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BLOOD CLOT RISKS CONFIRMED HIGHER BY FDA – YAZ RECALL?

On October 27, 2011, FDA released the final report of the FDA funded study thatevaluated the risk of blood clots in users of several different hormonal contraceptives – “Report: Combined Hormonal Contraceptives (CHCs) and the Risk of Cardiovascular Disease Endpoints“. The results of the FDA funded study were presented for discussion at the joint meeting of the Reproductive Health Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee on December 8, 2011.

YAZ RECALL considered by FDA 12.8.11FDA considered YAZ RECALL 12.8.11

The joint hearings highlighted the fact that only studies that were linked to the Pharmaceutical industry, and the manufacturer, provided evidence that DRSP(DROSPIRENONE) containing birth control pills presented a risk profile similar to other forms of birth control. FDA’s study confirmed a significantly higher risk of blood clots that was not clearly warned about or communicated to either prescribers of users. The increased risk of blood clots from a DRSP (DROSPIRENONE) containing birth control pills per the FDA’s own study is 75%-77% higher than other available birth control pills.

FDA confirms DROSPIRENONE DRSP pills present higher risk of blood clots.FDA funded study confirms 75%-77% higher risk of blood clots from DROSPIRENONE pills.

YAZ BLOOD CLOT LAWSUITS allege that women were not adequately warned of increased risks of blood clots that have now been repeatedly confirmed by independent studies and the FDA funded study. The manufacturer has repeatedly disputed findings of increased risk despite a growing body of evidence to the contrary and the fact that such studies have been ‘tied’ to the company or promotion of the DRSP (DROSPIRENONE) containing pills.

FDA’s Advisory Committee Materials are now available on-line and include the “Meeting Minutes”, as well as a 440 Page Transcript that outlines the voting process and presentations. Arguably, the voting process reveals that DRSP(DROSPIRENONE) containing birth control pills survived a “market withdrawal” or “recall” by an extremely small margin. In fact, only in a 15-11 vote the voting members decided the pills benefits (i.e.> prevention of pregnancy) outweighed the increased risk of blood clots. Sadly, the transcript reveals confusion among voting members, and raises more questions, about the entire DRSP (DROSPIRENONE) family of contraceptives. At the hearings, members were asked to abstain from voting or participating in the vote if they had any financial ties to the manufacturer – BAYER HEALTHCARE PHARMACEUTICALS.
YAZ RECALL considered at 12.8.11 FDA Ad Comm
As illustrated above, advisory committee members did not respond to a request to identify themselves if they in fact had financial ties to the manufacturer. Sadly, reports have emerged in a number of publications that allege several members involved in the voting process had ties to BAYER that were not publicly disclosed (as illustrated above) or the subject of FDA conflict of interest waivers. This has lead to a request by public watchdog groups for a ‘re-vote’ and additional investigations.

To read more: http://yazrecall.com/?page_id=331

Posted in Dangerous Drugs, Defective Drugs, Product Recalls, Products Liability, Yaz | Tagged , , , , , , , , , , , , , , | Comments Off

J&J recalls Aveeno Baby Calming Comfort Lotion

(Reuters) – Johnson & Johnson on Friday said it is recalling more than 2,000 tubes of its Aveeno Baby Calming Comfort Lotion after U.S. regulators identified excessive levels of bacteria in a product sample.

J&J said the product, one of many consumer brands it has recalled in the past two years due to quality-control lapses, was being voluntarily withdrawn in Kansas and eight Southern states out of “an abundance of caution” and that its potential for harm was “remote.”

The company said a test by the U.S. Food and Drug Administration showed that the lot of Aveeno lotion “exceeded the specifications for common bacteria” allowed for consumer products. But J&J said extensive testing later by an independent laboratory did not show that specifications were exceeded.

Read more:http://www.sun-sentinel.com/health/sns-rt-us-jj-aveenotre80q25a-20120127,0,1332504.story

Posted in News, Personal Injury, Product Recalls, Safety | Tagged , , , , , , , , , , , , , , , | Leave a comment

Italian Cruise Liner Announces Compensation Figure After Deadly Crash

Costa Crociere SpA has offered passengers $14,460 apiece to compensate them for theirlost baggage and psychological trauma after its cruise ship ran aground and capsized off Tuscany when the captain deviated from his route.

Costa, a unit of the world’s biggest cruise operator Carnival Corp., will also reimburse passengers the full costs of their cruise, travel expenses and any medical expenses sustained after the grounding.

The agreement was announced today after a day of negotiations between Costa representatives and Italian consumer groups representing 3,206 people from 61 countries who suffered no physical harm when the Costa Concordia hit a reef on Jan. 13.

Passengers and crew are free to pursue legal action if they aren’t satisfied with the deal.

Read more: http://www.wcti12.com/news/30313634/detail.html

Posted in Accidents, Cruise Accidents, Personal Injury, Safety | Tagged , , , , , , , , , , , , , , , , , , , | Comments Off

Cruise ship runs aground off Italy; 4,200 evacuated

PORTO SANTO STEFANO, Italy– Survivors from a luxury cruise ship that ran aground and tipped over, leaving at least three dead and 69 people still unaccounted for, described Saturday a chaotic evacuation, as plates and glasses crashed and they crawled along upended hallways trying to reach safety.

Three bodies were recovered from the sea after the Costa Concordia ran aground off the tiny island of Giglio near the coast of Tuscany late Friday, tearing a 160-foot gash in its hull and sending in a rush of water.

The ANSA news agency quoting the prefect’s office in the province of Grosseto as saying that authorities have accounted for 4,165 of the 4,234 people who had boarded the liner.

Photos: Cruise ship runs aground off Italy

By morning Saturday, the ship was lying virtually flat off Gigio’s coast, its starboard side submerged in the water and the huge gash showing clearly on its upturned hull.

Passengers described a scene reminiscent of “Titanic”, complaining the crew failed to give instructions on how to evacuate and once the emergency became clear, delayed lowering the lifeboats until the ship was listing too heavily for many of them to be released.

Helicopters plucked to safety some people who were trapped on the ship, some survivors were rescued by boats in the area, and witnesses said some people jumped from the ship into the dark, cold sea. Coast guard rescuers were continuing to search the ship for passengers.

Authorities still hadn’t counted all the survivors by the time they reached mainland 12 hours later.

The evacuation drill was only scheduled for Saturday afternoon, even though some passengers had already been on board for several days.

“It was so unorganized, our evacuation drill was scheduled for 5 p.m.,” said Melissa Goduti, 28, of Wallingford, Connecticut, who had set out on the cruise of the Mediterranean hours earlier. “We had joked ‘What if something had happened today?”‘

“Have you seen ‘Titanic?’ That’s exactly what it was,” said Valerie Ananias, 31, a schoolteacher from Los Angeles who was traveling with her sister and parents on the first of two cruises around the Mediterranean. They all bore dark red bruises on their knees from the desperate crawl they endured along nearly vertical hallways and stairwells, trying to reach rescue boats.

“We were crawling up a hallway, in the dark, with only the light from the life vest strobe flashing,” her mother, Georgia Ananias, 61 said. “We could hear plates and dishes crashing, people slamming against walls.”

She choked up as she recounted the moment when an Argentine couple handed her their 3-year-old daughter, unable to keep their balance as the ship lurched to the side and the family found themselves standing on a wall. “He said ‘take my baby,”‘ Mrs. Ananias said, covering her mouth with her hand as she teared up. “I grabbed the baby. But then I was being pushed down. I didn’t want the baby to fall down the stairs. I gave the baby back. I couldn’t hold her.

“I thought that was the end and I thought they should be with their baby,” she said.

“I wonder where they are,” daughter Valerie whispered.

The family said they were some of the last off the ship, forced to shimmy along a rope down the exposed side of the ship to a waiting rescue vessel below.

Survivor Christine Hammer, from Bonn, Germany, shivered near the harbor of Porto Santo Stefano, on the mainland, after stepping off a ferry from Giglio. She was wearing elegant dinner clothes — a gray cashmere sweater, a silk scarf — along with a large pair of hiking boots, which a kind islander gave her after she lost her shoes in the scramble to escape. Left behind in her cabin were her passport, credit cards and phone.

Hammer, 65, told The Associated Press that she was eating her first course, an appetizer of cuttlefish, sauteed mushrooms and salad, on her first night aboard her first-ever cruise, which was a gift to her and her husband, Gert, from her local church where she volunteers.

Suddenly, “we heard a crash. Glasses and plates fell down and we went out of the dining room and we were told it wasn’t anything dangerous,” she said.

Several passengers concurred, saying crew members for a good 45 minutes told passengers there was a simple “technical problem” that had caused the lights to go off. Seasoned cruisers, however, knew better and went to get their life jackets from their cabins and report to their “muster stations,” the emergency stations each passenger is assigned to, they said.

Read more:http://mobile.sun-sentinel.com/p.p?m=b&a=rp&id=1487744&postId=1487744&postUserId=42&sessionToken=&catId=6556&curAbsIndex=0&resultsUrl=DID%3D6%26DFCL%3D1000%26DSB%3Drank%2523desc%26DBFQ%3DuserId%253A42%26DL.w%3D%26DL.d%3D10%26DQ%3DsectionId%253A6556%26DPS%3D0%26DPL%3D5

Posted in Accidents, News, Personal Injury, Safety, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off

Novartis Product Recall: ‘What Took So Long?’ Consumer Blogger Asks

That is what a food safety microbiologist and blogger at eFoodAlert.wordpress.com is asking.

By now, you have heard that on Sunday, Jan. 8, Novartis took the extraordinary measure of voluntarily recalling some of its popular over-the-counter medicines and suspending operations at its Lincoln, Neb., facility.

Thank your fellow consumers for noticing “broken gelcaps” and “chipped tablets.” The products include Excedrin, NoDoz, Bufferin and Gas-X.

But this sudden recall has been a long time coming, according to Phyllis Entis, a k a “the food bug lady.” In her post, “Novartis Gives Consumers Excedrin Headache,” she wrote that the Food and Drug Administration uncovered quality problems at the plant last July. She links to the inspection here. She also provides a timeline of earlier, limited recalls.

Novartis in its release Sunday said that the temporary shutdown of its plant was “to accelerate maintenance and other improvement activities at the site.”

Entis, however, wondered: “Is it just possible that FDA’s posting on January 5th of the July 8, 2011 Novartis Inspectional “Observations” Report might be somehow tied into this sudden decision by Novartis to go public?”

For its part, Novartis responded Monday, Jan. 9: “These issues came to light through several quality and regulatory processes that gather consumer feedback on a regular basis as well as internal reviews and FDA inspections. Working with the FDA, we have made commitments to improve these areas and, at the appropriate time, we decided to initiate a market action as a precautionary measure in the best interest of consumers who trust and rely on our products.”

The recall is for some bottles of Excedrin and NoDoz with the expiration dates of Dec. 20, 2014, or earlier. As well, some bottles of Bufferin and Gas-X, with expiration dates of Dec. 20, 2013, or earlier, are included.

For more information, Novartis has created this website:www.novartisOTC.com.

Consumers can also refer to the FDA’s website, www.fda.gov.

In its announcement, Novartis said, “There have been no related adverse events reported with the issues leading to the recall.” Even so, the FDA is asking consumers to report any such adverse effects to its MedWatch Adverse Reporting program.

To view the full article:  http://www.forbes.com/sites/mickeymeece/2012/01/09/novartis-what-took-so-long/

Posted in Dangerous Drugs, Defective Drugs, Product Recalls, Products Liability | Tagged , , , , , , , , , , , , , , , , , , , , , , | Comments Off

Cell Phone and Texting Laws

January 2012

This chart outlines all state cell phone and text messaging laws. Some local jurisdictionsmay have additional regulations. Enforcement type is shown in parenthesis.

  • Handheld Cell Phones: 9 states, D.C. and the Virgin Islands prohibit all drivers from using handheld cell phones while driving. Except for Maryland, all laws are primary enforcement—an officer may cite a driver for using a handheld cell phone without any other traffic offense taking place.
  • All Cell Phone Use: No state bans all cell phone use (handheld and hands-free) for all drivers, but many prohibit all cell phone use by certain drivers:
    • Novice Drivers: 30 states and D.C. ban all cell phone use by novice drivers.
    • School Bus Drivers: Bus drivers in 19 states and D.C. may not use a cell phone when passengers are present.
  • Text Messaging: 35 states, D.C. and Guam ban text messaging for all drivers. 32 states, D.C., and Guam have primary enforcement; the others, secondary.
    • Novice Drivers: An additional 7 states prohibit text messaging by novice drivers.
    • School Bus Drivers: 3 states restrict school bus drivers from texting while driving.
  • Some states such as Maine, N.H. and Utah treat cell phone use and texting as part of a larger distracted driving issue. In Utah, cellphone use is an offense only if a driver is also committing some other moving violation (other than speeding).

Crash Data Collection: Many states include a category for cell phone/electronic equipment distraction on police accident report forms. Recently proposed federal legislation would require states to collect this data in order to qualify for certain federal funding.

Preemption Laws: Many localities have passed their own distracted driving bans. However, some states – such as Fla., Ky., La., Miss., Nev., and Okla. – prohibit localities from enacting such laws.

State Handheld Ban All Cell Phone Ban Text Messaging Ban Crash
Data
School Bus Drivers Novice Drivers All
Drivers
School Bus Drivers Novice Drivers
Alabama 16, or 17 w/ Intermediate License <6 months
(Primary)
16, or 17 w/ Intermediate License <6 months
(Primary)
Alaska Yes
(Primary)
Covered under all driver ban Yes
Arizona Yes
(Primary)
Arkansas 1 18 – 20 years old (Primary) Yes
(Primary)
<18
(Secondary)
Yes
(Primary)
Covered under all driver ban Yes
California Yes
(Primary)
Yes
(Primary)
<18
(Secondary)
Yes
(Primary)
Covered under all driver ban Yes
Colorado <18
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Connecticut Yes
(Primary)
Yes
(Primary)
<18
(Primary)
Yes
(Primary)
Covered under all driver ban
Delaware Yes
(Primary)
Yes
(Primary)
Learner or Intermediate License (Primary) Yes
(Primary)
Covered under all driver ban Yes
D.C. Yes
(Primary)
Yes
(Primary)
Learners Permit
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Florida Yes
Georgia Yes
(Primary)
<18
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Guam Yes
(Primary)
Covered under all driver ban
Hawaii 2 See footnote
Idaho 3 See footnote
Illinois 4 See footnote Yes
(Primary)
<19
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Indiana <18
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Iowa Restricted or Intermediate License
(Primary)
Yes
(Secondary)
Covered under all driver ban Yes
Kansas Learner or Intermediate License
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Kentucky Yes
(Primary)
<18
(Primary)
Yes
(Primary)
Covered under all driver ban
Louisiana Learner or Intermediate License
(regardless of age)
Yes
(Primary)
1st year of License
(Primary for <18)
Yes
(Primary)
Covered under all driver ban Yes
Maine <18
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Maryland Yes
(Secondary)
<18 w/ Learner or Provisional License
(Secondary)
Yes
(Primary)
Covered under all driver ban Yes
Massachusetts Yes
(Primary)
<18
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Michigan 5 See footnote Yes
(Primary)
Covered under all driver ban Yes
Minnesota Yes
(Primary)
<18 w/ Learner or Provisional License
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Mississippi Yes
(Primary)
Yes
(Primary)
Learner or Provisional License
(Primary)
Missouri <21
(Primary)
Montana Yes
Nebraska <18 w/ Learner or Intermediate License
(Secondary)
Yes
(Secondary)
Covered under all driver ban Yes
Nevada Yes
(Primary)
(eff. 1/1/12)
Yes
(Primary)
(eff. 1/1/12)
Covered under all driver ban Yes
New Hampshire 6 Yes
(Primary)
Covered under all driver ban
New Jersey Yes
(Primary)
Yes
(Primary)
Permit or Provisional License
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
New Mexico In State vehicles Learner or Provisional License
(Primary)
Learner or Provisional License
(Primary)
Yes
New York Yes
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
North Carolina Yes
(Primary)
<18
(Primary)
Yes
(Primary)
Covered under all driver ban
North Dakota <18
(Primary)
(eff. 1/1/12)
Yes
(Primary)
Covered under all driver ban Yes
Ohio
Oklahoma Learner or Intermediate License
(Primary)
Yes
(Primary)
Yes
(Primary)
Learner or Intermediate License
(Primary)
Yes
Oregon Yes
(Primary)
<18
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Pennsylvania Yes
(Primary)
(eff. 3/8/12)
Covered under all driver ban Yes
Rhode Island Yes
(Primary)
<18
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
South Carolina7 See footnote
South Dakota Yes
Tennessee Yes
(Primary)
Learner or Intermediate License
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Texas 8 Yes, w/ passenger<17
(Primary)
Intermediate License, 1st 12 mos.
(Primary)
Yes, w/ passenger<17
(Primary)
Intermediate License, 1st 12 mos.
(Primary)
Yes
Utah 9 See footnote Yes
(Primary)
Covered under all driver ban Yes
Vermont <18
(Primary)
Yes
(Primary)
Covered under all driver ban
Virgin Islands Yes Yes
Virginia Yes
(Primary)
<18
(Secondary)
Yes
(Secondary)
Covered under all driver ban
(Primary)
Covered under all driver ban Yes
Washington Yes
(Primary)
Learner or Intermediate Licence
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
West Virginia <18 w/ Learner or Intermediate Licence
(Primary)
<18 w/ Learner or Intermediate Licence
(Primary)
Wisconsin Yes
(Primary)
Covered under all driver ban
Wyoming Yes
(Primary)
Covered under all driver ban Yes
Total States 9 + D.C., Virgin Islands
Primary (8)
Secondary (1)
19 + D.C.
All Primary
30 + D.C.
Primary (25 + D.C.)
Secondary (5)
35 + D.C., Guam
Primary (32 + D.C., Guam)
Secondary (3)
3
All Primary
7
All Primary
35 + D.C., Virgin Islands

1 Arkansas also bans the use of handheld cell phones while driving in a school zone or in a highway construction zone. This law is secondarily enforced.
2 Hawaii does not have a state law banning the use of handheld cell phones. However, all of the state’s counties have enacted distracted driving ordinances.
3 Idaho has a “Distraction in/on Vehicle (List)” attribute as part of its Contributing Circumstances element, and officers are supposed to list the distractions in the narrative.
4 Illinois bans the use of handheld cell phones while driving in a school zone or in a highway construction zone.
5 In Michigan, teens with probationary licenses whose cell phone usage contributes to a traffic crash or ticket may not use a cell phone while driving.
6 Dealt with as a distracted driving issue; New Hampshire enacted a comprehensive distracted driving law.
7 South Carolina has a Distracted/inattention attribute under Contributing Factors.
8 Texas has banned the use of hand-held phones and texting in school zones.
9 Utah’s law defines careless driving as committing a moving violation (other than speeding) while distracted by use of a handheld cellphone or other activities not related to driving.

Read more: http://www.ghsa.org/html/stateinfo/laws/cellphone_laws.html

Posted in Accidents, National Highway Traffic Safety Administration, News, Personal Injury, Safety, The National Highway Traffic Safety Administration | Tagged , , , , , , , , , , , , , , , , , , , | Comments Off

Recall Issued for Build-A-Bear Product Because of Choking Danger

The U.S. Consumer Product Safety Commission issued a recall for one of Build-A-Bear’steddy bears because of a possible choking hazard.

A recall has been announced for the Colorful Hearts Teddy Bears product.

According to the CPSC, the teddy bear’s eyes could loosen and fall out, which could pose a choking hazard for children.

So far, however, no choking incidents have been reported.

Over 280,000 of these particular bears have been sold across the United States.  The toys are manufactured in China.

The CPSC says consumers should immediately take the bears away from children and return them to Build-A-Bear stores.  The company will give consumers a coupon which can be redeemed for any available stuffed animal from Build-A-Bear.

For additional information, contact the firm toll-free at (866) 236-5683 between 8 a.m. and 8 p.m. CT Monday through Friday, on Saturday between 9 a.m. and 6 p.m. CT and on Sunday between 10 a.m. and 4 p.m. CT, visit the firm’s website www.buildabear.com or email the firm at colorfulhearts@buildabear.com

read more: http://www.nbcwashington.com/news/business/Recall-Issued-for-Build-A-Bear-Product-Because-of-Choking-Danger-136310333.html

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Chinese drywall settlement could be worth up to $1 billion

A Chinese drywall manufacturer has agreed to pay hundreds of millions of dollars toresolve court claims by thousands of property owners in Florida and other states who say the product corroded pipes and wires and otherwise wrecked their homes.

It’s the largest settlement of its kind so far.

The deal announced Thursday by U.S. District Judge Eldon Fallon calls for Knauf Plasterboard Tianjin Co. to create an uncapped fund to pay for repairing roughly 4,500 properties, mostly in Florida, Louisiana, Mississippi and Alabama.

A separate fund capped at $30 million is to pay for other types of losses, including those by people who blame drywall for health problems.

The manufacturer late last year started a pilot program to repair hundreds of homes containing its defective drywall. About 30 of the homes initially scheduled for repairs were in Broward and Palm Beach counties, with more to be added. Repairs took about three months and cost up to $100,000.

Russ Herman, a lead attorney for the plaintiffs, said the settlement was worth between $800 million and $1 billion, although an attorney for the Chinese company disputed that estimate.

“We’re very thankful for our clients,” Herman said.

Knauf attorney Kerry Miller said the company “decided to step up and settle these claims and do the right thing.”

Herman said that about 55 percent of the people who would benefit from the settlement live in Florida, while roughly 35 percent live in Louisiana. The deal would resolve cases filed in both state and federal courts.

Chinese drywall was used in the construction of thousands of homes after a series of destructive hurricanes in 2005 and before the housing bubble burst. The problems it has caused range from a foul odor to corrosion of pipes and wiring.

Steven Roberts, a plaintiff who built a home in Boynton Beach in 2005 with Knauf drywall, said the first sign of trouble was a foul odor that smelled like “bitter sulfur.” His family did not suspect a more serious problem until electrical appliances started failing and corrosion formed on mirrors and bathroom fixtures.

Roberts, 37, a veterinarian, said he could not afford to repair all the damage or move his wife and daughter out, so he hoped the settlement could finally end their ordeal.

“It would be a huge weight lifted off our shoulders,” he said. “It’s been extremely challenging for my wife, very stressful. It’s definitely a relief to potentially have the end in sight.”

The judge must sign off on the settlement before any money is distributed. Although Fallon could give his preliminary approval to the deal in January, it is likely to take several more months for money to reach homeowners.

Knauf agreed to initially deposit $200 million in the repairs fund, which would be replenished and to replenish it as needed.

To view this article in full: http://mobile.sun-sentinel.com/p.p?m=b&a=rp&id=1347085&postId=1347085&postUserId=42&sessionToken=&catId=6544&curAbsIndex=1&resultsUrl=DID%3D6%26DFCL%3D1000%26DSB%3Drank%2523desc%26DBFQ%3DuserId%253A42%26DL.w%3D%26DL.d%3D10%26DQ%3DsectionId%253A6544%26DPS%3D0%26DPL%3D3

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U.S. Safety Board Urges Cellphone Ban for Drivers

A federal agency on Tuesday called for a ban on all cellphone use by drivers — the mostfar-reaching such recommendation to date — saying its decision was based on a decade of investigations into distraction-related accidents, as well as growing concerns that powerful mobile devices are giving drivers even more reasons to look away from the road.

As part of its recommendation, the National Transportation Safety Board is urging states to ban drivers from using hands-free devices, including wireless headsets. No state now outlaws such activity, but the board said that drivers faced serious risks from talking on wireless headsets, just as they do by taking a hand off the wheel to hold a phone to their ear.

And Deborah Hersman, chairwoman of the N.T.S.B., an independent federal agency responsible for promoting traffic safety and investigating accidents, said the concern was heightened by increasingly powerful phones that people can use to e-mail, watch movies and play games.

“Every year, new devices are being released,” she said. “People are tempted to update their Facebook page, they are tempted to tweet, as if sitting at a desk. But they are driving a car.”

The agency based its recommendation on evidence from its investigation of numerous crashes in which electronic distraction was a major contributing factor.

Ms. Hersman said she understood that this recommendation would be unwelcome in some circles, given the number of drivers who talk and text. But she compared distracted driving to drunken driving and even smoking, which required wholesale cultural shifts to change behavior.

“It’s going to be very unpopular with some people,” she said. “We’re not here to win a popularity contest. We’re here to do the right thing. This is a difficult recommendation, but it’s the right recommendation and it’s time.”

The agency’s recommendation is nonbinding, meaning that states are not required to adopt such a ban. And it will likely be frowned upon by state lawmakers makers who are loath to infuriate constituents who have grown accustomed to using their device behind the wheel.

But, the recommendation may also provide cover for legislators, safety advocates and others who support such a broad-based ban. Many polls show that while people continue to use their devices behind the wheel, they also widely consider such behavior to be extremely dangerous.

The ban is also noteworthy because it is the first call by a federal agency to end the practice completely, rather than the partial ban that some legislators have put in place by allowing hands-free talking.

State Senator Joe Simitian of California, who succeeded in getting a law passed in 2006 that bans drivers there from talking on a hand-held phone, called the board’s recommendation “a wake-up call about the dangers of distracted driving.”

Yet, he also said he doubted it would achieve the desired result because it was unlikely that legislators in California or elsewhere would be able to pass such a ban. Mr. Simitian noted that he spent five years trying to push a ban on hand-held devices, and faced intense opposition from the phone industry.

“It’s a political nonstarter,” he said, adding that he would not attempt to propose a total ban on drivers using their devices. “I don’t believe you’ll see such a ban in my lifetime.” For all his skepticism, though, he acknowledged that political winds could shift. “A decade ago, people didn’t think we’d have a hands-free law in California. Only time will tell.”

Nine states now ban the use of hand-held phones, and 35 states ban texting by drivers, according to the Governors Highway Safety Association, which represents state traffic agencies. The group’s executive director, Barbara Harsha, called the N.T.S.B. recommendation “courageous” and said it would prompt the group to reconsider its policy, which calls for banning drivers from texting but not talking on the phone.

“People may not be ready for that,” she said of such a ban. “But there will certainly be discussion about it.”

Many mobile phone companies dropped their opposition over the last decade to any restrictions on the use of phones in cars, and have in recent years joined calls to ban texting while driving. In a statement, CTIA, the cellular telephone industry trade group, said it deferred to states about whether to enforce such bans.

A complete ban on phone use by drivers would have enormous impact on many car makers that are offering integrated hands-free, voice-activated systems that allow drivers to talk and do other tasks, like calling up their phone directory.

The Alliance for Automobile Manufacturers, a trade group for the industry, said in a statement that it was reviewing the N.T.S.B. recommendations. But it also defended the integrated systems, saying they allow drivers to keep their hands on the wheel and eyes on the road while they remain connected.

“What we do know is that digital technology has created a connected culture in the United States and it’s forever changed our society:  consumers always expect to have access to technology; so managing technology is the solution,” the alliance said in a statement.

Ms. Hersman, the chairwoman of the N.T.S.B., said the safety concerns were not just about keeping hands on the wheel and eyes on the road, but also about making sure people focus on the act of driving.

“It’s about cognitive distraction. It’s about not being engaged at the task at hand,” she said, adding: “Lives are being lost in the blink of an eye. You can’t take it back, you can’t have a do over, and you can’t rewind.”

The issue is gaining greater internationally, too.

Read more: http://www.nytimes.com/2011/12/14/technology/federal-panel-urges-cellphone-ban-for-drivers.html?_r=1&pagewanted=print

Posted in Motorcycle Accidents, News, Personal Injury, Safety | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off

Thousands Sterilized, a State Weighs Restitution

Charles Holt, 62, spreads a cache of vintage government records across his trailer floor. They are the stark facts of his state-ordered sterilization.

The reports begin when he was barely a teenager, fighting at school and masturbating openly. A social worker wrote that he and his parents were of “rather low mentality.” Mr. Holt was sent to a state home for people with mental and emotional problems. In 1968, when he was ready to get out and start life as an adult, the Eugenics Board of North Carolina ruled that he should first have a vasectomy.

A social worker convinced his mother it was for the best.

“We especially emphasized that it was a way of protecting Charles in case he were falsely accused of having fathered a child,” the social worker wrote to the board.

Now, along with scores of others selected for state sterilization — among them uneducated young girls who had been raped by older men, poor teenagers from large families, people with epilepsy and those deemed to be too “feeble-minded” to raise children — Mr. Holt is waiting to see what a state that had one of the country’s most aggressive eugenics programs will decide his fertility was worth.

Although North Carolina officially apologized in 2002 and legislators have pressed to compensate victims before, a task force appointed by Gov. Bev Perdue is again wrestling with the state’s obligation to the estimated 7,600 victims of its eugenics program.

The board operated from 1933 to 1977 as an experiment in genetic engineering once considered a legitimate way to keep welfare rolls small, stop poverty and improve the gene pool.

Thirty-one other states had eugenics programs. Virginia and California each sterilized more people than North Carolina. But no program was more aggressive.

Only North Carolina gave social workers the power to designate people for sterilization. They often relied on I.Q. tests like those done on Mr. Holt, whose scores reached 73. But for some victims who often spent more time picking cotton than in school, the I.Q. tests at the time were not necessarily accurate predictors of capability. For example, as an adult Mr. Holt held down three jobs at once, delivering newspapers, working at a grocery store and doing maintenance for a small city.

Wealthy businessmen, among them James Hanes, the hosiery magnate, and Dr. Clarence Gamble, heir to the Procter & Gamble fortune, drove the eugenics movement. They helped form the Human Betterment League of North Carolina in 1947, and found a sympathetic bureaucrat in Wallace Kuralt, the father of the television journalist Charles Kuralt.

A proponent of birth control in all forms, Mr. Kuralt used the program extensively when he was director of the Mecklenburg County welfare department from 1945 to 1972. That county had more sterilizations than any other in the state.

Over all, about 70 percent of the North Carolina operations took place after 1945, and many of them were on poor young women and racial minorities. Nonwhite minorities made up about 40 percent of those sterilized, and girls and women about 85 percent.

The program, while not specifically devised to target racial minorities, affected black Americans disproportionately because they were more often poor and uneducated and from large rural families.

“The state owes something to the victims,” said Governor Perdue, who campaigned on the issue.

But what? Her five-member task force has been meeting since May to try to determine what that might be. A final report is due in February.

This week, the task force set some priorities. Money was the most important thing to offer victims, followed by mental health services.

How much to pay is a vexing question, and what North Carolina does will be closely watched by officials in other states. In a period of severe budget cuts and layoffs, money for eugenics victims can be a hard sell to legislators.

States began practicing eugenics in earnest in the United States in the 1920s and ’30s, driven by a philosophy of social engineering once so popular that President Woodrow Wilson, Justice Oliver Wendell Holmes Jr. of the Supreme Court and Margaret Sanger, the founder of Planned Parenthood, were ardent supporters.

Before most of the programs were closed down, more than 60,000 people nationwide had been sterilized by state order.

The reasons were chilling, reports from state records and interviews with survivors and researchers show.

There was a 14-year-old girl deemed low-performing and “oversexed” who came from a home with poor housekeeping standards. A man who raped his daughter at 12 signed her sterilization consent when she was 16 and pregnant. A mother of five was deemed to have a low I.Q.

Victims began filing a handful of lawsuits in the 1970s, but outrage has been slow to build. In 2002, The Winston-Salem Journal ran a series of articles on eugenics, prompting official apologies and initial legislative efforts aimed at compensating victims.

But nothing came of it until Governor Perdue, a Democrat, took up the cause. She has vowed to put money in the 2012 budget. The House speaker, Thom Tillis, a Republican, said in October that he, too, would work on a bill to compensate victims.

But how much to include? Is $20,000 per victim, a figure suggested by some, enough?

“How can you quantify how much a baby is worth to people?” asked Charmaine Fuller Cooper, executive director of the North Carolina Justice for Sterilization Victims Foundation, which is financed by the state. “It’s not about quantifying the unborn child, it’s about the choices that were taken away.”

The issues go deeper than just a dollar amount. The task force has to decide whether money should go only to those living or to the estates of the dead, whether a tubal ligation is worth more than a vasectomy.

One variable is how many people will actually sign up to get the money. The state estimates that about 3,000 victims of state-mandated sterilizations may still be alive. Of those, 68 have been verified in state records. But not all sterilizations were done through the state board. Counties had programs, as did private doctors who were part of the eugenics movement. Those people will not qualify for state compensation, Ms. Fuller Cooper said.

Still, her office in Raleigh receives about 200 calls a month. People who suspect they were part of the state program must send her a notarized letter. Then, their names have to be found among eugenics board records stored in dozens of cardboard boxes in the basement of the state archives. People have died or moved or use different names. It is needle-in-a-haystack work.

Some critics of the effort say the state is not working hard enough. Victims and others argue that names in the archives could be matched to drivers’ records.

But the state cannot just send letters to people’s houses suggesting they might have been sterilized against their will, Ms. Fuller Cooper said. Medical records are private. Husbands or adopted children could find out a long-buried secret. Old wounds could be laid open again.

Even people who call her office sometimes hang up abruptly when a spouse approaches, wanting to keep their terrible secret unless money is on the table.

“Until folks know what the state’s going to do, people aren’t going to take the risk and come forward,” she said.

One woman who submitted her name fears it will become public. In a recent interview in her small home in Lexington, N.C., she said she would be embarrassed if her co-workers at a local hospital knew her story.

Now 62, she was adopted but sent to a state school at 7 because her parents thought she was mentally deficient. She remembers being told as a teenager that she was getting an appendectomy. When she was 27 and started having uterine trouble, a doctor requested her records and discovered that she had been sterilized in an operation that had been botched, her medical records show.

“I tell you what,” she said. “I about hit the floor.”

She went to her mother, who said she was going to tell her before she got married. Welfare would have ended if she had not consented, her mother said.

She did marry, and her husband, who has since died, accepted the fact that they could not have children. Still, she was forever changed.

“I see people with babies and I think how much I would have loved to have a young one,” she said. “It should have been my choice whether I wanted to have a baby or not. You just feel like you were held back, like you never had any say in your life.”

She figures what she went through is worth at least $50,000 or $100,000. “Maybe I could retire,” she said.

Mr. Holt still remembers that October day. He thought he was getting an examination so he could leave the state home. He said he did not know he was giving up his chance to be a parent.

“The doctor told me I couldn’t go home unless I had an operation done,” said Mr. Holt, who was 19 at the time. “When I woke up I tried to walk, and I said: ‘This ain’t right. I don’t even remember them shaving me down there.’ ”

He went on to marry and divorce. Now recovering from a stroke and surviving on disability payments, he lives with relatives in a tidy trailer park in the middle of the state.

He thinks maybe $30,000 would be enough. Others want more. Elaine Riddick, 57, who also lives in Atlanta, was sterilized in 1967. She was 14 and had gotten pregnant from a rape. Social workers persuaded her illiterate grandmother to sign the consent form with an X.

She has become the most vocal proponent of payment, suing the state for $1 million. Her case was appealed to the United States Supreme Court, which refused to hear it.

For Nial Ramirez, 65, who was sterilized at 18 after she gave birth to her daughter, no amount could make it right.

A social worker from the Washington County Department of Public Welfare suggested that she get sterilized. Mrs. Ramirez said she did not understand that the procedure was permanent and thought she had no choice.

“They told me that my brothers and sisters were going to be in the streets all because of you,” she said. “It’s either sign the paper or mama’s checks get cut off.”

In 1973, with the help of the American Civil Liberties Union, she became the first person to file a lawsuit against the state eugenics board. It ended with a $7,000 settlement from the doctor, she said.

Now in a small apartment surrounded by the sound of the television and some of the 200 dolls she has collected through her lifetime, Ms. Ramirez remains angry. She does not want an apology, and she will not settle for the amounts being discussed.

Read more: http://www.nytimes.com/2011/12/10/us/redress-weighed-for-forced-sterilizations-in-north-carolina.html?_r=1&pagewanted=print

Posted in Florida Justice Association, News, Personal Injury | Comments Off
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