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Archive for November, 2009

Hopkins

Toyota Hurling Down the Highway

Published by John Hopkins in Defective Design, Motor Vehicle Accidents, Product Defect

Nearly a ton and a half of steel hurling its way down the road at 50 miles an hour suddenly lurches and begins to increase its speed; 60 mph, 70 mph, 75, mph, 80 mph. The driver applies the brakes in a frantic effort to slow the vehicle; it does not slow the vehicle. The vehicle continues to accelerate as the driver continues to try and control the tons of steel and the brakes continue to fail to slow the vehicle.

That is a reasonable picture of the descriptions given by drivers of various Toyota vehicles. Toyota recalled vehicles and blamed floor mats for sudden acceleration of the vehicles, which resulted in crashes. Although floor mats may be an easy…and cheap…fix, that does not seem to be the problem. There are reports coming in of vehicles suddenly accelerating with floor mats different from the mats Toyota claims is the culprit.

For its part, Toyota apparently continues to maintain that no problem exists with any Toyota vehicle in which the proper floor mats are installed. They say the wrong floor mats may be in as many as 3.8 million vehicles.

Toyota owners and drivers should beware of this defect. In the case of any sudden acceleration, drivers should:

  • Check your owner’s manual now to determine if you must lightly depress the brake  in order to shift the car to neutral
  • Shift the car to neutral
  • Apply the brakes evenly
  • Bring the vehicle to a stop
  • Shut off the ignition
  • Do not shut off the ignition until after you have come to a complete stop because you will lose power steering control and other functions allowing you to control the vehicle.

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Jack Hill

Justice for All? Not Always.

Published by Jack Hill in Medical Malpractice, Professional Liability

In his June 11, 1963 civil rights address, President John F. Kennedy confronted head-on the unfair treatment of African Americans in our society under our then-existing system of laws. President Kennedy, in imploring Congress to pass fundamental civil rights legislation, stated:

“…the old code of equity law under which we live commands for every wrong a remedy, but in too many communities, in too many parts of the country, wrongs are inflicted on Negro citizens and there are no remedies at law.”

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Unfortunately, President Kennedy’s reference to our system of justice having the ability to remedy every wrong states only an ideal, but, sadly, not reality. Sometimes the difference between principle and truth is the result of legislative inaction or by legislative activism. Perhaps the most glaring example of legislative activism stripping away the “guaranteed” rights of citizens to have both their day in court and a remedy for every wrong can be seen in the medical negligence arena.

Let us examine the following two hypothetical scenarios.

(more…)

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David Gilmore

To Vaccinate or Not for the H1N1 Virus

Published by David Gilmore in Miscellaneous

There has been a lot of talk about the H1N1 virus and now the H1N1 vaccine. Some say get the vaccine, some say it may be a health hazard. Who should you believe?

Vaccinations began in Florida recently and continue to be available for certain at risk populations. However, doctors precaution those seeking the H1N1 vaccine to make sure they understand the side effects. Dr. Brian Thornburg, pediatrician in Naples, Fla., recently submitted an article cautioning those receiving the H1N1 vaccine. He cites the National Institute of Health’s website which says the H1N1 vaccine is still undergoing safety trials and the vaccine is only in the phase two stage out of four phases. So what do we really know about the safety of this vaccine and why is the government continuing to distribute it while they are still studying its effectiveness?

Dr. Thornburg also states that the Center for Disease Control (CDC) and the Food and Drug Administration (FDA) claim the H1N1 vaccine and its side effects are “just like the regular seasonal flu shot.”  They claim the “safety and efficacy of the H1N1 vaccine is being researched and results will be available in the near future.” So what exactly is the “near future,” and does that mean the vaccine is presumably safe?

Regardless of the lack of scientific evidence about the H1N1’s safety, the CDC recommends that the vaccine should be initially administered to persons in the following five target groups:

  • pregnant women
  • persons who live with or provide care for infants aged 6 months or younger
  • health-care and emergency medical services personnel
  • persons aged 6 months to 24 years
  • persons aged 25-64 years who have medical conditions that put them at higher risk for influenza-related complications

The CDC also warns that, just like the regular flu strain, neurological complications can occur after a respiratory-tract infection with H1N1, including seizures and mental changes.  A concern was first raised in May 2009 when the Dallas County Department of Health and Human Services reported four children with neurological complications associated with H1N1 flu.

For the most part, the majority of reported cases have been mild or relativity the same severity as the common flu. The Center for Disease Control (CDC) also says that those exposed to the flu epidemic in 1957 may have some immunity to the H1N1 virus, explaining why older persons seem to have no symptoms or mild symptoms when exposed to the H1N1 virus.

The government is encouraging many children and adults to receive this vaccine without adequate safety studies as a result to the media hype. Please make sure you are fully informed before putting yourself or your family in potential jeopardy.

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