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EPA IMPLICATES FRACKING IN WATER POLLUTION,    Posted by Mitchell J. Alter, Partner on December 15, 2011

The U.S. Environmental Protection Agency, www.epa.gov/, announced recently for the first time that fracking, a controversial method of improving the productivity of oil and gas wells, may be to blame for causing groundwater pollution.

Fracking, involves pumping pressurized water, sand and chemicals underground to open fissures and improve the flow of oil and gas to the surface. 

The EPA found that compounds associated with fracking chemicals had been detected in the ground water beneath a Wyoming community where residents say their well water reeks of chemicals.

Health officials advised residents not to drink their water after EPA found hydrocarbons in the wells.

The chemicals injected underground in the fracking process used by oil and gas companies are not publicly disclosed under the guise of trade secrets. Fracking chemicals used need to be disclosed to maintain the safety of our drinking water. 

Just another instance of big business having their way to the detriment of the 'little people'.

_______________________________________

TRICK OR TREAT.  POSTED BY MITCH ALTER, PARTNER AT VICKERY, RIEHL & ALTER.  OCTOBER 25, 2011

********************************************************
FOR IMMEDIATE RELEASE
October 24, 2011
Release #12-018

CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

CPSC Provides Three Steps to a Safe Halloween Celebration

WASHINGTON, D.C. - From a fall resulting in a dislocated shoulder, to an open flame resulting in second degree burns, each year CPSC receives reports of injuries involving Halloween-related costumes, décor, and lighting. These incidents are preventable. Using CPSC's three-step safety check at http://www.cpsc.gov/cpscpub/prerel/prhtml12/12018.pdf, consumers can ensure that their fright night fun is not haunted by Halloween injuries

"Too often Halloween make believe has resulted in real life injury," said CPSC Chairman Inez Tenenbaum. "Fortunately, prevention is simple. Choose flameless candles, flame-retardant materials, and well-fitting costumes to reduce the risk of injury this Halloween."

With CPSC's quick and easy Halloween safety check and just five minutes of inspection, consumers can avoid problems that previously have plagued the trick-or-treat trail. This safety check will help consumers to: (1) prevent fires and burns, (2) ensure that kids can see and be seen, and (3) outfit kids for safety.

Halloween-related incidents can involve a number of hazards, including burns from flammable costumes that come into contact with open flames-particularly candles used to illuminate jack-o-lanterns; falls and abrasions from ill-fitting costumes, shoes, and accessories; and fires caused by burning candles left unattended, near combustible decorations or knocked over by kids and pets.

The federal Flammable Fabrics Act (FFA) requires costumes sold at retail to be flame-resistant. To prevent costume-related burns, CPSC enforces this requirement and recalls costumes and other products that violate the FFA. When making a costume at home, CPSC encourages consumers to use fabrics that inherently are flame resistant, such as nylon and polyester.

According to the National Fire Protection Association (NFPA), Halloween ranks among the top 5 days of the year for candle-related fires. To prevent candle fires, CPSC encourages consumers never to leave a burning candle unattended. Battery-operated flameless candles and other flameless lighting are safe alternatives to traditional candles.

Unique jack o' lanterns and creatively-carved pumpkins are a new popular trend. Read CPSC's OnSafety blog on pumpkin-carving injuries and how to prevent them at http://www.cpsc.gov/onsafety

Additional safety tips to help make this year's holiday safe:

Decorations
* Keep candles and jack o' lanterns away from landings and doorsteps, where costumes could brush against the flame.
* Remove obstacles from lawns, steps, and porches when expecting trick-or-treaters.
* When indoors, keep candles and jack o' lanterns away from curtains, decorations, and other items that could ignite. Do not leave burning candles unattended.
* Whether indoors or outside, use only decorative light strands that have been tested for safety by a recognized testing laboratory. Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections. Discard damaged sets.
* Don't overload extension cords.

Costumes
* When purchasing costumes, masks, beards, and wigs, look for flame-resistant fabrics, such as nylon or polyester; or look for the label "Flame Resistant." Flame-resistant fabrics will resist burning and should extinguish quickly. To reduce the risk of contact with candles and other fire sources, avoid costumes made with flimsy materials and outfits with big, baggy sleeves, large capes, or billowing skirts.
* Purchase or make costumes that are light colored, bright, and clearly visible to motorists.
* For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks also should be light-colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle, and sporting goods stores.
* Children should carry flashlights to be able to see and to be seen.
* To guard against trips and falls, costumes should fit well and not drag on the ground.
* Children should wear well-fitting, sturdy shoes. High heels are not a good idea.
* Tie hats and scarves securely to prevent them from slipping over children's eyes and obstructing their vision.
* If your child wears a mask, make sure it fits securely, provides adequate ventilation, and has holes for eyes large enough to allow full vision.
* Swords, knives, and similar costume accessories should be made of soft, flexible material.

Treats
* Children should not eat any treats before an adult has examined them carefully for evidence of tampering.
* Carefully examine any toys or novelty items received by trick-or-treaters who are younger than 3 years of age. Do not allow young children to have any items that are small enough to present a choking hazard or that have small parts or components that could separate during use and present a choking hazard.

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While Assailing Driving Distractions, Automakers Pack in Tempting Gadgets

By Myron Levin on September 22, 2011

(iStockphoto)

Saying it is "passionate" about the safety of young drivers, Ford Motor Co. is sponsoring clinics at U.S. high schools to urge teens to heed traffic laws and avoid distractions behind the wheel. The auto giant, as part of its "Driving Skills for Life" program, also recently awarded $25,000 to students who created the best music video about the hazards of distracted driving.

Likewise, BMW has launched 'Don't Text and Drive,' a series of ads to dramatize the risks of distracted driving. And the Alliance of Automobile Manufacturers, an industry trade group, is teaming with the American Academy of Orthopaedic Surgeons in a similar campaign.

Through efforts like these, automakers are positioning themselves as leaders in the fight against distracted driving, which federal authorities estimate caused 5,474 deaths in 2009, including 995 from using cellphones.

But even as they tell drivers to act responsibly and pay attention to the road, the companies are seeking to pump up sales by packing their new models with cutting-edge infotainment systems that encourage multi-tasking behind the wheel.

This story also published by:
Albany Times Union
Houston Chronicle
Industrial Safety & Hygiene News
Mother Jones
TucsonSentinel.com

Ford's SYNC system, for example, enables drivers to use voice commands and touch screens to make and receive calls, listen to their text messages, and choose from a menu of replies. BMW's ConnectedDrive provides calling, e-mail and text read-backs, and displays headlines of the messages on a screen.

General Motors strutted its stuff with a Super Bowl ad of a young Chevy Cruze owner whose face lights up as he drives away and plays back the Facebook message: "Best first date ever...''

Auto executives are counting heavily on arresting, high-tech features to boost sales, especially to younger buyers. David Mondragon, president of Ford Canada, put it bluntly: "The biggest turnoff to a twentysomething consumer is to put their life on hold when they sit in a car," he said in a speech to the Canadian Marketing Assn., according to an account in The Globe and Mail.

"And what does it mean to put their life on hold? To get disconnected when they get in the car, to have a system that will not allow you to sit there and e-mail, read your BlackBerry, talk on the phone. So you have to have a seamless transition from your home to your transportation device, to your workspace. Or to your play space." (Mondragon, through a spokeswoman, declined to be interviewed.)

Safety officials are worried about the trend. "I'm not in the business of helping people Tweet better," groused David Strickland, head of the National Highway Traffic Safety Administration, or NHTSA, in a speech at a national conference in June.

Critics say that in highlighting distracted driving, automakers are hoping to inoculate themselves against tough scrutiny of their built-in systems. "The best defense is a good offense," said Clarence Ditlow, executive director of the Center for Auto Safety in Washington, D.C. "One has to watch what auto companies do, versus what they say. While they say distracted driving is unsafe, they are making hundreds of millions of dollars by selling distracted driving technology."

Industry officials, however, deny they are sending a mixed message about distracted driving. They say that drivers are so intent on staying connected that telling them to turn off their devices is a lost cause. By giving motorists built-in connections that are simpler and less distracting than portable devices such as cellphones and GPS, they say they are making the roads safer.

"Given that the driver has decided they are going to do something, it's better to be doing it with their eyes on the road and their hands on the wheel," said Louis Tijerina, senior technical specialist in research and advanced engineering at Ford.

In fact,"Eyes on the road, hands on the wheel," has become an industry mantra, particularly for Ford. More than a marketing slogan, it presents a fundamental challenge to the long-held precept that distraction involves not only the eyes and the hands, but the mind.

NHTSA's official position, backed by a body of research, is that there are three types of distraction: visual, manual and cognitive. That is, even when a motorist is looking straight ahead, the cognitive demand of a phone conversation may cause "inattention blindness," or a failure to respond to visual cues because the mind is somewhere else.

The evidence includes a study by the Insurance Institute for Highway Safety that found that drivers are four times more likely to crash when they are talking on the phone, whether using a hand-held or hands-free device.

Researchers at the University of Utah found that cellphone conversations slow drivers' reactions as much as having a blood alcohol level at the legal limit of .08 percent. Moreover, in some fatal cellphone crashes, there is anecdotal evidence that drivers were simply talking - not dialing or groping for their phones.

However, automakers say that drivers have always multi-tasked, and can do it safely if they keep their eyes on the road. They have drawn ammunition from other research, including studies by the Virginia Tech Transportation Institute. These studies have found that visual and manual tasks can be serious distractions, but that there is little crash risk when drivers have their eyes on the road, "regardless of any other 'cognitive demand,' " as one paper put it.

Even if on-board systems are better than portable devices, there is a question of whether they will become an ever-present temptation and cause drivers to "spend more time distracted in some way," said Adrian Lund, president of the insurance institute.

"The honest answer is, we don't know. This is an experiment we're all in."

The experiment is taking place in a regulatory vacuum, since there are no regulations to draw the line on electronic distractions.

Federal safety rules dictate the minimum strength of vehicle roofs and door latches, the performance of seat belts and airbags, the brightness of headlamps and stopping power of brakes. But when it comes to the design of electronic systems, vehicle makers are completely on their own.

It's been that way since NHTSA, a decade ago, challenged the industry to use its best judgment and do the right thing. As Jeffrey Runge, NHTSA administrator during the George W. Bush presidency, put it in 2003: "We cannot regulate fast enough to keep up with technological advances, nor would we want to. This administration will always prefer voluntary brilliance to enforced compliance."

"I understand that people get bored, they have other things they want to do, but they can pull over and do those without endangering the public."

1.  
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      • Amana
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      • After an investigation that lasted nearly two years, Kia has agreed to recall about 10,600 of its 2007-8 Sorento crossover S.U.V.'s because the passenger air bag may not work.
      • Hyundai, Kia's parent company, is recalling 205,000 Veracruz and Santa Fe crossover S.U.V.'s from the 2007-8 model years because the driver's air bag may not deploy. In a letter filed with the agency, the automaker said that a spring in the air-bag assembly could wear, which could prevent the air bag from deploying in a crash. Hyundai said it was not aware of any accidents in which the air bag failed to deploy as a result of the defect.
      • Honda said it was recalling roughly 311,000 Pilots from the 2009-11 model years. In a crash, the S.U.V.'s front seat belts may not restrain occupants. Honda says the stitching "may be incomplete or missing" on the lap section of the front belts and "in a crash, affected seat belts may become disconnected from the anchor webbing, increasing the risk of injury."
      • Volkswagen is recalling about 30,000 of its redesigned Jettas from 2011-12 because an optional stainless steel exhaust tip may be too long, making it possible for a passerby to receive a burn. Volkswagen said it learned of the problem in July after several owners complained of injuries.
      • The agency has upgraded its investigation into headlights that fail intermittently on 622,000 Chrysler and Dodge minivans from the 2005 model year.
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   - Henry Jasny, Advocates for Highway and Auto Safety

   Automakers responded by developing a set of voluntary guidelines. Among other things, they call for placing displays high enough that drivers can see them and scan the road at the same time.

   They also provide that electronic tasks be simple enough that drivers can perform them without looking away from the road for more than two seconds at a time. That means that the most complex tasks, such as typing requests for directions, may be locked out when a car is in motion. Even so, a car traveling at 60 miles per hour covers 176 feet in two seconds - plenty of time for a deer, or a child, to run onto the road.

   There has never been an independent review of the guidelines, nor monitoring of the companies' compliance.

   But under Transportation Secretary Ray LaHood, who has called distracted driving "a deadly epidemic," federal authorities are becoming more active.

   NHTSA is developing its own set of guidelines, and this fall plans to publish the first phase - addressing visual and manual distractions. Guidelines for voice controls and portable devices will be covered in future phases. Portable electronics pose a special challenge because NHTSA has no legal authority over devices drivers bring into their cars.

   But some fear it may be too late for regulators to assert control.

   Henry Jasny, vice president and senior counsel for Advocates for Highway and Auto Safety, said that as long ago as the 1990s, his group urged NHTSA to prepare for an onslaught of high-tech electronics. Now, they've let ''the animals get out of the barn," said Jasny, "and it may not be possible to get them back in."

   Meanwhile, automakers say that work by the Virginia Tech Transportation Institute has shown they're on the right track.

   The Blacksburg, Va., research center has extensive contracts with federal transportation agencies and private clients, including several automakers. For example, GM and Ford hired it to compare the safety of drivers using their built-in systems instead of portable devices. The built-in systems came out on top, and both automakers issued press releases to tout the favorable results.

   The institute has pioneered the use of "naturalistic studies,'' conducted by mounting cameras and sensors in vehicles to see what drivers were doing at the time of crashes, near-crashes, or lesser incidents such as veering out of lanes.

   While the studies confirmed risks from drivers using electronic devices, they found that nearly the entire risk stems from dialing, texting or reaching for a phone or other device - and almost none of it from talking.

   In one study of commercial truck and bus drivers, researchers reached the provocative conclusion that wireless conversations had a "protective effect." That is, the crash risk dropped when drivers were on the phone.

   The institute prepared safety tips that are posted on the website of the Federal Motor Carrier Safety Administration, which regulates commercial trucking. One of them is: "Turn Off Your Cell Phone While Driving." Rich Hanowski, director of the institute's Center for Truck and Bus Safety, said that in light of the institute's research findings it will recommend softening the warning. (The National Transportation Safety Board earlier this month reached a much different conclusion, recommending that the motor carrier agency prohibit use of cellphones by commercial truckers.)

   But to suggest "there's no such thing as cognitive distraction...is obviously not right," said David Strayer, a University of Utah researcher and co-author of the study that compared cellphone use with having a blood alcohol level of .08. "They're really postulating a model that would run counter to the way we, as cognitive scientists, know how the brain works."

   Safety groups insist the best advice for drivers is still to turn off their devices.

   "We just don't get why people should be encouraged not to pay attention to the driving task," Jasny said.

   "I understand that people get bored, they have other things they want to do, but they can pull over and do those without endangering the public."

   • Impaired driving
   • Too many passengers
   • Driving at night
   • Speeding
   • Loud music
   • Eating
   • Cell phones
   • Bad weather

   - Henry Jasny, Advocates for Highway and Auto Safety

   Automakers responded by developing a set of voluntary guidelines. Among other things, they call for placing displays high enough that drivers can see them and scan the road at the same time.

   They also provide that electronic tasks be simple enough that drivers can perform them without looking away from the road for more than two seconds at a time. That means that the most complex tasks, such as typing requests for directions, may be locked out when a car is in motion. Even so, a car traveling at 60 miles per hour covers 176 feet in two seconds - plenty of time for a deer, or a child, to run onto the road.

   There has never been an independent review of the guidelines, nor monitoring of the companies' compliance.

   But under Transportation Secretary Ray LaHood, who has called distracted driving "a deadly epidemic," federal authorities are becoming more active.

   NHTSA is developing its own set of guidelines, and this fall plans to publish the first phase - addressing visual and manual distractions. Guidelines for voice controls and portable devices will be covered in future phases. Portable electronics pose a special challenge because NHTSA has no legal authority over devices drivers bring into their cars.

   But some fear it may be too late for regulators to assert control.

   Henry Jasny, vice president and senior counsel for Advocates for Highway and Auto Safety, said that as long ago as the 1990s, his group urged NHTSA to prepare for an onslaught of high-tech electronics. Now, they've let ''the animals get out of the barn," said Jasny, "and it may not be possible to get them back in."

   Meanwhile, automakers say that work by the Virginia Tech Transportation Institute has shown they're on the right track.

   The Blacksburg, Va., research center has extensive contracts with federal transportation agencies and private clients, including several automakers. For example, GM and Ford hired it to compare the safety of drivers using their built-in systems instead of portable devices. The built-in systems came out on top, and both automakers issued press releases to tout the favorable results.

   The institute has pioneered the use of "naturalistic studies,'' conducted by mounting cameras and sensors in vehicles to see what drivers were doing at the time of crashes, near-crashes, or lesser incidents such as veering out of lanes.

   While the studies confirmed risks from drivers using electronic devices, they found that nearly the entire risk stems from dialing, texting or reaching for a phone or other device - and almost none of it from talking.

   In one study of commercial truck and bus drivers, researchers reached the provocative conclusion that wireless conversations had a "protective effect." That is, the crash risk dropped when drivers were on the phone.

   The institute prepared safety tips that are posted on the website of the Federal Motor Carrier Safety Administration, which regulates commercial trucking. One of them is: "Turn Off Your Cell Phone While Driving." Rich Hanowski, director of the institute's Center for Truck and Bus Safety, said that in light of the institute's research findings it will recommend softening the warning. (The National Transportation Safety Board earlier this month reached a much different conclusion, recommending that the motor carrier agency prohibit use of cellphones by commercial truckers.)

   But to suggest "there's no such thing as cognitive distraction...is obviously not right," said David Strayer, a University of Utah researcher and co-author of the study that compared cellphone use with having a blood alcohol level of .08. "They're really postulating a model that would run counter to the way we, as cognitive scientists, know how the brain works."

   Safety groups insist the best advice for drivers is still to turn off their devices.

   "We just don't get why people should be encouraged not to pay attention to the driving task," Jasny said.

   "I understand that people get bored, they have other things they want to do, but they can pull over and do those without endangering the public."

   

   

   ____________________________________

   SOCIAL MEDIA AND INSURANCE CLAIMS.   Posted by Mitch Alter, Partner at Vickery, Riehl & Alter.  October 19, 2011

   Due to rising premiums and the prevalence of insurance fraud, insurers are being more proactive in seeking out information to determine the legitimacy of the claim. According to the South Florida Sun Sentinel, insurers have started to prod the social media accounts of claimants, searching for information that could discredit or validate a filed auto accident claim. Customers can defraud insurance companies by making false claims about accidents or inflating the value of stolen or damaged items.

   As told by the Sun Sentinel, there have been multiple instances where this practice has paid off for insurance companies. A St. Lucie County woman filed a claim stating that her car had been in a hit-and-run accident, but after a quick look at her Facebook page, the insurance company saw posts indicating that her daughter had caused the accident. In addition to discovering fraudulent claims, insurers can also use social media sites to confirm legitimate claims. For example, a woman's pictures did not show significant damage to her car but a check of her Facebook page showed periodic updates on her condition as well as "get well" posts from her friends.

   Even if a customer's social media profile is private, courts are permitted to approve orders allowing access to the profile for a limited time. Though the surveying of customers' social media accounts is only currently legally allowed to be used to question the validity of claims, it may be used in the future to calculate premiums. It is argued by some that if an insurer could search through the social media pages of potential clients it could better determine the level of risk posed by insuring an individual. Some feel that this could possibly lead to lower premiums for policyholders, but there is lively discussion as to whether this overreaches the bounds of an individual's privacy.

   Though some accidents are exaggerated or fraudulently reported by policyholders, serious auto accidents are not uncommon and often lead to debilitating injuries or premature death. If you have been in an auto accident that occurred due to the negligence of another driver or external factors like road conditions or signage problems, you may be entitled to receive compensation for your losses

    _______________________________________________________

   NATIONAL TEEN DRIVER SAFETY WEEK.    Posted by Mitch Alter, Partner at Vickery, Riehl & Alter.  October 19, 2011                                                        
   

   By MADD | October 18, 2011| Filed in: Power of Parents , Underage Drinking

   Parents often worry about their kids' safety, but they have good reason to be concerned when their teen gets behind the wheel. Young, inexperienced drivers are the most crash-prone drivers on the road. In fact, traffic crashes are the number one cause of death for American teenagers.

   Know the risks
   Risks that contribute to traffic crashes involving teens are:

   Help your teen beat the odds
   Driver education classes are just the beginning. Coach your teen about roadway hazards and safe driving principles. Don't just talk about them at the kitchen table; get in the car together and see what your teen is doing.

   Enforce limits
   Chances of a fatal crash increase with each additional passenger, and the risks are greatest at night and on the weekends. Limit the number of passengers your teen has in the car and limit nighttime and weekend driving.

   Follow the law
   Most states offer graduated driver licensing (GDL), an approach that phases in privileges for new drivers. Starting with driving in less hazardous situations, beginning drivers are not allowed to drive at night or with teen passengers in their vehicle. Only when they have gained experience are they allowed to "graduate" to drive in these more risky situations. Parents need to be aware of the laws in their state and make sure that their teens obey them. GDL programs prevent about one in five crashes for 16-year-old drivers.

    

    

    

   ______________________________________________________

   OHIO TANK COMPANY FINED NEARLY 4 MILLION DOLLARS FOR HAZARDOUS SAFETY STANDARDS.   Posted by Mitch Alter, Partner at Vickery, Riehl & Alter on October 11, 2011.

   FMCSA 32-11
   Friday, October 7, 2011
   Contact: Candice Tolliver
   Tel: 202-366-9999 or 202-306-4580

   FMCSA Fines American Welding & Tank Company Nearly $4 Million for Violating Federal Hazardous Materials Safety Standards

   WASHINGTON - The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today announced $3,876,000 in fines against American Welding & Tank, LLC (AWT) of Fremont, Ohio for violating federal hazardous materials safety standards. The company was fined for manufacturing and selling unsafe nurse tanks - a type of cargo tank used to store and transport anhydrous ammonia, a hazardous material used in farming operations.

   "Safety is our highest priority, and we are committed to protecting motorists from accidents involving the transport of hazardous materials," said Transportation Secretary Ray LaHood. "We are sending a strong message that companies will face serious consequences when they do not make safety a top priority."

   FMCSA conducted a thorough safety investigation of AWT's Fremont manufacturing plant following reports of safety defects with recently manufactured nurse tanks. After investigating the company's welding practices and safety records, FMCSA discovered a clear pattern of AWT failing to manufacture, maintain, repair and sell nurse tanks that meet federal hazardous materials safety standards.

   "When cargo tank manufacturers are not living up to federal safety standards, we will take action," said FMCSA Administrator Anne S. Ferro. "Our agency is committed to using every resource available to keep our roads safe and save lives."

   For more information on federal safety regulations for cargo tank manufacturers, as well as truck and bus companies transporting hazardous materials, visit the agency's website at www.fmcsa.dot.gov

   ________________________________________________

   PROPOSAL TO REDUCE HOURS OF SERVICE ON THE ROAD FOR TRUCKERS TO PREVENT 'SLEEPY DRIVER CRASHES'.  Posted by Mitch Alter at Vickery, Riehl & Alter.  October 11,2011

   Republican members of the House Transportation committee have vowed to work "aggressively" to prevent changes in the current Hours-of-Service rules that would lead to shorter road hours for commercial truck drivers. The Federal Motor Carrier Safety Administration is considering a rule that would reduce the limit for commercial drivers to the prior 10 hours. (The current limit is 11 hours.) The FMCSA is set to announce any HOS rule changes on October 28.

   

   Rep. John Mica (Republican, Florida), along with two subcommittee chairmen, sent President Obama a letter on September 23 warning they would take action against any HOS changes, but failed to specify what they would do.

   The congressmen wrote that they are "very concerned the proposed changes will result in additional trucks and drivers on the road to deliver the same amount of freight, adding to final product costs and increasing congestion." They also pointed to "a reduction in severe and fatal crashes involving large trucks, even as truck mileage has increased by almost 10 billion miles" since the HOS cap rose to 11 hours.

   Meanwhile, the Teamsters Union supports the proposed HOS change, because, according to Fred McLuckie, the labor organization's legislative director, it would force carriers to hire new drivers, thus creating as many as 40,000 new much-needed jobs. Highway safety advocates also support the proposed change.

   _______________________________________

   TRACTOR TRAILER OPERATOR MUST BE TESTED FOR ALCOHOL BY EMPLOYER FOLLOWING FATALITY.   Posted by Mitch Alter, Partner at Vickery, Riehl & Alter.  Posted October 06, 2011

   Federal Regulations governing interstate commerce require under section 382.303 that the operator of a tractor-trailer be tested for alcohol and controlled substances if he was involved in an accident involving the loss of human life, or if medical treatment was rendered to a victim away from the scene as a result of the accident, or if one of the vehicles involved incurred disabling damage requiring a tow away and the trucker was cited.  The testing must be performed by the employer to comply with the law.

   ______________________________________

   JCPENNY CRIBS RECALLED DUE TO ENTRAPMENT AND SUFFOCATION HAZARDS,  Posted by Mitch Alter , Partner at Vickery, Riehl & Alter.  October 06, 2011

    Report an Unsafe Product: http://SaferProducts.gov
   
   ********************************************************
   
   FOR IMMEDIATE RELEASE
   October 5, 2011
   Release #12-003
   
   Firm's Recall Hotline: (877) 806-8190
   CPSC Recall Hotline: (800) 638-2772
   CPSC Media Contact: (301) 504-7908
   
   Yu Wei Recalls Drop-Side Cribs Sold Exclusively at jcpenney Due to Entrapment and Suffocation Hazards
   
   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. It is illegal to resell or attempt to resell a recalled consumer product.
   
   Name of Product: Drop-Side Cribs
   
   Units: About 8,000
   
   Importer: J. C. Penney Purchasing Corp., of Plano, Texas
   
   Manufacturer: Yu Wei Co. Ltd., of Taipei, Taiwan
   
   Hazard: The drop-side rails on the crib can malfunction, detach or unexpectedly fall down, causing part of the drop side to fall out of position. When this happens, a space is created into which an infant or toddler can roll and become wedged or entrapped, which can lead to strangulation or suffocation. A child can also fall out of the crib. Drop-side incidents can also occur due to incorrect assembly and due to age-related wear and tear.
   
   Incidents/Injuries: CPSC and the firms are aware of nine incidents involving drop side rails that malfunctioned or detached, including one report of a child who sustained minor abrasions to the arm.
   
   Description: This recall involves Yu Wei full-size cribs sold under the Scroll and Lauren model names. The cribs were sold in antique white, pecan and dark cherry, and have the following model numbers and date codes listed on the inside of the crib's end panels.
   
   Model # | Description | Date Code Between
   343-8225 | Scroll Crib | 01/2006-12/2010
   343-9117 | Lauren Crib | 01/2007-12/2010
   
   Sold at: jcpenney.com and in the jcpenney catalog from January 2006 through December 2010 for between $300 and $450.
   
   Manufactured in: Taiwan
   
   Remedy: Consumers should immediately stop using the recalled cribs and contact Yu Wei to get a free immobilizer kit that will immobilize the drop side. In the meantime, parents are encouraged to find an alternate, safe sleep environment for the child, such as a bassinet, play yard or toddler bed depending on your child's age.

    

    ________________________________________________________

   Rig, SUV Collide Along I-70, Killing 2  Posted by Mitch Alter, Partner at Vickery, Riehl & Alter

   Monday October 3, 2011 10:07 PM
   UPDATED: Tuesday October 4, 2011 7:45 AM

   COLUMBUS, Ohio - Two people were killed on Monday night when a tractor-trailer and SUV collided on the Far East side.
   
   The crash occurred shortly after 9:30 a.m. along Interstate 70, near Brice Road, 10TV News reported.
   
   According to investigators, a tractor-trailer that was heading west along I-70 crossed over the median and into oncoming traffic, before striking an SUV that was traveling east.
   
   The drivers of both vehicles were pronounced dead at the scene, 10TV News reported. Both victims were men but their identities were not immediately released.
   
   The eastbound lanes of I-70 were closed at I-270. The interstate completely reopened shortly before 6 a.m. but the ramp from Brice Road to I-70 east was closed.

    

   __________________________________________ 

   TRUCK CRASHES/ EVENT DATA RECORDERS  Posted by Mitch Alter at Vickery, Riehl & Alter on Ocotber 4, 2011

   Data Recording Devices are found in many tractor trailors today. Data retrieved from on board vehicle computers can at times be the only means of ascertaining accident causation under certain circumstances, ie., when fatalities occur. One case involved a sole survivor, the truck operator, who alleged the deceased driver of the passenger car was at fault. The data recorder in his truck proved otherwise.

   What you may not know is that legislation limits the period of time that the data contained in the truck recorder must be saved. We have handled cases where the trucking company has destroyed the data outside the six month period even when they were aware of multiple deaths, and pending litigation.

   Do not trust the promises of the insurance company that they will retain all evidence and treat the victim fairly. Their bottom line is to save costs, and the trucking company will not voluntarily produce any information unless forced to.

   The trucking company and their insurers will be on the scene of the crash at the same time of the investigating police agencies. They are not in a search for the truth, but are looking for reasons, or defenses, why they should not pay.

   Please visit our website and contact our law firm. We have vast experience in holding the trucking companies and their insurers accountable. We often find violations of the Federal Motor Carrier Safety Regulations, which played a role in causing the catastrophy.

   Helpful resource links include www.safersys.org. www.fmcsa.dot.gov. www.ntis.gov

   _________________________________

   4.625 MILLION DOLLAR SETTLEMENT FOR TRUCK CRASH CASE AWARDED TO TRUCK LITIGATION ATTORNEY AT VICKERY, RIEHL & ALTER

   By Mitch Alter Posted October 4, 2011

   The Ohio Trial Reporter is a publication that tracks jury verdicts and settlements throughout the state of Ohio. Recently reported was a $4,625,000.00 settlement achieved by lead counsel, Mitchell J. Alter of the firm, Vickery, Riehl, & Alter. The summary of the case is published electronically on LEXIS-NEXIS, WestLaw and www.verdicts.com.

   The suit was filed in the Clark County, Ohio Court of Common Pleas in Springfield. The case number is 06CVC0514, and is styled Estate of Margaret Patton and Estate of Schuyler Wood v. Darling International and James B. Holland;Undercar Specialty Warehouse and Frederick Woods.

   Margaret Patton was driving a small Mazda with her son, Schuyler Wood, as a front seat passenger on August 3, 2005. They were stopped in traffic due to an accident that did not involve them. While stopped, the Patton vehicle was rear-ended by a tanker truck operated by Holland, who was working for Darling International, Inc. The impact speed was approximately 65mph. Holland's truck drove over the back and top of the Patton vehicle, and then collided with the Wood's vehicle. The gas tank on the Mazda ruptured and all three vehicles became engulfed in flames. Patton and her son were trapped in their vehicle with no means of escape and died. The fire was so intense that emergency responders did not even find the Patton vehicle and the bodies until after the fire was brought under control.

   A urine drug screen test of Holland, the tanker driver that rear-ended the Patton vehicle was postive for the presence of opiates in Holland's system. However, he was charged only with misdemeanor vehicular manslaughter as a result of the failure to obtain follow-up definitive testing with regard to the drug screen.

   The settlement is believed to be one of the largest personal injury settlements in Clark County Ohio.

   For more information, please visit our website. The initial settlement offer made on the case by the insurance companies was in the amount of $900,000.00.

    

   _______________________________________

   TV AND FURNITURE TIP-OVER DEATHS AND INJURIES     Posted by Mitch Alter, Partner  at Vickery, Riehl & Alter.  www.vraohioaccidentandinjury.com

    CPSC Hotline: (800) 638-2772
   CPSC Media Contact: (301) 504-7908
   
   Anchor for Safety: TV and Furniture Tip-Over-Related Deaths and Injuries Not Slowing Down
   A child is killed once every two weeks, tens of thousands are injured every year
   
   WASHINGTON, D.C. - In March of this year, an 11 month old died while watching TV with his dad and his 2-year-old sibling. The baby's brother bumped into the furniture holding the TV and the TV fell onto the baby's head and abdomen. Unfortunately, this is not a rare incident. Furniture and TV tip-over incidents are one of the top hidden hazards in the home. Today, the U.S. Consumer Product Safety Commission (CPSC) is urging parents and caregivers to inspect and anchor furniture and TVs now, in order to protect young children from a preventable tragedy.
   
   A new data report (www.cpsc.gov/library/foia/foia11/os/tipover2011.pdf) shows that between 2000 and 2010, CPSC staff received reports of 245 tip-over-related deaths involving children 8 years old and younger. More than 90 percent of the incidents involved children 5 years old and younger. In more than half of the 245 fatalities (56%), the child was crushed by the weight of the television, furniture, or appliance. The majority of these children suffered fatal injuries to the head (67%).
   
   In addition, more than 22,000 children 8 years old and younger are treated in hospital emergency rooms every year (2008-2010) for injuries related to instability or tipover of televisions, furniture, and appliances. And like the fatalities, a majority of these injuries (56%) are to the head.
   
   "Children like to climb on furniture. Placing TVs on furniture not intended for them or having furniture that is not secured can have tragic consequences," said Chairman Inez Tenenbaum. "These tragedies can be prevented by taking low-cost steps. Anchor those TVs and dressers, and protect your child or a child visiting your home."
   
   The most common tip-over scenarios involve toddlers who have climbed onto, fallen against or pulled themselves up on furniture. About 70 percent of children's fatalities (169 incidents) involved falling televisions, and 27 percent (65 incidents) involved only furniture falling. Of the 135 child fatalities where furniture fell by itself or fell with a TV, the majority of incidents (64%) involved a chest, dresser, or a bureau. Often, these pieces of furniture have drawers that children can use to climb.
   
   To prevent tragedies follow these safety tips in any home where children live or visit:
   
   Anchor furniture to the wall or the floor.
   Place TVs on sturdy, low bases.
   Or, anchor the furniture and the TV on top of it, and push the TV as far back on the furniture as possible.
   Keep remote controls, toys, and other items that might attract children off TV stands or furniture.
   Keep TV and/or cable cords out of reach of children.
   Make sure freestanding kitchen ranges and stoves are installed with anti-tip brackets.
   Supervise children in rooms where these safety tips have not been followed.
   
   To download a 2-minute PSA in broadcast quality, including a demonstration of simulated tip-over incidents, visit https://rcpt.yousendit.com/1241071902/9180c88037a4e88c0a018ad49d916b83 (English) or https://rcpt.yousendit.com/1241073302/7d9984e13fe841f09bf2f620d5268257 (Spanish). Consumers can watch this PSA at http://youtu.be/g6oHH9GTzsg (English) or http://youtu.be/u9vpBuDBgBI (Spanish).
   
   
   
   
   ********************************************************
   
   Visit our blog, OnSafety at www.cpsc.gov/onsafety
   See our videos on YouTube at http://www.youtube.com/uscpsc
   Follow us on Twitter at http://twitter.com/OnSafety
   See our photos on Flickr at http://www.flickr.com/photos/uscpsc
   
   The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
   
   To report a dangerous product or a product-related injury, visit www.saferproducts.gov, or contact CPSC's Hotline at info@cpsc.gov, (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. To join a CPSC e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC's Web site at www.cpsc.gov.
   
   -----------------------------
   

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   LITTLE TIKES RECALL TOY WORKSHOPS AND TOOL SETS//  CHOKING HAZARDS    Posted by Mitch Alter, Partner at Vickery, Riehl  & Alter.  October 03, 2011

   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. It is illegal to resell or attempt to resell a recalled consumer product.

   Name of Product: Little Tikes® Workshop and Tool Sets

   Units: More than 1.7 million additional units (about 1.6 million toy workshop sets and trucks with the same toy nails were recalled in August 2009)

   Manufacturer: Little Tikes, of Hudson, Ohio

   Hazard: The recalled workshop and tool sets have oversized, plastic toy nails that can pose a choking hazard to young children.

   Incidents/Injuries: The firm has reported two additional incidents, occurring prior to the August 2009 recall, of children who choked when the toy nail became lodged in their throat. Both children were treated in a hospital and made a full recovery.

   Description: This recall involves the toy nails sold as part of 11 additional models of Little Tikes® Workshop and tool sets listed below. The toy nails are oversized, plastic, and about 3 1/4 inches long by 1 1/4 inch in diameter. The nails are either red or blue and have a large round head; below the nail head there is a plastic ridge, slightly smaller than the nail head and about 1 inch in diameter. The model number may be found on some of the products.

   Sold by: Mass merchandise retailers nationwide from 1990 through 2004 for between $25 and $100.

   Manufactured in: United States and China

   Remedy: Consumers should immediately take the toy nails away from young children and contact the firm for free replacement toy nails.

   Consumer Contact: For additional information, contact Little Tikes at (800) 321-0183 between 8 a.m. and 8 p.m. ET Monday through Friday, or visit the firm's website at www.littletikes.com

   

    

   Model #	Name	Picture	Sold
   4491	Workshop		1994 - 1995
   4601	Deluxe Workshop		1996 - 1999
   0827	Carry Along Workshop		1997 - 1998
   4765	Revv 'n Roar Mechanics Workshop		1997 - 1999
   0627	Carry Along Tool Caddy		1996 - 2002
   4174	Home Center Workshop		2001 - 2002
   4789	Workbench		1997 - 1998
   4071	Little Tikes Workshop		1990 - 1994
   0014	Kohl's Workshop Tool Set		2000
   4497	Menard's Home Center Workshop		2003 - 2004
   4201	Action Power Workshop		2002 - 2004

   ---

   The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on www.saferproducts.gov

   CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard.

   _______________________________________________________

    

   REEBOK SETTLES DECEPTIVE TONING SHOE AD FOR 25 MILLION     Posted by Mitch Alter, Partner at Vickery, Riehl & Alter.  September 28, 2011_

   

   Reebok's EasyTone Reenew

   By Patrick Rizzo

   Customers who bought shoes that Reebok ads said would tone legs and buttocks could be getting a refund.

   The Federal Trade Commission said Wednesday the athletic shoe giant would dole out $25 million to consumers as part of an agreement to settle charges that it deceived consumers in ads for EasyTone and RunTone shoes which claimed people would get more shapely thighs and glutes by wearing the shoes.

   "The FTC wants national advertisers to understand that they must exercise some responsibility and ensure that their claims for fitness gear are supported by sound science," said David Vladeck, Director of the FTC's Bureau of Consumer Protection in a statement on the FTC's website.

   While Reebok agreed to the settlement, the company is standing behind its line of shoes.

   "Settling does not mean we agree with the FTC's allegations; we do not," Reebok spokesman Daniel Sarro told msnbc.com in an e-mail. "We have received overwhelmingly enthusiastic feedback from thousands of EasyTone customers, and we remain committed to the further development of our EasyTone line of products."

   ConsumerMan: Toning shoes are a hot fad, but it's all a bunch of hype

   The FTC said consumers will get the refunds either directly from the FTC or through a court-approved, class action lawsuit.

   The FTC's complaint focused on very specific claims made by Reebok in ads that wearing its EasyTone footwear was proven to lead to "28 percent more strength and tone in the buttock muscles, 11 percent more strength and tone in the hamstring muscles, and 11 percent more strength and tone in the calf muscles than regular walking shoes."

   These claims "didn't withstand scrutiny," Vladeck said. "The evidence was wholly insufficient."

   Many advertisements contain general claims of health benefits, such as "it's the best workout you'll ever get." Such bragging, legally termed "puffery," generally stays on the right side of false advertising laws. Reebok ran into trouble because its claims were so specific, and its evidence for those claims insufficient.

   The FTC settlement bars Reebok from making claims about specific increase in muscle tone, or any other health claims, without having "competent and reliable scientific evidence."

   FTC officials would not discuss advertising claims made by other manufactures of toning shoes, which are made by Sketcher, New Balance, and other shoe makers.

   Consumers who wish to apply for a refund should visit http://reeboksettlement.com/FTC and fill out an online application. Those who purchased Reebok EasyTone apparel are also eligible. Vladeck said the amount of refunds will be determined by a federal judge who will oversee the process.

   Reebok has discontinued the advertising campaign with the allegedly misleading claims, and has told retailers to remove any store displays that contain the claims.

    

   _____________________________________________________

   RECENT TRUCK CRASHES    Posted by Mitch Alter, Partner at Vickery, Riehl & Alter.   September 28, 2011

   It takes a little fire in the belly to fight with truck companies and insurance companies day in and day out. I get personally offended when, for example, an insurance company offers a pittance when one of their insured's vehicles crosses a centerline and kills somebody's mother. But being passionate alone is not enough. The best way to beat the truck companies is old-fashioned hard work. Please feel free to contact me through our website at www.vraohioaccidentandinjury.com.  

                         The Lancaster Eagle Gazette reports a semi truck accident that occurred on Wednesday, September 21 around 9:35am in Lancaster, Ohio. Authorities stated that a semi truck driver ran through a Mill Park Drive stop sign and hit a company van on eastbound Ohio 188. The van came to a rest in a ditch after the accident, and its driver was reportedly unconscious. He was transported to Fairfield Medical Center for treatment. Both vehicles were towed after the collision.

   Fox 59 reports a semi truck accident that occurred just prior to midnight on Wednesday, September 21 in Indianapolis, Indiana. According to representatives of the Indiana State Police, occupants of a Pontiac car and a Ford pickup were assessing a flat tire on the shoulder of Interstate 465. Shortly thereafter, a Freightliner tractor entered the shoulder near the I-74 interchange and struck the pickup truck, the truck's trailer, and its driver. Two people were hurt from accident debris. One person suffered a broken leg and a passenger of the pickup truck was killed. The semi truck driver was cited for deficient air brakes and not maintaining a logbook. The semi was placed out of service after the accident.

   The News Tribune reports a tow truck accident that occurred on Wednesday, September 21 in Benton City, Washington around 10:15am. According to state troopers, the driver of a 2002 International tow truck rear-ended a 2004 Ford Crown Victoria. The Ford was a pilot car alerting drivers to an oversized semi truck load on Interstate 82. The force of the impact pushed the car under the semi truck's trailer, igniting a fire. Witnesses at the scene of the accident were unable to help the driver out of the car and he was killed by the flames.

   ABC News 4 reports a tractor-trailer accident that occurred on Friday, September 23 in the Charleston County city of North Charleston, South Carolina around 2:00pm. Representatives of the county coroner's office stated that a 50 year-old man was killed after his vehicle was lodged underneath a semi truck. According to police, the tractor-trailer driver turned onto Rivers Avenue from Beaufort Street and did not see an oncoming car. The victim was taken to MUSC hospital where he died.

   ______________________________________________________

   TRUCK CRASHES.  Posted by Mitch Alter, Partner at Vickery, Riehl & Alter.  September 27, 2011.

   In order to be effective, a truck accident attorney must be competent, knowledgeable and working for you. He must have the trial skills to take your case all the way. I have handled numerous truck accidents throughout the United States, many of them similar to those noted below. If you need an attorney or if you're an attorney looking for co-counsel or a referral arrangement, I'd love to talk to you. Please feel free to contact me through our website at www.vraohioaccidentandinjury.com. 

   WHIOTV.com reports a semi-truck accident involving a school bus on Wednesday, September 14 around 8:30am in the Clark County city of Hustead, Ohio. A semi-truck driven by a 25 year-old male driver rear-ended a bus as it stopped to let a student onboard on U.S. 68, north of State Route 794. The driver of the bus and some students received minor injuries as a result of the crash. The semi-truck driver was charged with Failure to Maintain Assured Clear Distance Ahead.

   KENS5.com reports an 18-wheeler accident that occurred on Thursday, September 15 around 7:00pm in the Bexar County area of San Antonio, Texas. According to officials, an 18-wheeler and a pickup truck were traveling along Loop 1604 near De Vilbiss Lane when the big rig collided with the truck, overturning on top of the pickup. The pickup truck driver was killed.

   WILX.com reports a semi-truck accident that occurred on Sunday, September 18 shortly before 1:00pm in the Clinton County city of Eagle, Michigan. According to authorities from the Clinton County Sheriff's Office, a semi-truck rear-ended a motorcycle on Interstate 96, causing the driver & passenger to be thrown from the bike. One woman was killed, and one man was listed in critical condition at Sparrow Hospital in Lansing following the accident.

   Boston.com reports a tractor-trailer accident that occurred on Monday, September 19 in Medford, Massachusetts prior to 3:20pm. According to representatives from the State Police, a tractor-trailer lost a tire as it traveled along south Interstate 93. The tire entered the northbound lanes and struck a Ford Mustang, seriously injuring the driver inside of the car. The car came to a rest on its side near Exit 28. The top of the vehicle sustained major damage.

   ________________________________

   OHIO TRUCK DRIVER CITED FOR LOSING CONTROL OF HIS RIG.    Posted by Mitch Alter, Partner at Vickery, Riehl & Alter.  September 27, 2011

   ___

   As a truck accident attorney, I read about a lot of strange things, but this Ohio truck crash stands out. An Ohio truck driver was cited for failing to maintain control of his vehicle in a crash that killed about a dozen cows last week. The early-morning accident snarled eastbound Interstate 80 traffic for hours.

   

   According to TribToday.com, big-rig driver Jimmy R. King told Ohio State Highway Patrol troopers that he was reaching to change the radio station while driving through Trumbull County. He was headed to a Pennsylvania slaughterhouse with about two dozen cows in his trailer, which is owned by Egbert Trucking of Botkins, Ohio.

   King told police that the load shifted, and he lost control. The trailer dropped into the grass median and flipped onto its side, blocking both eastbound lanes.

   Many types of loads require special care, especially shifting loads such as livestock and tanker trucks that are filled with milk.   The FMCSA has a special new specific category called "Cargo Related" in its Motor Carrier Safety Measurement System(SMS).  www.fmcsa.dot.gov/ 

   _________________________________

   National Transportation Safety Board(NTSB) Proposes No Cell Phone Use For Truck Drivers.    Posted by Mitch Alter, Partner at Vickery, Riehl & Alter.  September 27, 2011

   NTSB: No Cellphones for Truck Drivers

   September 20, 2011

   In response to a serious truck crash with multiple fatalities in Kentucky last year, a ban on cellphone use has been proposed.

   

   Following its new report on that crash, the National Transportation Safety Board has proposed banning all cellphone use by truckers while driving - including texting and hands-free talking. The NTSB, which has no authority to set rules, made its recommendation to the Federal Motor Carrier Safety Administration and states.

   While driver fatigue and inadequate highway median cables were factors in the March 2010 accident, NTSB investigators found that cellphone use was among the main factors. In the 24 hours leading up to the early morning crash, the driver had used his cellphone 69 times. He made four calls just minutes before his big rig plowed through the median and hit the church van head-on. He died, as did nine of the 11 people in the van.  Visit www.ntsb.gov/ 

   _____________________________________________

   J&J recalls Eprex anemia drug from 17 countries   Posted by Mitch Alter, Partner at Vickery, Riehl & Alter.  September 26, 2011

    

   * About 6,300 prefilled syringes involved in recall

   * No adverse events or harm to patients reported

   Sept 23 (Reuters) - Johnson & Johnson (JNJ.N), which has been beset by manufacturing problems and product recalls over the past two years, has recalled thousands of prefilled syringes of its Eprex anemia drug due to inconsistent potency, the diversified healthcare company said.

   Two batches of the red blood cell booster -- originally containing about 200,000 syringes -- were involved in the voluntary recall from 17 countries, including Britain, France and Germany.

   There have been no reports of harm to patients from the affected Eprex batches, said J&J spokesman Stefan Gijssels.

   "The batches were already delivered to market quite a while ago, so we assume the majority has already been consumed," Gijssels said in a telephone interview on Friday.

   J&J estimates that there should be less than 6,300 syringes remaining on the market that are actually affected by the recall.

   "The company is working with regulatory authorities in 17 countries to voluntarily execute a recall of two batches of Eprex as a safety precaution," Gijssels said.

   A routine internal quality analysis found that a number of the syringes contained Eprex that was either above or below the required potencies, he said.

   Health regulators have placed tight potency restrictions on the use of Eprex and similar anemia drugs over safety concerns. Eprex, which is sold in the United States under the brand name Procrit, is primarily used to help anemic chronic kidney disease patients avoid blood transfusions.

   Eprex and Procrit had combined sales of about $2 billion in 2010.

   J&J has endured waves of recalls across its various product lines, including hundreds of millions of bottles of adult and children's consumer medicines, such as Tylenol. The company has also had to recall faulty hip replacements, contact lenses, schizophrenia drugs and many other products over the past two years, and was forced to place some of its manufacturing plants under U.S. government supervision.

   The other countries involved in the latest recall were Canada, Spain, Italy, Sweden, Russia, Belgium, Portugal, Ireland, Australia, New Zealand, Albania, Egypt, Israel and Taiwan, the company said. (Reporting by Bill Berkrot; Editing by Tim Dobbyn)

   ___________________________________________________

   IMMEDIATE RELEASE September 15, 2011 Release #11-328

   Firm's Recall Hotline: (800) 440-0680 CPSC Recall Hotline: (800) 638-2772 CPSC Media Contact: (301) 504-7908

   Target, Select Brands Recall Chefmate Blender Due to Laceration Hazard.  Posted by Mitch Alter, Partner at Vickery, Riehl & Alter.   September 22, 2011

   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. It is illegal to resell or attempt to resell a recalled consumer product.

   Name of Product: Chefmate® 6-Speed Blender

   Units: About 304,000

   Importer: Target Corporation, of Minneapolis

   Manufacturer: Select Brands, of Lenaxa, Kan.

   Hazard: While in operation, the plastic pitcher can separate from the blade assembly, leaving the blade assembly in the base and exposing the rotating blades. This poses a laceration hazard to consumers.

   Incidents/Injuries: Target and the U.S. Consumer Product Safety Commission have received 11 reports of the blade assembly separating from the pitcher, seven of which reported serious lacerations to consumers' fingers and hands.

   Description: This recall affects all Chefmate® 6-Speed Blenders, model BL-10. The model number is located on the bottom of the base. The blender consists of a six-inch tall, white electrical base with five, white speed-selector buttons labeled 1 through 5, one gray button labeled "Pulse/Off" and the word "Chefmate®" in black letters on the front; a clear plastic pitcher with a handle with U.S. and metric volume measurement markings; a white plastic lid with a removable clear plastic lid stopper; and a white plastic blade assembly with two angled, stainless steel blades.

   Sold exclusively at: Target stores nationwide from September 2007 to February 2011 for about $14.

   Manufactured in: China

   Remedy: Consumers should immediately stop using the blenders and return them to any Target store to receive a full refund.

   Consumer Contact: For additional information, contact Target Guest Relations at (800) 440-0680 between 7 a.m. and 6 p.m. CT Monday through Friday, or visit their website at www.target.com

   
   
   
   
   
   

   ---

   The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on www.saferproducts.gov

   CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

    

   ___________________________________________

    

   BACK TO SCHOOL SAFETY TIPS.  Posted by Mitch Alter, Partner at Vickery, Riehl & Alter.  September 21, 2011

   It's August! Do you know what that means? BACK-TO-SCHOOL!

   While you're scrambling to pull together fall clothes and school supplies, and sort through your transportation options, be sure to keep a few safety tips in mind:

   1. Many schools are now joining the First Lady's Let's Move Initiative and/or the Safe Routes program to encourage walking or biking to school. Whether you're part of one of these movements or your child already rides a bike or scooter to school, be sure that he/she wears a properly fitted helmet. The helmet should fit snuggly, be flat on top of the head and have a buckled chin strap. It should not move up and down or from side to side. Make sure to replace any helmets that have been in an accident. Helmets only do their job once!

   
   2. Helmets belong on the head when riding a bicycle, but not when playing on a playground. Teach your child to take the helmet off before he or she plays on a playground. Bike helmets can get stuck in openings on playground equipment, causing a child to strangle.

   3. One item that doesn't belong near a child's neck is a drawstring. So, look closely at your child's jackets, "hoodies," or sweatshirts to ensure there are no drawstrings in the upper portion of the garment. You also should take a look at waist or bottom drawstrings on your child's jackets and other upper clothing. New regulations specify that you shouldn't be able to see more than 3 inches of the string when the clothes are stretched wide.

   CPSC has received 26 reports of children who died when the drawstring on their clothing became tangled on playground slides, school bus doors and other objects. Waist and bottom drawstrings have been caught in doors or other car parts resulting in dragging incidents.

   4. Is soccer your child's sport? If so, CPSC recommends that soccer coaches, school officials and soccer field maintenance personnel anchor goals to the ground so they do not fall over and cause a serious injury or death

    

   __________________________________________

   MAYTAG RECALLS DISHWASHERS/  FIRE HAZARD 

   Posted By Mitch Alter at Vickery, Riehl & Alter.  September 21,2011

   
   

   Maytag Corp. has recalled nearly 1.7 million dishwashers due to a fire hazard. The Consumer Product Safety Commission (CPSC) reports that Maytag has received 12 complaints involving electrical failures in the dishwasher heating element which led to fires and property damage. Although no injuries have been reported, one dishwasher fire caused extensive property damage.

   The Maytag dishwasher recall includes the following dishwashers:

   The dishwashers included in the Maytag recall had silver, white, black, bisque and stainless steel front panels. The dishwashers were available at appliance and department stores across the country from Feb. 2006 to April 2010 and sold for between $250 and $900.

   The CPSC has instructed consumers to stop using the recalled dishwashers and disconnect the electric supply by turning off the circuit breaker or fuse controlling the kitchen appliance.

   Owners of the recalled Maytag dishwashers can request a free in-home repair or a rebate toward the purchase of a new Maytag dishwasher. The rebate amount will depend on the type of model to be purchased. Consumers can find more information about the recalled dishwashers by visiting the website of the Consumer Product Safety Commission.

    

    ____________________________________________________________________

   FDA Confirms Source Of Cantaloupe Contamination

   by Scott Hensley  Posted By Mitch Alter, Partner at Vickery, Riehl & Alter on September 20, 2011

   02:44 pm

   September 20, 2011

   A label to look for when choosing cantaloupe. These melons were recalled by Jensen Farms.

   FDA/Flickr

   A label to look for when choosing cantaloupe. These melons were recalled by Jensen Farms.

   There's closure in the investigation of a multistate outbreak of listeriosis linked to cantaloupes.

   The Food and Drug Administration says it found Listeria monocytogenes, which causes the illness, in Jensen Farms Rocky Ford-brand cantaloupe taken from a store in the Denver area. The bacteria were also found on equipment and cantaloupe at the company's packing facility.

   FDA tests confirmed that Listeria found in the samples matched a strain seen in the outbreak.

   As the evidence piled up last week, the company recalled its cantaloupes."We are deeply saddened to learn that cantaloupes grown on our farm have been linked to the current Listeria outbreak," Ryan and Lisa Jensen said in statement on the company's website. "Our hearts go out to those individuals and their families who have been affected by this terrible situation."

   The recalled cantaloupes were distributed to at least 17 states. The Centers for Disease Control and Prevention said reports showed 35 people in 10 states got sick in the listeria outbreak, a dozen of them in Colorado. Four people died.

   If you needed a reminder to wash your melons before slicing, this is it.

   ---

    

    

   Subaru Recalls 70,000 Outbacks and Legacys for Loose Moonroof Glass

   By CHRISTOPHER JENSEN  Posted by Mitch Alter, Partner at Vickery, Riehl & Alter.  September 20, 20112011 Subaru Outback.

   11:26 a.m. |Update

   In what has become a very active September for Subaru, the National Highway Traffic Safety Administration said that the automaker was recalling almost 70,000 Outback and Legacy models from 2011 because the glass portion of the moonroof might fly off.

   It was the third recall announced by the safety agency involving Subaru this month. Two earlier actions covered almost 500,000 vehicles.

   The latest recall was detailed in a letter dated Sept. 9, in which the automaker told the safety agency there wasn't enough adhesive applied to the glass portion of the moonroof on the vehicles assembled from Aug. 3, 2010 to July 1, 2011.

   Subaru said it began investigating the issue last June after receiving a complaint from an owner saying the glass flew off. The automaker did not say if the problem caused any injuries.

   One of the earlier recalls affects 195,000 Legacy and Outback models from the 2010-11 model years and is being undertaken to fix a wiper motor that may overheat and, "in the worst case," according to Subaru, catch fire.

   The second recall, covering about 295,000 vehicles, includes the 2002-7 Impreza, 2003-8 Forester and 2005-6 Saab 9-2x, which is based on the Impreza. Subaru says a front control arm may break if corroded, making the vehicle difficult to control.

   In other recent actions:

   In November 2009, the agency began investigating reports saying that when an adult sat in the front passenger seat, a sensor would conclude that a small child was sitting there and subsequently turned off the air bag.

   During the investigation, Kia told the agency that when occupants were seated properly - that is, not off to one side - the sensing system worked.

   Kia decided to recall the vehicles about one month after the agency convened a defect panel review, a meeting of agency officials who discuss a defect investigation and vote on whether to push for a recall. At the end of that meeting, the officials voted to send a letter to Kia asking for the recall.

   Defect panel reviews are unusual and are only called if an automaker is resisting a recall, said Allan J. Kam, formerly the senior enforcement attorney for the agency and now a consultant based in Maryland, in an interview with Wheels in February.

   In a document filed Thursday on the agency's Web site, Kia said it agreed to the recall "to avoid a protracted dispute."

   The automaker had received nearly 8,000 warranty claims related to the flaw from owners of the Veracruz and Santa Fe, who observed the air-bag warning light turn on. Hyundai instructed owners whose air-bag warning lights had flashed on to contact their dealer immediately.

   The automaker said it was not aware of any injuries. However, in its report to the agency, Honda said it was aware of two cases in which the belts separated.

   Chrysler told the agency that it was aware of two crashes in which the drivers said the headlights failed, resulting in one minor injury.

   This is the second time the agency has investigated such headlight problems on Chrysler minivans. The previous investigation covered about 813,000 Chrysler and Dodge minivans from the 2001-2 model years. The agency ended that investigation, saying while there were many complaints, "a safety-related defect has not been identified at this time."

   __________________________________________________________

   HAS IMMUNITY FOR THE NEGLIGENT ACTS OF A POLICE OFFICER GONE TOO FAR?  Posted by Mitch Alter, Partner at Vickery, Riehl & Alter.  September 20, 2011

   The Supreme Court of Ohio has once again limited the rights of the severely injured in favor of police and political subdivisions in the case of Smith v. McBride, Slip Opinion No. 2011-Ohio-4674.  Visit the Supreme Court of Ohio website at www.supremecourt.ohio.gov  for the entire opinion.

   A Clinton Township police officer was responding to a Franklin County Deputy Sheriff's request for assistance when the deputy was on foot and pursuing a fleeing suspect.  The Clinton police officer, outside of his jurisdiction, had no authority to make an arrest, had no duty to respond, and did not even warn other users of the roadway with lights or sirens as he operated his cruiser at a speed of approximately 20 mph above the stated speed limit.  The victims he struck were severely injured.

   The Clinton Township officer, and the Township, were granted immunity and not held liable as the officer was deemed to be responding to an emergency call.  'Emergency call' includes responding to a call to duty even if it does not involve an inherently dangerous situation according to the Court.  Now an emergency call granting immunity even includes responding outside the jurisdiction when the officer has no duty to arrest.

   Does it make any sense that the negligence of the officer in no way plays a role?  How can immunity even be constitutional?  

   ---

    

   FOR IMMEDIATE RELEASE September 14, 2011 Release #11-325

   Firm's Recall Hotline: (800) 537-8233 CPSC Recall Hotline: (800) 638-2772 CPSC Media Contact: (301) 504-7908

   John Deere Recalls Lawn Tractors Due to Laceration   Hazard  Posted By Mitch Alter, Partner at Vickery, Riehl & Alter.  September 14, 2011

   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. It is illegal to resell or attempt to resell a recalled consumer product.

   Name of Product: Lawn Tractors

   Units: About 15,500

   Manufacturer: Deere & Company of Moline, Ill.

   Hazard: Hardware used to hold the mower blade brake assemblies on the mower decks can break. This can cause the mower blades to spin longer than normal after the operator turns off the power, posing a laceration hazard.

   Incidents/Injuries: None

   Description: The recalled lawn tractors are green, with yellow seats and mower decks. Model numbers D100, D110, D120, and D130, all with a 42-inch Edge^TM Cutting System mower deck, are included in this recall. The model number is located on both sides of the tractor's hood. Lawn tractors with the serial numbers listed below are included in the recall. The serial number is located under the right rear fender.

   Model	Serial Numbers
   D100	1GXD100A...BB050246 thru 1GXD100A...BB051508 1GXD100E...BB104567 thru 1GXD100E...BB114387
   D110	1GXD110A...BB051350 thru 1GXD110A...BB054905 1GXD110C...BB010187 thru 1GXD110C...BB010413 1GXD110E...AB106157 thru 1GXD110E...AB106342 1GXD110E...BB106358 thru 1GXD110E...BB115481
   D120	1GXD120A...BB101040 thru 1GXD120A...BB101642 1GXD120C...BB010026 thru 1GXD120C...BB010035 1GXD120E...BB101959 thru 1GXD120E...BB102750
   D130	1GXD130A...BB050470 thru 1GXD130A...BB052004

   Sold at: John Deere dealers, Lowe's, and Home Depot stores nationwide from December 2010 through September 2011 for between $1,500 and $2,000.

   Manufactured in: United States

   Remedy: Consumers should immediately stop using the recalled lawn tractors and contact the company for a free hardware inspection and repair.

   Consumer Contact: For additional information, contact Deere & Company at (800) 537-8233 between 8 a.m. and 6 p.m. ET Monday through Friday and between 9 a.m. to 3 p.m. ET Saturday or visit the firm's website at www.johndeere.com

   
   
   

   ---

   The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on www.saferproducts.gov

   CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

   Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.

   To report a dangerous product or a product-related injury, go online to: www.saferproducts.gov, call CPSC's Hotline at (800) 638-2772 or teletypewriter at (800) 638-8270 for the hearing impaired. Consumers can obtain this news release and product safety information at www.cpsc.gov. To join a free e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx.

   JOHN DEERE RECALLS LAWN TRACTORS;  BRAKE FAILURE CAN CAUSE LOSS OF CONTROL     By Mitch Alter, Partner at Vickery, Riehl & Alter.  Posted September 16, 2011

   

   

    

   WASHINGTON, Sept. 14, 2011 /PRNewswire-USNewswire/ -- 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. It is illegal to resell or attempt to resell a recalled consumer product.

   (Logo: http://photos.prnewswire.com/prnh/20030904/USCSCLOGO)

   Name of Product: D100 Lawn Tractors

   Units: About 5,200

   Manufacturer: Deere & Company of Moline, Ill.

   Hazard: Hardware used to hold the brake assembly to the transmission housing can break. This can cause the brakes to fail, posing an injury hazard due to loss of control.

   Incidents/Injuries: None

   Description: The recalled lawn tractors are green with yellow seats and mower decks. Model D100 tractors are included in this recall. The model number is located on both sides of the tractor's hood. Tractors with the serial numbers below are included in this recall. Serial numbers are located under the right rear fender.

    

   Sold at: John Deere dealers, Lowe's, and Home Depot stores nationwide, except California, from October 2010 through September 2011 for about $1,500.

   Manufactured in: United States

   Remedy: Consumers should immediately stop using the recalled lawn tractors and contact the company for a free hardware inspection and repair.

   Consumer Contact: For additional information, contact Deere & Company at (800) 537-8233 between 8 a.m. and 6 p.m. ET Monday through Friday and between 9 a.m. to 3 p.m. ET Saturday or visit the firm's website at www.johndeere.com.

   The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov.

   Firm's Recall Hotline: (800) 537-8233
   CPSC Recall Hotline: (800) 638-2772
   CPSC Media Contact: (301) 504-7908

   SOURCE U.S. Consumer Product Safety Commission

   Back to top

    

   Weehoo Recalls Bike Trailers Due to Fall and Crash Hazards Posted by Mitch Alter, Partner at Vickery, Riehl & Alter  September 14, 2011
   

   WASHINGTON, Sept. 13, 2011 /PRNewswire-USNewswire/ -- 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. It is illegal to resell or attempt to resell a recalled consumer product.

   (Logo: http://photos.prnewswire.com/prnh/20030904/USCSCLOGO)

   Name of Product: Weehoo iGo Bicycle Pedal Trailers
   Units: About 2,700
   Manufacturer: Weehoo Inc., of Golden, Colo.
   Hazard: The receiver on the trailer's seat post hitch can crack and cause the trailer to detach, posing fall and crash hazards to the child in the seat.
   Incidents/Injuries: CPSC and Weehoo have received one report of the trailer's receiver cracking while in use. No injuries have been reported.
   Description: This recall involves 2011 Weehoo iGo bicycle trailers manufactured between April 2011 and July 2011. The trailer has a steel frame with an adjustable seat for passengers 38 to 52 inches tall, two pedals with straps, an enclosed sprocket and chain, a 20-inch wheel, two pannier pockets, a flagpole and a flag. The seat, pannier pockets, and flag are made of red, heavy-duty nylon. The pannier pockets and the flag have the word "Weehoo" and the logo printed on them in reflective material. The serial numbers for the recalled trailers contain the letter "D" and can be found on the underside of the iGo frame, by the pedals.
   Sold at: Bicycle retail stores nationwide between April 2011 and July 2011 for about $390.
   Manufactured in: Taiwan
   Remedy: Consumers should immediately stop using the recalled iGo trailers and contact Weehoo for the repair. Consumers will receive a steel reinforcement sleeve to be installed over the receiver.
   Consumer Contact: For additional information, contact Weehoo at (800) 538-6950 anytime, or visit the firm's website at www.weehoobicycletrailer.com.

   The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov.

   Firm's Recall Hotline: (800) 538-6950

   CPSC Recall Hotline: (800) 638-2772

   CPSC Media Contact: (301) 504-7908

   SOURCE U.S. Consumer Product Safety Commission

   Back to top

   RELATED LINKS

   Volkswagen Recalls Jettas for Exhaust Pipes That Could Cause Burns   Posted By Mitch Alter,  Partner at Vickery, Riehl & Alter    September 14, 2011

    

   By Jonathan Welsh

    

   Volkswagen of America Inc. is recalling certain Jetta sedans from the 2011 and 2012 model years because they have decorative exhaust-pipe tips that have allegedly caused leg burns to people who accidentally brushed against them.

   The recall includes vehicles built from March 18, 2010 through Aug. 22, 2011. The car maker said some of the cars came with stainless steel exhaust tips that were installed during the importation process. Volkswagen says 30,294 cars are affected.

   The parts may extend beyond the length of the original factory-installed exhaust pipes. This additional protrusion from the rear of the car increases the risk of inadvertent contact with a person's leg. A burn can result if the car has been running and the pipe is hot.

   In a document filed with the National Highway Traffic Safety Administration the car company said it received a number of complaints in July about burns from the pipes, began an investigation and decided by August that a recall is necessary.

   Under the recall dealers will inspect and replace the stainless steel exhaust tips as necessary, free of charge. The recall is expected to begin in November 2011. Owners can contact Volkswagen at 800-822-8987.

   In March Volkswagen recalled about 70,000 Jettas, and last month NHTSA said it was investigating fuel leaks in certain diesel-powered Jettas

    

   Md. Health Care Co. Maxim Settles DOJ Fraud Probe

   by Carrie Johnson

    Posted By Mitch Alter, Partner at Vickery, Riehl & Alter.  September 13, 2011

    

   September 13, 2011

   Listen to the Story

   Morning Edition

   [2 min 39 sec]

   text size A A A September 13, 2011

   Maxim Health Care Services has agreed to pay $150 million to resolve fraud allegations by the Justice Department and the attorneys general of 42 states. The home health care company admitted to overcharging Medicaid for six years. Eight former employees at the company have pleaded guilty in connection with the scheme, and some of them face prison time.

    

   Honda Recalls 310,773 Pilot SUVs for Seatbelts That Could Break      Posted by Mitch Alter, Partner at Vickery, Riehl & Alter.   September 13, 2011

    

    

    

    

   Honda Motor Co. says it is recalling certain Pilot SUVs from the 2009 through 2011 model years to fix a potential defect in the way their safety belts are sewn together. The car maker says the recall includes 310,773 vehicles built from March 13, 2008, through Aug. 30, 2011.

   On the affected vehicles it is possible the stitching that attaches the end of the driver's and front passenger's lap belt may be missing or not complete. In such cases the seat belt may come loose from the anchor webbing, which increases the risk of injury in a crash.

   In a document filed with the National Highway Traffic Safety Administration, Honda said received two complaints about detached seatbelts, one in spring of 2010 and another about a year later.

   The company said its dealers will inspect the driver and front-passenger seat belts and, if necessary, replace them free of charge. The recall is expected to begin on or about Oct. 3. Owners can contact Honda's customer-service department at 800-999-1009.

   KTM North America Recalls Off-Road Motorcycles Due to Fall or Crash Hazard      Posted by Mitch Alter, Partner at Vickery, Riehl & Alter.  September 12, 2011

   
   Download image

   WASHINGTON, Sept. 8, 2011 /PRNewswire-USNewswire/ -- 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. It is illegal to resell or attempt to resell a recalled consumer product.

   (Logo: http://photos.prnewswire.com/prnh/20030904/USCSCLOGO )

   Name of product: Off-Road Motorcycles

   Units: About 6,117

   Importer: KTM North America Inc., of Murrieta, Calif.

   Hazard: The motorcycle handlebar clamp can develop cracks during normal use causing the handlebars to move from their set position. This can result in the rider losing control of the vehicle, posing a fall or crash hazard.

   Incidents/Injuries: KTM received a report of one incident in which the consumer was hospitalized from injuries received in a crash after the handlebar clamps cracked and failed to secure the handlebars.

   Description: This recall involves all 2011 KTM and Husaberg off-road/competition motorcycles.

   KTM models included in this recall:

   Engine Size	Model
   150	XC, SX
   200	XC-W
   250	XC, XC-W, XCF-W Six Days, SX, SX-F
   300	XC, XC-W
   350	SX-F
   450	XC-W Six Days, SX-F
   530	XC-W Six Days

   The affected KTM bikes are orange and black in color with the model name and KTM^TM logo located on the right and left shrouds.

   Husaberg models included in this recall:

   Engine Size	Model
   390	FE
   450	FE, FX

   The affected Husaberg bikes are blue, yellow and white in color with the model name and Husaberg logo located on the right and left shrouds.

   Sold at: Authorized KTM and Husaberg dealers nationwide from April 2010 through May 2011 for between $6,200 and $9,500.

   Manufactured in: Austria

   Remedy: Consumers should immediately stop using the recalled motorcycles and contact authorized KTM and Husaberg dealers to schedule a free repair.

   Consumer Contact: For additional information, consumers should contact authorized KTM or Husaberg dealers. Authorized dealers can be located by going to www.ktm.com or www.husaberg.com. Consumers may also call KTM North America Inc. customer relations at (888) 985-6090 from 8 a.m. to 5 p.m. ET Monday to Friday.

   Photos are available at cpsc.gov and on CPSC's Flickr page.

   The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov.

   CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products -- such as toys, cribs, power tools, cigarette lighters, and household chemicals -- contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

   Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.

   To report a dangerous product or a product-related injury, go online to: SaferProducts.gov, call CPSC's Hotline at (800) 638-2772 or teletypewriter at (800) 638-8270 for the hearing impaired. Consumers can obtain this news release and product safety information at www.cpsc.gov. To join a free e-mail subscription list, please go to www.cpsc.gov/cpsclist.aspx.

   Firm's Recall Hotline: (888) 985-6090
   CPSC Recall Hotline: (800) 638-2772
   CPSC Media Contact: (301) 504-7908

    

    

   Target recalls to repair Embark Resistance Cords due to injury hazard    Posted by Mitch Alter, Partner at Vickery, Riehl & Alter.  September 12, 2011

   U.S. Consumer Product Safety Commission

   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. It is illegal to resell or attempt to resell a recalled consumer product.

   Name of product: Embark Resistance Cords and Cord Kits

   Units: About 447,000

   Importer: Target Corporation, of Minneapolis, Minn.

   Hazard: A black plastic ball attached to the resistance cord's door anchor can unexpectedly release and strike the user, posing an injury hazard to consumers.

   Incidents/Injuries: Target has received three reports of incidents in which consumers were struck in the eye by the door anchor ball. Two incidents resulted in permanent vision loss, and the severity of the injury in the third incident is unknown.

   Description: This recall involves Embark brand individual resistance cords and cord kits listed below. The resistance bands are made of green, blue or black rubber with black foam handles and a door attachment. A strap of nylon webbing is looped onto the band with a plastic ball attached or encased that serves as a door anchor. "Embark" is printed on either the black strap attached to the foam handle or on the middle of the rubber cord itself.

   Style Description

   Embark Light (tension) Resistance Cord (green)

   Embark Medium (tension) Resistance Cord (blue)

   Embark Heavy (tension) Resistance Cord (black)

   Embark Resistance Cord kit (set of 3 cords in green/blue/black stored in a mesh bag)

   Sold exclusively at: Target stores nationwide and Target.com from July 2009 through August 2011 for between $10 and $20.

   Manufactured in: China

   Remedy: Consumers should immediately stop using the resistance cords and remove the door anchor strap before resuming use or contact the company to receive instructions to repair the cords to eliminate the hazard.

   Consumer Contact: For additional information, contact Target Guest Relations at (800) 440-0680 between 7 a.m. and 6 p.m. CT Monday through Friday, or visit the firm's website at www.target.com

   To see this recall on CPSC's web site, including pictures of the recalled products, please go to:

   http://www.cpsc.gov/cpscpub/prerel/prhtml11/11320.html

   DOLLS RECALLED BY POTTERY BARN KIDS,  POSTED BY MITCH ALTER,  SEPTEMBER 9, 2011

   0 1 0
   Download image

   WASHINGTON, Sept. 8, 2011 /PRNewswire-USNewswire/ -- The U.S. Consumer Product Safety Commission and Health Canada, 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. It is illegal to resell or attempt to resell a recalled consumer product.

   (Logo: http://photos.prnewswire.com/prnh/20030904/USCSCLOGO )

   Name of product: Chloe, Sophie and Audrey soft dolls

   Units: About 81,000 in the United States and 1,300 in Canada

   Importer: Pottery Barn Kids, a division of Williams-Sonoma Inc., of San Francisco, Calif.

   Hazard: The hair on the Chloe and Sophie dolls may contain loops that are large enough to fit around a child's head and neck, and the headband on the Audrey doll, if loosened, can form a loop that fits around a child's head and neck. These loops can pose a strangulation hazard.

   Incidents/Injuries: The firm has received five reports of dolls with looped hair, including one report in which a loop of the Chloe doll's hair was found around the neck of a 21-month old child. The child was not injured.

   Description: This recall involves soft dolls sold under the names Audrey, Chloe and Sophie. The dolls measure about 17 inches high and have hair made of yarn. Audrey's hair is black, Chloe's hair is dark brown and Sophie's hair is blonde. The dolls are part of Pottery Barn Kid's Girl Doll Collection. The doll's name can be found on a tag sewn onto her bottom.
   Sold exclusively at: Pottery Barn Kids stores nationwide, online at www.potterybarnkids.com and through Pottery Barn Kids catalogs from July 2006 to April 2011 for about $40.

   Manufactured in: China
   Remedy: Consumers should take the dolls away from children immediately and cut the looped hair of the Chloe and Sophie dolls and remove the headband of the Audrey doll to eliminate the hazard. Consumers may also call Pottery Barn Kids for instructions on how to return the affected dolls for a merchandise credit.

   Consumer Contact: For additional information, contact Pottery Barn Kids toll-free at

   (855) 880-4504 between 4 a.m. and 9 p.m. PT seven days a week or visit the firm's website at www.potterybarnkids.com.

   Note: Health Canada's press release is available at http://cpsr-rspc.hc-sc.gc.ca/PR-RP/recall-retrait-eng.jsp?re_id=1389

   Photos are available at cpsc.gov and on CPSC's Flickr page.

   CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about it by visiting www.saferproducts.gov.

   ---

   The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries and property damage from consumer product incidents cost the nation more than $800 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters and household chemicals - contributed to a significant decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

   Under federal law, it is illegal to attempt to sell or re-sell this or any other recalled product.

   To report a dangerous product or a product-related injury go online to www.SaferProducts.gov, call CPSC's Hotline at (800) 638-2772 or teletypewriter at (800) 638-8270 for the hearing impaired. Consumers can obtain this news release and recall information at www.cpsc.gov. To join a free e-mail subscription list, please go to www.cpsc.gov/cpsclist.aspx.

   Firm's Recall Hotline: (855) 880-4504

   CPSC Recall Hotline: (800) 638-2772

   CPSC Media Contact: (301) 504-7908

   HC Media Contact: (613) 957-2983

   SOURCE U.S. Consumer Product Safety Commission

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   RELATED LINKS

    LIABILITY FOR POLICE PURSUITS   By Mitch Alter,  Vickery, Riehl & Alter, posted September 9, 2011

    A fatal crash recently occurred near Utica during a police chase when the operator of the vehicle, Spencer Lorenza, lost control and went off the roadway striking a tree.  His passenger, 16 year old Hannah Gattrell, was tragically killed in the collision.  The reasons for the pursuit by the Utica police department are unknown, and being investigated by the Ohio State Highway Patrol.  Whether or not proper police protocol was being followed by the chasing officer is also undetermined at this time.

   Ohio law grants broad immunities to political subdivisions when an officer is responding to an emergency call and when the operation of the vehicle did not constitute willful or wanton misconduct under Ohio Revised Code section 2744.  The officer operating the vehicle is also immune unless his actions were outside the scope of his employment or in wanton or reckless manner.  See the case of:

   Byrd v. Kirby, 2005-Ohio-1261, 04AP451, 05-LW-1207 (10th) (OHCA10)

   However, our firm has been successful in holding the political subdivisions and officers liable for their conduct in previous cases. Please visit our website or contact us for additional information.

   ---

    

   HAGGLE, DON'T SETTLE, WHEN IT COMES TO HEALTH COSTS   By Mitch Alter at Vickery, Riehl & Alter,   posted September 8, 2011

   If you don't ask, you can't save money on health care.

   Seems like forever that Consumer Reports has been telling people to haggle over the price of a microwave or a car. Now the folks behind the magazine want you to haggle with your doctor - or at least let her know that you can't afford that bypass.

   The cost of health care is expected to almost double in the next decade, and insurers and employers are increasingly shoving that cost onto individuals. As a result, even people with good insurance are finding it harder to pay medical bills.

   Shots talked with John Santa, an internal medicine doctor who directs the magazine's Health Ratings Center and wrote this call to medical bargain shopping. He says it's the first time the organization has advised people to dicker with their doctors, he says. And he understands why some people would rather have a colonoscopy than tell their doctor they're having money trouble. Still, he says, "Your doctor needs to know about the stresses in your life."

   Doctors' No. 1 frustration with patients is that they don't do what the doctor tells them to do - take the medicine or follow through on treatment. Very often that's because patients can't afford the medicine or treatment. Santa says a doctor really wants to know if money is tight, because there are many treatment options that are just as good if not better, and also less costly.

   He cites the diabetes drug Avandia, which got slammed by the Food and Drug Administration for posing heart-attack risks. Patients would have been much better off taking metformin, a cheaper drug without the risky side effects. He suggests starting the conversation with something general, like: "Let me know where I might be able to save on this treatment. That would really help me."

   Doctors and other health-care providers also have an ethical obligation to put patients' financial situation ahead of their own, he notes

   Talking with the doctor about costs before treatment is the best bet. But it's still OK to negotiate after getting slammed with a big bill for a high-ticket item like coronary angioplasty, Santa says. Hospitals and doctors usually offer discounted rates to insurance companies, and there's no reason that an individual couldn't get a discount, too.

   Consumer Reports' advice includes disputing any charges you think the insurance company should pay, and holding off on payment until you've exhausted all options. The nonprofit also suggests offering a discounted price with a payment plan that you know you can manage.

   One of the biggest hang-ups in shopping for health care is that it's hard to find out the real price. There's no Google Shopper for hip replacements. But the Healthcare Blue Book is a good start. This free service provides at least an inkling of what the going rate might be for that hip replacement ($20,566) or dental crown ($959).

   More: Health Inc.

   FDA Chides Pfizer For Omitting Drug Risks On Lipitor Website

   UnitedHealth Buys Another Calif. Doctor Group

   Google Forking Over $500 Million In Online Pharmacy Ad Settlement

   More: Health Inc.

    

    QUAKER OATS RECALL:  MILK ALLERGY ALERT

   Posted by Mitch Alter, Partner at Vickery, Riehl & Alter    www.vraohioaccidentandinjury.com 

   Quaker Oats Recalls Chewy Smashbar Graham Pretzel Snack Bars Tuesday, September 06, 2011 :: Staff infoZine Consumers with a milk allergy who have this product in their possession should return it to the retailer where it was purchased for a full refund. Washington, D.C. - infoZine - September 2, 2011 - Quaker Oats Company, a division of PepsiCo, has issued a voluntary recall of 8-count Quaker Chewy Smashbar Graham Pretzel snack bars due to an undeclared milk allergen that is not noted on the label. People who have an allergy or severe sensitivity to milk products run the risk of serious or life-threatening allergic reaction if they consume this product.
   
   The affected product is limited to Quaker Chewy Smashbar Graham Pretzel snack bars with the UPC bar code ending in 31108 and best before dates: Oct 29 11 RB, Oct 30 11 MM, Oct 30 11 RB, Nov 22 11 RB, Nov 23 11 RB, Nov 24 11 RB, Nov 27 11 RB, Dec 22 11 RB, Dec 22 11 MM, Dec 23 11 RB, Dec 23 11 MM, Dec 24 11 RB, Dec 24 11 MM stamped on the side of the package. Consumers with a milk allergy who have this product in their possession should return it to the retailer where it was purchased for a full refund.
   
   
   No other Quaker Chewy Smashbars, Quaker Chewy granola bars or Quaker products including the 40-count Quaker Chewy Smashbar variety pack sold at club stores are involved in this recall.
   
   Quaker is in the process of recovering the product involved and is in contact with the Food and Drug Administration (FDA) to ensure the continued safety of those consumers who may be impacted by this issue.
   
   This recall was initiated after it was discovered that the "may contain milk" disclaimer the product required was not included on the package. One allergic reaction has been reported to date in association with this product and the individual was treated immediately.
   
   Consumers with questions or concerns about the recall of Quaker Chewy Smashbar Graham Pretzel granola bars should contact Quaker by calling the toll-free hotline at 800-856-5781.
   
   Visit the Food and Drug Administration website at www.fda.gov 

    

   Honda recalls 1 million cars globally for computer, window issues

   By Mitch Alter,       Vickery, Riehl & Alter at www.vraohioaccidentandinjury.com

   posted September 7, 2011

   CNNMoney

   5:40 a.m. CDT, September 6, 2011

   Honda said Monday that it will recall 1 million cars globally to fix an electrical problem and a software glitch.
   
   The company is recalling 936,000 cars worldwide from its Fit and CR-V lines to replace the master switch for the cars' power windows. A design flaw can allow residue from window cleaners to accumulate, which over time can degrade the switch's electrical contacts and potentially cause a fire. No injuries have been reported from the problem, which affects 80,111 cars in the United States from the CR-V's 2006 model year.
   
   

   Honda is also recalling cars from its CR-Z compact hybrid line that are equipped with a manual transmission. A software bug could allow the motor, under some conditions, to rotate in the opposite direction from the transmission's gear -- allowing the car to, for example, roll backwards when the transmission is in forward gear. No injuries have been reported. Honda plans to fix the problem with a software upgrade. The recall affects 26,000 vehicles worldwide, including 5,626 cars in the United States.
   
   This is the second major recall for Honda in recent weeks, and a further setback for the Japanese carmaker as it struggles to recover from a run of bad news and sluggish sales. Honda recalled 1.5 million cars in the U.S. in early August to fix a transmission issue, and drew a scathing Consumer Reports review for the 2012 model year of its ultra-popular Civic compact car.

   See more news releases in: Household, Consumer & Cosmetics, Retail, Product Recalls

   Pacific Cycle Recalls Swing Sets Due to Fall Hazard; Sold Exclusively at Toys R Us

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   WASHINGTON, Aug. 30, 2011 /PRNewswire-USNewswire/ -- 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. It is illegal to resell or attempt to resell a recalled consumer product.

   (Logo: http://photos.prnewswire.com/prnh/20030904/USCSCLOGO)

   Name of product: Playsafe Dartmouth Swing Set
   Units: About 5,500
   Importer: Pacific Cycle Inc., of Madison, Wis.
   Hazard: The sling-style swing seats can crack or split prematurely, posing a fall hazard to consumers.
   Incidents/Injuries: Pacific Cycle has received five reports of the sling-style swing seats breaking during use, including reports of minor injuries involving bruises and scrapes.
   Description: This recall involves Playsafe's Dartmouth Swing Set, model number 22-PS340, with date codes FSD0115AA and FSD0315AA. The model number and date code can be found in the owner's manual. The swing set has six metal legs and includes two swings with yellow plastic sling-style seats, a yellow plastic sliding board, a two-person glider with yellow plastic seats, yellow plastic trapeze hanging rings and a four-person lawn swing with yellow plastic seats and footboard.
   Sold exclusively at: Toys R Us stores nationwide from January 2011 through May 2011 for about $270.
   Manufactured in: China
   Remedy: Consumers should immediately stop using the sling-style swing seats, remove the seats from the swing set and contact Pacific Cycle to obtain free replacement seats.
   Consumer Contact: For additional information, contact Pacific Cycle toll-free at (877) 564-2261 between 8 a.m. and 5 p.m. CT, Monday through Friday, or visit the firm's website at http://www.pacific-cycle.com or email customerservice@pacific-cycle.com.

   The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov.

   CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products-such as toys, cribs, power tools, cigarette lighters, and household chemicals-contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

   Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.

   To report a dangerous product or a product-related injury, go online to: SaferProducts.gov, call CPSC's Hotline at (800) 638-2772 or teletypewriter at (800) 638-8270 for the hearing impaired. Consumers can obtain this news release and product safety

   OHIO SUPREME COURT RENDERS ANOTHER PRO-INSURANCE  ANTI-CONSUMER OPINION   By Mitch Alter, posted August 30,2011

   The Ohio  Supreme Court recently ruled in the case of King v ProMedica Health System, Inc, that hospitals and medical providers can now bill the individual's auto medical payments coverage instead of their hospitalization coverage.  The law in Ohio under R.C. 1751.60(A) provides that the health care provider that contracts with a health insurance company shall seek compensation solely from the health insurance and not the individual enrollee.   In reversing the opinion of the Sixth District Court of Appeals, the Supreme Court rewrote the statutory language and held that the hospital may now collect an asset of the patient paid for through his or her automobile insurance policy, and is not solely limited to the patient's health insurance.  Previously, the patient could use these monies to pay co-payments, deductibles, or for treatment options excluded from health insurance coverage.  Does a separation of powers guaranteed by the Constitution truly exist in the State of Ohio, or does 'big-business' rule?

   Please visit the Supreme Court link for a copy of the Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2011/2011-Ohio-4200.pdf

   Also visit our website at www.vraohioaccidentandinjury.com for more information as to how our firm helps injured victims of car crashes, truck litigation, and insurance disputes. 

    

    

    

   SHOULDERFLEX MASSAGER/  SERIOUS HEALTH RISKS     By Mitch Alter, posted August 29,2011

   Serious Health Risks Posed by the Shoulderflex Massager Sunday, August 28, 2011 :: Staff infoZine Do not use or recommend use of the ShoulderFlex Massager. Washington, D.C. - infoZine - FDA notified health professionals and consumers of serious health risks posed by the ShoulderFlex Massager. FDA is aware of reports to the Consumer Product Safety Commission of one death and one near-strangulation associated with the ShoulderFlex Massager. These incidents occurred when a necklace and clothing became caught in a piece of the device that rotates during use. Two other reports involved clothing and hair became caught in the device.
   
   The ShoulderFlex Massager, distributed by King International, is a personal massage device designed for home use to provide deep tissue massage to the neck, shoulder and back while the user lies on a flat surface. King International has distributed 11,934 devices since Oct. 18, 2003. The devices were sold at various stores and online retailers in the United States.
   
   
   Shoulderflex Massager. Photo courtesy of FDA.    Do not use or recommend use of the ShoulderFlex Massager. Dispose of the device components separately so that the massager cannot be reassembled and used. The FDA is evaluating King International's plan for recall of the ShoulderFlex Massager, which may lead to additional action or communication by the FDA or King International.
   
   Prompt reporting of adverse events can help the FDA identify and better understand the risks associated with this product. Healthcare professionals and patients are encouraged to report adverse events or side effects to the FDA's MedWatch Safety Information and Adverse Event Reporting Program:
   

    Visit our website at www.vraohioaccidentandinjury.com 

    

   TEXTING AND DRIVING    By Mitch Alter, Vickery, Riehl & Alter,   August 29, 2011

    

   Distracted Driving

   At the U.S. Department of Transportation, we heard America's call to end the dangerous practice of distracted driving on our nation's roadways. Distracted driving is a serious, life-threatening practice and we will not rest until we stop it.

   We are leading the effort but you are the key to preventing distracted driving. The message is simple - Put it down!

   We will work across the spectrum with private and public entities as well as advocacy groups to tackle distracted driving, and, we will lead by example. We have taken first steps -- The President's Executive Order has established a new way to approach driving - by putting your device down and paying attention to the task at hand.

   Internally, the department's agencies are already working together to share knowledge and promote a greater understanding of the issue, and identify additional strategies to end distracted driving. Check back to this site often so you can stay abreast of our progress and to view the latest updates and information.  Visti www.nhtsa.gov/  for additional information.

   At Vickery, Riehl, & Alter, we handled a fatality involving a passenger in a vehicle whose driver was distracted while texting.  The driver was indicted for aggravated vehicular homicide, and we were successful in our claim for the wronful death resulting to our client.  Please visit our website at www.vraohioaccidentandinjury.com  for additional information.

    

   HIP IMPLANT COMPLAINTS SURGE    By Mitch Alter, Vickery, Riehl & Alter,  August 23, 2011

   The New York Times, www.nytimes.com, reports that the federal government has received a surge in complaints in recent months about failed hip replacements.  The Food and Drug Administration has received more than 5,000 reports since January 2011 about metal-on-metal hip implants failing after only a few years.  The typical hip replacement lasts fifteen years or more.  One of the most problematic devices, the A.S.R., was recalled last year by Johnson & Johnson.

   For more information about our firm and our recoveries for victims of failed hip implants, please visit our website at www.vraohioaccidentandinjury.com. 

    

   THE FORD PINTO MEMO:  THE COST TO REPAIR VS THE COST OF PAYING  INJURED VICTIMS

   Did you know that Ford Motor Co. in 1973 circulated a memo amongst senior management concluding in a cost-benefit analysis that it would be less expensive to alter production of autos known to be susceptible to firey explosions from leaking gas tanks than to pay victims for catastrophic burn injuries or deaths resulting from the defect?  See www.autosafety.org/ford-pinto-costbenefit-memo .

   Up until the first gas crisis of the 1970s, Americans were used to 30-cent-a-gallon gasoline. So American engineers weren't quite used to this business of dropping weight wherever possible in order to increase gas mileage. Consequently, the Pinto contained a major and potentially dangerous design flaw - the car had no classic, heavyweight bumper, as well as little reinforcement between the rear panel and the gas tank. When a Pinto got rear-ended, it was far too easy, even in a relatively minor accident, for the fuel tank to be ruptured, or worse, driven into the differential and punctured by the large bolts that held it in place. On top of this flaw, the doors could very easily jam after an accident, again due to the cracker-box construction that caused the metal to be so easily twisted and compressed. In other words, the Pinto was considered a deathtrap on four wheels.

   Now the conspiracy begins. Ford was fully aware of all these construction problems. However, people didn't know that until Mother Jones magazine published a stolen copy of an infamous memo that was sent out to all senior management at the Ford Motor Company.

   Here are the highlights of the memo on the altar worshipping the Almighty Buck:

   1. With expected unit sales of 11 million Pintos, and a total cost per unit to modify the fuel tank of $11, a recall would have cost Ford $121 million.

   2. But, using mathematical formulations of a probable 2,100 accidents that might result in 180 burn deaths, 180 seriously burned victims, and 2,100 burned-out vehicles, the "unit cost" per accident, assuming an out-of-court settlement, came to a probable $200,000 per death, $67,000 per serious injury, and $700 per burned-out vehicle, leaving a grand total of $49.53 million.

   3. Allowing the accidents to occur represented a net savings of nearly $70 million.

   4. Therefore, a human life was mathematically proven to be worth less than an $11 part.

    

    Please visit our website at www.vraohioaccidentandinjury.com  Posted August 23, 2011

    

   FORD RECALL AUGUST 2011:  COMPANY RECALLS 1.1 MILLION TRUCKS    

       

   Ford issued a recall on Monday for 1.1 million trucks due to fuel tank concerns.

   The National Highway Traffic Safety Administration (NHTSA) identifies the problem as follows:

   The straps that support the fuel tank can rust and break, possibly dropping the tank and causing a fuel leak. Leaking gasoline presents a fire hazard.

   A total of 243 incidents of fuel tanks dropping below the vehicle and/or dragging on the ground have been reported, as well as 95 involving fuel leakage and nine including sparks.

   PickupTrucks.com reports that models affected include: 1997-2003 Ford F-150, 2004 Ford F-150 Heritage Edition, 1997-1999 Ford F-250 and 2002-2003 Lincoln Blackwood. Trucks sold or registered in 12 states are part of the recall.

   Those affected by the recall can call Ford at 866-436-7332 or NHTSA at 888-327-4236.

   Ford previously recalled trucks in February, expanding that recall to 1.2 million vehicles in April.

   Meanwhile, the NHTSA escalated its probe of Ford Fusion and Mercury Milan wheel issues.

   Visit our website at www.vraohioaccidentandinjury .com  for information on our representation of injured victims.

   

   FORD RECALL:  AIRBAG DEPLOYMENT

   BY MITCH ALTER,   VICKERY, RIEHL & ALTER     www.vraohioaccidentandinjury.comm

   Ford Motors is issuing a recall of 144,000 F-150 pickup trucks from the model years of 2005 and 2006. Following an investigation by the National Highway Traffic Safety Administration (NHTSA) into 269 accidental airbag deployment reports, it was found that there may be a wiring issue in the vehicles' steering wheels.

   The airbag wires in the recalled trucks may be positioned so that they rub against the horn plate. Vibrations from driving can eventually cause the insulation to wear away and the wires to short, resulting in airbag deployment. For their part, the NHTSA requested Ford recall 1.3 million vehicles, but the automaker responded with the more modest number shown above. Chipped teeth and minor burns and cuts are the most commonly reported injuries, as deployment is most likely to happen when a car is first started and, therefore, not moving. It is unknown whether or not the NHTSA will insist on a larger recall.  Visit www.ford.com 

   IKEA SNIGLAR CRIB RECALL-  COLLAPSE OF MATTRESS SUPPORT

   By Mitch Alter, Vickery, Riehl & Alter  August 19,2011  www.vraohioaccidentandinjury.com

   IKEA has issued a SNIGLAR crib recall, affecting 20,000 cribs in the U.S. and 6,000 cribs in Canada. Reportedly, the bolts provided with certain SNIGLAR cribs to hold the mattress support may not be long enough. As a result, the mattress support can detach and collapse, posing an entrapment and suffocation risk to the infant inside the crib. The crib recall affects SNIGLAR non-dropside, full size cribs with model number 60091931. The affected cribs have the model number, as well as the words "SNIGLAR" and "IKEA," written on a label connected to the mattress support. The crib frame and mattress support were manufactured from light-colored, natural wood.

   The cribs implicated in the SNIGLAR crib recall were sold by IKEA across the country from Oct. 2005 to June 2010 and cost approximately $80. Consumers are advised to stop using the cribs immediately and examine the crib. If the mattress support bolts extend through the nut, the crib is not affected by the recall. However, if the bolt fails to extend through the nut, the bolts are not long enough and the crib is therefore included in the recall. Consumers can contact IKEA for a free repair kit, but are advised to find another safe sleeping environment for their child while waiting to receive the kit.

   The attorneys at Vickery, Riehl & Alter are available to provide assistance with legal claims and hope this information is of assistance to parents and the safety of their children.

    Visit www.ikea.com

   IKEA recalls SNIGLAR crib 70x132 for repair

   
   February 2011
   IKEA has decided to carry out a recall for repair of SNIGLAR crib 70x132.
   
   The four bolts provided with some SNIGLAR cribs to secure the mattress support are not long enough to extend through the lock nut and give visual confirmation of correct assembly.
   
   If incorrectly assembled, the mattress support could detach and collapse, creating a risk of entrapment and suffocation to a child in the crib.
   
   Customers should check the crib immediately. If the mattress support bolts extend through the nut, the bolts are the proper length and the crib is not included in the recall.
   
   
   
   If the bolts do not extend through the nut, please Contact IKEA Customer Services toll-free at (888) 966-4532 for a free repair kit.
   
   IKEA apologizes for any inconvenience this may cause customers.

   BIRTH DEFECTS LINKED TO POPULAR ANTIDEPRESSANTS 

   By Mitch Alter, Partner, Vickery, Riehl, Alter,  Columbus, OH 

   August, 19, 2011                             

   Selective serotonin reuptake inhibitors (SSRIs) are a class of antidepressants including the popular drugs Zoloft, Paxil, Lexapro, Prozac, and Celexa that have come under heightened scrutiny lately due to reports that they lead to increased risk of birth defects in children. SSRIs are the subject of numerous lawsuits across the country, and manufacturers have already paid out billions of dollars to settle these cases.

   Complications reportedly associated with SSRIs have been wide-ranging, including cardiac defects, persistent pulmonary hypertension (PPHN), Tetralology of the Fallot (TOF), abnormal skull development, Ventrical Septal Defect (VSD), gastrointestinal abnormalities, cardiac defects, brain defects, Atrial Septal Defect, and many others. One Danish study showed that taking certain SSRIs during the first trimester of pregnancy could lead to double, and in some cases, triple the risk of certain alleged SSRI birth defects. 

   Zoloft is the most popular SSRI, and is manufactured by Pfizer. In 2005, the last year before its patent expired, Zoloft's sales totaled over $3 billion. In 2007, reports surfaced that women taking Zoloft while pregnant were twice as likely to have a child with a birth defect or complication as other women who took a different class of antidepressants.  Lawsuits involving Zoloft increased after the FDA released a Zoloft alert in 2006 that the drug and other SSRIs significantly increased the risk of persistent pulmonary hypertension of the newborn (PPHN) and other birth defects.

   Paxil, manufactured by GlaxoSmithKline (GSK), has also not been a stranger to controversy, as the manufacturer has already paid out over $1 million in settlements. These lawsuits were filed after the manufacturer released a study in 2005 that Paxil birth defects were twice as likely as birth defects in children whose mothers took an alternative antidepressant.

   While SSRIs can improve a patient's mental health, they may also pose significant risks to pregnant women. Recent reports show that drug use during pregnancy is on the rise, which could mean more children are at risk for being born with birth defects. Before taking medication while pregnant, especially SSRIs, talk to your doctor and weigh the risks and benefits. If you or a loved one has delivered a child with a birth defect after taking an SSRI, contact a knowledgeable  attorney to seek legal recourse and compensation for medical bills and other damages.

   Visit our website at www.vraohioaccidentandinjury.com  

   HP RECALL OF NOTEBOOK BATTERIES DUE TO FIRE HAZARD                               

    BY Mitch Alter, Partner, Vickery, Riehl & Alter

   www.vraohioaccidentandinjury.com

   Hewlett-Packard has issued a recall for 162,600 of the Lithium-ion batteries used in HP and Compaq notebook computers. The recalled Lithium-ion batteries may overheat and rupture, posing a risk of serious injury or property damage. Consumers are advised to check any batteries they may have purchased as replacements or spares and to stop using the Lithium-ion batteries specified in the recall. HP has offered to replace the recalled batteries at no cost.

   In May of 2009, HP recalled 70,000 notebook batteries because of a fire hazard. The recall was expanded a year later to include another 54,000 batteries. The most recent recall comes in response to 40 reports of batteries that overheated and ruptured, causing severe burns, smoke inhalation injury, and 36 instances of property damage.

   The product liability attorneys at Morgan and Morgan hope that this information will help consumers keep themselves and their families informed on the possible risks associated with the recalled HP Lithium-ion batteries.

   VICTIM'S RIGHTS ERODED IN THE STATE OF OHIO

   By Mitch Alter on Wednesday, August 17,2011

   Beginning in early 2000, there has been a complete erosion of victim and consumer rights by both the Ohio General Assembly and the Ohio Supreme Court.  This is the result of the powerful interests of 'Big Business' stepping all over the 'little guy'.

   For example, the consumer pays for health insurance either through his/her job or privately.  When involved in an accident, he uses this insurance to pay for the medical bills incurred as a result of the injuries sustained.  The health insurance company then asks for reimbursement from the injured victim from his settlement with the auto insurance carrier for the medical bills paid.

   Prior law held that unless the injured party was "made whole" from the settlement, the health insurer was not entitled to reimbursement in full.  The logic is simple:  if the injured victim does not receive full compensation from the settlement, the health insurer also should not.  For example, let us assume the injured victim had a $50,000 hospital bill due to his accident, and the party at fault had only $12,500 in liability insurance, the state minimum amount required.  Prior law would limit the ability of the health inurer to recoup by way of subrogation the amount it gets paid out of the settlement because the victim was not 'made whole' by the settlement.

   The Ohio Supreme Court case of N. Buckeye Educ. Council Group Health Benefits Plan v. Lawson (2004), 103 Ohio St. 3d 188, held that the insurance companies could put language in their policies to eliminate the make-whole doctrine.  This allows the health insurance company to recover all of the $12,500 liability insurance in our example above, and the victim gets nothing.  No compensation for medical bills not covered by insurance, no compensation for lost wages, no compensation at all.

   Please visit our website for more information as to how the law firm of Vickery, Riehl & Alter fight for the 'little guy's' rights. 

   RETROREFLECTIVE TAPE ON TRACTOR TRAILERS

   By Mitch Alter on Tuesday, August 16,2011

   The purpose of retroreflective tape on tractor trailers is to increase the visibility of heavy trailers to other motorists, especially in the dark.  At those times, the tape brightly reflects other motorist's headlights and warns them that they are closing on a heavy trailer.  In the dark, without tape, many trailers do not become visible to other road users until they are dangerously close.  The alternating red-and-white pattern flags its bearer as a heavy trailer and at the same time helps other road users guage their distance and rate of approach.

   Federal Motor Carrier Safety Rules require retroreflective sheeting and reflex reflectors for all trailers manufactured before December 1, 1993, under section 393.13.

   For additional reference to Federal Motor Carrier regulations, please visit www.fmcsa.dot.gov. 

   For additional imformation on all trucking companies registered with the Department of Transportation,e.g., types of authority, number of trucks, insurance coverage, number of accidents in the last two years, safety rating, please visit www.safersys.org. 

   At Vickery, Riehl & Alter, we previously handled a case involving a fatality when a trucker was backing his unit on a county road late at night, as he had missed his turn, and his trailer was not visible due to a lack of reflective taping required by law.  Please visit our website for more information at Vickery, Riehl & Alter. 

   PELOTONIA
   

   By Mitch Alter on Monday, August 9, 2011

   Pelotonia is a cycling event which raises money for cancer research and contributes 100% of the dollars raised to Ohio State University's James Cancer Hospital. It was the creation of its Executive Director, Tom Lennox, who himself is a cancer survivor. It is one of the most successful non-profit vehicles in the country, and raised 4 million in 2009, and nearly 8 million last year.

   Its success is a result of the hard work of its organizers, and corporate sponsorship of local companies including the Huntington National Bank and Limited Brands. Nearly 5,000 riders will take to the roadways this month and 2011's contributions are expected to gross in excess of 10 million dollars.

   Please visit pelotonia.org to support this charity and read the posts of the riders and their inspirational stories.

   Truck Accident Information Sources

   By Mitch Alter on Monday, June 20, 2011

   At Vickery, Riehl & Alter, we investigate and pursue negligent tractor-trailer drivers on behalf of victims who have suffered devastating injuries. We have obtained multiple million dollar recoveries after holding the negligent trucker and his company accountable. Here are some helpful information sources on the trucking industry:

   www.safersys.org information on all trucking companies registered with the Dept. of Transportation,e.g., types of authority, number of trucks, insurance coverage, number of accidents in the last 2 years, safety rating.

   www.fmcsa.dot.gov information on government regulations, inspection of trucks, moving and equipment violations for individual trucking companies

   www.ntis.gov National Technical Information Service - The National Transportation Safety Board investigates, reports and makes recommendations on issues arising out of major truck crashes.

   www.dot.gov National Highway Traffic Safety Administration-compiles statistics on motor vehicle accidents, sets standards for truck design and manufacture and the use of highways and investigates alleged defects in trucks.

   Please visit our website for additional information regarding the representation of injured victims throughout Ohio and neighboring states.

   Motocycle Accidents

   By Mitch Alter on Friday, June 17, 2011

   In 2006, about 4,935 people were killed riding motorcycles. The failure of motorists to detect and recognize motorcycles in traffic is the major cause of all bike accidents. Intersections are the most likely place for the motorcycle accident, with the other vehicle violating the motorcycle right-of-way. The typical motorcycle accident allows the cyclist just less than 2 seconds to complete all collision avoidance action.

   Please be conscious of motorcycles when you drive, and share the road accordingly. For more information of our lawfirm's successful representation of motorcyclists, please visit our website at www.vraohioaccidentandinjury.com.

   We have obtained settlements in excess of $1,000,000.00 on behalf of the injured cyclist and his/her family.

   Statistics from the "Motorcycle Accident Cause Factors and Identification of Countermeasures" study, conducted by the University of Southern California, with funds from the National Highway Traffice Safety Administration, researched by Harry Hurt. See www.nhtsa.gov

   CONCUSSIONS ARE SERIOUS INJURIES

   By Lawrence Riehl on Thursday, June 16, 2011

   Vickery, Riehl and Alter have been representing injured persons and protecting their legal rights for over 30 years. One of the most troubling injuries is the concussion or mild traumatic brain injury (TBI). Automobile accidents are the leading cause of traumatic brain injury in the United States.

   Mild traumatic brain injury is the most prevalent TBI and is often missed at the time of the initial injury. 15% of people with mild TBI have symptoms that last 1 year or more.

   Many clients will report during the initial interview with our office that they are having fatigue, headaches, memory loss, poor attention/concentration, sleep disturbances, dizziness or loss of balance and confusion. However, many times this injury is not reported in the emergency department records and is often overlooked.

   While there are tests available for TBI, many times MRI and CT scans are normal with mild TBI injuries.

   If you've unfortunately been involved in an automobile collision and have any of these symptoms, it is important to report these to your doctor so that a proper diagnosis can be made and as well proper counseling received as to what limitations you should take until you become symptom free.

   Even though this type of TBI is called "mild", the effect on the family and the injured person can be devastating.

   Please visit our website at Vickey, Riehl, & Alter for more information.

   DID YOU KNOW ABOUT RESIDENT-RELATIVE EXCLUSIONS??

   By Mitch Alter on Monday, June 13, 2011

   Are you aware that many insurance companies write exclusions in their policies that preclude a resident-relative from receiving the benefits of the insurance policy you purchased? For example, if the husband is driving the insured auto with his daughter or wife as a passenger, and runs a red light, and causes serious injury to the family member occupants, many insurance policies preclude compensation for his injured family members. Does this make any sense? An auto insurance policy that does not protect the ones that you loved most? In the event that the driver's conduct was deemed reckless, the criminal court would still prosecute him for his conduct. Yet no civil remedy by way of an insurance claim may exist.

   Ask your agent when you purchase or renew your auto policy if you are covered for this situation. Some companies do not exclude this coverage scenario, while many others do. If the injured party was the breadwinner for the family, and the auto policy excludes compensation, where does that leave you. Be careful when purchasing coverage and run this scenario by your agent. This unknown exclusion is found in many of the major insurance companies policies, including Allstate, the 'good hands people'.

   See the Third District Court of Appeals opinion of Allstate Insurance Company v Eyster, 189 Ohio App.3d 640 (decided August 9, 2010). Please consult our firm for more information and visit our website.

   INSURANCE COMPANY WRONGFULLY DENIES COVERAGE

   By Mitch Alter on Wednesday, May 18, 2011

   The Ohio Supreme Court recently held that Westfield Insurance Company wrongfully denied coverage to its own insured in the case of Westfield Ins. Co. v. Hunter, Slip Opinion No. 2011-Ohio-1818. The Hunter's purchased a homeowners liability policy from Westfield, paid the premiums for the coverage, and when they were sued for negligence resulting from an injury to a minor operating an all-terrain vehicle on their property, Westfield, their own insurance company, denied coverage.

   Westfield relied upon an exclusion in the homeowner's policy as its basis for denial, but the Ohio Supreme Court held the exclusion was not a valid basis for denying coverage. The Court's opinion was decided on April 20, 2011 and may be found at the website of The Ohio Supreme Court: www.supremcourt.ohio.gov.

   Just because an insurance company or their agent/adjuster represents that there is no coverage applicable, do not necessarily believe them. Visit our website to see our track record of fighting for victims and consumers against insurance companies. Always consult an attorney that devotes his or her practice to the representation of injured parties.

   OHIO QUI TAM LEGISLATION/ WHISTLEBLOWERS

   By Mitch Alter on Monday, May 2, 2011

   The Ohio Legislature has introduced a new bill under S.B. 143 to enact a whistleblower statute to provide for the recovery of damages for defrauding the state and authorizing individuals to bring cicil actions in the name of the state to remedy frauds. This acts to encourage whistleblowers to prosecute actions against firms that overcharge on government contracts.

   A federal law is already in place, and since its passage recoveries on behalf of the government have totaled more than 12 billion from contractor fraud. Health South, a health care corporation, recently agreed to pay the United States government $325 million to settle a lawsuit that had grown out of a qui tam whistleblowers' suit under the Flase Claims Act.

   The whistleblower bill allows the the government and the private citizen who brings the action to share the fruits of the recovery. The bill also provides protection to the whistleblower for coming forward, and in addition to money damages, the whistleblower is entitled to all relief necessary to make him/her whole. This includes reinstatement of their job and seniority status, two times back pay, and compensation for any and all acts of discrimination taken against them.

   Please visit our website for information about our firm.

   TRUCK CRASHES/ EVENT DATA RECORDERS

   By Mitch Alter on Wednesday, April 20, 2011

   Data Recording Devices are found in many tractor trailors today. Data retrieved from on board vehicle computers can at times be the only means of ascertaining accident causation under certain circumstances, ie., when fatalities occur. One case involved a sole survivor, the truck operator, who alleged the deceased driver of the passenger car was at fault. The data recorder in his truck proved otherwise.

   What you may not know is that legislation limits the period of time that the data contained in the truck recorder must be saved. We have handled cases where the trucking company has destroyed the data outside the six month period even when they were aware of multiple deaths, and pending litigation.

   Do not trust the promises of the insurance company that they will retain all evidence and treat the victim fairly. Their bottom line is to save costs, and the trucking company will not voluntarily produce any information unless forced to.

   The trucking company and their insurers will be on the scene of the crash at the same time of the investigating police agencies. They are not in a search for the truth, but are looking for reasons, or defenses, why they should not pay.

   Please visit our website and contact our law firm. We have vast experience in holding the trucking companies and their insurers accountable. We often find violations of the Federal Motor Carrier Safety Regulations, which played a role in causing the catastrophy.

   Helpful resource links include www.safersys.org. www.fmcsa.dot.gov. www.ntis.gov.

   HIP REPLACEMENT RECALL

   By Mitch Alter on Thursday, April 14, 2011

   DePuy Orthopaedics, a division of Johnson & Johnson, has recalled its ASR XL Acetabular System and the ASR Hip Resurfacing System. If you have had a hip replacement surgery subsequent to July 2003, you may have had this recalled device implanted. It is necessary that you contact your surgeon to find out the manufacturer and model of the system.

   Please contact our law firm in Columbus, Ohio for additional information. Symptoms from the failure of the device include pain, difficulty walking, loosening of the implant, a clicking or clanking sound when you walk, hip dislocation, and fracture of the bone around the implant.

   Follow-up surgery may be necessary and statistics show that 12-13% of these systems are failing within 5 years. Approximately 93,000 patients have received the DePuy hip implant.

   Our law firm has handled multiple cases involving hip implant failure. You need competent legal advise and counsel to pursue this matter, and do not trust the maunufacture to treat you fairly. They knew of the defect for many years prior to the voluntary recall and took no actions, allowing surgeons to continue to use the faulty product.

   You are entitled to complete compensation for being foced to undergo a second serious surgery, and all of the rehabilitation, pain, and inconvenience associated with it. Please visit our website and contact us for a free consultation.

   IS YOUR OFFENSE 'EXPUNGED'?

   By Mitch Alter on Tuesday, April 12, 2011

   EXPUNGEMENT is the sealing of a past criminal record so it is no longer publicly available. The law provides for the expungement of certain crimes only, through a legal preceeding.

   In this day of information overload through the internet, the question is whether or not the past criminal offense has truly been expunged. Consumer reporting agencies, through the use of supercomputers, are pulling data from courts of arrest information and including this information to employers requesting criminal background checks on employees and applicants. The reporting agencies are not following up always to see if the charges were dismissed or expunged.

   With regard to a crime that has been expunged, we have come across instances where the consumer reporting agency has reported a criminal conviction to a prospective employer which has in fact been expunged and sealed by the court. This happens because the original crime and record of conviction was entered in the reporting agency database when the case was a part of public record, but no follow-up was made to check and see if the crime was expunged.

   The FAIR CREDIT REPORTING ACT(FCRA) provides protection to consumers harmed in such fashion. The inaccurate report may be the reason the applicant was denied employment, denied a mortgage, or denied a favorable loan rate.

   One employer, First Group America, a Cincinnati-based trucking group, just paid a $4.3 million settlement for obtaining criminal background checks on employees and applicants without their written authorization and denying employment to applicants without providing a copy of the report.

   Please visit our website for more information and contact us with any related questions.

   
   

   GOVERNMENTAL IMMUNITY/ CHILD CARE

   By Mitch Alter on Wednesday, April 6, 2011

   FACTS:

   In 1995, a mother went to pick up her her 8 month old son from a day-care home certified by the Department of Human Services/Cuyahoga County. When the child was brought to the mother, he was not breathing, his body was cold, and and there was the residue of tape that had been placed over the child's mouth and nose. The child was pronounced dead at the University Hospitals Rainbow Babies and Children's Hospital.

   The law requires that the County perform mandatory inspections of day-care facilities, and also perform criminal background checks on its employees. The County failed to comply with either any inspections or criminal background checks.

   The young infant died as a direct result of being smothered with duct tape.

   THE DECISION OF THE OHIO SUPREME COURT:

   The Court found that the County was entitled to immunity and the case was dismissed. Government has the right to negligently injure and kill its citizens with immunity, and face no legal consequences.

   What is wrong with this picture? How can this be the law? The government receives no punishment for doing wrong, and no has accountability. What if this was your child? Think about the Columbus Police Department employees that recently failed to respond to the two young people injured recently in an accident that called for help, but help arrived 90 minutes later as a result of the police officers negligence.

   Please visit our website at Vickery, Riehl & Alter for more information. We have been successful in attacking governmental immunity and recovering monetary settlements on behalf of the injured.

   ALLSTATE-- ARE YOU IN GOOD HANDS??

   By Mitch Alter on Monday, April 4, 2011

   An appeals court recently upheld the 16 million dollar bad faith judgment against Allstate Insurance for the insurer's failure to to settle a claim for the $50,000 liability limit on an auto insurance policy. The victim filed a claim against the Allstate policyholder, who was at fault for causing the accident, after spending 35 days in the hospital and incurring medical expenses at a cost of $320,000.

   Insurance companies have been known to wrongfully refuse to pay claims, even though the law requires them to exercise good faith. Allstate has the worst reputation in this regard in our experience. They often defend and deny claims in an effort to force the injured victim into an unreasonable settlement.

   I recently handled a claim where Allstate refused payment of a $50,000 policy limit in a wrongful death claim of a 17 year old high school student that was a passenger in a vehicle. Allstate would rather pay their attorneys to defend claims than tender proper payment to the victim.

   If you were injured in an auto accident, do not trust the insurance company to treat you fairly. They will take a recorded statement from you not in an effort to find out what happened, but to set up reasons why they are not responsible to compensate you for your injury.

   Please visit our website to review the success we have had in fighting insurance companies on behalf of our clients. Do not sign or talk to the insurance company before you have consulted someone that is truly on your side.

   BALANCE BILLING BY HOSPITALS

   By Mitch Alter on Tuesday, March 15, 2011

   Hospitals contract with health insurers to accept payments for medical services. This payment is often less than the full bill, and includes negotiated adjustments to the bills called "write-offs". The benefit to the hospital is a large pool of of potential clients, and the benefit to the patient is the reduced negotiated rate.

   However, the hosptials often attempt to bypass the rate agreed upon if they think they can collect at the full rate without adjustment. The issue is apparent when the patient has a tort claim arising out of an accident, and the hospital attempts to seek payment of their bill in full from auto liablilty policies.

   Hospitals are now identifying upon admission patients with personal injury claims and having the patient sign documents granting them the ability to take the money due for services rendered from the party-at-fault's liability insurance. This is an attempt to bypass the negotiated rate of the patient's health insurance plan.

   This practice of "balance billing" is contrary to the law stated in Ohio Revised Code Section 1751.60(A), which provides that the hospital shall seek compensation solely from the health insurance provider.

   Hospitals also attempt to collect the first party medical payments coverage benefits in violation of the statute from the patient, in an effort to get paid dollar for dollar for treatment rendered.

   As a patient, do not sign any paperwork that talks about assigning benefits from your auto accident claim to the hospital. Insist that the hospital bill your health insurance plan as they are required to do under the law.

   Please visit our website to contact us directly.

   MULTI-VEHICLE CRASH CLOSES I-71 NB COLUMBUS, OHIO

   By Mitch Alter on Friday, March 4, 2011

   A multiple vehicle crash closed Interstate 71NB in Columbus, Ohio today on March 04,2011. The crash happened just south of Frank Road at about 6:25 a.m. At least five vehicles were involved and multiple parties were injured.

   In any multiple vehicle crash, insurance companies tend to blame other parties to escape paying money for the injured. In a case recently reported in www.verdicts.com, which was handled by our law firm, the at-fault tanker trucking company resisted payment for the dual wrongful deaths caused by their driver by blaming a third vehicle involved in the crash. We ended up settling the case with the tanker company after litigation and endless hours of work for four million six hundred and twenty-five thousand dollars.

   Never accept the promise of an insurance company to pay you full compensation for your injuries, which they often represent to you at the start. They always look for reasons not to pay by pointing the finger at another party, and never offer a fair value for your claims. Their interest is to protect the insurance company, and no one else. But the insurance company will always tell you not to hire an attorney, as they will treat you fairly. Instead, they will ' investigate' the accident and set up reasons why they are not at fault and should not pay.

   Please consult an attorney and visit our website.

   $4.265 MILLION DOLLAR SETTLEMENT REPORTED

   By Mitch Alter on Friday, March 4, 2011

   The Ohio Trial Reporter is a publication that tracks jury verdicts and settlements throughout the state of Ohio. Recently reported was a $4,625,000.00 settlement achieved by lead counsel, Mitchell J. Alter of the firm, Vickery, Riehl, & Alter. The summary of the case is published electronically on LEXIS-NEXIS, WestLaw and www.verdicts.com.

   The suit was filed in the Clark County, Ohio Court of Common Pleas in Springfield. The case number is 06CVC0514, and is styled Estate of Margaret Patton and Estate of Schuyler Wood v. Darling International and James B. Holland;Undercar Specialty Warehouse and Frederick Woods.

   Margaret Patton was driving a small Mazda with her son, Schuyler Wood, as a front seat passenger on August 3, 2005. They were stopped in traffic due to an accident that did not involve them. While stopped, the Patton vehicle was rear-ended by a tanker truck operated by Holland, who was working for Darling International, Inc. The impact speed was approximately 65mph. Holland's truck drove over the back and top of the Patton vehicle, and then collided with the Wood's vehicle. The gas tank on the Mazda ruptured and all three vehicles became engulfed in flames. Patton and her son were trapped in their vehicle with no means of escape and died. The fire was so intense that emergency responders did not even find the Patton vehicle and the bodies until after the fire was brought under control.

   A urine drug screen test of Holland, the tanker driver that rear-ended the Patton vehicle was postive for the presence of opiates in Holland's system. However, he was charged only with misdemeanor vehicular manslaughter as a result of the failure to obtain follow-up definitive testing with regard to the drug screen.

   The settlement is believed to be one of the largest personal injury settlements in Clark County Ohio.

   For more information, please visit our website. The initial settlement offer made on the case by the insurance companies was in the amount of $900,000.00.

   DRUNKEN DRIVERS BEWARE

   By Mitch Alter on Wednesday, March 2, 2011

   The Ohio State Highway Patrol is focusing on getting drunk drivers off the road. Col. John Born, patrol superintendant, aims to decrease the number of all fatal crashes in Ohio by 10% over the next three years.

   There were 14,038 alcohol-related crashes on Ohio roads last year, with 411 fatalities and 8,584 injuries. Almost 10,000 people per year are killed in crashes involving alcohol in the United States alone.

   Let us support our law enforcement in eradicating the drunk driver, and save the lives of our family and friends.

   SLIP-FALL INJURIES

   By Mitch Alter on Tuesday, February 22, 2011

   In Ohio, the law is not favorable to the person injured on the premises of another. A property owner has a duty to exercise ordinary care in maintaining its premises in a reasonably safe condition so as not to expose people to danger. However, there is no liability of the property owner to warn an invitee of dangers that are obvious and apparent. The rationale is that the open and obvious nature of the hazard itself serves as warning.

   The law goes futher in holding that the person does not need to observe the dangerous condition, rather the determinative issue is whether the hazard is observable. In other words, even when the injured party did not actually notice the condition until after he or she fell, courts reject recovery where the party could have seen the condition if he or she had looked.

   The problem is that most ordinary people do not look constantly downward while walking, but are directing their attention elsewhere.

   Our firm recently overcame the open and obvious defense in a case where a patron of a mall tripped on a sprinkler head that was stuck in the up position when not dispensing water as he was walking towards the mall. The black shaft of the sprinkler head was concealed against black mulch surrounding it. Our injured client fell forward on to the concrete sidewalk, cupped his hands over his face while falling, and injured his eye when the impact with ground caused his contact lens to shatter. After multiple surgeries, he ended up losing vision in his eye.

   Please visit our website for more information on our firm, and our representation of the seriously injured. We will fight the insurance companies for just compensation even when the law is stacked against our client's claim.

   TORT REFORM PROPOSALS/ WAKE UP OHIO

   By Mitch Alter on Thursday, February 17, 2011

   The Ohio State Medical Association wants the General Assembly to pass a bill granting immunity to emergency room physicians for making medical errors. In plain and simple terms, the emergency room doctors that treat you will no longer be held accountable or responsible for their negligence.

   The Ohio legislature several years ago limited the amount of financial awards for medical malpractice, and the number of lawsuits declined by about 35%. Physicians medical malpractice insurance rates declined as well. But now the Ohio State Medical Association wants to take advantage of the Republican control of the legislature to the disadvantage of victims. When will Ohioans wake up and smell the roses? Under the guise of "less government" argument, the little guy is losing all protections, and the rich get richer mentality controls.

   Why should the emergency room doctor not be held responsible for making a medical error? Perhaps the taxpayers should be saddled with the bill. So long as the wealthy lobby of the physicians greases the pockets of our representatives, and the voice of the victims goes unheard, expect more and more limitations in the future.

   MADD OHIO HONORS LAW ENFORCEMENT

   By Mitch Alter on Wednesday, February 16, 2011

   MADD, Mothers Against Drunk Driving, honors its local law enforcement heroes on February 17, 2011 at the Villa Milano at 11:00 am. This is their annual recognition "Awards of Excellence" luncheon and ceremony.

   The organization provides invaluable assistance to victims of crime with a primary focus on drunk driving. There were 11,773 alcohol-impaired driving fatalities in 2008. Nearly 1.4 million driving-while-impaired (DWI) arrests occur in the United States each year. In 2006, an estimated 278,000 people were injured in motor vehicle crashes where police reported that alcohol was present, a 9% increase over the previous year.

   Please support this worthy organization in honoring law enforcement and recognizing victim/survivors. For more information please visit our website.

   AGGRAVATED VEHICULAR HOMICIDE CHARGES FOR TEXTING WHILE DRIVING

   By Mitch Alter on Tuesday, February 15, 2011

   I represent the family of Keith Homstad Jr., a 23 year old serviceman, Airman 1St class, who tragically lost his life in a vehicular collision occurring on August 04, 2010. Keith was visiting his parents when home on leave from Robins Air Force Base in Georgia.

   The party that caused the collison, Megan Peterson, a Knox County teenager, was indicted in Knox County by the grand jury for Aggravated Vehicular Homicide, and Aggravated Vehicular Assault. Both charges are felonies, and convictions may result in a prison sentence of 1 to 5 years for the homicide, and 6 to 18 months for the assault. Additionally, fines up to $10,000.00 and $5,000.00 may be rendered. The driving rights suspension for the aggravated homicide charge is a definite period of 3 years to life, and a definite suspension of 1 year to 5 years for the aggravated assault.

   The indictment for the charges was based upon the allegation that the teen was texting on her cell phone at the time of the crash. Because her attention was diverted to her texts, she failed to see the vehicle in front of hers slow to make a turn, and then went left of center and struck another vehicle head on. Also sustaining serious injuries was the driver of the vehicle struck, Ryan Thogmartin.

   Subpoenas of the teens cell phone records reveal that she had sent and received 222 texts over the 12 hour period preceding the crash, and was texting and driving each minute during the 20 minute period of time immediately preceding the crash.

   A Franklin County grand jury recently indicted a 56 year old man, Daniel Jacobs, of Reynoldsburg for aggravated vehicular homicide for texting behind the wheel and causing the death of a 16-year-old student driver, Dalton Ludwig, who was sitting behind the wheel with his driving instructor, Floyd Evans, when struck. Their vehicle was stopped off the side of the rode to discuss how to safely get on and off a freeway.

   Texting has become such commonplace, especially among teenagers, that there is little awareness of the distraction that results, and the severe life-changing consequences that may occur. The family members of the victims will never get to see their loved ones again, and the loss is so sensless.

   Please take this time to impress upon your teens, and adult family members as well, that this conduct is inexcusable, and the results may be both devastating for not only the injured parties but for them as well. There is very little difference between drinking and driving, and texting and driving, as the law will consider both to be reckless conduct. Texting and driving is an accident just waiting to happen.

   NEGLIGENT TRUCKER JAILED FOR CRASH

   By Mitch Alter on Monday, November 22, 2010

   A first year Denison University student, Juliana M. Karmann, was tragically killed in an accident when an indifferent tractor-trailer operator, Yul Tyrone Godfrey, pulled out in front of her moving vehicle and caused the crash.

   Passengers in Ms. Karmann's car included three classmates, Catherine A. Maiorana, Madison M. K. Saunders and Bennett Osentowski, all of whom were injured. The students were headed to their hometown of Bloomfield Michigan for Thanksgiving break.

   Godfrey was charged with negligent homicide and failure to yield by the Bucyrus branch of the Ohio State Highway Patrol. Such a needless loss of life the result of a professional driver who was so careless.

   In just about every case we have handled involving truckers, we find violations of Federal Motor Carrier Rules and Regulations. We have found cover-ups including falsifications of driver log books, driving over the alloted hours, illegal use of controlled substances, improper training, truckers who have fallen asleep at the wheel, and many other equipment violations. The insurance company for the truckers routinely attempt to conceal the facts and rarely take responsibility.

   Our hearts go out to the families of the injured Denison students. It is a tragedy that the Karmann family will be without their daughter this Thanksgiving, and forever more. It hits very close to home as my daughter, also a Denison University student, was a classmate of Julianna.

   Our prayers go out to the Karmann family. Justice is never served under circumstances such as this.

   RECKLESS SEMI-TRUCK DRIVER KILLS INNOCENT MOTORIST

   By Mitch Alter on Wednesday, November 3, 2010

   On November 02, 2010, the Ohio State Highway Patrol reported that a driver died when her sport utility vehicle was struck from behind by a semi-truck and landed on its roof in the Mohican River. The driver killed was 44 year old Brenda C. Scott of Crestline, Ohio.

   The patrol says the impact of the crash sent Mrs. Scott's Tahoe over a guardrail and off a bridge on U.S. 30. The truck driver sustained minor injuries.

   At Vickery, Riehl, & Alter, we have successfully been the voice of victims of terrible crashes involving the trucking industry. We have handled multiple wrongful death claims arising out of negligent and reckless truck drivers. We make certain the victim's family are heard in the criminal prosecutions against the trucker, and aggressively subpoena all truck documents that may lead to a finding of something more than just negligence.

   In our experience as trial attorneys, we have uncovered multiple violations of both the truck driver and the truck company, including driving over allowed hours, the improper use of controlled substances, improper training, falsification of log books, improper maintenance of vehicles, failures to inspect the load, and many others.

   We recently concluded a case in Clark County where the trucker rear-ended a vehicle stopped in traffic on Interstate 70 outside of Springfield, and a mother and her 21 year old son were killed when the gas tank exploded and they were trapped inside the vehicle. The case was settled for a record amount of $4.625 million dollars for the wrongful death claims.

   SLIP AND FALL INJURIES

   By Mitch Alter on Wednesday, November 3, 2010

   In Ohio, the law is unfavorable for the party injured in a slip fall case. Courts routinely dismiss these claims and hold that the fall was caused by the negligence of the injured party in failing to observe an "open and obvious" hazard. Little, if any, consideration is given to the defendant's negligence in creating the hazard and placing it in the plaintiff's path.

   A property owner has a legal duty to persons entering the property to maintain the premises in a reasonably safe condition and warn its invitees of hidden dangers. Also, the property owner must not injure its invitees by negligent activities conducted on its premises.

   A different legal standard exists as it relates to property managers. An independent contractor that creates a dangerous condition is held to a higher standard of care.

   The duty to keep property in a reasonably safe condition also includes the duty to inspect to discover hazards, and the property owner may be held liable for unknown hazards which would have been revealed by a reasonable inspection of the property.

   Seek legal advise before giving a recorded statement to an insurance adjuster. Often times the owner represents that they will pay for all medical expenses associated with the fall, but later refuse payment based upon the admissions given in the injured party's statement. The statement is a trap to defeat the injured party's claim, although requested under the guise that once it is completed payment will be made.

   At Vickery, Riehl, & Alter, we just successfully settled a slip fall case with serious injury against a property owner and property manager at a large shopping mall, with a recovery in excess of $90,000.00. Please visit our website for more information on the services we provide representing injured victims.

   JOHNSON & JOHNSON RECALLS FAILURE-PRONE HIP IMPLANTS

   By Mitch Alter on Wednesday, October 27, 2010

   DePuy Orthopaedics, a unit of Johnson & Johnson, has voluntarily recalled its ASR XL Acetabular System and DePuy ASR Hip Resurfacing System as the hip implant is prone to early failure. The signs of trouble include swelling, pain and even difficulty walking. Persistent symptoms can signal a loose implant, fracture of the bone around it, or discoloration of the implant's ball and socket.

   This recall is the 11th J&J recall since last September. The recall was announced in August 2010, but evidence suggests that J&J knew for years that many of the 93,000 patients with ASR hip implants required corrective surgeries due to mechanisms' defects.

   The recall came just two days after US Food and Drug Administration officials warned DePuy about selling two other hip-replacement systems for unapproved uses. DePuy generated more than $5.4 billion in sales last year.

   If you have received this hip implant, immediately consult your orthopedic surgeon. Also contact our law firm, Vickery, Riehl, & Alter for legal advise. Do not execute medical authorizations to DePuy or contact Johnson & Johnson.

   Our law firm has handled multiple cases involving hip implant failure associated with the Zimmer Durom Cup Hip recall. You need competent legal advise to pursue this matter. Do not trust DePuy or J&J to treat you fairly, as they knew of the defect for many years prior to the recall and took no action, as surgeons continued to implant their faulty product. Please visit our website and contact us for a free consultation.

   THE UNINSURED MOTORIST

   By Mitch Alter on Tuesday, October 19, 2010

   Statistics show that twenty percent of motorists in the State of Ohio are operating their vehicles without insurance. What does this mean to you? If you are struck by an at-fault driver with no insurance, your only recourse will be against your own auto insurance company. Your agent should offer you as a part of your coverage package, uninsured and underinsured motorist coverage. The premiums associated with this coverage are not costly, and this coverage protects you and your family members against uncompensated injury losses. Although this coverage is not mandatory under the law, it is extremely important as it covers you and your loved ones living in your home, for loss when struck by someone without insurance. It also provides coverage to you in the event the party-at-fault has minimum, or low limits, coverage. Additionally, it provides protection to all insured under your policy when struck as a pedestrian, or even as a passenger in someone else vehice.

   We at Vickery, Riehl, & Alter have handled many uninsured and underinsured motorist cases on behalf of our clients. Just because the claim is against your own insurance company, DO NOT think that your company will explain all the important ramifications of your claim, or pay you a fair amount for your claim. They will hire their own set of lawyers and fight every aspect of your legitimate claim. They hire doctors of their choice to testify against you, and do not care that you have paid the premium for this coverage.

   We currently represent a couple who received devastating injuries when struck by a motorist fleeing the police who was uninsured. State Farm Insurance Company has refused to pay them under their own uninsured motorist coverage a fair amount, hired a lawyer to fight their claim in court, and claim that they were not seriously injured. State Farm has insisted they sign medical authorizations to review their past medical history going back over thirty years.

   Please visit our website and contact the law firm of Vickery, Riehl, & Alter for more information.

   ...IS ON YOUR SIDE?

   By Mitch Alter on Monday, October 18, 2010

   Insurance companies often claim to be "on your side", or claim that you are "in good hands", but watch out when you present a claim against them. They look for reasons not to pay you fair value for your claim, and then hire their lawyers to fight your claim. They have you sign medical authorizations to search your entire medical history, then come up with a prior injury dating back ten years and claim your present injury was really sustained years ago. They hire medical doctors that always say the same thing, that your treatment is not warranted and not related to any injury sustained the collision. Your own insurance company treats you no differently than that of the party at fault. The doctors that they hire to deny your claim make hundreds of thousands of dollars a year just performing defense exams for the insurance companies. We know this to be true as we have issued subpoenas for their financial records that evidence the payments made to them from the insurance companies.

   Personal injury recoveries are lower than ever, thanks to laws repeatedly being passed limiting victims' rights. Yet the premiums we pay for insurance keep getting higher. The insurance industry reaps the profits at the expense of the hard working public, and they use the huge profits to build sports arenas and skyscrapers. The right to trial by jury guaranteed by the Constitution has been obliterated by laws and reactionary decisions of the Court which take away complete and fair compensation to the injured "little guy" who has no voice.

   A large percentage of cases we handle at Vickery, Riehl, & Alter are claims against the injured party's own insurance carrier. Do not be fooled into thinking that your own carrier will treat you fairly, as they their own interests are different than yours. Seek legal help regarding your claim. Please visit our website and review our record settlements fighting for injured victims.

   US INVESTIGATES GAS TANK FIRES IN JEEP GRAND CHEROKEES

   By Mitch Alter on Wednesday, August 25, 2010

   The National Highway Safety Traffic Administration(NHTSA) is investigating gas tanks on Jeep Grand Cherokees covering 3 million vehicles from model years 1993 to 2004. The gas tank's position below the rear bumper and behind the rear axle could cause fuel to spill if the SUV were struck from behind.

   Clarence Ditlow, head of the Center for Auto Safety, has gone on record saying "this is a terrible design". NHTSA has found 44 Grand Cherokee crashes and 55 deaths since 1992 where fire was reported as the most harmful factor.

   The automaker moved the tank's position after the 2994 model. Please visit our website to find out more about our firm, Vickery, Riehl, & Alter and our record of protecting victims' rights in Ohio.

   IS BRAKE FAILURE A LEGAL EXCUSE?

   By Mitch Alter on Wednesday, August 25, 2010

   A tragedy recently occurred on the roads of Ohio during the Pelotonia bike ride. Pelotonia is a grass roots campaign that raises money for cancer research at the Ohio State University James Cancer Hospital. Last year in 2009 the event raised 4.5 million dollars with all proceeds going directly for research.

   In this years event, over four thousand riders enrolled all pledging to raise funds based upon their distance travelled. One such rider, Michelle Kazlausky, an employee of Ohio State University Hospital East, was struck by a driver of a pick-up truck and killed. A law enforcement officer of the Ohio State Highway Patrol was directing traffic at the intersection and signaled for the driver of the pick-up to stop and yield to the bikers. The pick-up driver did not obey his signal and struck Ms. Kazlausky.

   The driver of the pick-up claimed that his failure to stop was the result of his brakes failing. Whether or not this allegation is true, failure of any braking system is not a legal excuse for his failure to comply.

   Out thoughts and prayers go out to the family of Michelle Kazlausky. She lost her life needlessley in support of a cause that affects so many.

   LOOK TWICE--SAVE A LIFE

   By Mitch Alter on Thursday, August 19, 2010

   Motorcycle accidents have a higher fatality rate per unit of distance travelled when compared with automobiles. According to the NHTSA, in 2006 18.06 cars out of 100,000 ended up in fatal crashes. The rate for motorcycles is 55.82 per 100,000.

   Approximately 80 percent of reported motorcycle crashes result in injury or death; a comparable figure for automobiles is about 20 percent.

   In vehicular/motorcycle crashes, the driver of the other vehicle violated the motorcycle right-of-way and caused the accident in two-thirds of those accidents. The failure of motorists to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents.

   On August 19, 2010 Mark Neal, a highly respected court reporter for the Franklin County Court of Common Pleas, was struck by a motorist travelling the wrong way on a one-way street. Our thoughts and prayers go out to him and his family for a speedy recovery.

   The firm of Vickery, Riehl & Alter has successfully represented motorcycle accident victims for injuries ranging from death to serious amputation. In each case, the defense always raises the issue of speed of the cyclist as a way to avoid liablity and place blame where it rarely belongs. Please visit our website to review our multiple awards and settlements associated with motorcycle cases.

   During the summer months when motorcycles are in abundance over the roadways in central Ohio, please remeber to look twice and save a life.

   
   

   VICIOUS DOG ATTACKS

   By Mitch Alter on Tuesday, July 20, 2010

   How often do you read a gut wrenching headline in a newspaper of a child, or postal worker, visciously attacked by a dog running loose. Under the law, one who owns or keeps a dog that bites another is liable in damages for the injury caused. The owner or keeper's homeowners insurance is a source of recovery for the claim. The statutory cause of action under the Revised Code is not dependant upon a showing of negligence, meaning that the owner is liable under the law without regard to fault when the dog bites.So long as the victim was not teasing or tresspassing, the owner is responsible for the damages caused.

   Another cause of action for a dog bite claim arises under the common law. This cause of action is different in that the victim must prove that the owner of the dog knew of the dog's visciousness and negligently failed to restrain the dog. Under this cause of action, both compensatory damages and punitive damages are available. Compensatory damages reimburse the victim for his/her medical bills, lost wages, permanent injury. Punitive damages are awarded to punish the owner for his reckless conduct in failing to restrain a dog known by him to be viscious.

   A recent decision of the Ohio Supreme Court, Beckett v. Warren, 124 Ohio St.3d 256, held that the injured victim has the right to bring both a statutory and common law cause of action in the same lawsuit, and pursue the appropriate damages if the burden of proof is met.

   Proving that an owner has knowledge of his/her dog's viscious propensities is not the easiest of tasks. At Vickery, Riehl & Alter, we have handled multiple dog bite claims and have recieved both settlements and jury awards compensating victims of viscious dog bite attacks. Through thorough investigations into a dog's history of prior attacks, vet records, records of agencies that record prior bites, we have been successful in obtaining large awards on behalf of our clients. Please visit our website or follow up with us for a free consultation at www.vraohioaccidentandinjury.com.

   ZANESVILLE CONSTRUCTION WORKER KILLED IN HIT-SKIP ACCIDENT

   By Mitch Alter on Wednesday, July 14, 2010

   A construction worker from Zanesville, Ohio was tragically killed recently in a hit-skip accident. A hit-skip accident is one where the driver flees the scene of the accident. Although many may think that because the identity of the hit-skip driver is unknown that there is no right of recovery, this is simply not true. Uninsured motorist coverage, which may be purchased as a part of your personal auto insurance policy, will provide coverage for such an accident even when the identity of the owner or operator cannot be determined. All that is required is that there be independent corroborative evidence to prove the injury or death was caused by the negligent or intentional actions of the unidentified operator of the motor vehicle.

   At Vickery, Riehl & Alter, we have handled many hit-skip accidents with success. Just recently we settled a case for $325,000 when a binder-clip flew off a truck and smashed through the windshield of our clients car and struck the passenger in the head causing injury. Although the identity of the truck operator or owner remains unknown to this day, we were successful in resolving this uninsured motorist claim with our clients own auto insurance company. Although the claim involved was against our clients own insurance company, representation was necessary as even your own insurance company does not want to pay you fairly for your claim.

   Seek competent legal representation to preserve your rights guaranteed under the law and the Constitution. Visit our website at www.vraohioaccidentandinjury.com.

   MEDICARE LIENS

   By Mitch Alter on Monday, July 12, 2010

   What insurance companies will not tell you when they settle your personal injury claim is what entities are entitled to be paid back from the monies you have received. For example, Medicare has a right to reimbursement of payments for medical treatment related to an injury resulting from a car accident, worker's compensation claim, malpractice, and no-fault claims.

   Federal law requires the parties notify Medicare of the claim and to make reimbursement within a specified period of time. Medicare's reimbursement will however give to the injured party a credit by way of reduction in consideration to the attorney fees and costs incurred in pursuing the claim, and a process is in place for waiving its reimbursement or compromising the amount depending upon the individual facts of the case.

   Private health insurance companies also have rights of reimbursement, and must be repaid. At Vickery, Riehl, & Alter, we have been successful in obtaining waivers and/or reductions in the payback based upon both legal and equitable arguments. BEWARE though that many health insurance contracts require payback of the entire settlement amount even if it leaves the claimant with nothing, and the insurance company will not pay for these subrogation liens after you have signed the release on the bottom line. Consult our firm and visit our website at Vickery, Riehl & Alter.

   CIRCLEVILLE OHIO TRAGIC ACCIDENT

   By Mitch Alter on Thursday, July 8, 2010

   A ten year old Logan County child tragically lost her life when the car she was a passenger in was hit by a tractor-trailer. Our thoughts and prayers go out to the family of Madison Holycross of Huntsville. A 17 year-old, Diedra Teets, was operating the car which was travelling south on Rt.23 attempting to turn left near the Walmart store. Her vehicle was struck by the northbound tractor-trailer driven by Steven Girard of Newark.

   The accident remains under investigation by the sheriff's office. Compensation for the victim's family for wrongful death is a recognizable claim in Ohio under Revised Code Section 2125.01. A civil action for damages may be maintained for the benefit of the parents and other next of kin including siblings. Damages recognized include mental anguish and loss of companionship.

   Liabilty for causing the collision is the first step, and law enforcement plays an active role in accident reconstruction. Insurance carriers also hire their own investigators immediately following notice of the collision. Although one might believe that their own auto insurance carrier is looking out for the interest of its insured, that is not always the case as insurance companies always fight first to protect their own financial interest.

   Trucking companies are notorious for safety violations referrable to both their equipment and drivers. The drivers are often found to be in violation of limits on driving hours, inspection responsibilities, equipment violations, and substance abuse. Federal regulations impose strict mandates regulating the drivers and owners for the protection of the traveling public.

   The 17 year old operator of the vehicle in which the young child was a passenger may also be at fault. Most would be surprised to find out that a 17 year old can be sued as a defendant, and that the parents liability for their child's negligent opration of a motor vehicle is limited by law. Insurance coverage for the operator may be found from multiple sources including the owner of the car, and insurance available through her or her family's policies. If insufficient liabilty coverage exists, underinsured motorist protection of the victim might help fill the void. Uninsured, or underinsured motorist coverage protects you and your family in the event that the party causing the accident has no or little coverage. It is relatively inexpensive, and should be a top priority in purchasing your auto policy as it protects the ones you love most.

   For any questions concerning our law practice, please visit our website at www.vraohioaccidentandinjury.com.

   Mixed Message?

   While Assailing Driving Distractions, Automakers Pack in Tempting Gadgets

   By Myron Levin on September 22, 2011

   

   

   (iStockphoto)

   Saying it is "passionate" about the safety of young drivers, Ford Motor Co. is sponsoring clinics at U.S. high schools to urge teens to heed traffic laws and avoid distractions behind the wheel. The auto giant, as part of its "Driving Skills for Life" program, also recently awarded $25,000 to students who created the best music video about the hazards of distracted driving.

   Likewise, BMW has launched 'Don't Text and Drive,' a series of ads to dramatize the risks of distracted driving. And the Alliance of Automobile Manufacturers, an industry trade group, is teaming with the American Academy of Orthopaedic Surgeons in a similar campaign.

   Through efforts like these, automakers are positioning themselves as leaders in the fight against distracted driving, which federal authorities estimate caused 5,474 deaths in 2009, including 995 from using cellphones.

   But even as they tell drivers to act responsibly and pay attention to the road, the companies are seeking to pump up sales by packing their new models with cutting-edge infotainment systems that encourage multi-tasking behind the wheel.

   This story also published by:
   Albany Times Union
   Houston Chronicle
   Industrial Safety & Hygiene News
   Mother Jones
   TucsonSentinel.com

   Ford's SYNC system, for example, enables drivers to use voice commands and touch screens to make and receive calls, listen to their text messages, and choose from a menu of replies. BMW's ConnectedDrive provides calling, e-mail and text read-backs, and displays headlines of the messages on a screen.

   General Motors strutted its stuff with a Super Bowl ad of a young Chevy Cruze owner whose face lights up as he drives away and plays back the Facebook message: "Best first date ever...''

   Auto executives are counting heavily on arresting, high-tech features to boost sales, especially to younger buyers. David Mondragon, president of Ford Canada, put it bluntly: "The biggest turnoff to a twentysomething consumer is to put their life on hold when they sit in a car," he said in a speech to the Canadian Marketing Assn., according to an account in The Globe and Mail.

   "And what does it mean to put their life on hold? To get disconnected when they get in the car, to have a system that will not allow you to sit there and e-mail, read your BlackBerry, talk on the phone. So you have to have a seamless transition from your home to your transportation device, to your workspace. Or to your play space." (Mondragon, through a spokeswoman, declined to be interviewed.)

   Safety officials are worried about the trend. "I'm not in the business of helping people Tweet better," groused David Strickland, head of the National Highway Traffic Safety Administration, or NHTSA, in a speech at a national conference in June.

   Critics say that in highlighting distracted driving, automakers are hoping to inoculate themselves against tough scrutiny of their built-in systems. "The best defense is a good offense," said Clarence Ditlow, executive director of the Center for Auto Safety in Washington, D.C. "One has to watch what auto companies do, versus what they say. While they say distracted driving is unsafe, they are making hundreds of millions of dollars by selling distracted driving technology."

   Industry officials, however, deny they are sending a mixed message about distracted driving. They say that drivers are so intent on staying connected that telling them to turn off their devices is a lost cause. By giving motorists built-in connections that are simpler and less distracting than portable devices such as cellphones and GPS, they say they are making the roads safer.

   "Given that the driver has decided they are going to do something, it's better to be doing it with their eyes on the road and their hands on the wheel," said Louis Tijerina, senior technical specialist in research and advanced engineering at Ford.

   In fact,"Eyes on the road, hands on the wheel," has become an industry mantra, particularly for Ford. More than a marketing slogan, it presents a fundamental challenge to the long-held precept that distraction involves not only the eyes and the hands, but the mind.

   NHTSA's official position, backed by a body of research, is that there are three types of distraction: visual, manual and cognitive. That is, even when a motorist is looking straight ahead, the cognitive demand of a phone conversation may cause "inattention blindness," or a failure to respond to visual cues because the mind is somewhere else.

   The evidence includes a study by the Insurance Institute for Highway Safety that found that drivers are four times more likely to crash when they are talking on the phone, whether using a hand-held or hands-free device.

   Researchers at the University of Utah found that cellphone conversations slow drivers' reactions as much as having a blood alcohol level at the legal limit of .08 percent. Moreover, in some fatal cellphone crashes, there is anecdotal evidence that drivers were simply talking - not dialing or groping for their phones.

   However, automakers say that drivers have always multi-tasked, and can do it safely if they keep their eyes on the road. They have drawn ammunition from other research, including studies by the Virginia Tech Transportation Institute. These studies have found that visual and manual tasks can be serious distractions, but that there is little crash risk when drivers have their eyes on the road, "regardless of any other 'cognitive demand,' " as one paper put it.

   Even if on-board systems are better than portable devices, there is a question of whether they will become an ever-present temptation and cause drivers to "spend more time distracted in some way," said Adrian Lund, president of the insurance institute.

   "The honest answer is, we don't know. This is an experiment we're all in."

   The experiment is taking place in a regulatory vacuum, since there are no regulations to draw the line on electronic distractions.

   Federal safety rules dictate the minimum strength of vehicle roofs and door latches, the performance of seat belts and airbags, the brightness of headlamps and stopping power of brakes. But when it comes to the design of electronic systems, vehicle makers are completely on their own.

   It's been that way since NHTSA, a decade ago, challenged the industry to use its best judgment and do the right thing. As Jeffrey Runge, NHTSA administrator during the George W. Bush presidency, put it in 2003: "We cannot regulate fast enough to keep up with technological advances, nor would we want to. This administration will always prefer voluntary brilliance to enforced compliance."

   "I understand that people get bored, they have other things they want to do, but they can pull over and do those without endangering the public."

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500 S. Front Street, Suite 200
Columbus, OH 43215
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Vickery, Riehl & Alter is located in Columbus and serves people from Newark, Lancaster, Chillicothe, London, Logan, Mount Vernon, Athens, Portsmouth, Zanesville, Springfield, Mansfield, Marion, Marysville, Centerburg and Jackson as well as Franklin County, Delaware County, Union County, Licking County, Fairfield County, Madison County, Pickaway County, Muskingum County, Clark County, Vinton County and Knox County in Ohio.