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December 2011 Archives

Historical civil verdict in tragic burn injury case

A Texas jury awarded a family a multi-billion dollar settlement in a civil case, the largest that this country has seen. An 8-year-old boy had suffered serious burn injuries on his birthday. Allegedly he was doused with gasoline and set on fire; an act that many believe was an intentional attack.

Dental surgery leads to death of the teenage patient

Recently, a 14-year-old Georgia teen was found dead in his room one day after going through wisdom tooth removal. The Sheriff's office and the Georgia Bureau of Investigation are still looking into the specific circumstances. Presently, there is no word on whether a medical malpractice case will be filed citing doctor negligence.

Spinal cord injury suffered by high school wrestler

Like traumatic brain injuries, severe spinal cord injuries can have a devastating impact on a person's quality of life. Recently, a star high school wrestler suffered a severe spinal cord injury recently while wrestling for his high school in a tournament. He now faces rehabilitation and medical expenses as a result. The 17-year-old wrestler is one of the top-ranked wrestlers in his state for his weight class.

Changes to commercial trucking restrictions stir safety debate

The Federal Motor Carrier Safety Administration (FMCSA) is currently is poised to revise hours-of-service rules in an effort designed to reduce truck accidents. The proposed changes include shortening a workday from 11 to 10 hours as well as modifying the mandatory 34-hour off period at the end of the week to include two rest periods of six or more hours between 12 a.m. and 6 a.m. The changes will have an effect beyond the congested highways of Atlanta and will likely be felt nationwide.

Litigating Defective Children's Products Cases

by Stephen L. Goldner Children represent the most vulnerable segment of society and arguably ought to receive even more protection than adults from harmful products. They can't read warning labels and are often attracted to the very things that pose the greatest risk for harm. If the manufacturers of toys and other children's products would follow the basic engineering/design principle of "First, design out any hazard," children would be a lot safer. Unfortunately, this principle is lost in today's world of mass marketing and internet commerce. Stores and warehouses are piled high with toys and juvenile products that fly off the shelves one day and are recalled the next. The Consumer Product Safety Commission (CPSC), pursuant to the Consumer Product Safety Act of 1972, is the federal regulatory agency that attempts to regulate virtually all children's products, with one major exception. Child safety seats (automobile car restraints) are regulated by the National Highway Traffic Safety Administration (NHTSA).[1] THE CONSUMER PRODUCT SAFETY ACT
The CPSA was enacted in 1972. It established the Consumer Product Safety Commission and defined the Commission's basic authority. It states that when the CPSC finds an unreasonable risk of injury associated with a consumer product, the CPSC can develop a standard to reduce or eliminate the risk. The CPSA also provides the authority to ban a product if there is no feasible standard and it gives the CPSC authority to pursue recalls for products that present a substantial product hazard.

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