Medtronic's Infuse Product is Bad to the Bone

You may remember the 2007 Medtronic recall of its heart defibrillator leads due to reports of at least five patient deaths.  Now Medtronic makes the news again with its Infuse Bone Graft. Shirley Nisbet, a California woman died after neck surgery, allegedly due to the use of Infuse, which is only FDA approved for spine surgery requiring a frontal approach to the lower backbone, called the lumbar spine. 

Products used other than specified and approved by the FDA are known as "off-label."  What's interesting here is that although doctors can use FDA approved products how they see fit, manufacturers are not allowed to promote off-label use of these products. In the case of Shirley Nisbet, the Medtronic sales rep was apparently present before and during the surgery, and encouraged Ms. Nisbet's surgeon to use the product.  What's also interesting is that although identified in the lawsuit, the surgeon is not a defendant.  The lawsuit holds Medtronic solely responsible for Ms. Nisbet's death.

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In Products Liability Cases, Let the Plaintiff Beware

There’s a strong argument, if not outright war, over the latest restatement of liability for product design cases.  This restatement basically absolves manufacturers from liability for defects unless plaintiffs can prove a reasonable alternative design.  In years gone by, strict liability protected the consumer.  Now the waters have been muddied with “risk-benefit tests” that balance the risk of injury against the benefit of the product.  In other words, plaintiffs must prove that the product’s inherent risks outweighed the benefits.  To add insult to injury, lengthy disclaimers from product manufacturers further add to the confusion.
 

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You Mean Off-road Vehicles Cause Death? Duh.

When it comes to government regulatory agencies, here’s my question:  What, if anything, do they actually DO?  As the Wall Street Journal article below mentions, until there are numerous problems, usually involving deaths and resulting lawsuits, many products go unnoticed by the Consumer Product Safety Commission.  And it takes a plethora of problems for these agencies to actually DO anything about the situation.
 

For example, the Yamaha Rhino, an off-road vehicle called a UTV (Utility Terrain Vehicle) has already been linked to 30 deaths.  Yet to date, there is no regulation for this extremely hazardous vehicle.

 

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Crane Safety Rules To Be Stricter

Finally Congress acts to require crane operators to pass a certification test.  This is the first baby step regulating cranes in over four decades. Yes, you heard  right  -  four decades!

See the full article below:


Feds to release new crane operator rules
Associated Press
Published Friday, September 19, 2008

WASHINGTON - The federal government is to announce it will require crane operators nationwide to pass a certification test in its first update of crane regulations in nearly four decades, officials said Thursday.

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Update on Sherman Bus Crash

There has been a lot of publicity about the devastating Sherman, Texas bus crash that happened Friday, August 8, killing 17 people and injuring dozens of others.  The Vietnamese Catholic group was headed to Carthage, Missouri to attend an annual religious festival, and sadly, their lives changed forever on the tragic journey.

As mentioned in a previous entry, the bus was operating illegally, and was owned by Iguala BusMex Inc., a Houston company that also operates as Angel Tours, Inc.  Immediately following the crash, federal officials ceased operations of both firms owned by Angel De La Torre of Houston.  Now due to further investigation by the Federal Motor Carrier Safety Administration, Liberty Charters and Tours of San Antonio was also banned from operation, as it uses buses considered unsafe that are owned and maintained by Angel Tours, Angel De La Torre and/or Iguala BusMex.  According to the order, "Angel De La Torre places its drivers and the motoring public at continued and substantially increased risk of serious injury or death."  Apparently, Liberty had also been cited for multiple safety violations this year alone. Investigations have uncovered that companies in South Texas operate under different names but often share or lease buses with each other.

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Putting the Brakes on Bus Accidents

I recently wrote about the tragic Sherman bus crash that occurred last Friday.   Now we can add two other major bus crashes to the list.  On Thursday, August 7th, a bus carrying workers to a casino in Primm, Nevada drove off a freeway, crashed into a guardrail and caught fire.  At least 25 people were injured, with three in critical condition.  On Sunday, August 10th, a Harrah's Casino bus was carrying 43 people from Tunica, Mississippi to the airport when it flipped over into a median at an intersection in Tunica, Mississippi. Three women were killed and 27 others were hospitalized.
 

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Sherman Bus Crash on Friday

My heart goes out to the victims and families of the tragic bus crash that occurred in Sherman yesterday, killing at least 16 people to date and injuring dozens of others.  The bus carried 55 members of a Vietnamese Catholic group on its way from Houston to Carthage, Missouri for an annual religious festival.  The passengers rested peacefully on their journey until just after midnight on Friday morning.  Then in a horrific twist of fate, the bus suddenly smashed into a guardrail, rolled off a bridge and fell twelve feet down an embankment near the Texas-Oklahoma state line.

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Car Safety Advocate's Plea For Preventing Children's Hyperthermia Deaths

The following are a letter from Janette Fennell, Founder and President of KidsandCars.org, and the KidsandCars.org newsletter. It’s astounding how many children have been killed as a result of non-traffic accidents this year.  I can’t fathom how anyone could leave their children in a hot car on a smoldering summer day, but apparently these accidents are still prevalent in this country.  Janette’s plea is a kind one; she assigns no blame. Rather, she chooses to educate and urge us to be on the lookout for children or pets left in cars, and work towards viable solutions for this growing problem.
Hello:
 
This has been a very difficult summer.  So many precious little lives have been lost.  Unfortunately there have been 23 hyperthermia deaths already this year, 48 backover deaths and a total of 110 children killed due to nontraffic incidents.  Despite our efforts and accomplishments, children are still being harmed in and around motor vehicles. 
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Democrats Take A Stand On Crane Safety

The recent crane accident scourge sweeping the country has finally made the government take notice.  The Democrats are now strongly urging OSHA to do something about the gross lack of safety regulations of construction site cranes.  Read the July 25, 2008 Wall Street Journal article on this topic in its entirety below:
 
Democrats Seek Tougher Crane Safety Standard as Deaths Mount
By KRIS MAHER
July 25, 2008; Page A3

Crane-related fatalities continued to mount, with six deaths in the past week, prompting Democrats in Congress to push for an enhanced federal safety standard and put more pressure on the agency charged with overseeing workplace safety.


A crane holding a church steeple collapsed Thursday in Oklahoma City, crushing a car and killing the man inside it.


An elderly man who was in his car watching a church steeple being assembled in Oklahoma City Thursday was killed when the boom of the crane fell on the car, according to a local fire-department official.
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Long Overdue Crane Safety (Aug 2 NY Times op ed)

Regulators should turn their attention to preventing casualties, not more after-the-disaster analysis.  Think about it, not since 1971 have crane regulations been updated.  Unfortunately, over 80 people a year since then have died in construction site crane accidents.  Presumably, many of those tragedies could have been avoided if someone at OSHA cared. Continue Reading...

The American Crane Collapse Crisis

On July 30, 2008, while an old bridge was being torn down over the Colorado River in Smithville, Texas (near Austin) a construction crane became overloaded with steel beams and toppled over.  The crane then smashed into a manlift basket holding two workers.  It killed 47-year-old James Michael Miles of North Richland Hills, Texas, and injured the other worker.  Mr. Miles fell approximately 60 feet from the top of the bridge, landed on construction equipment and died. Continue Reading...

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