Mavic is known for making great bicycle wheels. As I wrote in January of this year there was a problem with their new R-Sys model with the carbon spokes failing.
Here is a scary followup that happened to a VeloNews employee with one of the replacement wheels.
The Springfield News-Leader is reporting Gov. Jay Nixon today vetoed Senate Bill 202, legislation that would have repealed Missouri’s helmet law for motorcycle riders. In vetoing the bill, Gov. Nixon cited two primary concerns: the significantly increased health care costs that could have resulted from the repeal, and the safety of Missouri’s motorcycle riders.
“In terms of lives and of dollars, the cost of repealing Missouri’s helmet law simply would have been too high,” Gov. Nixon said. “By keeping Missouri’s helmet law intact, we will save numerous lives, while also saving Missouri taxpayers millions of dollars in increased health care costs. Keeping our helmet law in place was the safe and cost-effective choice for Missouri.”
Universal helmet laws, such as the law Missouri has had since 1967, require all motorcycle riders to wear a helmet at all times while riding. According to data from the National Highway Traffic Safety Administration (NHTSA), the economic consequences of repealing such a law are clear. When Florida repealed its universal helmet law in 2002, the cost to treat patients diagnosed with head injuries as a result of motorcycle accidents doubled, reaching a total of $44 million. [Traffic Safety Facts, NHTSA, 2008] Nationally, one academic study estimated that the total cost to treat motorcycle accident victims who were not wearing a helmet is $250,231,734 a year more than the cost of treating victims who were wearing a helmet [Economic Impact of Motorcycle Helmets: From Impact to Discharge, Journal of Trauma-Injury, Infection & Critical Care, 2006]
Data from health care providers and insurance companies indicate that the taxpayers ultimately must pay for a significant portion of these increased treatment costs. After the Florida repeal, 16 percent of injured motorcyclists admitted to a hospital for treatment were either under-insured or uninsured, and the costs for another 21 percent of those admitted were billed to either charitable or public sources, such as Medicaid. [Traffic Safety Facts, NHTSA, 2008]
The public safety implications of eliminating or weakening a universal helmet law also are devastating. The NHTSA reports that helmets reduce the likelihood of a motorcycle fatality by 37 percent; but without a helmet law, riders more often choose not to wear protective headgear. As a result, when states repeal their helmet laws, motorcycle fatalities skyrocket. [Traffic Safety Facts, NHTSA, 2008]
According to an NHTSA report, in the 30 months following Florida’s repeal of its universal helmet law in 2002, the number of motorcycle fatalities jumped sharply. That year, the state had projected 242 motorcycle fatalities in light of increased registration of motorcycle riders. In fact, however, 301 motorcycle riders died in Florida in 2002 – 24 percent more than expected. For the two years before and after Florida’s repeal, fatalities per 10,000 motorcycle riders increased 21 percent in that state, compared with 13 percent nationally. [Evaluation of the Repeal of the All-Rider Motorcycle Helmet Law in Florida, National Highway Traffic Safety Administration, 2005]
In other states where universal helmet laws have been repealed, the trend is similar. According to the NHTSA, fatalities increased by 31 percent in the year following the repeal of the Texas helmet law in 1997. When Arkansas repealed its helmet law the same year, fatalities increased by 21 percent. [What Happens When a Helmet Law is Repealed? Traffic Safety Facts, NHTSA, 2008]
If you have been injured in a accident give me a call.
Lost among the recent news articles about some local auto dealers losing their franchises are the more tragic instances where hundreds of people have had their pending lawsuits against GM or Chrysler stayed by the bankruptcy court. These cases and all future injury claims related to unsafe products claims for vehicles currently on the road will likely be discharged in bankruptcy with no possibility of recovery for the injured. Hopefully a reserve fund will be required as part of the "new" US auto industry.
There are some instances where an injured party can handle their own claim, but you should always speak with a personal injury lawyer before you contact the insurance company.
Here is a great post from the Texas Injury Law Blog.
Potential clients involved in an accident or injury claim that seek legal help or free advice from my law firm frequently ask this question--If I hire a lawyer and have to pay attorneys' fees, won't I end up getting less money in the end?
Nothing is guaranteed--however, I cannot remember a time when I had a client who, at first, was handling a claim on their own or was just about to settle with the insurance when they came to me with many questions and reservations about hiring a lawyer. They trusted our law firm, and it proved to be worth it in the end.
A couple of questions should come to your mind (1) if you were in need of surgery, would you try to do the surgery yourself ? , (2) do you really have what it takes to take on Big Insurance and an insurance claims adjuster who handles thousands of claims a year?
Remember, the insurance adjuster is not under oath when they are dealing with you and they are frequently trained to do absolutely everything in their power to deny your injury claim or pay you as little as possible. If you are thinking if it does not work out, I can always hire a lawyer later--think again. Commonly, people come in after trying to handle their injury claim with the "do it yourself" approach by giving the insurance company a statement unfavorable to their claim and missing crucial damages they are entitled to under the law.
If you have an injury lawyer or law firm who works your claim diligently and aggressively, your decision to hire a lawyer is more often than not worth the time. While most people are concerned about their property damage, I remind potential clients that vehicles can always be replaced, but you only get one body during your lifetime, if you do not look out for your health, who will?
Abraham Lincoln once said, "A man who represents himself has a fool for a client."
If you have legal questions with your personal injury claim give me a call for a free consultation.
Over 62% of all bankruptcies stem from medical bills, and even people with health insurance face financial disaster if they experience a serious illness, a new study shows.
The study, prepared by the American Journal of Medicine, showed over a significant increase in medical related bankruptcies in the 6 years since the previous survey. Also , interesting the study shows that most of the debtors were well educated, home owners and middle class.
Unfortunately most Americans are only one accident or illness away from losing much of what they have worked for their entire lives. I can't count all the people in my office over the years who can't believe what is happening to them. Anybody who tells you the current system is not broken, doesn't know what they are talking about or have a vested interest in the status quo.
Sara Shepherd wrote an interesting article in the Kansas City Star about a new product safety law that applies to resale items at a garage sale.
Selling any used cribs or playpens at your upcoming garage sale? Children’s clothes with drawstrings or zippers? Pre-1985 books? Rubber duckies or pool floaties?
Better check them twice.Just like megasize toy manufacturers and stores that sell products from China, the notoriously broad and confusing federal Consumer Product Safety Improvement Act applies to you and your front yard.
Anyone selling products, even used ones, that have been recalled or banned by the act is in violation. The act covers everything from toys with lead paint to cribs that might strangle babies.
“Ignorance of the law is not an excuse,” warns a 27-page Consumer Product Safety Commission resellers’ handbook, released this month. “But more importantly … you do not want to sell products that have the potential to harm anyone, especially a child.”
Besides people holding yard sales, the law applies to thrift or consignment stores, charities, flea markets and people who sell on auction Web sites, the handbook says.
Unlike manufacturers, resellers aren’t required to test used products for lead and phthalates.
However, they are supposed to educate themselves about safety standards and, somehow, ensure none of their products violates them.
The safety commission will not patrol garage sales, commission spokesman Scott Wolfson said. But store proprietors who knowingly or repeatedly violate the law may be fined.
All sellers — and shoppers — should learn about the rules, Wolfson said.
“You could be passing on a danger to an unknowing family,” he said. “We do a great job at CPSC of getting dangerous products off of store shelves. Our challenge has always been getting those same dangerous products out of people’s homes.”
The commission studied thrift stores nationwide in 1999 and found that 69 percent were selling products that had been recalled, banned or failed to meet safety standards, according to the handbook.
After millions of lead-tainted toys from China were recalled in 2007, Congress enacted the sweeping and complicated Consumer Product Safety Improvement Act in August 2008. It took effect in February.
The new handbook, available at www.cpsc.gov, summarizes the law for everyday people who sell used products.
It includes resources and guidelines for identifying risky products, plus horror stories — some with illustrations — of what has and could happen to children because of certain items:
•Drawstrings on hoods have caught on playground equipment and bus doors, causing children to be strangled or dragged and killed.
•Magnetic toy parts, if swallowed, have attracted one another inside children’s intestines, perforating them.
•Children have been hanged when their bodies, but not their heads, slipped between rails of top bunk beds.
•Others have suffocated when foam pellet stuffing from bean bag chairs clogged their mouths and noses.
Throughout Mission’s recent citywide garage sale, piles of used children’s clothes, playpens and bassinets, dolls and toys ranging from elaborate sets to cereal-box prizes were on sale — cheap.
Some sellers were mothers who said they policed their own products for their own children’s safety, but they either hadn’t heard of the new act or didn’t know it applied to them.
Karen Laughton’s wares included a bassinet and a large Fisher-Price toy once used by her children, now 4 and 7.
Laughton said she’d heard of similar products being recalled but that when she checked the list she learned hers were different models or years.
Here is an interesting press release I found from the City of Springfield
April Crash Report Card
There have been three fatality crashes in Springfield during the first four months of the 2009, compared to three in the same time period in 2008. The number of total crashes has decreased by 1 percent, while the number of injury crashes has increased 2 percent, respectively, compared to the same period last year. There have been 2,319 total crashes from January 1 to April 30. Traffic crash statistics are tracked by the Public Works Department.
MAY SAFETY MESSAGE
In the past, the majority of vehicles using our roadways were automobiles and trucks. Today, there is a trend toward an increase in alternative modes of transportation on our city streets. Street designs that provide for alternative modes of transportation are referred to as “complete streets.” This new design approach strives to accommodate all users of the streets, including bicyclists and pedestrians, as well as citizens who use wheelchairs. Those modes of alternative transportation have been growing noticeably over the past few years for several reasons, such as health benefits, environmental awareness and leisure, or as a response to increased gasoline prices and our present economic situation. While the City of Springfield is making an effort to accommodate the increased need to make the roadways more multi-modal-friendly, motorists themselves need to develop the habit of looking for people who are taking to the streets using alternative modes of transportation.
Local crash data clearly shows the need to address pedestrian, bicycle and motorcycle crashes in our community:
In 2008, there were a total of 17 fatal traffic crashes in Springfield with 9 involving motorcycle drivers. There were only two motorcycle fatalities on Springfield’s roads in 2007. Through April 30 of this year, there have been 21 pedestrian crashes, of which 17 sustained injuries. In 2008, there were “only” 13 reported crashes involving a pedestrian in that same time period — with a yearly total of 53 pedestrians hit in Springfield. Also, through April 30, 2009, 16 bicyclists have been hit by motor vehicles, of which 13 sustained injuries. In the same time period in 2008 there were only 6 bike crashes. Throughout the year of 2008, a total of 71 bike crashes were recorded.
The numbers of pedestrians, bicyclists and motorcycles on our roadways are increasing, which is overall a positive development for our community. However, on the down side, most motorists have not yet realized that they also must adapt to having these alternative forms of transportation on our roadways.
Motorists need to develop safe practices, such as:
The USDA has announced a recall of Valley Meats LLC ground beef due to E. coli O157:H7 contamination. Valley Meats is an Illinois company that sells ground beef under many names in many states. It is unknown if any of the recalled products were sold in Missouri. You can review the labels of the recalled beef here.
The USDA offers the following tips for safely handling of ground beef.
Wash hands with soap and warm water for at least 20 seconds before and after handling raw meat and poultry. Wash cutting boards, dishes and utensils with hot soapy water. Immediately clean spills.
Keep raw meat, fish and poultry away from other food that will not be cooked. Use separate cutting boards for raw meat, poultry and egg products and cooked foods.
Consumers should only eat ground beef or ground beef patties that have been cooked to a safe internal temperature of 160° F.
Color is NOT a reliable indicator that ground beef or ground beef patties have been cooked to a temperature high enough to kill harmful bacteria such as E. coli O157:H7.
The only way to be sure ground beef is cooked to a high enough temperature to kill harmful bacteria is to use a thermometer to measure the internal temperature.
Refrigerate raw meat and poultry within two hours after purchase or one hour if temperatures exceed 90° F. Refrigerate cooked meat and poultry within two hours after cooking.
Very often I am approached by a client who has an agreement they want me to take a look at. Many of these contracts have arbitration clauses. I always point out this provision and suggest that it be removed. Usually when I explain what arbitration is, how much it truly costs and the rights that are usually waived, the clients eagerly agree that it is probably not in their best interest. In my opinion, it is usually used by a bigger company to deter a smaller company or individual from doing anything to protect their rights because of the costs involved.
I have on numerous occasions used the example of the arbitrator needing to be appointed for each case and that this can arguably lead to biased results. The Wall Street Journal has a great article about a former employee who has filed a claim alleging some of the things that many attorneys have long feared about the arbitration process. Obviously, these are just her allegations and have not been proven.
The United States federal and state court system is far from perfect, but it is still the best thing going to provide a fair resolution for both parties.
Everyone should take a moment and watch a few of these video testimonials. The FDA is not responsible for testing the safety of medical devices, but rather, they rely on the manufacturer’s testing data when issuing an approval. If medical device manufacturers can’t be held accountable in a court of law, they have no incentive to produce a reliable product or to be forthright with the FDA about the device’s safety.
Here is a press release from the Campaign to Stop Corporate Immunity
The House Energy and Commerce Subcommittee on Health will hold a hearing on the Medical Device Safety Act, a bill that would reinstate the rights of patients to hold device manufacturers accountable. Testimony will be heard from physicians representing the New England Journal of Medicine, the Medical Device Safety Institute, a patient harmed by a defective device, and noted legal scholar David Vladeck.
This hearing will set the stage for a vote on critical legislation which is pending in Congress called the Medical Device Safety Act. HR 1346 would restore the rights of thousands of Americans who have suffered or even died because of defective medical devices, like heart defibrillators, artificial valves, and prosthetic knees and hips, to seek justice through the civil justice system. The legislation’s lead sponsors are Health, Education, Labor and Pensions Committee Chairman Ted Kennedy in the Senate and Health Subcommittee Chairman Frank Pallone in the House.
The medical device industry opposes this bill. They claim that the Medical Device Safety Act would prevent them from developing new medical technologies even though they had no problems with innovation prior to the Riegel decision when they could be held accountable for faulty devices.
“Medical devices are some of the most dangerous products on the market, causing devastating injuries to millions of people, yet currently manufacturers of these devices are completely immune from liability,” said Joanne Doroshow, Executive Director of the Center for Justice and Democracy. “It is gratifying to know that steps are being taken in Congress to fix the law.”
“People with disabilities deserve and expect that the medical devices they depend upon will be safe and reliable. When they're not, they should have a right to hold the manufacturer of faulty equipment accountable,” said Paul Tobin, President and Chief Executive Officer of the United Spinal Association. “The Medical Device Safety Act will hold manufacturers accountable for the quality and durability of the critical equipment that they market.”
Now is the time for Congress to act and pass the Medical Device Safety Act; it is not the time to allow special favors for corporate America.
Please let Congress know you support this.
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