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Safety Alert: Are Your Older Family Members Bed Rails Safe to Use?

The U.S. Consumer Product Safety Commission (CPSC), which a couple of years ago said it would be taking a harder look at bed rail safety after reports of hundreds of deaths over the prior decades, has just recalled more than 100,000 portable bed handles after reports of the deaths of an additional three women. Our Houston bed rail injury attorneys note that Bed Handles of Blue Springs, Missouri manufactured the bed rails subject to the CPSC recall.

The portable bed handles, designed to help older adults and people with some disabilities get in and out of their beds more easily, were linked to the deaths of a 41-year-old disabled woman, an 81-year-old woman, and a woman whose age was not provided. All three women reportedly died after they became trapped between their mattresses and the bed rails.

The bed rails are widely used in nursing homes and in elder care facilities as well as for home health care. The CPSC warned that these bed handles might shift if they are attached to a bed without the use of the safety retention straps, which creates a dangerous gap between the mattress and the guardrail. The gap could cause a patient to be strangled or crushed. Medical equipment stores, drug stores, home health care stores, and health and home care catalogs sold the devices for approximately $100 between January 1994 and December 2007. (Ron Nixon, nytimes.com, 5/20/14)

The CPSC’s acting chairman has announced a program that the agency intends to use to protect older adults from consumer products that pose dangerous risks to their health, safety, and lives. We hope the program will provide strong safety guidance and is not simply cosmetic. The Houston bed rail injury attorneys at Denena Points, PC had previously written about the reluctance of federal agencies to mandate bed rail safety standards even though thousands of injuries and hundreds of deaths had been linked to the devices.

Specifically, 36,000 adults required emergency room treatment between 2003 and June 2012 because of bed rail injuries. During that same timeframe, 150 people died of their injuries from portable bed handles. Since 1995, around 500 deaths have been reported from the devices. But the CPSC and the FDA point out that the problem is likely underreported because the cause of injury or death won’t necessarily mention the bed rail. It might simply list crushing injuries, entrapment or suffocation against the mattress, or strangulation.

Even now, the CPSC, FDA, and medical device manufacturers are focusing on voluntary safety standards for bed rail systems. Voluntary standards recognize that manufacturers have a strong incentive to comply in order to avoid costly liabilities from injuries or deaths. But personal injury and wrongful death claims against the makers of defective products can be difficult and complex to prove. So voluntary safety standards do not always function as well as we would like. The value of these standards is dependent upon the quality of the standards themselves and also upon manufacturers’ willingness to follow them. And there always seems to be at least one that wants to cut corners.

Voluntary safety standards govern much of the equipment design, manufacture, and installation for the amusement park industry for instance. Six Flags in Arlington, Texas had reportedly opted not to install seat belts proffered by the manufacturer for the Texas Giant roller coaster. And then a woman experienced a 70-foot fatal fall from the roller coaster last summer. But disputes between Six Flags and the manufacturer were ongoing in this case, and it still is not crystal clear what went wrong.

Our Houston bed rail injury attorneys recognize that government-mandated safety standards might add more than voluntary standards to bed handle manufacturing costs as well as to enforcement costs. But failure of manufacturers and installers to observe all applicable voluntary safety standards could burden victims and their families with even greater costs from needless injuries and wrongful deaths. It’s always a question of whom will bear the ultimate costs, isn’t it?

Click the link to read about the CPSC investigation of bed rail safety.

Did Stryker mislead Patients on Metallosis Dangers of Cervical Implant?

The CerviCore OASYS Midline Occiput Plate is supposed to stabilize the junction between the occipital plate and the vertebrae in the spine and is part of the OASYS Occipito-Cervico-Thoracic System intended to promote fusion of the cervical spine and occipito-cervico-thoracic junction in the body. Manufactured by Howmedica, doing business as Stryker Spine, the device was only approved for use by the FDA in 2010. But our Houston metallosis injury lawyers point out that less than three years later, the device had already been recalled.

The final FDA recall of the Stryker device was listed as Class I, the most serous type of recall, where serious injury or death might be a real possibility from failure of the device. Unfortunately, by that time, it had already been implanted in thousands of patients and had been tested on hundreds of others in clinical trials. The devices affected by the recall include all lots of the KWP product, and 48551044/5/6/7 and 8 of the OASYS Midline Occiput Plate in sizes small, medium, large, large long, and mini.

Participants in the CerviCore clinical trials have filed a lawsuit against Howmedica-Stryker. They claim that the manufacturer did not properly support patients who experienced difficulties with the device, and did not fully disclose the risks posed by the medical device. Their suit claims that the company said that CerviCore was made entirely of titanium, a basically non-toxic substance. (The white lettering on M&M candies is titanium white.)

But Stryker later admitted that the device actually contained cobalt, molybdenum, chromium, and nickel as well. Cobalt, while it makes a beautiful blue coloring agent, is also one of the most toxic natural substances to earthly life forms.

Why is that such a problem? you might ask. Well, apparently a pin in the device that connected the tulip head to the plate body could fracture, presenting risks of nerve injury, blood loss, and metallosis. The Houston metallosis injury lawyers at Denena Points, PC have written about metallosis before in relation to wear from friction in metal-on-metal hip replacements. The wear results in metal particles in the body that end up getting absorbed by the bloodstream and lodging in organs.

The lawsuit alleges that trial participants are suffering metallosis symptoms. And if they do in fact have cobalt particles flowing through their bloodstreams and lodging in their internal organs, those symptoms could be very serious indeed. The suit also alleges that Stryker has abandoned the clinical trial patients to deal with their symptoms on their own, and that it misrepresented how many of the devices had actually failed during the trials. We note that the trial participants are perhaps in a better position than anyone to know how many of those devices actually failed or caused problems during the clinical trial phase.

At the very least, our Houston metallosis injury lawyers are glad that the FDA did not let this product out onto the market through its expedited approval process. It actually did require clinical trials first. But whether there are trials or not, several manufacturers have shown disturbing tendencies to pay medical professionals to publish positive reviews of their product, to promote unapproved and potentially dangerous off-label uses of their products, and/or to cover up problems and risks related to the devices. The Infuse bone graft product comes to mind.

Medical devices are a huge and growing business. But aggressive marketing strategies that might seem to make good business sense could also lead to risks of deadly complications when the product at issue is one that gets implanted into a person’s body. Use our built-in search function on this web page to find other articles regarding OASYS, Stryker, Infuse, and metallosis.

Fiery Truck and Van Collision near Lubbock Kills 2

A van and a tractor-trailer truck hauling combustible liquid collided early Monday morning, resulting in a tragedy that claimed three lives. The resulting fire burned for around five hours, damaging the roadway as well as taking the lives of the van’s trio of occupants. The 18-wheeler’s driver was hospitalized, but survived the fiery crash on Highway 87 near Lubbock. (Associated Press by way of KTRK abc13.com, 5/5/14)

Texas Department of Public Safety officials did not have the identities of those who perished in the flames. Accident investigators thought that the van’s driver might have failed to yield to the heavy truck at a stop sign. Our Houston 18 wheeler accident attorneys express their sympathies to the family members and friends of the passengers and driver of the van, and we wish the tractor-trailer a rapid and complete recovery from the injuries sustained in the fiery wreck.

Know when to Yield, an Error in Judgment could be Fatal

TxDOT says that two of the top causes of accidents in Texas are failure to yield and running red lights and stop signs. Intersection crashes where people fail to yield are responsible for almost 40% of crash fatalities. Failure to yield to an 18-wheeler, even if it’s not carrying a cargo of highly combustible liquid, can easily be fatal due to the massive size and weight difference between the truck and a passenger vehicle.

To help prevent accident injuries or deaths, TxDOT suggests that drivers slow down, yield to other drivers, keep a safe following distance between vehicles, and always stop at red lights and stop signs.

If you’re involved in a crash, try to move to the side of the roadway out of the way of other traffic to exchange information. Check for injuries, and help those who are injured as much as you can until paramedics arrive. The Houston 18-wheeler accident attorneys at Denena Points, PC remind you to always call the police if the vehicles can’t be moved after a collision, if injuries or fatalities occurred, or if a driver tried to flee the scene, appears intoxicated, or is uninsured.

Learn more about what to do after a serious injury accident. Download a free guide from the book icon on this web page.

Another School Vehicle Collision leaves Multiple Injuries In Texas

Following the deadly crash of a chartered bus carrying high school students in California, our Houston school bus accident lawyers had pointed out how school vehicle crashes were actually relatively rare compared to other ground transportation wrecks. In fact they are so rare that just one major wreck, like the one in California or this one in Wharton, Texas, has the power to skew annual statistics regarding school transportation injuries and fatalities.

The collision on Saturday night in Wharton reportedly involved two school vehicles from Whitehouse I.S.D. that were carrying high school students from a Career and Technical Education contest in Corpus Christi. The cause of the accident was not disclosed. But several Whitehouse high school students and a teacher were transported to the hospital for injuries and later released. Two additional students and a teacher received emergency airlifts to a Houston trauma center for more severe injuries. (Tyler Morning Telegraph, 4/13/14) The hearts and prayers of our Houston school bus accident lawyers are with all of the injured victims and their families, friends, and colleagues as they recover form the crash.

Driver fatigue has been a factor in numerous long bus trips over the years and is also recognized as a problem among long haul truck drivers. We also note that passenger buses still lag behind other types of vehicles regarding some important safety features. For instance, the fuel tanks are not well shielded and demonstrate a tendency to erupt in flames in serious crashes. And windows, doors, and emergency exits can be very difficult to open after a crash, preventing the safe evacuation of passengers. And most buses still lack seat belts, meaning that after a crash impact, passengers and the driver might be too disoriented and injured to be able to evacuate the vehicle safely.

Where the negligence of drivers and/or vehicle manufacturers has resulted in injury to you or your child, you might be eligible for a full financial recovery for the costs of the needless injuries that resulted. Contact the Houston bus accident lawyers at Denena Points, PC for a free and confidential legal consultation to learn more. You have no obligation to hire an attorney. Reach us at 713-807-9500 or anytime through our online contact form. Put our more than 15 years of experience successfully holding negligent drivers and manufacturers accountable to work for your benefit.

Houston Initiatives seek to promote Safety and Awareness of Bicyclists

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In recent years, Texas cities have been seeing a sharp increase in motor vehicle crashes involving pedestrian and bicyclist accident fatalities. The increase has prompted Austin to survey those who use its roads in an attempt to learn how to enhance safety for those who walk and cycle in the capital. Trying to discover common themes that it can use to promote safety and awareness, the city has begun developing the Safe Walk, Safe Bike campaign. In 2012, the number of bicyclists and pedestrians killed in car collisions in Austin rose to twice the amount of previous years.

Houston Bicyclist Safety Initiatives

Houston, where serious hit and run crashes are a regular news item and where a number of bicyclists died in car collisions over the past year, has just announced an initiative to close off certain streets on Sundays to allow bicyclists and pedestrians to enjoy the city’s offerings without having to dodge motor vehicle traffic. Houston has also just started an undercover enforcement initiative to catch motorists who threaten bicyclists’ safety, intentionally or otherwise.

Houston has a Safe Passing ordinance designed to protect cyclists. The ordinance requires that motor vehicles passing a bicyclist must leave at least three feet between the vehicle and the bike. And that drivers must leave 6 feet between their vehicle and any bicycle they’re following behind.

So some Houston plainclothes policemen are out on bikes, pedaling through high traffic areas. And if you’re a motorist who fails to obey the Houston Safe Passing ordinance, you’ll get a ticket. And a needed lesson in bicyclist safety awareness.

The undercover enforcement effort should broaden drivers’ awareness regarding cyclist safety. It’s part of the Houston Mayor’s overall plan to enhance bicycle safety in her city. In addition to the Sunday Streets imitative that temporarily closes routes to motor vehicles, the administration is dedicating $50,000 to help fund a bicycle master plan for the city as the Houston’s network of walking and cycling trails expands. (Doug Miller, KHOU 11 and KENS 5 News, 3/26/14)

The new Austin and Houston initiatives are good news for cyclists and pedestrians alike. But we fear that in thriving Texas cities increasingly congested by motor vehicle traffic, drivers are likely to become even more impatient and possibly take even greater risks with others’ safety as they try to cope with gridlock and delays.

Cyclists and Pedestrians face Distinct Disadvantages in Collisions with a Motor Vehicle

In a collision with a motor vehicle, a pedestrian or bicyclist is at a serious disadvantage. The deadly rampage of an intoxicated driver through a crowd of pedestrians and cyclists at this year’s SXSW music festival in Austin amply demonstrated the dangers. When a car collides with a pedestrian or cyclist, the victim might suffer severe head trauma, neck and spinal injuries, internal organ trauma, broken bones, amputations, and/or deep lacerations. The collision could easily be fatal. Yet the driver of the motor vehicle might sustain little or no injury.

But the crash victim on foot or on a bike is likely to need immediate emergency medical treatment, a long recovery period, or possibly even lifelong care for the resulting injuries. A collision with a motor vehicle could change their lives forever. Victims need to be able to build strong compensation claims to make the financial recoveries they need and deserve after such serious accidents. But that’s not always easy, especially in a hit and run situation. Occasionally video surveillance tapes might help the bicycle accident victim, but often there are no witnesses, even electronic ones. And when there are witnesses, sometimes everything happens so quickly that no one gets a license plate number or a good description of the vehicle or driver.

It could be critical to your future to get an experienced accident attorney who knows how to conduct a thorough accident investigation on your case immediately. Videotapes are often recycled and taped over within a matter of days. Witnesses disappear from the scene and begin to forget what they saw and heard. Those who caused the crash might try to hide, destroy, or cover up important evidence. You need to make sure you get the evidence you need before it disappears or goes stale.

Contact the Experienced Houston Bicycle Accident Injury Attorneys at Denena Points, PC to learn How

We offer a free initial legal consultation to discuss your accident and injuries and evaluate your eligibility for a fair financial recovery. You have no obligation to hire an attorney. Reach us anytime through our online contact form or call us direct at 713-807-9500. Put our more than 12 years of solid experience winning successful recoveries fir injured victims and their families to work for your benefit. Call today.

Sharp Rise in Houston Pedestrian Deaths leads to HPD Warning

The Houston pedestrian accident lawyers at Denena Points, PC have noticed that over the last year or so, there seems to have been a sharp rise in the number of news reports of tragic Houston pedestrian deaths by vehicle, as well an increasing number of hit and run accidents. So from time to time, we have posted safety tips for pedestrians and calls to report hit and run drivers.

It turns out it wasn’t just our imagination. Houston police have just issued a warning to local residents to be careful when out walking, as there really has been a rising number of pedestrian and vehicle collisions, and a large proportion of those accidents have been hit and runs.

Yesterday, after the third pedestrian death in a 5-block section of Bellaire Boulevard, the HPD issued a warning to local pedestrians to be extra cautious on the streets, particularly at night. The first pedestrian fatality along this part of Bellaire this year happened on January 15th around 10 p.m. when a 79-year-old man was fatally struck. The driver in that tragic incident stopped to render aid, and was not found at fault for the accident. The second death occurred on February 9th just before dawn when a car that debris indicated might have been a Toyota killed a 28-year-old man. That hit and run driver fled the scene.

The most recent fatal pedestrian accident happened just before 6 a.m. on Saturday in the Bellaire Boulevard construction area when a 40-year-old man was hit when he tried to cross the street outside of a crosswalk. That hit and run driver also fled the scene. Our Houston pedestrian accident lawyerss emphasize that of the three recent fatal pedestrian – vehicle collisions on that stretch of Bellaire, two-thirds have been hit and runs.

That part of Bellaire Boulevard where the most recent fatal accident occurred is especially problematic according to people in the neighborhood. One side of the street is without a sidewalk. About 55 streetlights have been removed from the area, making it darker and more dangerous than usual at night. And construction work has made the area extra hazardous to navigate. But people need to cross the street. And bus stops on the route mean that pedestrians will be coming and going in the area.

The risk to pedestrians is by no means confined to the construction zone along Bellaire. Just yesterday, KTRK reported that a car struck a pedestrian on Highway 290 at the North Loop just after 5 p.m., and that the victim was taken away from the scene by ambulance.

The increase in pedestrian deaths and traffic fatalities in Houston has been alarming this year. Last year at this time, there had been 30 traffic deaths, of which 7 were pedestrians. This year, there are already 44 road fatalities, of which 15, more than one third, have been pedestrians.

The increase in Houston hit and run collisions is not a recent trend. From 1999 to 2001, the number of reported hit and runs in Houston increased by 20%. AAA Foundation for Traffic Safety researchers found that unlicensed drivers are more than 66% more likely to flee the scene of an accident than licensed drivers. Our Houston pedestrian accident lawyers mention that this percentage bears a striking relation to the proportion of fatal hit and run pedestrian accidents along Bellaire recently. Click the link to learn some important pedestrian safety steps to reduce your risk of being hit.

Abrams Royal Compounding Pharmacy issues Recall after Patient Illness

The Abrams Royal Compounding Pharmacy that has issued the contaminated drug recall is located in a small, generic “strip mall” setting near a fine veterinarian, a Walgreen’s, a dry cleaner, and various other establishments at the intersection of Abrams and Royal in Dallas. The compounding pharmacy seems to have a rather prominent sign for such a venue.

What do Compounding Pharmacies do?

The Houston drug recall attorneys at Denena Points, PC mention that the real purpose of compounding pharmacies, and the reason why they were allowed exceptions under the FDA oversight system, was because they originally only filled individual prescriptions for individual patients with special needs. For instance, if a patient was allergic to a specific ingredient in a “brand” medication, the compounder could mix the drug with alternative ingredients. Or if the patient was a child and couldn’t tolerate taking the medication in its natural, medicinal flavor, a cherry or other flavoring could be added to make it more palatable. Or if a patient needed a smaller or larger dosage because of their weight or some other factor, the compounder could mix the medication to suit.

Compounding Pharmacies have a Difficult Time Maintaining Sterile Production Practices when they Mass-Produce their Products

In recent years plagued by huge medication recalls and unusual numbers of patients wanting additional medications, compounding pharmacies have matured into mass production roles. And the pressures of mass production have often left the pharmacies behind the curve on facility sterility and oversight procedures.

Such was the case with the New England Compounding Center (NECC) that produced a (so-called) sterile, injectable pain medication commonly used for back pain patients. The medication became contaminated with mold and fungus due to un-sterile production techniques and facilities and was distributed all over the nation. More than 700 patients became ill and infected, and at least 50 patients died from the fungal meningitis contracted from the contaminated medication in the fall of 2012.

Since that time, the FDA has been taking a closer look at compounding pharmacies and conducting more facilities inspections. In spite of stepped-up enforcement, the pressures of the industry, with lots of money to be made in mass production and few threats of penalties for negligent practices, have led to continuing lots of contaminated medication from contaminated facilities that seem to have little regard for sterile practices or production methods.

The Danger when Sterile Medications aren’t Sterile

Our Houston drug recall attorneys emphasize that many of the compounding pharmacies’ products are called sterile medications. That is, the medicines are supposed to be produced with the strictest regard for clean production methods and practices because often they get injected directly into the patients’ bloodstreams at sensitive sites in the body. Such was the case with the NECC pain medication that was injected into the body at the spine and led to hundred of serious illnesses, abscesses, and secondary infections, and to dozens of deaths.

About the Abrams Royal Compounding Pharmacy Recall

A patient in California has now suffered an adverse medical event, not specified in news accounts of the incident, after an injection of a so-called “sterile” mineral IV medication from the Abrams Royal Compounding Pharmacy in Dallas. The medicine’s lot number was 11142013@74. The California patient tested positive for Stenotrophomonas maltophilia, a bacterium that can lead to many serious infections including pneumonia, meningitis, and bloodstream infections.

The Abrams Royal Compounding Pharmacy has since issued a voluntary recall on all of its non-expired products and has advised patients and healthcare providers to stop using the medications. The recalled products include injectable medicines like IV injections, as well as eye drops, nasal sprays, pellet implants, and eye ointments distributed from 6/17/13 to 12/17/13. To return products or to get assistance related to the recall, people may call the compounding pharmacy at 214-349-8000. Patients affected by adverse events form the medication can report them to the FDA at www.fda.gov.medwatch/report.htm.

Contact the Houston Drug Recall Attorneys at Denena Points, PC if You need Experienced Legal Help with an Adverse Medical Event from a Compounding Pharmacy Product

Our experienced attorneys provide a free, initial legal consultation to discuss your injury or the injury of your family member and to evaluate your potential eligibility for a full financial recovery for the harm you’ve suffered. Call us at 713-807-9500 or reach us through our online contact form to schedule your free consultation.

How Weaker EPA Chemical Regulations Could Compromise Your Safety

The Houston area economy relies on the chemical and refining industries for much of its both. But with the burgeoning trade and manufacturing activity in toxic substances, our Houston chemical injury lawyers note that safety for both workers and community residents is of paramount concern. An astonishing density and variety of these industries exists around Houston and along the Gulf Coast and lower Mississippi River.

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The two greatest concentrations of industries involving volatile chemicals and toxic substances are in the Houston area and along Louisiana’s Mississippi River corridor. For example, in 2012 the Louisiana Chemical Association reported that 311 chemical manufacturers employing 15,727 dotted the Mississippi River corridor from Baton Rouge down to the Gulf. And that number excluded oil refineries and some plastics makers.

Yet with all this industrial activity throughout the region, the Houston chemical injury lawyers at Denena Points, PC emphasize laws governing the handling of toxic chemicals are old and rarely used for enforcement. Safety advocates agree that the nation’s Toxics Substances Control Act (TSCA), the nation’s primary chemical safety law adopted in 1976, is outdated and toothless. But the U.S. EPA (Environmental Protection Agency) is dragging its feet on endorsing a more updated proposal, the Chemical Safety Improvement Act (CSIA), introduced this past April.

Just this month, the U.S. EPA’s Assistant Administrator of the Office of Chemical Safety, James Jones, testified regarding the CSIA before the House Subcommittee on the Environment and the Economy. While our Houston chemical injury lawyers point out that his testimony served to underscore the weakness and flaws in the old TSCA, he seemed reluctant to embrace reforms, and declined to offer a formal position for the EPA on the CSIA. He chose instead to refer the House Subcommittee to the EPA’s Essential Principles for Reform of Chemicals Management Legislation and urged caution in considering the new proposal. Go to Part 2 for a look at a comparison between the EPA’s Essential Principles, the CSIA, and the TSCA and what that means for chemical safety and your protection from dangerous toxic hazards.

Chemical Safety Comparison of EPA Essential Principles, TSCA, and CSIA

Continued from Part 1.

TSCA:

  • The Act established an inventory and notification framework for monitoring and assessing commercial production and importation of chemicals.
  • The TSCA excludes broad categories of chemicals like pesticides and drugs. We note that poorly regulated and monitored pesticide chemicals led to a devastating explosion in West, Texas several months ago that destroyed half the town and killed more than a dozen people. The destruction destroyed the town’s infrastructure and crippled its economy, leaving the town half depopulated and poorly equipped to rebuild.
  • The TSCA places the burden on the EPA to demonstrate unreasonable risks to health or the environment in regulating substances.
  • In 2009, the U.S. GAO mentioned that since the 1976 advent of the TSCA in 1976, the EPA has taken action to control only 5 chemicals under the Act out of the more than 84,000 chemicals in TSCA’s inventory today.
  • The Act grandfathered in more than 60,000 chemicals without safety testing.
  • The Act leaves the EPA without the needed authority to test chemicals. It has tested only slightly more than 200 of the 84,000 available chemicals.

CSIA:

  • Preempts (prohibits) judicial review of the EPA’s designation of a chemical as being of low or high priority. Our Houston chemical injury lawyers clarify that this means that states, municipalities, and individuals would lack the ability to challenge the EPS’s designations in court or to regulate or conduct enforcement against potentially toxic and dangerous chemicals at the local level, potentially leaving local populations at the mercy of profit-conscious manufacturer.
  • Would stop states from regulating the chemicals that could harm their residents for months or years before any of the CSIA federal regulations took effect leaving a huge safety gap.
  • Would have stricter waiver requirements that remove the states’ abilities to more strictly regulate or ban chemicals deemed harmful without getting a waiver from the EPA.

The Essential Principles:

  • They call for reviews using sound scientific principles and based on risk-based criteria. (The Houston chemical injury lawyers at Denena Points, PC note that risk-based criteria and economic considerations have failed to adequately protect workers and the public from dangerous chemicals.)
  • The Principles rely on manufacturer-provided conclusions regarding the safety of new and existing chemicals. While we understand that the government likely doesn’t have the resources to test all these chemicals itself, relying on the economically motivated manufacturers to provide safety assessments is like asking a hungry fox to guard the henhouse.
  • The Principles ask for risk-management decisions to account for sensitive subpopulations, the availability of less hazardous chemical substitutes, increased transparency and public access to information, sustained program funding (the perennial cry of any government agency), and encouragement of “green” chemistry.
  • And our Houston chemical injury lawyers report that the Principles fail to address the issue of preemption, a problem under the proposed CSIA.

You might have noticed that all three of the TSCA, CSIA, and EPA Essential Principles leave the public exposed to potentially dangerous hazards in the chemical industry. All three schemes rely heavily on economic concerns over safety, are relatively toothless on regulation and enforcement, and leave local governments and individuals without the means to create and enforce their own safety rules.

Indeed, the EPA and the federal regulatory schemes would effectively prohibit the states from taking action against harmful chemicals. And the Houston chemical injury lawyers at Denena Points, PC believe that individuals and officials at the local level are always in a better position to know what might be appropriate for their own area and population than removed and disinterested federal officials. The P in EPA effectively seems to stand for protecting manufacturers and their economic profits, rather than the public and the environment.

But our Houston chemical injury lawyers caution that there’s no guarantee the states would actually step up to ensure your safety, especially those heavily reliant on chemical industries for jobs and their local economic activity.

Can your medical device be hacked and your health compromised?

Yes. According to Dan Koeffler of ABC World Nightly News (10/19/13), that was the premise behind the season finale of the TV series “Homeland,” which ended with the assassination of the series’ fictional Vice President when a hacker remotely accessed his pacemaker. Based on fears that something like that could happen, apparently doctors disabled the remote wireless access function on the pacemaker of then Vice President Dick Cheney when they implanted it to regulate his heartbeat. The message is that we should all take security concerns seriously: anyone could be at risk for medical device security breaches, even a Vice President.

And last year, our Houston medical implant injury attorneys mention that the U.S. GAO ordered the FDA to set higher standards for medical device security to greater protect patients’ health. While the FDA states that it’s not aware of any deaths or injuries caused by hackers yet among the medical device security vulnerabilities and malfunctions that have been reported, that doesn’t mean it couldn’t happen. The government action was prompted in part, according to ABC, by the mysterious death of hacker Barnaby Jack after he came forward and claimed to have proof that medical devices could be hacked.

What are Some of the Threats to Medical Device Security?

In addition, our Houston medical implant injury attorneys note that Deloitte recently issued a report supporting the idea that medical devices could be compromised. The report called these potentially life-saving devices a double-edged sword that could also pose threats and cause unintended consequences to patient’s health. The devices could expose patients and healthcare organizations to safety and security risks.

The ubiquity of wireless and wired networked medical systems and devices brings a growing risk of computer security breaches. Compromised medical devices might also be used to attack not just individual patients, but other parts of a healthcare organization’s network. (Tom Sullivan, Government Health IT, 9/25/13) So the FDA was ordered to begin taking medical device security seriously. Potential threats include not just intentional attacks by hackers, but unencrypted data transfers that make the data vulnerable to alteration and manipulation, and other threat vectors.

Actual Security Problems found in Networked Medical Devices by the FDA

The FDA mentions that it has seen incidents of botched security, equipment manufacturers that basically ignore the need for updating or patching, security passwords freely handed around, and rampant malware in hospital medical devices that use unpatched operating systems. For instance, the Board Certified Houston medical implant injury attorneys at Denena Points, PC describe a frightening example where malware had infected and slowed down the fetal monitors being used in intensive care wards on women with high-risk pregnancies. (MIT Technology Review, National Institute of Standards and Technology Information Security and Privacy advisory Board)

But all sorts of critical healthcare devices, such as the compounders that prepare intravenous drugs and nutrients, picture-archiving systems used in diagnostics such as MRI machines, defibrillators, blood gas analyzers, insulin pumps, radiology devices, and nuclear medicine delivery systems could all be compromised. (Lisa Vaas, Naked Security, 6/17/13) Browse our website to learn more about the threats to medical device security and what it could mean for your health.