, weeks or longer.
injury that can be caused by a bump, age found in NFL veterans can afflict To help keep athletes safe from con-
blow or jolt to the head and can change younger players.” cussion, the CDC provides a free online
the way your brain normally works. According to his parents, Thomas was course to help recognize and respond
Concussions can also occur from a never diagnosed with a concussion or to potential head injuries. This program
blow to the body that causes the head complained of headaches. In light of his — which may be beneficial to coaches,
to move rapidly back and forth. It is family’s reports, several doctors said his parents and others involved — offers a
important to note that even what seems CTE — whose only known cause is re- certificate at course completion as proof
to be a mild bump or blow to the head petitive brain trauma — must have de- of an individual’s readiness to recognize
can be serious. veloped from concussions he dismissed a problem.
Penn football player Owen Thomas is or from the thousands of subconcussive
a prime example. He hanged himself in collisions he withstood in his dozen For more information, visit
April 2010. years of football, most of them while his www.cdc.gov/concussion/HeadsUp/
While Thomas had no history of brain was still developing. youth.html.
depression, doctors examined his brain Something important to note: A con-
tissue and found he was in the early cussion cannot be diagnosed without
— Emily Hawk Raley is an attorney with
stages of Chronic Traumatic Encepha- medical testing. It can be hours or days Cusimano, Keener, Roberts, Knowles & Raley
lopathy (CTE), a degenerative brain after the injury before some athletes in Gadsden, Alabama.
disease found in individuals who have
been subjected to multiple concussions
and other forms of head injuries. From your computer, enter the article From your smartphone,
ID in the search box at scan the tag using TagReader. For
According to the New York Times,
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although the doctors could not con-
THESAFETYREPORT.COM / 19
STARTING AN By Stephanie Andre
EXERCISE ROUTINE?
What’s normal ... and when it’s not safe
Swimsuit season may be over, but that doesn’t mean it’s what signs to look for if you’re overdoing it.
time to give up on getting healthy and maintaining a stable One thing that may help you — both mentally and physical-
weight. If you’re thinking about starting a new exercise ly — is to set small goals for yourself. Don’t expect to be able
program — or just starting up, period — there are a few to run a marathon right away … that’s how you’ll get hurt.
warning signs to keep in mind as you navigate through a Start off by setting a goal, for example, of hitting the gym or
new routine. running three times a week.
Of course, a certain amount of discomfort is bound to be You should also plan to reward yourself for good behav-
felt as you start up. You can expect to have sore muscles and, ior, so to speak. It’s easy to get offtrack. Take it day-by-day,
quite often, you won’t feel that pain until a few days later. always keeping your goals in mind.
However, there are also some warning signs that shouldn’t Another way to prevent injury is to mix up your routine
be ignored: with other exercises. If you run three days a week, consider
»Have pain or pressure in the left or walking on your off days. Maybe incorporate yoga. Doing so
middle part of your chest, or in the left could help you with muscle flexibility, which will also help you
side of your neck, left shoulder or left prevent injury.
arm Whether you’re starting a new program — or starting all
»Feel dizzy or sick together — keep a healthy mindset and try to have fun.
»Break out in a cold sweat
»Have muscle cramps
»Feel sharp pain in your
joints, feet, ankles or bones
»Notice that your heart starts
racing or beating irregularly
Remember, you should
also consult a doctor before
beginning any exercise
program. This is par-
ticularly important if
you’re not
normally
physi-
cally
active.
A doc-
tor can A Non-Profit
advise humanitarian
you on organization for
how to Lawyers worldwide
approach a to provide relief to
new exercise victims of natural
For more inFormation,
routine and tell you please visit our website: disasters and
lawyerstotherescue.org
or email us at
help individual
inFo@lawyerstotherescue.org and families in
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2413 gettag.mobi. they can.
20 / THE SAFETY REPORT / FALL 2011
FDA WARNING: By Mark Kitrick
surgical mesh may not be best route
The Federal Drug Adminstration and may face unnecessary
(FDA) recently issued a warning future surgeries in treating
regarding serious complications those complications. While
associated with transvaginal its manufacturers have
placement of surgical mesh for claimed that transvaginal
pelvic organ prolapse. Here’s mesh is safe and benefi-
what you need to know: cial, recent clinical studies
Who’s affected have proven both of those
Patients who’ve undergone propositions false. In fact,
surgical repair for either pelvic one clinical POP study
organ prolapse (POP) or stress was shut down due to the
urinary incontinence (SUI) have frequency and seriousness
suffered serious complications of transvaginal mesh’s side
from transvaginal mesh. POP effects. The FDA contin-
occurs when pelvic organs bulge ues to investigate surgical
(or prolapse) into the vagina mesh’s possible effects
and is the result of stretched or on SUI patients and is ex-
weakened tissues. SUI involves a pected to convene a panel
leakage of urine during physi- of obstetrics and gynecol-
cal activities like exercising or ogy experts in September.
laughing. Transvaginal mesh is often used in surgical treat- Warning Signs
ment for both POP and SUI, although there are much safer Women who’ve undergone POP treatments using transvagi-
and similarly effective alternatives. nal mesh should be on the lookout for symptoms, includ-
The Product ing mesh erosion through the vagina (also called exposure,
Surgical mesh is a medical device that is normally used to protrusion or extrusion), pain, infection, bleeding, discomfort
repair weakened or damaged tissue. Transvaginal mesh, in during sex, organ perforation, urinary problems and mesh
particular, is used in urogynecologic surgical procedures. It’s contraction.
permanently implanted to reinforce the weakened vaginal The FDA reports that “erosion of mesh through the vagina
wall. This mesh is typically employed in procedures to repair is the most common and consistently reported mesh-related
POP or to support the urethra in treating SUI. Bard, Tyco and complication from transvaginal POP surgeries,” which “can
Mentor market these products. Lawyers are also investigat- require multiple surgeries to repair and can be debilitating for
ing Ethicon, AMS and Boston Scientific to determine whether some women.”
they’ve sold surgical mesh products with insufficient warnings Unfortunately, even numerous surgeries may not fix the
or defective designs. problems associated with mesh erosion. In its most recent re-
port, the FDA discovered a new risk in POP treatments called
The Problem
mesh contraction, also referred to as “shrinkage.” Both mesh
According to the FDA’s warning: “serious complications as-
erosion and contraction can cause serious pelvic discomfort,
sociated with surgical mesh for transvaginal repair of POP
painful sexual intercourse and even the inability to have sex.
are not rare.” The FDA also explained that “it is not clear
Men have also experienced pain and irritation to the penis
that transvaginal POP repair with mesh is more effective than
during sex thanks to mesh erosion.
traditional non-mesh repair in all patients with POP and it may
expose patients to a greater risk.” — Mark Kitrick is an attorney with Kitrick, Lewis & Harris Co. LPA in
As a result, thousands of women are at risk of serious injury Columbus, Ohio.
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O&A
OUT & ABOUT
FO O TB ALL?
ARE YOU READY FOR SOME
By Jon Lewis
Ahh … it’s that time again. Tailgating. The smell of
CHILDREN -
fall. Family and friends gathering before the big game.
Are you going to bring children to the game? If so,
And, having an all around good time.
make plans for what to do if they get lost. If they are
Unfortunately, these good times can quickly sour if
old enough to have a cellphone, make sure both of
you aren’t prepared. This is especially true when you
your phones are charged so you can stay in contact.
and your family are in a sea of 80,000 to 100,000 peo-
If not, make a plan on where to meet in the event you
ple, and even more so when you consider the pregame
are separated. Finally, make sure they know where to
festivities.
go if those two plans fail, i.e., security guard or public
So, what should you do to be properly prepared for
address announcer.
the big game? Here are a few tips to consider:
22 / THE SAFETY REPORT / FALL 2011
Food – Are you tailgating? If you
are cooking, make sure the tempera-
ture is hot enough so that you aren’t
eating raw chicken or meat. Also, prior
to cooking, keep raw meats separated.
If you bring sides with mayonnaise —
or other spreads susceptible to the
heat (or cole slaw, potato salad, etc.)
— make sure you keep them properly
chilled so they don’t spoil. Keep your
hands clean and bring hand sanitizer
with you to ensure that you do not
spread germs and bacteria.
est usher or security guard. Do not get
Weather –
those driving by. Obviously, this is the
Have plenty of involved. Let the authorities handle it;
time you need to pay attention. Don’t
sunscreen for those hot September/ they will be glad to.
text, play with the radio, turn around to
October days. Wear sunglasses. Make
Don’t Be Too
talk with the kids, etc. Keep a constant
sure you drink plenty of fluids ... and not
Overzealous –
lookout so you can make it to and from
of the alcoholic variety. Water is usually Be cautious
the game without incident.
best in these situations. If there is a when expressing your excitement —
threat of thunderstorms or inclement even in what can seem like a safe envi-
Theft – Games with so many
weather, make sure you have the proper ronment. Unfortunately, in extreme situ-
people are the ideal situation for those
gear: ponchos, umbrellas, etc. You may ations, a simple trip to the ballpark or
who are there to take advantage. Keep
want to check with the stadium to make stadium can end tragically, as evidenced
your purse securely on your shoulder and
sure umbrellas are allowed. Check the by the father who fell over a railing and
keep an eye on your belongings. If you
local weather or radar, and take shelter died reaching for a ball thrown into the
turn for a minute, they could be gone.
if it starts getting bad. stands at a Texas Rangers game in July.
Be aware of your surroundings. There
Don’t Enter the
Other Fans – In light of some are certain locations in a stadium that
Playing Field – In college
recent events, make sure you respect can be dangerous. You don’t want to
football, some conferences have instituted
the other fans. Remember, it’s only a be on “SportsCenter” as a result of a
a penalty if a team’s fans enter the play-
game. Not liking the other team is one tragedy.
ing field after a victory. Needless to say,
thing; fighting and cussing is another.
Check the Internet –
nothing good can come from storming the
Respect the fact that there are children
field. This is where injuries can occur. Just
present. Consider them as well and the Most stadiums have a website with in-
sit back and enjoy the victory.
role you are playing. Antagonizing other formation regarding security, telephone
fans — other than in good taste — only numbers, parking, evacuation, medical
These are just some suggestions so that
leads to trouble and, possibly, injuries. information, lost children, inclement
you can have a fun football season in 2011.
weather, power outages, etc.
Report Unruly Behavior –
Whether it’s high school, college or the
Driving –
pros, heeding these tips will help to ensure
Every stadium has rules and you agree Clearly, you need to
you and your loved ones have an enjoy-
to abide by those rules when you pur- be careful driving in and around any
able — yet safe — time at the game.
chase a ticket to the game. If someone sporting arena, stadium, etc. There are
is drinking non-permitted alcohol or thousands of people walking around — Jon Lewis is an attorney with Lewis, Feld-
acting unruly, report them to the near- … and they are not paying attention to man & Lehene in Montgomery, Alabama.
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O&A
OUT & ABOUT
TRICK
By Robyn Madden
-or-
TREAT
O
n a night filled with ghosts, glows in the dark, you can help prevent familiar — or looks as if it has already
goblins and spooky stories, an inattentive driver from not seeing been opened — it is best if they throw
Halloween is undoubtedly one your child in the dark. it away or show it to an adult.
of the most spine-chilling nights of the Your teenager is invited to his/ Plan a meeting spot. Before
year, especially for parents. her first Halloween party. As they embarking on your trick-or-treat route,
Filled with nostalgic memories of excitedly pile into a car with friends, make sure you plan a meeting spot in
their own trick-or-treating adventures, you nervously wave goodbye at the case you get separated. Plan a course
parents look forward to creating new door (see more, page 58). Remind through the neighborhood that is well-
memories with their children on Hallow- your teen that the driving distractions lit and well-populated.
een night. But the Halloween hysteria should be kept to a minimum. Loud Teach fire safety. Many parents
of tampered-with treats, strangers and music and screaming back seat drivers often search for costumes that are guar-
kids gone missing can often over- only add to the hectic atmosphere of anteed to be “fire resistant.” But never
shadow the spirit of the holiday and Halloween night. fear if your search for the perfect fire re-
leave parents with nothing more than Keep a cellphone handy. If you tardant costume leaves you emptyhand-
Halloween heebie-jeebies. are not able to accompany your child to ed. Teaching children that luminaries
So how do you keep your children the Halloween festivities, have your little are off limits and lit jack-o-lanterns are
safe and still have fun? Cinderella or Batman carry a cellphone only for looking — not touching — can
Don’t scare your children silly. with them. This also gives slightly older prevent almost all fire-related accidents
Instead, calmly review familiar rules that children more freedom and flexibility on on Halloween.
you follow all year-around. Don’t talk Halloween night. Have fun! Halloween is the one
to strangers (see more, page 30), look Watch for vandals. The pumpkin day out of the year when kids can be
both ways before crossing the street you worked so hard to carve might whoever they want and eat enormous
and always use the buddy system. Ev- end up smashed to pieces and the new amounts of teeth-rotting candy. By fol-
eryday rules still apply. car in your driveway may not escape a lowing these tips, Halloween can revert
Watch for cars. The commonly few eggs. The most important way to back to one night a year of uncompli-
used “hold hands while you cross the prevent being a victim of vandalism is to cated fun.
street” is not always enough to prevent be present.
a tragic accident. By creatively outfitting Candy fears. Remind your kids that — Robyn Madden is an attorney with Strom
your child’s costume with an item that if they see packaging that looks un- Law Firm in Columbia, South Carolina.
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24 / THE SAFETY REPORT / FALL 2011
readily float through the air, so just with recreational drug use.
because there were no mushrooms at a ACONITUM — This plant has many
particular location following the last rain common names, including Wolfsbane
does not guarantee that the area will be and Devil’s Helmet. In 2002, a man
mushroom free following the next rainfall. died from an accidental poisoning after
OLEANDER — In 2002, there were ingesting the plant — perhaps mistaking
847 known human poisonings from it for spinach — while on a camping trip.
Oleander in the United States. This is
an extremely dangerous plant
— Pete Burns is an attorney with Burns, Cun-
because of its toxicity and
ningham & Mackey, PC in Mobile, Alabama.
popularity as a durable and at-
tractive landscaping plant.
DEADLY NIGHTSHADE —
This plant is found in shady,
moist locations in North
America. Young plants
Just A
and seeds are espe-
cially poisonous.
POISON HEMLOCK —
BITE
People have died from
eating as few as eight
leaves.
WATER HEMLOCK
— According to the
In the Event of
USDA, water hemlock
or poison parsnip is, “the
EXPOSURE
most violently toxic plant in If you or someone you know has
HOW ONE PIECE OF PLANT North America.” This plant is been exposed to a poisonous
COULD SPELL DEATH mistaken for wild ginseng. plant, call the Poison Control Cen-
CASTOR BEANS — Castor beans ter at 800.222.1222 immediately.
By Pete Burns are used in the Caribbean to make If you do not have access to a
Did you know that more than 700 jewelry, which has resulted in the poi- telephone, do the following:
species of plants cause toxic reactions soning of children who have sucked on
in humans? While many plants are not or eaten the beans. A single bean can » Collect a sample of the plant and
fatal, you don’t want to take that risk. It be fatal and there is no antidote. Many take it with you to the nearest medi-
takes only seconds for a small child to gardens in California have one or more cal facility.
take a bite of what may look like a per- of these beautiful killers. » While in route, rinse or wipe out
fectly ripe piece of fruit, but, in reality, DIEFFENBACHIA — This beautiful the person’s mouth, but do not at-
could be deadly. houseplant is one of the plants that tempt to make the person vomit.
Here, read more about dangerous most often injures young children. All » If the toxin got in the person’s
plants and why to avoid them: parts are poisonous. eye, flush the eye while holding the
MUSHROOMS — There are different YEW BUSHES — These popular, eyelids open.
types of wild mushrooms — some are urban bushes are hardy and evergreen. » If the contact was with the skin,
poisonous, some are not. If you have Children have died from eating the fruit remove contaminated clothing and
small children, be aware of areas where of this bush. There is no antidote. wash the area with clean water.
mushrooms may appear following rain ANGEL’S TRUMPET — This is a
and remove the mushrooms before beautiful, ornamental plant, but all parts In all cases, get medical help with-
small children do. are poisonous. Because it is a strong out delay.
Keep in mind that mushroom spores hallucinogen, it is frequently associated
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Who Protects Consumers Across The U.S.?
The Civil Justice Foundation is a national
charitable organization dedicated to
safeguarding justice for all Americans by
strengthening the alliance between trial
attorneys and consumer advocacy groups.
It is the only national foundation devoted solely
to protecting the individual rights, health and
well-being of the injured — providing small but
significant grants to the tireless organizations
fighting for injury prevention and
justice preservation
across the country.
How Do We Do It?
The Civil Justice Foundation is
proud to award grants to
grassroots organizations that
are at the forefront of the
consumer advocacy
movement — particularly to
groups that have difficulty securing
traditional funding because they are
newly organized and/or address a
controversial issue.
To date, the Foundation has awarded
more than $1.4 million to more than 110
of these groups.
For more information, please visit www.civiljusticefoundation.org.
26 / THE SAFETY REPORT / FALL 2011
SURVIVING A FALL INTO COLD WATER By Mario Vittone
I
couldn’t feel my hands anymore Giesbrecht, Ph.D., “but only if you have how strong a swimmer you are — you
and using them was impossible. a life jacket on, because there is no way will drown long before you ever become
The shivering was uncontrol- you can keep your head above water clinically hypothermic. The longer you
lable and violent. “That’s a good that long without one.” stay in, the weaker you become. So after
sign,” I thought. Giesbrecht, a thermo-physiologist that first minute of just staying calm, you
I remembered from my studies and one of the world’s leading authori- have about 10 minutes to try and self
of hypothermia that shivering stops be- ties on environmental injuries, was talk- rescue. If you haven’t gotten out of the
fore you lose consciousness. “If I’m still ing about the 1–10–1 principle of cold water by then, you’re not going to.
shivering then I’ll live for a while longer,” water immersion — three numbers that
I reasoned. But mostly I was wondering will help you remember how to survive PHASE 3: Hypothermia (core body
how I got myself into that mess. the three phases of an unexpected dip temperature of 95° or less) takes a sur-
The National Water Safety Congress, into cold water: prisingly long time to happen. The point
which got eight of us to volunteer for here is not to panic. Depending on
this crazy — federally funded — ex- PHASE 1: The cold shock response variables like air and water temperature,
periment in suffering, recruited by (falling into cold water under 59° F) is no matter how uncomfortable you are
design. It was easy to agree to jump an assault on the body’s senses. Char- (and trust me, you will be) you will have
into freezing cold water when it’s sunny acterized by uncontrollable gasping an hour (1) or more before you lose
and warm out. and disorientation, the first moments consciousness from hypothermia.
The organization’s public service can be the most dangerous. So for that
DVD, “Cold Water Boot Camp, USA,” first minute (1), do nothing but keep The hope is that you are never in
was designed to dispel two dangerous your head above water, try and stay this situation. But if it is arises, do you
myths about cold water: that a person’s calm, and control your breathing. The best to stay calm and follow the 1-10-1
swimming ability makes a real difference gasping will stop and then you’ll be principle. It’s your best shot for survival.
in their need for a life jacket and the able to work on getting yourself safely
other is that hypothermia kills quickly. out of the water. — Mario Vittone is an expert in water safety
Neither is true. and a marine safety specialist with the U.S.
“When immersed in cold water, you PHASE 2: Swim failure (loss of muscle Coast Guard. Learn more about Vittone at
www.mariovittone.com. The views and opin-
have at least one hour before you’ll control) happens to everyone who stays ions expressed by the author are not neces-
become unconscious due to hypo- in cold water long enough. If you’re not sarily those of the Department of Homeland
thermia,” said our instructor, Gordon wearing a life jacket — regardless of Security or the U.S. Coast Guard.
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O&A
OUT & ABOUT
BOUNCE HOUSE BLITZ
HOW TO AVOID INJURY
By Brian D. Nettles
In recent years, bounce Given the lack of profes-
houses — those giant sional supervision, here are 10
inflatable enclosures — and tips from My Parent Time to
inflatable slides have grown ensure a fun, yet safe, bounc-
leaps and bounds in popu- ing experience:
larity. And because of the Hire a rental company that
amount of padding these is insured. This demonstrates a
huge toys provide, parents commitment to safety.
have expressed little con- Watch your kids closely
cern for the safety of their when they play in or around
children. an inflatable.
However, following the Make sure the unit is
basic safety rules — such as staked down or heavily
occupancy and weight limits weighted down with ground
— that come along with a weights or sandbags.
bounce house is key. Not When the unit is inflated,
doing so can significantly make sure there are no visible
raise the risk of incident rips or holes.
and/or injury. Make sure the unit is fully
For example, a women inflated and not sagging.
and 12 others were recently The operator must
injured when the wind lifted cover all operating and safety
an inflatable slide and took procedures verbally — and
its participants with it. From should leave printed instruc-
coast to coast, at least 10 tions as well.
inflatables have blown away or collapsed under too much Do not exceed the maximum capacity/occupancy at any
weight in the past few months, injuring more than 40 people, time.
according to RideAccidents.com. Make sure to put your child in with other children his/her size.
Injuries can also occur from bouncing out of the house onto Remove any children who seem tired. A sitting child risks
the ground or by colliding with a person or object inside the getting jumped or landed on.
structure. A Consumer Product Safety Commission report Turn the unit off during inclement weather or high winds.
released in 2005 linked the growing popularity of inflatables
with an increasing number of injuries at emergency rooms from Additionally, check the temperature inside the bounce
1997 to 2004. The agency identified an estimated 1,300 inju- house. An enclosed inflatable will get very hot very quickly.
ries in 1997 and 4,900 in 2004, the most recent data available. Children should always be supervised around a bounce
Most large, inflatable “toy” accidents are caused by house/inflatable. Most accidents can be avoided with careful
improper anchoring, high winds and lack of supervision. It preparation and planning.
is estimated that there are 10,000 operators or renters of
inflatables nationwide. However, industry experts claim super- — Brian D. Nettles is an attorney with Nettles Law Firm in
vision of these operators would be too expensive to manage. Henderson, Nevada.
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28 / THE SAFETY REPORT / FALL 2011
12 Gift-Giving Tips
FOR THE CYCLIST IN YOUR LIFE
By Doug Landau
There are many cyclists on the roads these days who lack basic made to sell in the United States must meet the U.S. Consumer
safety equipment. If you or a family member bikes to work, Product Safety Commission (CPSC) standards.
rides with a group or pedals for pleasure, consider a cycling There should be a CPSC or other sticker inside the helmet
gift that may protect them from unnecessary loss and injury. that tells you what standard is used. The ASTM standard is
Here are some suggestions: comparable. The Snell B-95 and N-94 standards are tougher
but infrequently used. If you do not see one or more of these
HELMET — stickers, you probably should not buy the helmet. Also, make
This would seem obvi- sure the helmet is a good fit and properly secured, as even the
ous, but not all helmets best helmets will offer little protection in a crash if not sitting
are created equal. Bicycle on the rider’s head correctly.
helmets are required to What’s more, all helmets that have been in a crash — or that
meet minimum safety are cracked — should be inspected at a bike shop and likely
standards. Helmets replaced.
O&A
OUT & ABOUT
Personal, medical mirrors —
and emergency Cars have rear-view and side mirrors, so
identification — why not bicycles? Rear-view mirrors for bicyclist on bike trails. Calling out “on
Having identification, medical informa- helmets or handlebars would increase your left” often results in their stepping
tion and emergency contact information safety as the rider can be looking forward directly into the cyclists’ paths.
on your person whenever you are out cy- and still see what is coming from behind.
cling is vital. There are several products nightlights —
on the market, including a Road ID wrist- PocKet mUlti-tool — If the cyclist in your life rides at night or
band. You can put telephone numbers, There are many brands of bike “multi- in low-light conditions, front and rear
names and a few lines about special tools” — the Swiss Army knives of the lights are essential. Most front headlights
medical conditions or medications. bicycle world. A good, pocket-sized tool provide light to see the road before you.
Another product to consider is the will have an allen (“L”) wrench for tighten- However, the main function of the front
Minerva Health Manager. As USA ing loose parts, tire changing and other headlight is to make sure the cyclist is
Triathlon’s official personal health record important devices. They are relatively seen. It will illuminate road hazards di-
manager, Minerva Health Manager inexpensive and can be as simple or as rectly in front of you and reflective street
provides athletes with easy-to- all-encompassing as the rider in your signs. There are handle bar and helmet-
use software that allows life would like. mounted lights. Each type can be used
them to enter their on and off the bicycle.
personal health gloves —
records on their On hot days, a good Under-seat bag —
computer and set of gloves can Under-seat bags for tools, first-aid and
also store them keep a rider’s hands personal belongings are great for long-
on a lightweight on the handlebars. distance cycling and touring, as you can
USA Triathlon On cold days, good pack a lot of gear out of the way under
wristband flash drive bike gloves can keep the saddle. A cyclist does not need a
that can be worn during fingers gripping on the lot of room for many tools or a big bag
training and racing. brakes. And, when a bicyclist is thrown to carry a bicycle toolkit. A small under-
from the saddle, the hands automatically the-seat bag will do the trick most of the
PocKet first-aid Kit — go out to break the fall. time. And, the smaller and lighter the kit
Items such as Band Aids, tape, anti-bac- or bag, the better.
terial creme, alcohol wipes and gauze reflective leg &
come in very handy while on the road. arm bands — high-visibility
They are inexpensive and used more Most racing bikes do not have reflectors clothing —
often than you would think. and many cyclists take the reflectors off When it comes to the best all-around
their pedals and wheels, feeling that they accessories for bicycling safety, there are
eye Protection — are “dead weight.” However, there are high-visibility (reflective) vests, jerseys,
Have you ever been hit by a bumble bee reflective bands with Velcro or that snap in outerwear, leggings and gloves. Highly
in the eye at 30 miles per hour? It hurts! place that can hold a rider’s pants out of visible yellow and green materials can be
Good shatter-resistant sunglasses for their gears while still giving oncoming cars seen for hundreds of feet in bright- and
sunny days — and clear lens for overcast and trucks warning in low-light conditions. low-light situations. This gift can max
rides — can increase biker safety. When These can be used at the wrists and arms out on the “cool factor” and prices and
dirt, debris or bugs get in a rider’s eyes, and come in a variety of styles and colors. styles run the gamut.
visibility and safety are both reduced. At a bare minimum, every bicycle ridden
Plus, on bright, sunny days, if you cannot after dark should have a headlight, a tail With these 12 suggestions, hopefully
see, then pedestrians, other cyclists and light and rear reflector that is not obscured you can find a gift that promotes safety
runners sharing the road can also be in by bags or clothing. for your biker buddies and cycling fam-
danger. Cyclists with prescriptions can ily members.
even get prescription sunglasses, and bell or horn —
quality eye protection can prevent pain- Bells and other noise makers are — Doug Landau is an attorney with Abrams
ful ocular injury. excellent for alerting people and other Landau Ltd. in Herndon, Virginia.
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By Stephanie Andre
STRANGER DANGER
T hey’re everywhere — in the grocery
store, at the park, outside your home.
They are strangers.
• Point out safe places. Show your children
safe places to play, safe roads and paths
to take, and safe places to go if there’s
Most children generally know not to trouble.
“talk to strangers;” however, there are a • Teach children to trust their instincts.
few more rules to know to help keep them Explain that if they ever feel scared or
stay safe and avoid dangerous situations, uncomfortable, they should get away as
according to the National Crime Prevention fast as they can and tell another adult what
Council (NCPC): happened.
• Know where your children are at all • Teach your children to be assertive.
times. Make it a rule that your children Make sure they know that it’s OK to say no
must ask permission or check in with you to an adult and to run away from adults in
before going anywhere. Give your children dangerous situations.
your work and cellphone numbers so they • Use the buddy system. Children should
can reach you at all times. avoid walking anywhere alone.
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ATV’s & Kids: A Dangerous Mix
From 1982-2008 nearly ONE-THIRD of the 9,633
All Terrain Vehicle (ATV) related deaths were children under 16.
Over one hundred children are seriously injured EVERYDAY and approximately
one dies EVERY OTHER day from an ATV related crash.
Injuries to children from ATV accidents cost society OVER
2 BILLION DOLLARS annually in medical and economic costs.
PLEASE KEEP YOUR CHILD SAFE.
Don’t allow children under the age of 16 to ride ATV’s
Concerned Families for ATV Safety Visit www.ATVsafetynet.org for more information.
O&A
OUT & ABOUT
An Improved Flying Experience?
By Jerry Trachtman
If you’ve ever flown, you know the operating at U.S. airports and estab- advertised ticket price.
drill: take your shoes off; put your lish a four-hour tarmac delay time limit » OVERSOLD FLIGHTS: The new regula-
laptop in the bin. And while passen- for all international flights of U.S. and tions increase the monetary compensa-
gers understand this is ultimately for foreign airlines. Food, water, bathrooms tion to passengers who are involuntarily
everyone’s protection, what they don’t and medical attention must be provided bumped from an oversold flight. What’s
agree with are some of the other, more to passengers stuck on the tarmac after more, if the airline verbally offers a
deceiving practices. two hours. travel voucher, it must also verbally offer
Well, it seems like the Department of » LOST BAGGAGE: If baggage is lost, the monetary compensation by cash or
Transportation (DOT) finally agrees, put- airlines will now be required to refund a check.
ting into effect new regulations with the any fee that was charged for the bag. » FLIGHT INFORMATION: Airlines
stated purpose of improving the air travel Airlines are already required to com- are now required to notify consumers
environment for consumers. This is the pensate passengers for loss, damage or through whatever means available — in-
second step of an ongoing effort to im- delay in the carriage of baggage. cluding flight status notification subscrip-
prove consumers’ air travel experiences. » FEES: Airlines will have to prominently tion service, boarding area, the airline’s
In December 2009, DOT made its disclose all potential fees on their websites, telephone reservation system and on its
first change, requiring domestic airlines including but not limited to baggage fees, website — of delays of 30 minutes or
to provide basic rights — food, water, meals, canceling or changing tickets, and more and of cancellations and diversions
bathrooms and medical attention — to advanced or upgraded seating. within 30 minutes of the airline becom-
passengers whenever lengthy tarmac » FREE BAGGAGE ALLOWANCE: They ing aware of a change in flight status.
delays are encountered and outlawing will be required to include on e-ticket
delays of more than three hours. This confirmations information about the air- Above all else, remember to be an edu-
decision has resulted in the near elimi- line’s free baggage allowance and fees cated consumer. Even if the airlines fail
nation of this practice. for checked bags and carry-ons. to make a voluntary disclosure, nothing
With its second rules change now in » ADVERTISED PRICING: Airlines will keeps you from asking for the information
effect, here’s a breakdown: have to include all government taxes before you book your next flight.
» TARMAC DELAYS: The new regula- and fees in every advertised price. Until
— Jerry Trachtman is an attorney with Law
tions apply the existing ban on lengthy now, government taxes and fees have Offices of Jerry H. Trachtman PA in Mel-
tarmac delays to cover foreign airlines not been required to be included in the bourne, Florida.
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CF
COVER FOCUS
B ULLYI NG
the makings of an epidemic
By Stephanie Andre
Nerd. Fat. Weird. Loser. Dork. Ugly. Freak. ... The list goes on and on. These are de-
rogatory labels teens regularly use to belittle and intimidate others.
This is bullying.
Bullying is nothing new. However, in recent years, it’s taken on heightened levels of
attention. And the stats confirm this trend: reported incidents of bullying have risen.
“Bullying has caught more attention since the rash of suicides in recent years,”
explains Ross Ellis, founder and CEO of LoveOurChildrenUSA.com and STOMP Out
Bullying. “There’s a lot of drama. Bullies are creating it and victims are accepting it.”
Ellis cites the 24/7 newscycle as a chief culprit: “When you see this type of behavior
THESAFETYREPORT.COM / 33
What’s a
BULLY?
BULLYING CAN TAKE ON MANY FORMS:
» VERBAL: name-calling, teasing
» SOCIAL: spreading rumors, leaving
people out on purpose, breaking up
friendships
» PHYSICAL: hitting, punching, shoving
» CYBERBULLYING: using the Internet,
cellphones or other digital technologies
to harm others
Source: stopbullying.gov
getting attention, it becomes contagious While no parent can protect their A New Foe — Cyberbullying
behavior,” she says. “When you have children forever, it is their responsibility In addition to dealing with face-to-face
one kid who commits suicide, it almost to educate their kids and arm them with bullies, there is now a potentially bigger
becomes a copycat thing. These teens the right tools and knowledge should a problem: cyberbullies.
believe it’s an easy way to get rid of the bullying situation arise. In an age of Facebook, Twitter, texting
pain they suffer from bullying everyday.” “It’s so important to educate your kids, and more, any child who has access to a
even role play with them,” says Ellis. computer or cellphone can be subjected
Starting Young ... and At Home “This is a really good option especially if to this new version of intimidation and
Many experts agree that bullying starts they are timid or shy because if they get harassment.
when children are as young as 2 or 3 bullied, they’re not going to know how The term “cyberbullying” refers to the
years old. to deal with it … and that’s exactly what use of cellphones, text messages, emails,
“Watch a 3-year-old. How many of a bully wants.” instant messaging, chats, blogs and
these toddlers push each other down?” Conversely, it’s also vital to explain social networking sites to bully another
says Ellis. “If we, as parents, do not teach why being a bullying is not the answer, student, according to No Bully.
our children — even at this age — that either. “As parents, we have to teach Examples of cyberbullying include:
this is wrong, then it becomes bullying.” our kids that friendships can go wrong, Sending threatening or insulting texts
Nicholas Carlisle, a child therapist that revenge is not the answer and that Posting untrue information or personal
and executive director of San Francisco- there are other ways to deal with prob- pictures about another student on social
based No Bully, agrees. He believes this lems,” says Carlisle. networking sites, such as Facebook or
behavior is already established by the They also have to learn how to deal Twitter
time children start school. with problems within a group setting, Using another student’s email or IM
“We need to develop the attitudes of he says. “If a child is feeling pressured name to send messages that make the
kids, teachers and the administrators,” to pick on someone, it’s so important to student look bad
he says. “When kids arrive in school, they help them understand why they need to Creating a webpage devoted to put-
need to know how to relate to other stand up for others instead of breaking ting down another student
children and people, overall.” them down.” Forwarding a text or email that was
Adds Ellis: “The first three years Communication is so important, says meant for your eyes only
mean everything. These parents think, Ellis. “Talking about school, bullying, According to a 2007 survey, released
‘eventually he’ll learn.’ That’s not neces- friends is vital,” she says. “Having that by the Pew Research Foundation’s
sarily the case. I’ve seen parents at the ongoing communication will keep par- Internet Project, one in three teenag-
playground. They let their children act ents in tune with what’s going on in their ers who use the Internet say they have
aggressively; that sets the tone for the children’s lives.” been targets of a range of annoying and
future.” potentially menacing online activities.
CF
COVER FOCUS
Children listen
to what their
parents say
and how they
act. If a parent
gets loud and
angry in a
conversation,
kids see that GOT A BLUE SHIRT?
and bring Wear it Oct. 5
that behavior » Did you know that Oct. 4-10 is National Bullying Prevention Week? What better
to their own way to help increase awareness than to show your support of this cause by wear-
ing a blue shirt on Oct. 5 as part of STOMP Out Bullying’s Annual World Day of
environments.
Bullying Prevention.
» The entire week is observed by schools and organizations across the country to
— Ross Ellis, STOMP Out Bullying encourage communities to work together to increase awareness of the preva-
lence and impact of bullying on children of all ages.
Parents just don’t get how prevalent has an age requirement of 13 or they just mitted suicide after she “sexted” her
cyberbullying has become, says Ellis. don’t think the requirement is a big deal. boyfriend and it went viral, Ellis says.
“Parents think it’s OK for kids to have Most often, these children are posting According to Ellis and Carlisle, if we
cellphones, be on Facebook, browse the actual photos of themselves, their contact don’t start addressing the problem,
Web — all without any monitoring or information and offering way too many cyberbullying has the potential to be-
boundaries,” she says. “What they don’t details about their personal lives. This come more harmful than physical abuse.
realize is that their kids are way more often-seen situation, in turn, lures cyber-
tech and Internet savvy than they are … predators and bullies — all looking to take The Parent-School
and that’s a huge problem.” advantage and cause harm, Ellis explains. Relationship
In fact, many parents of preteens have And, it’s getting worse. “We are now Understandably, the parents of children
even set up Facebook accounts for their seeing cyberbullying situations escalate,” who are bullied are angry — especially
children — either because they don’t says Ellis. if the incidents are happening at school.
know that the social networking giant In fact, a teenage girl recently com- However, there is a right way to talk with
THESAFETYREPORT.COM / 35
the school, says Ellis.
“Everybody wants to react,” she says.
“They want to go into that school and
demand that the bully be expelled, but CHARITY CORNER:
that’s just not the reality. If you go into
a school angry, you’re not going to get
About the Organizations
anywhere.”
Get your information together, says El- STOMP OUT BULLYING
lis. “Document everything. Have your in-
formation ready — then call the principal » STOMP Out Bullying — a national anti-bullying and cyberbullying pro-
and schedule a face-to-face meeting,” gram for kids and teens — is a signature program of Love Our Children
she says. “Get a copy of the school’s USA, which, since 1999, has been a national nonprofit leader and ‘go-to’
anti-bullying policy before you meet. Tell prevention organization fighting all forms of violence and neglect against
your story and ask how you can work children in the United States.
together to help your child. You will get In 2005, Love Our Children USA recognized a critical need to address
much further this way.“ the issue of bullying and cyberbullying and created STOMP Out Bullying.
STOMP Out Bullying focuses on reducing and preventing bullying, cy-
But What About the School’s Role? berbullying, sexting and other digital abuse, educating against homopho-
Both Ellis and Carlisle agree — schools bia, racism and hatred, decreasing school absenteeism, and deterring
need to get involved in all forms of violence in schools, online and in communities across the country.
bullying. It teaches effective solutions on how to respond to all forms of bullying;
as well as educating kids and teens in school and online, providing help
“Every child should feel safe at school
for those in need and at risk of suicide, raising awareness, peer mentoring
and that’s just not the case,” says Carl-
programs in schools, public service announcements by noted celebrities
isle, whose organization works directly
and social media campaigns. An additional focus educates parents on how
with school administrators, counselors
to keep their children safe and responsible online.
and teachers on following best practices
to combat and respond to bullying.
For more information, please visit www.stompoutbullying.org.
“Schools just don’t know how to
handle bullying,” says Ellis. For starters,
one of the biggest misconceptions, she NO BULLY
says, is that holding a school assembly
will help educate students on bullying. In » No Bully is a San Francisco-based nonprofit that was founded free of any
actuality, it’s simply a waste of time, she special interest and advocate for the ending of bullying and harassment of
says. every student, whatever the cause. Its vision is to restore school as a place
“Students will not take anything away where students integrate the pursuit of their individual potential with kind-
from a speaker who comes in to talk ness and compassion for all.
about bullying,” says Ellis. “They’re more No Bully focuses on bringing anti-bullying initiatives into schools at all
focused on the fact that they’ve been grade levels. The organization’s goal is to create an environment in which
able to get out of the classroom for an there is significant reductions in in bullying, harassment and violence;
hour.” improved student attendance and retention; less administrative time spent
It starts with the adults in any school, in dealing with bullying and a greater reputation for the school.
says Carlisle. “We have found that the As schools work with No Bully, they create a school culture in which stu-
most effective way to rid a school of bul- dents deepen their social and emotional intelligence and can at last relate
lying is to educate the educators.” to each other with respect, acceptance and the values for which your school
But it takes time and dedication, he stands.
The rewards that schools typically experience from social and emotional
says. “With the schools that are more
learning are significant reductions in student bullying, increased student
enthusiastic, it still takes one or two years
inclusiveness and respect, and 11-17 percent improvement in student
to become bully-free environments,”
academic performance.
says Carlisle. “These schools are invest-
ing in long-term cultural changes … and
For more information, please visit www.nobully.com.
it’s working.”
In fact, according to Carlisle, the
rewards that schools typically experience
CF
COVER FOCUS
Every child How to Tell If...
YOUR CHILD IS THE BULLY
should No one wants to find out that their own child is a bully, but the fact of the
feel safe matter is that they are out there. Here are some signs to look for:
» Impulsive, hot-headed, domineering
at school » Easily frustrated
» Lacks empathy
and that’s
» Has difficulty following rules
» Views violence in a positive way
» Comes home with possessions or money that does not belong to him/her
just not the
» Switching computer screens or closing programs when you, or others,
are nearby.
» Laughing excessively while using the computer or cellphone.
case. » Using multiple online accounts or an account that is not his/her own.
Excessive use of a computer and/or cellphone.
» Agitation if access to a computer or cellphone is restricted or denied.
— Nicholas Carlisle, No Bully
— Mark Bello is owner and founder of Lawsuit Financial Corporation in Southfield, Michigan.
THESAFETYREPORT.COM / 37
How to Tell If...
YOUR CHILD IS
BEING BULLIED
Unless your child tells you about being
bullied — or has visible bruises or inju-
ries — it may be difficult to tell. Watch
for these warning signs:
» Effort to avoid going to school
» Repeated loss of possessions
or money
» Loss of self-esteem
» Depressed and withdrawn
» Anxious
» Loss of appetite
» Difficulty sleeping
» Grades start to fall
» Unexplained bruises and other
physical injuries
— Mark Bello is owner and founder of Lawsuit
Financial Corporation in Southfield, Michigan.
from social and emotional learning are something most people want to ad- versation, kids see that and bring that
significant reductions in student bully- dress, says Carlisle. behavior to their own environments.”
ing, increased student inclusiveness and “These bullies need to understand
respect, and 11-17 percent improvement why what they’re doing is wrong; they Future Progress
in student academic performance. need help,” explains Ellis. “No one Without education and dedication, bul-
There are also some simple solutions wants them to grow up to be criminals, lying will not only continue to plague our
that may help students who think they but that’s certainly the direction in children but it will get worse. It simply
are helpless. “I have seen schools imple- which they’re headed.” should not be considered acceptable
ment anonymous bullying books,” says It’s important for parents to hear behavior.
Ellis, “or have a bullying box in which a and understand what his/her child is Parents must take a more active role
child can write on a piece of paper, ‘I’m doing instead of jumping to their initial in their children’s lives — both on- and
being bullied’. These things can work.” instinct — denial. offline — and schools must stand up to
Parents have to look to themselves and bullying and implement programs to
When Your Child Is the Bully question what is happening in the home. combat the problem. If they do not, we
Bullying doesn’t start and end with the “Children listen to what their parents could reach epidemic levels before we
victim. The student doing the bully- say and how they act,” explains Ellis. “If know it.
ing needs help as well, and that’s not a parent gets loud and angry in a con-
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COVER FOCUS
High school hazing — pervading new study has found. Researchers have showers and held down and sexually as-
groups from athletic teams to the discovered that 47 percent of college saulted by upperclassmen on the team.
yearbook staff and debate team — is as students reported having been hazed A similar incident victimized the son
widespread as ever despite efforts over while still in high school. The study of an assistant coach of the wrestling
the last two decades to eradicate the found hazing included activities from team in a Nevada high school. The
Hazing
Nevada students admitted that during a
tournament trip, they taped the victim’s
By Linda J. Chalat eyes, mouth and arms, pulled off his
pants, taped him to a coffee table and
spanked him with a spatula before
locking him outside the hotel room.
Then, when he was let back in, he was
spanked again and urinated on in the
When the Whole Team Bullies
practice. Just like college students, high silly stunts to drinking games, with 8 shower.
school students are susceptible to peer percent of the students drinking to the More common, and much more
pressure and intimidation within group point of sickness or passing out. troubling, is the conduct of football
activities, engaging in conduct normally Earlier this year, a high school wres- team members involved in a hazing
thought unacceptable. Often, parents tling team in Monroe, Michigan was incident at a New Mexico high school
are shocked when the truth is revealed. investigated by local law enforcement last season. Three team members were
Hazing particularly plagues high when parents reported that some of charged with criminal sexual penetra-
school athletics throughout the coun- the youngest members of the wres- tion in the second degree, criminal
try, while also growing more brutal, a tling team had been urinated on in the sexual contact of a minor in the second
THESAFETYREPORT.COM / 39
degree, two counts of conspiracy to A pivotal study on student hazing,
commit criminal sexual penetration in “The Alfred University Hazing Study”
the second degree and one count of
contributing to the delinquency of a
(1999), defines hazing as “any activity
expected of someone joining a group
Is Someone
minor. that humiliates, degrades, abuses or You Know
But, according to incident reports,
two possible victims of sexual hazing
endangers, regardless of the person’s
willingness to participate.”
Being Hazed?
“revealed that they did not feel that
they were victims of abuse, battery or
Most high school students do not
perceive even the most dangerous
WHAT TO
sexual assault.” initiation activities as hazing. Only 15
percent of
LOOK FOR…
the stu-
The specific behaviors or activities dents who
answered
• Cutting, branding, labeling or shaving
parts of the body
[of hazing] may vary widely among a recent • Required carrying of certain items
participants, groups and settings, survey said • Loss of voice due to having to yell
• Required attendance at late-night work
they thought
but all have a common intent. they were sessions, resulting in sleep deprivation
hazed in • Not coming home for days or weeks at
high school, a time
• Not being able to sit down or soreness
The victims each described being but twice as many reported abusing
from paddling
grabbed, held, groped and punched, substances or committing dangerous
• Appearance of mental exhaustion or
but “they advised that the incidents oc- acts as part of their initiation.
withdrawal from normal lifestyle;
curred in the locker room after practice Even though high school students’
change in personality
and described the actions as being self-report of hazing is substantially low-
• Appearance of sadness or expressions
more ‘joking around’ than being a vic- er than the actual behaviors reported, a
of inferiority
tim of a crime.” Younger team members total of 29 percent said they had been
• Withdrawal from normal activities
proved to be very reluctant witnesses. hazed, witnessed hazing and/or left a or friends
This attitude demonstrates both a group because of hazing. • Being dropped off and made to find the
desensitizing to unacceptable physical When one considers that 67 percent way back
molestation and the growing sexual of high school students are involved • Photos of hazing activities are
nature of many hazing activities. in athletics, and 35 percent of those commonly found on a public Web space
There is a wide spectrum of behavior surveyed reported being subjected to
that is correctly characterized as hazing. some form of hazing, then approximate-
But any activity that produces mental or ly 800,000 high school athletes per year
physical discomfort, embarrassment, ha- are being subjected to hazing. to the practice of hazing, suffering the
rassment or ridicule is hazing. Any initia- Hazing is different from conventional immediate humiliation and physical pain
tion practice that is physically abusive, bullying. Bullies do not want the victim and often long-term consequences of
hazardous and/or sexually violating, to be part of their group, and their goal the abuse. Students must be convinced
involving domination of group members is to humiliate, ostracize and degrade that hazing harms others, weakens
by other group members should be the victim, promoting feelings of rather than builds a team and should
considered hazing. The specific behav- superiority. But hazing involves a group never be tolerated.
iors or activities within these categories dynamic and coercion.
may vary widely among participants, Hazing continues to be a widespread
groups and settings, but all have a com- problem in high school. These students — Linda Chalat is an attorney with Chalat,
mon intent. pay a high price for being subjected Hatten & Koupel PC in Denver, Colorado.
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h&F
home & Family
Domestic
Violence
awareness
Be Part of the Solution
By Wendi Lewis
D
id you know that in one, 24-hour Physical abuse cluding matters of divorce, child custody,
period, the National Network to What people most often think of when bankruptcy, landlord/tenant disputes and
End Domestic Violence (NNEDV) they think of domestic violence. restraining orders.
domestic violence victim advocates “There are so many sidebar issues
sexual abuse
reported nearly 71,000 requests for that an offender uses to keep a victim
The least discussed, but equally traumatic.
assistance for adults and children who down, and the offender knows that and
were victims of abuse. emotional abuse uses it,” says Steve Searcy, executive
Those numbers are directly from a The victim is made to feel worthless and director of the One Place Family Justice
one-day NNEDV survey (conducted hopeless. Center in Montgomery, Alabama. “The
Sept. 15, 2010) of domestic violence Financial abuse offender uses this to tie the victim into
shelters and service agencies, tracking The offender cuts off access to resources an abusive relationship. They tell the
that day’s activities. that could help the victim leave the victim they won’t be able to afford an
Additionally, NNEDV census informa- abusive situation. attorney to get a divorce or they will lose
tion reveals volunteers answered more The key for any offender is to isolate their children if they leave. Many times,
than 20,000 emergency hotline calls for the victim, so that he or she retains the victim keeps waiting, thinking maybe
help, three women were murdered by control over the situation, making it they can save up enough money to see
their significant others, 36 babies were extremely difficult for a victim to break an attorney, and sometimes they wait
born to mothers living in domestic vio- away. too long.”
lence shelters and three men committed The largest percentage of people A victim may need to meet with as
suicide in domestic violence situations looking for help requested emergency many as 10 agencies on their journey to
— one after murdering his wife, another shelter (75 percent), followed by the get the services they need. Traditionally,
after attempting to kill his girlfriend need for children’s support or advocacy a victim may go to the police depart-
and the third after holding his partner (56 percent). The third most requested ment, the emergency room, a counseling
hostage. need was for legal assistance, with 54 center, a lawyer’s office, a social service
There are many different forms of percent of domestic violence victims agency — the list is long.
abuse, and often a victim suffers from a needing the help of a lawyer. This often requires a great deal of
combination of these tactics. Forms of Victims often need help with a com- time, and requires the victim to travel
abuse include: bination of civil and criminal matters, in- from building to building, telling their
THesAFeTYrePorT.CoM / 41
story over and over again. By providing
all the services a victim needs under one
roof, places like Family Justice Center
help to ensure that victims do not give
up or become confused, frustrated or IF You Are BeIng ABused
simply run out of resources to complete
the journey. First and foremost, know that you • nnedv recommends the
Archie Grubb, an attorney with are not alone and that the abuse followIng Items for your
Beasley, Allen, Crow, Methvin, Portis & suItcase:
is not your fault. If you are in an
Miles PC, in Montgomery, Alabama, and +Money/cab fare
abusive relationship or suspect you
volunteer with the State Bar’s Volunteer +Checkbook
might be in one, safety and support
Lawyer Program (VLP), sees this first- +Credit card/ATM card
are critical.
hand. Through the program, he is able +Order of Protection
The National Network to End Do-
to assist clients he might not otherwise +Passport
mestic Violence (NNEDV) provides
represent in the course of his consumer +Immigration documents
the following safety planning tips for
and business litigation practice. +Work permit
someone who believes they are in
“We all know that domestic violence +Public Assistance ID
an abusive relationship:
is a serious problem and devastating to +Driver’s license and registration
• IdentIfy what you wIll do If +Social Security card
those who experience it in their daily the vIolence starts agaIn.
lives,” he says. “But there are a number +Your partner’s Social Security
Can you call the police? Is there a
of legal issues that hide in the shadows: number
phone in the house? Can you work
bankruptcy issues, child custody or +Medical records
out a signal with the children or
guardianship issues, landlord-tenant is- +Insurance policies
neighbors to call the police or get
sues and so forth. As a volunteer lawyer, +Police records
help?
I have been able to assist people des- +Record of violence
• Plan an escaPe route and +Children’s school and immuniza-
perately in need of help, and it’s been PractIce It.
rewarding.” tion records
Know where you can go and who
Regardless of whether or not there +Lease
you can call for help. Keep a list
is a central location for services, victims +Birth certificates
of addresses and phone numbers
need help to break the cycle of violence. +Baby’s things (diapers, formula,
where you can go in crisis and keep
Searcy says friends, co-workers and rela- medication)
them in a safe place.
tives should not be afraid to reach out +Medications
• Put together a suItcase
to someone they think is in trouble. Be and keeP It at a frIend or +Clothing
prepared. Take the time to learn what re- famIly member’s house. +Eyeglasses
sources are available in your community Pack clothes for you and the chil- +Family pictures
to assist victims of domestic violence. dren, needed medicines, important +Address book
“There’s no excuse for not directing papers, car keys, photographs, mon- +Important telephone numbers
a person you perceive to be a victim to ey and emergency phone numbers. +Cellphone/coins to use a pay
the resources that might save their life,” Add anything else you might need if phone
Searcy says. you have to leave suddenly.
For more information, visit www.fami-
lyjusticecenter.org or www.nnedv.org.
— Wendi Lewis is communications director
with Beasley, Allen, Crow, Methvin, Portis &
Miles PC in Montgomery, Alabama.
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HOME & FAMILY
{BABY CARE}
Sleep Like a Baby
HelpFUl tips For Crib saFety by alison DeVilliers
A recent report in the journal Pediatrics found that some
26 children suffer from crib-related injuries every day.
Not every week, but every day.
or openings between the mattress and the crib. If two adult
fingers can be placed between the mattress and the crib, the
mattress needs to be replaced.
Heed these crib safety tips to protect little ones from danger: • Adjust the mattress to the correct height as the child grows.
The higher the mattress is, the easier it is for a child to pull
Crib Design himself out of the crib. The mattress should be at the lowest
• Do not use purchase an antique or used crib. Antique cribs setting when a child is able to pull himself up.
often have cutouts or openings that could trap the child’s
head, neck, arms or legs. Antique or used cribs may also be Crib Use
missing important hardware. • Do not use bumper pads. They increase the risk of strangula-
• Watch for corner posts. Do not use a crib with corner posts tion and suffocation. All cribs sold in the U.S. today have slat
that are more than 1/16 of an inch higher than the crib ends. requirements that make it nearly impossible for a child’s head
Corner posts that do not meet these specifications can catch to get through. The CPSC advises against bumper pads.
a child’s pajamas. • Use only a bottom-fitted sheet on a firm, tight-fitting mattress.
• The space between crib slats should be no more than 2 3/8 • Remove mobiles or crib gyms once a child can pull himself up.
inches apart. The CPSC requires this to protect from babies These are meant for babies to look at, not reach for or touch.
getting their heads stuck between the slats. • Place baby on his/her back for sleep. Babies who sleep on their
backs are less likely to develop Sudden Infant Death Syndrome
Crib MaintenanCe (SIDS), according to the American Academy of Pediatrics (AAP).
• Check the crib hardware. It may become loose, missing or dam- • Do not place pillows, blankets, comforters, stuffed toys or
aged over time. Contact the manufacturer for replacement parts. anything similar in the crib while the baby is sleeping. Use a
• Check for chipping paint. Lead can be found in old paint sleeper instead of a blanket. Babies can become entangled
and is a health hazard to children. in these items and may not be able to free themselves.
• Check the mattress support to ensure that the system hold-
ing the mattress up is not bent or broken. — Alison DeVilliers is an attorney with Goodson & Company Ltd. in
• Make sure the mattress fits. There should not be cracks Cincinnati, Ohio.
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THESAFETYREPORT.COM / 43
{BABY CARE}
How to Ensure
Your Formula is
safe
By Michael Brandner
N
ew and cloth or a single-
expectant use napkin.
parents
take note: pow- Boil a suf-
dered infant formula ficient volume
is safe. However, it of safe water. If
is not sterile and, using an automatic
therefore, has a kettle, wait until
minute chance of the kettle switches
bacteria growth in the off; otherwise, make
powder. sure that the water
So what, as parents, can comes to a rolling boil.
we do to protect our infant chil- Note: bottled water is not sterile
dren? Some mothers are not able and must be boiled before use.
to breastfeed and have no choice Microwave ovens should never
but to feed their children powdered be used in the preparation of
infant formula. How do we minimize powdered infant formula as un-
the risks to infants? even heating may result in ‘hot spots’
Unfortunately, parents cannot rely on the that can scald the infant’s mouth.
directions offered by manufacturers: add “X”
amount of formula to “Y” amount of water Pour the appropriate amount of boiled
(no temperature specified). So, what do we water, which has been allowed to cool
do? slightly, but not below 158 degrees Fahren-
The U.S. government has not yet devel- heit, into a cleaned and sterilized feeding
oped safe procedures for mixing and pre- cup or bottle. The temperature of the
paring powdered formula for consumption water should be checked using a sterile
by an infant child. So, you have to look thermometer.
to the World Health Organization (WHO). If making a batch in a larger container, the
Here’s what it recommends: container should be cleaned and sterilized. It
should be no larger than 1 liter, be made from
Clean and disinfect a surface on which to prepare the feed. food-grade material and be suitable for pouring hot
Wash hands with soap and water, and dry using a clean liquids.
H&F
HOME & FAMILY
To the water, add the exact amount of formula as instruct- Dry the outside of the feeding cup or bottle with a clean
ed on the label. Adding more or less powder than instructed or disposable cloth and label with appropriate information,
could make infants ill. such as type of formula, infant’s name or ID, time and date
prepared, and preparer’s name.
Cool feeds quickly to feeding temperature by holding
under a running tap or placing in a container of cold water or Because very hot water has been used to prepare the
iced water. Ensure that the level of the cooling water is below feed, it is essential that the feeding temperature is checked
the top of the feeding cup or the before feeding in order to avoid scalding the infant’s mouth.
lid of the bottle. If necessary, continue cooling as outlined in step 6.
Discard any feed that has not been consumed within two
hours.
Parents cannot rely on the directions
offered by manufacturers: add “X”
amount of formula to “Y” amount of
water (no temperature specified). So,
what do we do?
According to the WHO, the risk dramatically decreases
when powdered infant formula is mixed with water that is no
less than 158 degrees Fahrenheit, as this temperature will kill
any bacteria in the powder.
Consequently, mixing powdered infant formula with water
no less than 158 degrees Fahrenheit dramatically reduces
the risk to all infants, even slow-feeding infants and infants in
warm climates in which refrigeration of the prepared formula
may not be readily available. When powdered infant formula
is prepared with water that is less than 158 degrees Fahr-
enheit, it does not reach a high enough temperature
to completely inactivate the bacteria present in the
powder.
Follow these tips to ensure that your formula
is safe for your baby to consume.
— Michael Brandner is an attorney with Brandner Law
Firm LLC in Metairie, Louisiana.
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THESAFETYREPORT.COM / 45
Steer Clear of Scams
By Henry “Hank” Didier Jr.
T here are
times when
financial stress
cess is essential.
It’s important to
note that all factor-
can be just as ing companies are
detrimental to an not created equal.
accident victim’s There are many
health as the instances of abuse,
physical injuries even with current
they suffer. Espe- laws and statutes
cially in today’s in place in most
economic climate, states in the form of
such mental an- “Structured Settle-
guish can lead to ment Protection
financial depres- Acts.”
sion and despera- Nonetheless,
tion, leading some “good apples”
to make ill-advised do exist. The law
decisions in hopes requires judicial ap-
“
fixing their money proval of any struc-
woes. Accident victims are now being preyed upon by tured settlement
To that end, ac- ‘structured settlement’ companies that offer up transaction and the
”
cident victims, often courts are charged
left to live on little quick, lump-sum payouts that come at a high price. with considering
more than what their whether the transac-
financial settlements tion, including the
provide, are now being preyed upon by structured settlement discount rate and the amount of fees and expenses charged, is
companies that offer immediate, lump-sum payouts that come fair and reasonable and in the best interest of the payee and his
at a high price — typically only offering a fraction of the money or her dependents.
to which the victims, and/or their families, are entitled. But, even with such protections in place, factoring companies
In return, these factoring companies receive the accident have still been able to push through unsavory deals.
victim’s future stream of payments. Sound advice is key: people need good guidance to protect
In such circumstances, it’s best to get some sound advice — them from the realities of today’s predatory marketplace.
perhaps from their former attorney, the structured settlement Companies that act to fulfill the spirit of the current laws
professional with whom they previously worked or some other governing these transactions — and that take steps to ensure
trusted financial advisor — on how to best go about possibly sellers of structured settlements and annuities are given the
selling their future payments. information they need to make informed decisions — can
There are a number of things to consider: perform a valuable service for those who need to trade in their
Selling has huge financial consequences that should not be future payments for cash. It can be done fairly and reasonably,
taken lightly. but, in the face of rampant abuses, steps must be taken to help
All other possible options should be explored before the sellers find the right company with which to work.
decision to sell is finally made.
If selling is the right or only option, then finding a reputable — Henry Hank Didier Jr. is a founder of Vantage Capital Consultants
company to guide him/her through a fair and transparent pro- LLC and also a practicing plaintiff’s lawyer.
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H&F
HOME & FAMILY
5 w ay s T O s U P P O R T s O M E O N E w H O I s
By Joel Feldman
GRIEVING
M
y 21-year-old daughter, Casey, died in July death and mourning that can interfere with attempts to
2009 after being struck by a distracted driver. comfort.
Before her death, I found it difficult to feel Recognizing that grief is different for everyone, I offer
comfortable speaking to those whose family members some suggestions for providing support based on my
had died. I did not know what to say or do, and feared own experience.
that I might say the “wrong thing.” Don’t judge a person’s grieving. I don’t really know
Following Casey’s death, I experienced a wide range how I will be on any given day and don’t appreciate
of behaviors from family, friends and coworkers, some someone else telling me how they think I am doing. Tell
that were helpful and others that were harmful. There me how well I am doing and I may think that I am doing
is awkwardness, anxiety and ignorance that surrounds too well and not grieving enough. Tell me that it’s time
THESAFETYREPORT.COM / 47
to get on with my life and I will resent you. It is up to me,
alone, as to how I grieve and for how long.
Say my child’s name. I often heard that people were
afraid to talk to me about Casey for fear that they would
remind me of her and make me sad. I think of her all the
time as do many who have lost loved ones. We fear that our
loved ones will be forgotten. I consider it an incredible gift
if someone says Casey’s name, tells me a story about her or
asks me to tell a story about her.
I welcome people “intruding” upon my grief. I did not
feel that a single person who reached out to me was intrud-
ing. Yet many, who did not reach out initially, tried to explain
later by saying they did not want to intrude. Surviving a loss
Surviving a loss is a struggle
and I feel different as a result
of my loss. Don’t make it
worse by staying away and
making me feel isolated.
is a struggle and I feel different as a result of my loss. Don’t
make it worse by staying away and making me feel isolated.
What is the “right” thing to say? There really are no
magic words that will lessen someone’s grief. When we
grieve, we often just need someone to sit with us and to is in a better place” are just not helpful.
listen if we wish to speak. Mental health professionals speak When is it too late to send a card? For me, the answer
of “being present” or empathic listening, the ability to listen is never. There is a lot of support in the weeks following a
intently so that the other person knows you are paying at- death, but gradually, that support dissipates. Grief can wors-
tention and understand not only their words but how they en once support is taken away. The second year following
are feeling and what it is like to see things through their Casey’s death has been harder in some ways than the first.
eyes. Don’t forget the anniversary of the death. Yes, it is appropri-
“I was thinking of you and your family” is the kind of ate and incredibly helpful for family members on that painful
sentiment that is helpful. I welcomed being asked what I was anniversary to know that others care. A simple card, text or
going through if done in a caring fashion. email will be greatly appreciated.
On the other hand, please do not speak those platitudes
that mean nothing and perhaps only comfort the one saying — Joel Feldman is the managing partner of Anapol, Schwartz, Weiss,
Cohan, Feldman & Smalley, PC in Philadelphia.
them. “Be strong,” ”time heals all wounds” and “he or she
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H&F
HOME & FAMILY
PROTECT YOUR
possessions By Alan Perkins
house — to tools and equipment, artwork, silver,
document your crystal and jewelry.
structures and all Check with your insurance agent to
their contents. be sure that these items are adequately
Y ou never forget a fire when it hap-
pens in your own home. Our family’s
fire was caused by a malfunctioning elec-
Keep in
mind that having a family member in the
picture will help you establish ownership
covered for replacement. Most agents
can also provide you with a home inven-
tory form to help guide you in collecting
tric baseboard heater. The fire gutted the of the items, should you need to file an the information you need. You can also
interior of the house, leaving us with only insurance claim. Each item should also be download programs that will assist you in
our memories of what was once inside. documented on a list with details of its compiling your list.
Our insurance adjuster needed a list name, description, size, age, model num- Use a safe-deposit box to store your
of what we’d lost, a difficult videotapes, pictures and writ-
task considering our state
of emotional distress at the
Begin by taking a camera or ten descriptions with receipts
or leave them with a relative
time and the number of video recorder from room to so you’ll have access if your
items that were lost. Add to
it the fact that while we were
room, including the garage home is destroyed. Also,
adequately insured, we had and around the outside of check the value of these items
periodically to adjust your
not documented what was in the house, to document your coverage as necessary.
the home prior to the fire.
Without a detailed house-
structures and all their contents. Spend a little time now and
hold inventory, processing save yourself a lot of time and
and collecting an insurance claim at the ber, brand name and any other informa- money later, should you ever have the
full value of your losses can be difficult to tion that helps determine its value. unfortunate experience of trying to recall
impossible. To that end, here are some Remember to list everything, includ- all that you lost in a fire.
tips for dealing with the unexpected. ing items you can’t readily see because
Start your household inventory and set they’re in closets or dresser drawers. — Fire Marshal Alan Perkins is a 32-year
a deadline for completion. This includes Even if the heat from a fire does not veteran of the fire service. A Certified Fire
listing items you own, dates you bought reach personal belongings in such places, Protection Specialist (CFPS), Perkins is also
them and the original prices or monetary damaging soot or smoke can. a board member of Live Safe Foundation, a
nonprofit organization devoted to making fire
value. Begin by taking a camera or video Keep receipts (or copies of them) and life safety education, awareness initiatives
recorder from room to room — including with your inventory for big-ticket items, and life-saving tools available on a broad basis.
the garage and around the outside of the such as TV equipment, computers, large Learn more at www.live-safe.org.
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THeSaFeTyRePORT.COM / 49
A
fter 37 reported incidents and 23 serious burn injuries, While the average consumer believes that a product on the
the Consumer Product Safety Commission (CPSC) an- market has been adequately tested and approved for safety,
nounced the voluntary recall by Napa Home and Gar- approximately $700 billion is spent each year as a result of inju-
den, Inc. of nearly a half-million bottles of pourable gel fuel ries, property damages and deaths caused by unsafe or defec-
used in Napa FireLites. tive consumer products.
The burn victims spanned in age, from toddlers to baby With the Napa FireLites and FireFuel, at least 23 people were
boomers. The CPSC stated in its warning to consumers that the seriously injured — including many with life-altering, third-degree
Napa “pourable gel fuel can ignite unexpectedly and splatter burns — before the Napa products were removed from retailers’
onto people.” shelves. Without these reports, however, more people may have
Before the recall, Napa FireLites and the accompanying pour- been injured if the products remained available for sale.
able gel fuel was sold for more than two years at retailers, such The CPSC is the federal governing agency tasked with pro-
as Bed Bath and Beyond, Amazon.com, ShopKo, Restoration tecting the public against injuries and deaths from consumer
Hardware and numerous other retailers, including locally owned products available in the United States. More than 15,000 dif-
home decor and garden stores. ferent consumer products, from cribs to all-terrain vehicles and
IF You See SomeThIng,
Say SomeThIng
By T. David Hoyle
swimming pools, come under the CPSC’s jurisdiction. As a result, the CPSC
needs help your help in identifying potential hazards associated with these
products.
Earlier this year, the CPSC launched www.SaferProducts.gov, which
provides consumers with the ability to quickly report potential hazards
through an easy-to-use interface. This website also provides a searchable
database of complaints filed by consumers as well as manufacturers’ re-
sponses, bringing more information to the forefront.
While the CPSC is continuing to accept reports through phone, fax
and mail, the new website is intended to expedite the two-way flow
of information between the CPSC and the public. The CPSC also has
an email distribution list that will alert consumers to recalls as they
happen.
By working together, consumers and the CPSC can help ensure
the safety of consumer products and hopefully minimize the inci-
dence of resulting, life-altering injuries.
— T. David Hoyle is an attorney with Motley Rice in Mount Pleasant,
South Carolina.
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H&F
HOME & FAMILY
It’s Tough Raising a Kid These Days By Michael Cowen
T here seems to be so much “noise” around kids these days
— those external factors that seem to directly work against
your goals and decisions. Navigating around these obstacles
phasing in driving privileges leads to fewer traffic accidents
and tickets. Other things to consider: limiting the number of
passengers in the car, banning cellphone use and texting while
can be tricky, but as parents, it’s our jobs to ensure that our driving, limiting driving after dark and, of course, making sure
children make it through the other side with their minds — and your teen doesn’t drink and drive. (See more, page 57)
bodies — intact.
Here are a few methods for dealing with the madness: set an exaMpLe
If you want your kids to be safe drivers, you have to practice
Monitor internet Usage what you preach. Be sure to use safe-driving behaviors for your
Preteens and teens have poor judgment. It’s not their fault. child to model. There are plenty of “teachable moments” for
Neuroscience has shown that the parts of the brain that pro- you to talk about safe driving with your child each time you
vide self control do not fully develop until your early 20s. As a ride in the car together. Drive how you would like your child to
result, you cannot trust that your child won’t end up chatting eventually drive — since he/she will copy you.
with people who turn out to be predators, post private informa-
tion or even post inappropriate photos that will end up being HeLMets
circulated all over cyberspace. Every year, lives are ruined in otherwise minor accidents be-
Monitor your child’s Facebook page — “friend” them so you cause kids suffer brain injuries. Make sure your child wears a
can see what he/she is doing. Follow him/her on Twitter. Be helmet when skateboarding, bicycling and/or rollerblading.
sure nothing inappropriate is being posted. And talk to your They might think a helmet looks uncool, but a brain injury is
kids about the dangers of online creeps who pose as someone way uncooler.
else to lure them into their clutches. Remember, if your child is
under 13, they should not be on any social networking sites to pick Up yoUr kiDs anywHere, anytiMe —
begin with. no qUestions askeD
One final note: remember, once it’s posted, it’s out there for- No matter how good a parent you are, there is a good chance
ever. Don’t let your teen forget that. that your teen will eventually end up in a situation where he/she
is tempted to drive while drunk or high, or is asked to
LiMit teen Driving ride in a car with an intoxicated friend. Often, the
Just because your teen turned the legal driv- teen will take a chance driving while intoxicated
ing age does not mean that you should because he/she thinks her parents will kill her
give him/her free use of your car. Car if she sees them in an impaired condition.
crashes are the leading cause of Knowing that they can safely call you
death for teens, resulting in ap- for a ride may save your teen’s life.
proximately 3,000 deaths and
over 350,000 emergency — Michael Cowen is an attorney
room visits every year. with The Cowen Law Group in
Brownsville, Texas.
Studies have shown
that gradually
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THeSaFeTyrePOrT.COM / 51
on campus:
FIre SaFeTy rULeS By Alan Perkins
d
id you know that from 2003- and on each level. For the best protec- Up to 75 percent of all structure fires
2006, U.S. fire departments tion, all smoke alarms should be inter- involve cooking equipment.
responded to an estimated 3,570 connected so that when one sounds • Cook only when you are alert, not sleepy
structure fires each year in dormitories, they all sound. or drowsy from medicine or alcohol.
fraternities and sororities, resulting in • Test all smoke alarms at least monthly. • If you smoke, smoke outside and
seven deaths and 54 fire injuries? • Never remove batteries or disable only where it’s permitted. Don’t smoke
By now, college is back in full swing. the alarm. in bed or when you’ve been driving or
For many, this is their first time living • Learn the building’s evacuation plan are drowsy.
away from home. As they make new and practice all drills as if they were the • Check the school’s rules before using
friends and establish new routines, a real thing. any electrical appliances.
number of factors — including candle • If living off campus, have a fire escape • Use a surge protector for the com-
use, cooking, smoking and misuse of plan with two ways out of every room. puter and plug the protector directly
electrical appliances — can heighten the • During a power outage, use a flash- into an outlet.
risk of fire in any campus environment. light — not candles.
— Fire Marshal Alan Perkins, CFPS, is a
Following are some important key • Burn candles only if the school per-
founding board member of the Live Safe
rules for living a fire-safe life: mits their use. A candle is an open Foundation (www.live-safe.org) and a 32-year
• Look for housing equipped with an flame and should be placed away from veteran of the fire service. A certified fire
automatic fire sprinkler system when anything that can burn. Never leave a protection specialist through the National
Fire Protection Association and a member of
choosing a dorm or off-campus housing. candle unattended. Blow it out when
several similar safety organizations. Perkins is
• Make sure your dormitory or apart- leaving the room or going to sleep. the fire marshal for the Washington Township
ment has smoke alarms inside each • Cook only where it is permitted. Fire Department, Dublin, Ohio.
bedroom, outside every sleeping area • Stay in the kitchen when cooking.
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THIS IS WHAT THE “BAR OF JUSTICE” HAS COME TO MEAN TO
MORE AND MORE AMERICAN CONSUMERS AND WORKERS
“The right to sue and defend in the courts is the alternative of force. In an organized society it is the right
conservative of all other rights, and lies at the foundation of orderly government. It is one of the highest
and most essential privileges of citizenship.”
That’s what the Supreme Court said a century ago. But now the “right conservative of all other rights”
is under attack.
Public Justice was founded to enforce that fundamental right. We fight in the courts – for the
wronged, the poor and the powerless; the environment; consumers’ rights; workers’ rights; civil rights;
civil liberties; and corporate and government accountability. We cannot allow access to the courts to
be eliminated for anyone.
Help us keep the courthouse doors open for all!
To support our Access to Justice Campaign, become a member of the Public Justice Foundation, or to
learn more about our fight to hold wrongdoers accountable, visit our website at www.publicjustice.net
or call us at (202) 797-8600.
OT R
ON THE ROAD
Maximum Protection
GETTING YOUR VEHICLE READY FOR WINTER WEATHER
By Craig Kelley
F
or most of us, preparing for Check the spray nozzles
winter is often a daunting task. of your windshield-washer
We prepare our homes with ex- system. They can get
tra insulation, sealing up drafty spots blocked by wax or debris,
to protect us and our dwellings from which can be cleared with
the cold. We wear warmer winter a needle or pin.
clothes to protect us from the ele- Carry emergency equip-
ments. So, why wouldn’t we take ment in your vehicle, includ-
the same care with our vehicles? ing jumper cables, a snow/ice
This winter season, make sure scraper, a flashlight, a fresh supply of extra
your vehicle is as protected as batteries, flares, a shovel, first-aid kit, basic hand
you and your home. Spending the tools, blankets and, if at all possible, a cell phone
extra time and effort to get your and car charger in case of a breakdown or other
vehicle properly prepared for winter emergency. Matches, extra clothes, bottled
conditions will save you money ... water and non-perishable snacks in your truck/
and could prevent you from injuries in storage area will complete your emergency kit.
an accident. Don’t forget to keep plenty of gas and
Before cold, wet and winter-driving windshield washer fluid in your vehicle.
conditions are upon us, take precautions: Keep your gas tank at least half full in the
Take your car to a mechanic and cold season. This will reduce condensation
check out the following: battery, radia- in your tank and fuel system and make your
tor fluid levels and protection tempera- vehicle easier to start when cold.
ture of your anti-freeze in your system, Clean the snow and ice off of your entire
brakes, hoses and belts. vehicle each time you drive for maximum
Make a visual inspection of your visibility and safety. This includes not just the
vehicle lights. Make sure the front windows, but also the mirrors, head/tail lights
and rear lights are operational, paying and your hood and roof. The extra time spent
particular attention to the car’s flashing is far better than dealing with an accident or
hazard lights. damage to a vehicle due to poor visibility.
Change your wiper fluid so it doesn’t If you take good care of your vehicle before
freeze. Instead of toughing it out until the winter season arrives, your vehicle will
spring, exchange the fluid with one take great care of you all winter long and help
made especially for protection during keep you safe.
freezing conditions. Once last piece of advice: always check the
Purchase winter wiper blades to cut road conditions before driving away so you are
through snow and ice instead of using prepared for what lies ahead.
summer blades throughout the year.
Make sure your heater, defroster — Craig Kelley is an attorney with Inserra & Kelley in
Omaha, Nebraska.
and rear-window defroster are work-
ing properly.
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54 / THE SAFETY REPORT / FALL 2011
vehicle
LET YOU DOWN?
By Bret Hanna
Before you hit the road, make sure Then, if the problem is some-
you have an emergency kit in your thing you can fix — such as a
vehicle. Although not necessarily flat tire, for example — check
practical for every trip, every time, for safe clearances from traffic
every destination, the ideal kit would before jacking the car up.
contain these items: If the problem is not
+ Fresh drinking water something you can fix, call for
+ Food roadside assistance from any
+ Waterproof matches and candle provider you subscribe to for
+ Flashlight and spare batteries service or contact a local tow
+ Orange warning sign and flares and mechanic service if you
+ Whistle don’t have roadside assistance
mile range, but some suggest it as low
+ Blankets service. While waiting, try to stay in a
as the 75,000-mile mark.
+ First-aid kit location that does not obstruct your
Regardless, it is wise to invest the
+ Towel emergency lights and signs.
several hundred dollars to get it done
+ Collapsible shovel
because if it breaks, you are dead in
+ Jumper cables PREvEnTIOn
the water and the breakage may cause
+ Cellphone and charger The most important safety tip when it
engine damage — in addition to the
+ Rope comes to vehicle breakdowns is to try
cost of replacing the belt. The manu-
+ Cutting device and avoid them. The leading cause of
facturer’s checklist will alert you to
+ Duct tape vehicle breakdowns is maintenance
other critical maintenance issues.
+ Basic tool kit neglect. So, the most important thing
It is also a good idea to pay attention
+ Gloves, hat and boots to pay attention to is routine main-
to your vehicle as you drive it. Periodi-
+ Chains or traction devices tenance. Get the oil changed and all
cally, check the headlights, turn signals
fluids checked approximately every
and brake lights to make sure they are
If you break down, turn on your 3,000 miles. Keep your tires in good
working. After you have had your ve-
hazards immediately. If there is a hard condition and pay special attention to
hicle for a short time, you will develop
shoulder to stop on, look for any debris keeping them properly inflated. Rotate
a sense of how it sounds and drives.
and then stop with wheels turned away and balance the tires every 5,000 miles,
If you notice changes to the “nor-
from traffic. Otherwise, get the vehicle including the spare if it is full size.
mal,” it is time to investigate. Look
as far away from traffic as possible. Most tire sellers will do the rotations
for tire and brake issues, and have the
Exit your vehicle away from traffic to and balancing free of charge after you
steering checked if the wheels starts to
stay as safe as possible. If the car is not purchase from them.
respond differently as you drive. The
drivable, stay in it and call for help or Also, as boring as it may be, review
time and money you spend on routine
wait until someone stops to help if you the manufacturers proposed mainte-
issues will likely save you a lot more
can’t make a call. Regardless, get to nance schedule and try to follow it if
time and money down the road.
your emergency kit as soon as you can. you can. For instance, most manufac-
Put out the orange emergency sign turers suggest replacing the timing — Bret Hanna is an attorney with Jones
and road flares if you can safely do so. chain/belt in the 90,000- to 110,000- Waldo Attorneys in Salt Lake City, Utah.
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OT R
ON THE ROAD
By Michael G. Phelan
ROAD TRIP READY
Fall can be the time for late-season family vacations and Avoid driver fatigue. Schedule your trip to allow for frequent
weekend car trips to beaches, rivers, lakes, mountains or breaks. Stopping for food or beverages, taking time to pull
recreational facilities. Before hitting the highways, take the over at a rest stop just to stretch your legs, staying overnight
following safety precautions recommended by the National at a motel or local bed and breakfast, and sharing the driving
Highway Traffic Safety Administration (NHTSA): are all good strategies for avoiding fatigue and staying alert
behind the wheel.
Perform a vehicle safety inspection. See sidebar for a com-
plete list from the NHTSA. — Michael Phelan is an attorney for the Law Offices of Michael G.
Phelan Esq. in Richmond, Virginia.
Never leave children or pets unattended in a parked vehicle
— especially during warmer weather. Even on a relatively
cool day and with windows partially cracked open, tempera-
tures inside a vehicle can soar, rapidly causing occupants to
BEFORE HITTING THE ROAD...
BE SURE TO CHECK THE FOLLOWING BEFORE
suffer from heat illness or even die from heatstroke.
YOU START ANY ROAD TRIP:
Tires — Air pressure, tread wear, spare
Always use child safety or booster seats. NHTSA guide-
Belts and hoses — Condition and fittings
lines for proper child safety and booster seat use can be
Wiper blades — Wear and tear on both sides
found at www.boosterseat.gov under “Which seat is right
Cooling system — Needed servicing and coolant level
for my child?”
Fluid levels — Oil, brake, transmission, power steering, cool-
ant and windshield
Have a fully charged cellphone, a cellphone charger and
Lights — Headlights, brake lights, turn signals, emergency
an emergency roadside kit in your vehicle (see page 54 for a
flashers, interior lights and trailer lights
detailed list).
Air conditioning/heat — Sensitive to heat/coldness? Check
your A/C performance and/or heat output before traveling.
All vehicle occupants must wear seat belts. This is the
single most important way to keep you and your passengers
Source: National Highway Traffic Safety Administration (NHTSA)
safe on the road.
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56 / THE SAFETY REPORT / FALL 2011
HAS YOUR
RECALLED
CAR
BEEN REPAIRED?
a
By Wayne Hogan
fter the spate of Toyota recalls
for product safety defects,
Congress requested that the
Government Accounting Office (GAO)
perform an analysis of the effective-
ness of vehicle defect recalls. In June
2011, the GAO issued its report,
which details key findings and rec-
ommendations. Among those is this
important point:
Under federal law, the National
Highway Traffic Safety Administra-
tion (NHTSA) cannot require used-car
dealers (or franchised dealerships that
sell used vehicles) to notify potential
buyers of an outstanding safety defect
or require that they get the defect
remedied prior to sale.
A result is that, in some instances, a
used-car dealer may not be aware that
an outstanding safety defect exists in
a vehicle. In particular, GAO reported
that “a used-vehicle dealer associa-
tion with over 20,000 members told
us that because used dealers do not
have a franchise agreement with the
manufacturers, they do not receive the
provides the public with guidance and to vehicle owners about what to do if
defect notices that manufacturers send
information on safety recalls, primarily they do not receive a recall notification
to franchised dealers. Moreover, used-
through its website, safercar.gov. letter, but believe that their vehicle
car dealers we spoke with told us that
There, NHTSA maintains a database may be affected by a recall. GAO also
generally they do not receive defect
that the public can search for safety re- recommended to NHTSA that it seek
notices from manufacturers, except
calls by entering year, make and model legislative authority to notify potential
in certain cases, such as when a used
of a vehicle. The agency’s website also used car buyers of recalls.
dealer purchases previously leased
provides basic guidance on what to
vehicles directly from a manufacturer.”
do in the event of a safety recall. For — Wayne Hogan is an attorney with Terrill
Because of this finding, it is important
example, the website offers guidance Hogan in Jacksonville, Florida.
for consumers to know that NHTSA
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OT R
ON THE ROAD
HIT THE BRAKES ON DISTRACTED DRIVING…
Before It’s Too Late By Noble McIntyre
According to a recent report changing the radio station. everyone be safer on the road.
by the Governor’s Highway While cellphone laws are a positive Turn off your phone before you get
Safety Association step toward reducing distracted driving, in the car.
(GHSA), there they should not be the primary moti- Set up a special voice message to tell
is no evidence vation for people to stop using cell- callers you are driving and you will get
that banning phones while driving. The reality is that back to them as soon as possible.
cellphone use while driving is distracted driving is a very serious and Pull over if you need to make a call.
effective. The report also states that potentially fatal problem. Ask a passenger to make important
hands-free phones are no less danger- According to distracted driving calls for you if the calls can’t wait.
ous than handheld phones. statistics compiled by Oklahoma Law, Do not text, surf the Web or read
Despite this conclusion, the GHSA distracted drivers are 23 times more emails.
recommends that all states enact cell- likely to cause an accident compared Become familiar with state and local
phone and texting bans. Currently, nine with drunk drivers who are seven times laws before you get in the car.
states prohibit all drivers from using as likely to cause one, making them Program your GPS device, review
handheld phones while driving, while some of the most dangerous drivers on maps and read directions before you
34 states have banned text messaging the road. drive.
for all drivers. However, no state has In fact, in 2009, out of 33,808 car Secure pets before you drive.
banned all cellphone use for all drivers. crash deaths, reports indicate that 16 Do not argue with any passenger in
Cellphone use appears to be the percent (or 5,474 cases) could be at- the car.
most common type of act that distract- tributed to driver distraction. Even more Avoid any activity that will take your
ed driving laws aim to prevent. Two- staggering is that research suggests up mind and eyes off the road.
thirds of drivers have reported using a to 80 percent of driver deaths could
cellphone while driving, but distracted have involved distraction.
driving is a much broader concept. Any To reduce the possibility of distracted — Noble McIntyre is a senior partner at
activity that diverts a driver’s atten- driving, here are some tips that will help McIntyre Law in Oklahoma City, Oklahoma.
tion away from the road is considered
a distraction. Some examples include
eating, drinking, using a GPS device, From your computer, enter the article From your smartphone,
talking, grooming, reading directions or ID in the search box at scan the tag using TagReader. For
maps, watching portable televisions or thesafetyreport.com. Article ID: 2437 more information visit gettag.mobi.
58 / THE SAFETY REPORT / FALL 2011
COMM E NTA RY:
Standing My
A
By Jeff Weinstein
sk a young adult what the greatest
GROUND ON
killer of their generation is and, I
promise, you will be bombarded
Teenage Drivers
with many answers to the ques-
tion. However, while most of the answers
make good common sense, the correct
answer is often overlooked.
The greatest killer of young
adults in America today is car colli-
sions. Realizing the dangers
asociated with teen drivers, when
is it appropriate to allow your
young and preteen children to
ride in a car with a teen-
age driver?
My wife and I have
three children, Avery,
11; JoJo, 9 and Ryan, 7. The
answer for me is easy. It’s
never. I’ve met most of my children’s
friends and their friends’ siblings; I admit that
it’s going to be a tough sell for me to move off
my position.
It is every parent’s worst nightmare to receive
a late night call or law enforcement visit to their
home advising that there has been an accident
involving their child. The statistics on
injuries and death to teenagers and
their passengers are eye opening.
My own research indicates that
over half of the teenage pas-
sengers killed in motor vehicle
collisions were passengers in a
car operated by a teenage driver.
While our family may be
liberal in our rule enforcement on
making beds and cleaning rooms, I believe that
non-negotiable rules must be enforced concern-
ing young people and the decision to allow/not
allow them to ride with teenage drivers.
OT R
ON THE ROAD
Experience is such an important factor in teenage driving. The
problem is, how do you measure the experience of a 16-year-old
driver who has only recently earned a license. Asking questions of
3 FACTORS
both the teenage driver and your teenage children will not likely
That Play Into Teen Driving
reassure you on whether to allow the teenager to
drive your children around. Each year, more than 3,000 teens are killed in
I can hear the discussion at my house car and truck crashes, according to the Centers
now. “So and so’s dad lets him drive the family for Disease Control and Prevention (CDC). The
car whenever he wants” or “Can you believe it? equivalent of two classrooms full of high school
students will die in Oregon this year from
Suzie’s dad bought her a brand-new car.” preventable crashes.
Just because we like Suzie and think she
is a nice girl does not mean she is a good driver. According to the American Academy of Pe-
Likewise, just because we like Suzie’s parents does not diatrics, a 16-year-old driver is 20 times more
likely to have a motor vehicle crash than any
make her a good driver. All of our children can drive the family other licensed driver. Here, read three factors
golf cart but I’m not ready to turn the keys over just yet. that can contribute to a teen’s driving skills:
I believe adults have a duty to discuss the consequences of bad
or reckless driving with the teenage driver. After all, the teenage Lack of Experience
driver is about to take our most-prized possessions for a ride in a » New drivers are not used to detecting and
4,000-pound vehicle that is capable of going from zero to 60 miles responding quickly to traffic hazards. They
generally have less control of the vehicle and
per hour in under 12 seconds. have little experience anticipating the actions
If you feel as though something isn’t right, don’t allow your child of other drivers. Experienced drivers some-
to get in the car. Your gut instinct may be 100 percent right on times forget that it takes a lot of practice to
concerning a particular teenage driver. safely maneuver in everyday situations and
react to unexpected circumstances.
When I was growing up, my mother used to say nothing good
happens after 10 p.m. I now completely understand what she
Risky Behavior
meant. Setting curfews and demanding they be met will set the
» The region of the brain that inhibits engag-
standard for whether my child will ever again ride with a particular ing in risky behavior is not fully formed until
teenage driver or not. age 25. Teenagers may engage in risky driving
I’m sticking to the fundamental rule that as long as the children behaviors, such as speeding, running red lights
and stop signs, tailgating, weaving in and out
are living under our roof, I have the absolute right to determine
of traffic, and not keeping a safe distance
whether they go out, with whom they go out and how long they get because they might not fully understand the
to stay out. risks of their actions. Adolescents are more
One of the hardest things for a young person to do is to admit influenced by their emotions, stress and peers
— leading them to take more risks. Addition-
they are scared. I want to make sure our children understand that
ally, teenage drivers are less likely to use seat
if they are in a car with a teenage driver who is being reckless, belts, significantly increasing their risk of injury
they can call me to come get them with no questions asked and in a crash.
no “I told you so” discussions.
I am more concerned about our children riding with a teen- Distractions
age driver than I am about most of the issues we face as parents. » Any new or inexperienced driver is chal-
Allowing our children to ride in a car with a teenage driver is lenged when faced with driving distractions.
Distractions can be minimized by limiting
perhaps the most dangerous activity we can allow them to do. passengers, advising your teen to turn off their
I realize that eventually some teenager is going to drive up to cellphone while driving and limit the use of
our home and drive away with one or more of our children. I hope external devices, such as iPods (see page 57
when the time comes that my wife and I and our children respect for more on distracted driving).
the rules we set out and that our children understand that they too
are responsible for assuring their safety. — Tom D’Amore is an attorney with D’Amore Law
Group PC in Lake Oswego, Oregon.
— Jeff Weinstein is an attorney with Weinstein Law in Athens, Texas.
CONTINUED ON NEXT PAGE
60 / THE SAFETY REPORT / FALL 2011
TIPS » For Keeping Your Teen Driver Safe
» Set a good example. Do not assume your teenager knows phone — use helps them understand
Be the model for correct, legal driving what you want them to do. what you expect of them. The con-
behavior. Make sure you are familiar tract lets them know that operating
with all controls and safety devices » Remember the learning curve. a motor vehicle should be taken seri-
in each of the family vehicles — it’s a Making mistakes is part of learning. Be ously and the privilege can be revoked
good safety check for parents, too. supportive and relaxed, and discuss if they break the rules and engage in
Remember to turn off your phone the errors with them: separate physical irresponsible driving practices.
while driving. errors (i.e., turning the wheel too soon)
from mental errors (i.e., not detect- — Tom D’Amore is an attorney with
» Provide a safe, reliable vehicle. ing a problem) and coach your teen D’Amore Law Group PC in Lake Os-
Making sure your motor vehicle is accordingly. wego, Oregon.
mechanically safe is crucial to ensuring
your child’s safety, and helps them » Use a Parent-Teen Driving Agreement.
learn how to care for and maintain These agreements are like a contract
a vehicle. between a parent and teen setting
rules and guidelines for driving.
» Offer guidelines. Establishing limits on your teenager’s
Let your kids know what you expect of driving privileges —- such as a limited
them in a clear, calm and positive way. number of passengers and no cell-
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Police chases kill at least
3 innocent bystanders every week.
Desiree Tabatha Kristin Isaac
Allison
Johnny Brandon Kristie Chris
How many deaths before it’s not okay?
Police chases for non-violent crimes often spin out of control,
killing and injuring innocent bystanders.
PursuitSAFETY is a national nonprofit organization working to raise awareness about a real crisis that
will continue to affect thousands of law-abiding people if we don’t come together and do something about it.
Please visit pursuitsafety.org so you can find out more about what PursuitSAFETY is doing to:
• Serve injured victims and bereaved families
• Unite people together to solve this global crisis, and
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OT R
ABC’s
the ON THE ROAD
of child safety seats
By Bryan Slaughter
Have you taken a good look at the
revised child safety seat recommenda-
The new guide-
tions? The new guidelines, released by lines are based
the American Academy of Pediatrics
(AAP) and the National Highway Traffic on age instead
Safety Administration (NHTSA), were
created through a better understand-
of seat type,
ing of what keeps children safe in car and generally
accidents.
The new guidelines are based on age
recommend
— instead of seat type — and generally that parents
recommend that parents keep their chil-
dren in each type of seat for as long as keep their chil-
possible before moving them up to the
next level. Here’s how they compare:
dren in each
type of seat for
Former GuideliNeS
Under 1 year: it was recommended
as long as pos-
or required that an infant be rear-facing. sible before mov-
Ages 1-4 (or up to 40 pounds):
Children should be in a forward-facing
ing them up to
safety seat with a five-point harness. the next level.
Ages 4-8 (or 40-80 pounds): Chil-
dren should be in a belt-positioning
booster seat.
Ages 8-12: Children should be
New GuideliNeS
placed in a belt-positioning booster
Under 1 year: Children should al- seat until they are large enough for a
ways ride in a rear-facing car seat. seat belt to properly fit (4’9”). A prop-
Ages 1-3: Children should be kept erly fitting seat belt will lie snugly across
rear-facing until as long as possible — the upper thighs, not the stomach. The laws is sufficient. However, rather than
defined as when they reach the seat shoulder belt should lie snug across the rely on your state legislature for how
manufacturer’s maximum weight or shoulder and chest and not cross the to best protect your child, do your own
height limitation. once that limit is neck or face. research and get educated.
reached, they should be placed in a Up to age 13: Children should stay
forward-facing seat with a five-point in the back seat until they are 13 years
harness. of age. — Bryan Slaughter is an attorney with
Ages 4-7: Children should be in a many parents may believe that com- MichieHamlett in Charlottesville, Virginia.
seat with a five-point harness as long plying with their state’s child restraints
as possible — until they reach the
seat manufacturer’s maximum weight
or height limitation. once that limit is
reached, they should be placed in a From your computer, enter the article From your smartphone,
ID in the search box at scan the tag using TagReader. For
belt-positioning booster seat.
thesafetyreport.com. Article ID: 2439 more information visit gettag.mobi.
62 / THE SAFETY REPORT / FALL 2011
The Nitty-Gritty on
By Larry E. Coben
Buying a Safe Car
The automotive marketplace is booming with new safety
gadgets. There are lots of choices, some of which make driv-
ing more fun and other features that make driving a bit safer.
To that end, here are a few options to consider as you ponder
your next vehicle purchase:
Stability Control and ABS - Both features can help drivers
retain control of their vehicles in dangerous situations. Stability
control is an essential feature for trucks and SUVs that have an
increased rollover risk.
Electronic Steering Control (ESC), Traction Control and
AWD - These features can also improve traction in poor
weather and off-road conditions. They are very useful in
areas with significant snowfall and poor snow removal and in
the rain.
Reverse Sensing - Reverse-sensing detectors or backup
cameras are helpful to prevent impacts with children or ob-
jects that might be below your line of sight.
Roll Stability Control - This reduces the risk of a vehicle
rollover in extreme cornering or evasive turning, especially for
vehicles that stand tall with a high center of gravity. The sys-
tem uses a gyroscopic sensor and the ESC system by braking
one or more wheels and reducing engine power.
Curve Control System (CCS) - This platform is an extension
of roll stability control. The system senses when you are enter-
ing a curve too quickly and automatically slows the vehicle
speed by reducing engine power and applies braking to the
four wheels.
Blind Spot Detection - This feature warns a driver that a
vehicle is in his or her blind spot — areas to the side and rear
of the vehicle outside the driver’s view. Sensors (camera, ultra-
sonic or radar) monitor the vehicle’s sides and rear for other
OT R
ON THE ROAD
vehicles approaching from behind and systems will also activate the seat belt night. It generates a video image in real
alert the driver with lights mounted in pretensioners, precharge the airbag time in either the head’s-up display or
either the side-view or rear-view mirrors systems and the brakes. on a screen in the instrument panel. The
or the door. Advanced Forward Lighting - This is potential safety advantage of night vi-
Automatic Crash Notification - Some a term used for lights that can automati- sion is in facilitating earlier detection of
manufacturers include systems that can cally adapt to changing driving condi- objects compared to headlamps alone.
automatically notify authorities in the tions (road and visibility). Some systems Tire Pressure Monitors - This feature
event of a crash. can swivel the main beams left and checks the tires’ air pressure and alerts
Forward Collision Warning - This right up to 15 degrees according to the the driver by voice, message or other
feature senses when the vehicle ahead vehicle’s travel path (angle of the curve) warning signal when a tire’s pressure
is slowing or stopped and alerts the and speed. This provides greater light- has dropped below a safe level.
driver of the risk of a possible crash. ing to the road ahead. Other systems
The system monitors the relative speed can automatically switch from high For more information, visit www.nhtsa.gov.
and following distance to the vehicle in beams to low beams when it detects an
front. When your vehicle gets too close approaching vehicle. — Larry E. Coben Esq. is an attorney with
to the vehicle in front, a signal (audible Night Vision - This helps drivers see Anapol Schwartz PC in Scottsdale, Arizona.
and/or visual) alerts the driver. Many people or animals in the distance at
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64 / THE SAFETY REPORT / FALL 2011
Commentary: By Pierce Egerton
ROUNDABOUTS CAN BE TRICKY
You know what a roundabout is, right?
It’s a circular intersection that’s been
touted by transportation officials as a
proven safety solution that reduces the
severity of crashes.
They slow traffic down, so that
makes sense.
Officials also say they reduce the
number of accidents. However, that
claim is open to debate.
In the eight months following a
roundabout opening in Raleigh, North
Carolina, 42 accidents took place. In
another example, a newspaper in Al-
bany, New York, reported that crashes
increased at 15 of the 20 roundabouts
constructed in the region.
The problem is that some roundabouts
are complicated and difficult to navigate.
Roundabouts fall into two catego-
ries: single-lane and multi-lane. lane roundabout. If there’s more than one lane, use the
It seems as though the multi-lane I observed two problems: Some driv- left lane to turn left, the right lane to
roundabout tends to confuse more driv- ers don’t understand who has the right turn right and all lanes to go through,
ers, especially right after they open as of way. And, with a wider, two-lane unless directed otherwise by signs and
it takes a bit more time to get used to roadway, drivers approach and enter pavement markings.
navigating it. At the Raleigh roundabout, the intersection much faster. Yield to pedestrians and bicyclists.
for example, crash counts were highest I even witnessed one close call Yield at the entry to circulating traffic.
in the first three months after it opened. in which an apparently very safety- Stay in your lane within the round-
I have had an unusually good oppor- conscious driver avoided being hit by about and use your right-turn signal to
tunity to observe drivers trying to tackle another car. indicate your intention to exit.
newly constructed roundabouts. In a All in all, roundabouts do improve Always assume trucks need all avail-
nearby small town, three roundabouts safety. According to the Federal able space — don’t pass them.
were built this year, each less than 100 Highway Administration, at locations in Clear the roundabout to allow emer-
yards from the other. Two are single- which these intersections are installed, gency vehicles to pass.
lane and one is multi-lane. there is more than a 90 percent reduc-
The single-lane roundabouts work tion in fatalities and a 76 percent And finally, keep an eye on the
great: one was built at the entrance to a reduction in injuries. Head-on and vehicles around you. Always expect
shopping center, where traffic jams were high-speed, right-angle collisions are the other driver to make a mistake. If
a daily problem and making a left turn virtually eliminated. you follow these directions, you stand
was near impossible at rush hour. Now Given this information, here are a good chance of being able to react
the traffic flow is smooth and drivers some guidelines to remember as you and prevent an accident.
seem to know intuitively what to do. drive through a roundabout. — Pierce Egerton is a partner with Egerton &
I can’t say it’s as calm at the multi- Slow down. Associates in Greensboro, North Carolina.
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about the firm
ChurchWyble PC, started in downtown Lansing in
1951 when Jesse D. Parks and Edgar L. Church joined to
practice law. In 1968, the firm of Church, Wyble, Kritselis
& Robinson PC moved to 3939 Capital City Blvd., Lansing,
MI, near the airport, and continued the tradition of serving
THE the legal needs of people in the Mid-Michigan area.
CHURCHWYBLE PC On November 2, 1998, ChurchWyble opened its new
office at 2827 E. Saginaw, Lansing, MI. Although its
LAW FIRM
location changed, the firm’s commitment to providing
CONGRATULATES quality legal services and protecting the rights of injured
people continues to be its #1 priority.
The lawyers at ChurchWyble specialize in areas of
personal injury which include medical malpractice,
wrongful death, automobile accidents, slip and falls,
nursing home injury, pharmacy/pharmacist negligence
and disability claims. We would be honored to help you, a
family member, or friend. Know your rights, let us help you
protect them.
Experienced and Aggressive Trial Attorneys Specializing
in Accidents Causing Serious Injury, Disability and
Wrongful Death
JAMES T. HEOS
The Best Lawyers in America, 2011
ARE YOU READY FOR
WINTER DRIVING?
Michigan roads can be extremely treacherous during the
winter months. As the snow approaches, review these
important tips provided by the Michigan Department of
Transportation:
• Slow down when you see or suspect ice or snow.
• Bridges and underpasses can be icy, even when the road
around them is dry.
• Avoid sudden stops, turns or lane changes.
DAVID S. MITTLEMAN • Road salt is less effective between 10 and 20 degrees
Fahrenheit, and completely ineffective below 10
Michigan Super Lawyers, 2011
degrees.
• When slush appears stiff and is thrown directly behind
LANSING PERSONAL INJURY LAWYERS the vehicle (rather than splashed to the side), icy
conditions are likely to develop.
PROTECTING THE RIGHTS OF
INJURED PEOPLE SINCE 1951 Also, have your car checked and winterized by a qualified
mechanic and always have plenty of gas in the tank before
heading out.
2827 E. Saginaw • Lansing, Michigan 48912
T (517) 372-1011 • TF (888) 227-4770 • F (517) 372-1031 By keeping these few points in mind, you can help keep
churchwyble.com our roadways safe for everyone.
CALL 911
IN AN
EMERGENCY
NON-EMERGENCY NUMBERS:
Michigan State Police
(517) 332-2521
http://www.michigan.gov/msp
Clinton County Sheriff
(989) 224-5200
www.clinton-county.org/LawJustice
/SheriffOffice.aspx
Eaton County Sheriff
(517) 543-3512
www.eatoncounty.org/departments
/office_of_the_sheriff.htm
Ingham County Sheriff
(517) 676-8205
www.ingham.org/sh/index.htm
Michigan DOT
(517) 373-2090
www.michigan.gov/mdot/
Poison Control Center
1(800) 222-1222
www.aapcc.org
SAFETY
IS OUR FIRST CONCERN
VISIT US ONLINE AT
www.churchwyble.com
or call us at 1 (888) 227-4770.