Continued from Part 1
A doctor who teaches at the University of Minnesota first brought the problem to the attention of federal regulators in 1995, more than 15 years ago. But little has been done in part due to uncertainty regarding which federal agency has authority over the problem. If the bed rails are “medical devices” then the FDA has authority over the problem. But authorities say that unless the manufacturer makes specific claims regarding the bed rails, they are actually consumer products that must be regulated by the CPSC. But the CPSC has consistently disclaimed responsibility for bed rails in the past.
The reluctance to act has also been attributed to anti-regulatory sentiments in Congress at various times, to pressure from bed rail manufacturers, and to the enormous costs associated with a substantial change in safety standards for bed rails. Our Texas injury attorneys understand that many facilities that use bed rails would fail to meet any new standards and would have to replace them at high cost. (Source: Ron Nixon, The New York Times, 11/25/12)
So far, Only Voluntary Bed Rail Safety Standards Exist
In some attempt to assuage the concerns of safety advocates, the FDA issued voluntary guidelines regarding bed rails in 2006. The agency recommended size limits for the gaps between the rails and instructed nursing homes and hospitals regarding their use.
Our Texas injury attorneys note that voluntary guidelines are just that. And many facilities on a budget have continued to use older bed rail models. And few people buying the rails for home care of family members have any idea how dangerous they can be or what they should look for to ensure safe use of the bed rails.
A Ray of Hope may be on the Horizon
The CPSC has recently undertaken a study on the problem of bed rail-related deaths and injuries. The agency says it will consider what actions it should take regarding bed rail safety when that study is complete, which might be by the end of this year. The CPSC says it is also looking at ways to better coordinate with the FDA and close the regulatory gap between the two agencies.