Bed Rail Entrapment as a Product Liability

Submitted by jrlaw on Oct 6th, 2009

In nursing homes, hospitals, and long-term care facilities, bed rail entrapment has become a serious issue as well as a product liability. Since 1985, the FDA has issued a safety alert on the potential dangers bed rails present. In 1999, the FDA assembled the Hospital Bed Safety Workgroup to monitor how to prevent death and injury from bed rail entrapment.

How can bed rail entrapment happen?
There are several ways to become trapped in bed rails. Individuals who weigh less are more prone to fall between gaps of the mattress and bed frame. Another factor to consider is an individual’s mobility. Here are some ways people are trapped in bed rails:

  • An individual’s head or other body part is caught between the bars on the side rail.
  • An individual can become stuck under the bed rail.
  • An individual can get caught between the bed rail and mattress.
  • Bed rail entrapment can occur when an individual is trapped under the end of the rail.
  • Healthcare patients can be trapped between the gaps of split rails.
  • A person can become trapped between the rail and the headboard or footboard.
  • An individual can get caught between the mattress and the headboard or footboard.


Philips Avalon Fetal Monitors Failed

Submitted by jrlaw on Oct 5th, 2009

The FDA reported numerous complaints of inaccuracies when using the Philips Avalon Fetal Monitors, Models FM20, FM30, FM40, and FM50 with the ultrasound transducer. In Septeber, Philips issued an Important Device Safety Alert. Inaccurate output readings may lead to unnecessary interventions, failure to identify the need for interventions, and failure to identify fetal distress. The complaints most commonly occur during the second stage of labor. Recognizing these conditions and responding appropriately is important to avoiding serious adverse health consequences. This error is being reported during the very crucial second stage of labor and a lack of notice about fetal distress could potentially be the difference between an emergency C-Section that ends with a healthy baby and a baby born with life-altering cerebral palsy. As our medical professionals on staff tell us, it's during this vital time when monitoring is crucial to preventing a prolapsed umbilical cord or other events that can end in injury or death. We are watching this situation as it develops and as always, we'll update as more information becomes available. Please if you see this pass this on to friends or family that might work in obstetrics healthcare or in Labor and Delivery in hospitals. We want don't want another child born hurt because a medical facility is using a faulty product or a doctor or nurse made a mistake.

Keeping your Child Safe During the School Year

Submitted by jrlaw on Oct 2nd, 2009

The school year is upon us once again, which means that school buses will be out in force each day of the week transporting precious cargo to and from home and school. School buses are the largest size of mass transit in the United States these days as they are responsible for 9 million student trips each year. There are roughly 500,000 school buses that transport 24 million children each day across the country. Since 1990, there have been 407,000 fatal traffic incidents in the United States and one third of one percent of those accidents involved school bus accidents. Since 1990, there have been 1,450 people killed in school bus accidents. Of those killed, 67 percent were from another vehicle, 25 percent were pedestrians or bicyclists, and nine percent were on the school bus at the time of the accident. Experts estimate that approximately 27 school-aged persons die in school bus accidents each year across the country. Seven of these people are in the school bus and 20 of them are pedestrians who have just exited the bus or are preparing to board the bus. According to, each year there are approximately 360 million bus passengers who travel a combined 28 billion passenger miles. There are two types of buses that can be involved in accidents; public and private buses. Public buses include those operated by cities and other organizations as part of mass transit.

ALERT - Toyota Recalls 3.8M Vehicles over Floor Mat Hazard

Submitted by jrlaw on Sep 30th, 2009

Toyota says it will recall 3.8 million vehicles in the United States to address problems with a removable floor mat that could interfere with the vehicle's accelerator and cause a crash.

The company says it will be the largest recall in its history. Owners could learn about the safety campaign as early as next week.

Toyota and the government warned owners of Toyota and Lexus vehicles about safety problems tied to the removable floor mats. They say the mats could interfere with the vehicle's accelerator and cause a crash.

Airborne National Guard Humvee, Car and Semi-truck crash, 3 Killed

Submitted by jrlaw on Sep 28th, 2009

Three people were killed in a six-vehicle crash caused by an airborne Nation Guard Humvee, which launched over a concrete median and into oncoming traffic. The fatal collision happened on Wednesday, on Interstate 35 in Troy, as reported by the Waco Tribune. The Texas Department of Public Safety reported the Humvee was traveling southbound in rainy conditions on I-35 when the military vehicle drifted off the side of the road, and then re-crossed the southbound lanes and went airborne. The military vehicle launched over the concrete median and hit a northbound black Toyota Corolla, and the cab of a tractor-trailer. The Humvee reportedly landed in the middle of the highway upside down. The tractor-trailer then jackknifed and hit an unoccupied pickup and the SUV it was towing, which were parked on the shoulder of the highway. A garbage compactor truck then hit the semi-truck. The driver of the Humvee, Altha Gibson, 21, of DeSoto was killed in the wreck. The driver of the 18-wheeler, Donald Johnson, 44, of Burleson; and the driver of the car, Douglas Aschcroft, 41, of Austin were also killed in the wreck. The driver of the trash compactor truck was reportedly uninjured in the wreck. Police officials state it is currently unknown how the Humvee went airborne. Police officials are reportedly conducting a full investigation into the fatal six-vehicle crash.

ALERT: Tylenol Recalls Liquid Children’s Medicines

Submitted by jrlaw on Sep 24th, 2009

The makers of Tylenol have recalled more than 20 types of children's and infant's medications as a precaution against possible contamination. The liquid products were being voluntarily pulled from stores and warehouses because bacteria were detected in one of the inactive ingredients, the company said.

The ingredient with the bacteria was not used in packaged Tylenol products sold in stores, but was manufactured at the same time. The company did not announce whether any children were affected by the medicines.

Company Sued for Not Notifying Diabetes Side Effects

Submitted by jrlaw on Sep 23rd, 2009

Eli Lilly & Co. agreed to settle, on confidential terms, lawsuits filed by seven states alleging the company improperly marketed its antipsychotic drug Zyprexa, a court-appointed official said.
Zyprexa, Lilly’s best-selling drug, has been the subject of federal and state investigations into whether the company marketed the medicine, approved for schizophrenia and bipolar disorder, for unapproved, or off-label, uses. Zyprexa, part of a class of medications called atypical antipsychotics, has been linked to excessive weight gain and diabetes. The lawsuits also claim Lilly failed to properly warn of Zyprexa’s side effects. Lilly agreed in October to pay a total of $62 million to 32 states and the District of Columbia to settle consumer protection claims over improper marketing.
If you have taken Zyprexa please contact us. We have medical staff that can assist us in reviewing your individual case at no cost to you.

ALERT: Just Fruit Recall

Submitted by jrlaw on Sep 23rd, 2009

Americas Favorite Nosher’s Inc. of Brooklyn, New York is recalling Nosher's Choice brand Just Fruit because it contained undeclared sulfites. Consumers who have severe sensitivity to sulfites run the risk of serious or life-threatening allergic reactions if they consume this product.

ALERT: Bicycle Chains and Chain Connector Links Recalled by SRAM Due to Fall Hazard

Submitted by jrlaw on Sep 21st, 2009

Washington, D.C. –The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. Name of product: 10 speed SRAM bicycle chains with powerlock connector links Units: about 24,000 Manufacturer: SRAM LLC, of Chicago, Ill. Hazard: The recalled powerlock connector links, used on bicycle chains, are brittle and can crack, allowing the chain to separate from the bicycle and posing a fall hazard to the rider. Sold at: Specialty bicycle retailer stores nationwide from January 2009 through August 2009. Powerlock connector links were sold separately for about $5 or as part of 10-speed chains for between $35 and $85. Manufactured in: Portugal Remedy: Consumers should immediately stop using the recalled powerlock connectors, chains and bicycles with these connectors and contact their SRAM retailer for a free replacement powerlock connector link. Consumer contact: For additional information, contact SRAM at (800) 346-2928 between 9 a.m. and 5 p.m. Monday through Friday ct or visit This alert is brought to you by Rasansky Law Firm.

Drunk driver pushes insurance company to pay the victim

Submitted by jrlaw on Sep 17th, 2009

KATU News reported a blind man struck on a sidewalk by a drunk driver who ran up on the sidewalk with his vehicle. The victim, Norman Larkin, has been blind since birth but now has to try and use a wheel chair for mobility. Although the drunk driver, Jack Alvord, has apologized and intends to join his victim in speaking against drunk driving in the future, Larkin will have to live with his injuries for the rest of his life. He had broken bones in eight places and had to have three months of care around the clock.

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