San Francisco Injury Lawyer Blog

Can the FDA Protect Smokers from Injury?

May 18, 2009 | Gregory J. Brod

New research blames changes in cigarette design for fueling a certain type of lung cancer, according to an article put out by the associated press. In the article Dr. David Burns of the University of California says that “up to half of the nation’s lung cancer cases may be due to those practices.” Researchers conclude that it is riskier to smoke cigarettes today than it was a few decades ago. In the 1960’s there was a movement toward lower-tar cigarettes. Consequently, that movement changed cigarettes so that they contained less tar and more Nitrosamines, a type of carcinogen. Nitrosamines are a byproduct of tobacco processing and levels vary for a variety of reasons, one of which is curing techniques. The research states that while the nation’s total lung cancer cases have inched down as the numbers of smokers has dropped in recent years, the individual smoker’s risk of getting cancer is higher. The research shows that when smokers switched to the lower tar cigarettes, they began inhaling more deeply to get their nicotine jolt, which pushed cancer causing smoke deeper into their lungs.

Congress is currently debating the issue of whether the FDA should regulate tobacco. President Obama supports legislation that would allow the FDA powers over tobacco products. The Office Management and Budget states: “Cigarette smoking is the leading preventable cause of death in the United States and is a contributing factor to scores of diseases and conditions inflicting misery upon millions of our citizens…Further, Tobacco products-including nicotine and possibly after the study, menthol.” Under new proposed legislation, the FDA would have the power to decide such things as whether to set caps on certain chemicals in tobacco smoke. The FDA would also be given the power to approve or reject new tobacco products and to expand market restrictions and warning labels. Here at the Brod Law firm we see the issue as problematic. The problem with the FDA regulating cigarettes and having its name on warning/safety labels is that it will give the impression that the FDA is saying it is safe to use. Also, tobacco companies may try to protect themselves against any liability by claiming they are in compliance with FDA standards. But we do believe that any regulation is a start in the right direction and that it is better than no regulation at all. Any effort by the government to protect the public from product injury is always a good idea no matter how politically heated the subject.

May is the Month For Motorcyle Safety in San Francisco, California

May 12, 2009 | Gregory J. Brod

Arnold Schwarzenegger has proclaimed May 2009 as “Motorcycle Safety Awareness Month.” This bit of information was brought to our attention from an article in the San Francisco Examiner. The article states: An increase in motorcycle use by inexperienced riders is being blamed for the bump in accidents involving the two-wheeled vehicles on city streets. It further points out that there has also been an increase in motorcycle accidents during the past several years. The National Highway Traffic Safety Administration (NHTSA) has, as part of its safety campaign, declared that May is Motorcycle Safety Awareness Month. On a national level, according to NHTSA’s statistics, motorcycle accident injuries and deaths have been on the rise since the late 1990’s. Also according to the NHTSA, the majority of fatal motorcycle accidents happen on non-interstate roads. And statistics from the Department of Motor vehicles reveal motorcycle registration in San Francisco went from 17,611 to 19,417 from 2004-2007. This increase of motorcycle use can explain the rise in accidents-since most new riders are usually inexperienced.

The real problem here is not that too many motorcycles make our roads unsafe but rather that too many inexperienced riders make our roads unsafe. So, just as Arnold Schwarzenegger points out, every person who gets on a motorcycle needs to take the proper steps to stay safe. As part of his proclamation he shares that our state offers the California Motorcyclist Safety Program, which has trained many inexperienced motorcycle riders. Here at the Brod Law Firm, we would like to share with our readers additional information, provided by NHTSA, for motorists and motorcyclists to help motorcycle riders stay safe. Some safety tips for motorists are:

1. Respect motorcyclists-remember that motorcyclists have the same rights and privileges as other vehicles on the road;

Perhaps More Injury Accidents Ahead for San Francisco Bikers and Pedestrians

April 23, 2009 | Gregory J. Brod

Recently, San Francisco’s MUNI released a revised budget proposal for the 2009-2010 fiscal year that calls for eliminating bus routes or sections of bus routes and cutting back on service and jobs, in an attempt to get out of the $129 million budget deficit. MUNI has proposed three options for eliminating routes and segments of routes and reducing service. Option 3, the hardest hitting, would allow for a 6.3 percent reduction in service hours-ultimately saving muni $17.8million. They are also increasing the cost of services such as monthly passes, which will go into effect on July1st. According to the San Francisco Chronicle, city transportation officials warn that service may erode-which is what happened during a budget deficit in the mid-1990’s, when a shortage of drivers, maintenance workers, street supervisors and schedulers made for an unreliable system plagued by frequent breakdowns and missed runs, leading to widespread public anger and frustration.

So what will the result of eliminating routes and jobs, while raising the price of a monthly pass? Will MUNI become less reliable and erode just as predicted by city transportation officials. Perhaps regular MUNI riders will decide to bike around town, instead of relining on the bus-which would be a great way to offset some the inconvenience these cuts will no doubt induce. But if there are more bikes on the streets, and, because our city is not anywhere near being 100 percent bike friendly (i.e., the lack of a suffient number of bike lanes and aware drivers, etc.), then there will probably be more bicycle accidents. And if some regular MUNI riders decide to take to their cars, this will probably create more traffic, which will, in turn, produce more impatient drivers and a higher potential for injury accidents. And if the system does erode, then the safety of MUNI passengers might very well be compromised if the buses they ride are not properly maintained or if drivers become disgruntled and care less about looking out for their passengers. Here at the Brod Law Firm, we can’t help but see MUNI’s proposed budget cuts from fearful point of view. Over the past few years there have been too many accidents between buses and bikers and pedestrians, despite MUNI’s efforts to improve service. So we worry about the effect budget cuts will have on the citizens of San Francisco.

From China to San Francisco–Beware of Dangerous Products

April 17, 2009 | Gregory J. Brod

Skimming over the news today I noticed another article regarding recalled products. This time, according the Associated Press, the recalled products are fitness balls, made in China and manufactured by New York based EB Brands. The fitness balls have been recalled because the balls can unexpectedly burst during use if they are over inflated. The company received reports of people sustaining fractures and multiple bruises when they fell after balls had burst. In the same article, another recall alert was posted for Shape-O Toy Maracas imported by Tupperware. This toy was also made in China. The toys are considered hazardous because they can brake and expose small parts, which children can choke on. The handles are also a suffocation hazard for children.
This issue of hazardous products manufactured in China is becoming more and more prevalent. Whose fault is it that these products are injuring consumers? Is it China for not ensuring products manufactured in their country are safe, or our fault, for not monitoring or inspecting imports? Product safety lies with both exporters in China and importers in the United States. When companies here choose to do business with the world’s leading manufacturing power, they need to ensure quality and safe standards are met within the entire supply chain. Companies are often not dealing with only one supplier, but often are dealing with the supplier’s suppliers. The sourcing becomes invisible when companies choose China to manufacture their goods, potentially placing the innocent U.S. consumer at risk. In the wake of massive product recalls, we need to wake up to the fact there seems to be a serious lack of integrity at all business levels on all sides. Just as we need a huge overhaul in our nation’s food safety regulatory agencies, we also need an improvement in how we choose to produce and manufacture products. More stringent laws and regulations must be applied to companies that choose to commit fraud against consumer safety. In the meantime, injured people are left to seek recourse in our civil system.

Reflections on Bicycle and Pedestrian Accidents in San Francisco

April 14, 2009 | Gregory J. Brod

May is approaching, and May is National Bike Month-a time for remembering that other people on the road are human beings. Staying aware of this fact can help us get where we’re going with more patience and less stress. This is a philosophy San Franciscans could benefit from as San Francisco strives to become a more bike and pedestrian friendly city. Here at the Brod Law Firm, we have dealt with many bike accident cases, cases usually involving drivers who at fault. Often the reason they are at fault is because they don’t have proper training or awareness driving or parking along city streets full of cyclists. While our community is waking up the fact that we must learn to coexist, we still have a way to go. Not only are bicyclists being injured in unnecessary numbers, but pedestrians are also being injuring at an increasingly alarming rate. For example, just last week, a man was dragged under a bus just after he stepped off of it. Logically speaking, if we became a community which was more bike friendly, it seems that we would also become a pedestrian and transit friendly city by default. If only we could follow the lead of Northern Europe, where children in such places as the Netherlands, Denmark and Germany all receive extensive training in safe and effective cycling techniques as part of their regular school curriculum-most of whom complete such a course before the fifth grade. Motorist training is in those countries is also more extensive as well. Heavy fines and points are placed a driver’s record for driving or parking in bike lanes, cutting off cyclists or otherwise endangering or inconveniencing them.

Thankfully, though, we have the San Francisco Bike Coalition, San Francisco’s de facto bicycling advocacy group. They have been instrumental in making riding conditions better for San Francisco bikers, drawing attention to pedestrian and cyclist safety and promoting the upsurge in bike friendly culture. They strive to show all of us on how to share the road. Their most important message is that motorists need to be aware of cyclists on the roadway and avoid endangering them, and vice versa. Portland, however, is the greatest example of what a bike and pedestrian friendly city in the United States should look like. One of the things they offer their community is a class called the Share The Road Safety Class. The class is a result of a partnership that began in 2006 when Multnomah county Judge, Christopher Larson, reached out to safety groups, such as Portland Police Bureau Traffic Division, the legacy Emanuel Trauma Nurses, Portland’s Bureau of Transportation, and other bicycle and pedestrian advocacy groups. All these groups have worked together to develop a training that addresses traffic laws, as well as inattention and intolerance on the road. It also puts special focus on ensuring the safety of cyclists, pedestrians and children. Most who participate in the class are there because they have been charged with a traffic violation. If participants successfully complete the Share the Road course, they are eligible for dismissal or a sentence of discharge, a conviction entered with no fine. Partners of the program hope that individuals will leave the class and share what they have learned with others at work and at home. With programs such as these in place, it is no wonder that Portland has zero cyclist fatalities, even as bicycle use is booming.

San Francisco Injury Attorney Comments on Combustable Babies

April 8, 2009 | Gregory J. Brod

According to an article by the Associated Press released earlier this week, a government study has found traces of a chemical used in rocket fuel in samples of powdered baby formula, and those traces could exceed what’s considered a safe dose for adults if mixed with water also contaminated with the ingredient. Apparently the study, released last month by scientists at the U. S. centers for Disease Control and Prevention, looked for the chemical, perchlorate, in different brands of powdered baby formula. Also according to the article, the study was brought to the publics’ attention when a Washington based advocacy organization, The Environmental Working Group, issued a press release Thursday. The article goes on to point out that the study was not a study of health effects, so it is unknown how dangerous the product is or the risks involved.

Apparentely, the chemical has turned up in several cities drinking water supplies and that it can occur naturally and most perchlorate contamination has been tied to defense and aerospace sites. The EPA, however, does consider perchlorat exposure a serious issue and expects to announce a decision soon about future steps in dealing with the chemical. The article also noted that certain health authorities emphasize the formula is safe, one of whom is Curtis Stevens of the international Formula Counsel, which represent formula manufacturers. Surely consumers are and will be confused by the conflicting and unverifiable information regarding the risks of consumption of this chemical.

Here are some facts. According to the FDA’s interim health advisory, human exposure to high doses of perchlorate may disrupt how the thyroid gland functions. In adults, the thyroid plays an important role in metabolism by making and storing hormones that help regulate the heart rate, blood pressure, body temperature, and the rate at which food is converted into energy. In fetuses and infants, thyroid hormones are critical for normal growth and development of the central nervous system. Perchlorate can interfere with the human body’s ability to absorb and iodine into the thyroid gland which is a critical element in the production for thryroid hormone. So how are we the consumers supposed to react to the varying reports about the risks associated with this chemical?

Wanted: Food Safety Reform in California and Beyond

April 3, 2009 | Gregory J. Brod

First it was spinach, then it was tomatoes, then peppers, then peanuts, and now it’s pistachios that have been contaminated with salmonella. The Food and Drug administration is investigating Setton International Foods Inc. of Commack, N.Y., along with its sister company, Setton Pistachio of Terra Bella Inc. in the San Joaquin Valley plant as sources of the scare. According to the Los Angeles Times, nearly two dozen dead cockroaches, rodent droppings and one live cockroach on an ingredient rolling rack were found inside the Commack plant during a state department health inspection. The San Joaquin Valley plant then recalled 2million pounds of nuts over fears of possible salmonella contamination.

Sadly, food producers are not legally bound to meet the FDA’s recommendations for a well run plant. Most consumers don’t know that not mandatory for plants to release testing and reporting results . Consequently, consumers in California have every right to feel a little scared when it comes to food safety. The solution to this growing problem is for both public and consumer advocates to place pressure on food processors and food manufacturers and for government to beef up their food safety guidelines. Another solution would be for the FDA to emphasize to all food processors and manufacturers the fact that efforts, efforts that initially seem costly, such as purchasing or investing in equipment that helps their plants churn out safe products, can save them millions in the long run or prevent bankruptcy.

Requiring everyone along the production process to perform rigorous testing will also help make sure ingredients are safe, which ensures consumers are safe. And since during the production process food products can start in one state and end up in several different companies in different states for repackaging or for use as ingredients, and finding the source of an outbreak can be nearly impossible, it is important that all states set in place stringent food quality safety standards. A bit of good news regarding reform comes from California, where a bill by two Los Angeles Democrats, Assemblyman Mike Feuer and Assembly Speaker Karen Bass, would require food processors in the state to have plans in place to require periodic testing and to prevent contamination and to respond quickly if it occurred. It may seem glib to say, but, here at the Brod Law Firm, we believe now is the time for food safety reform not just in California but in the entire country– as it looks like we are all inextricably linked when it comes to our safety and the foods we eat.

Fewer Accidents on the Horizon for Bicyclists in San Francisco

March 26, 2009 | Gregory J. Brod

Early this week during a hearing at San Francisco City Hall, the Board of Supervisors Land Use Committee heard an update from city agencies regarding SF Bicycle projects, which could start in July– once a Supreme Court injunction that has banned bicycle improvement projects is lifted. In 2006, a Supreme Court judge had blocked the implementation of projects until City Hall put in place a study that analyzed how each of the projects would affect things like traffic flow and parking availability. The study was demanded by a small group of citizens who believe the city should not take space from MUNI and cars in favor of bicycles. Some of the proposed bicycle improvements, 56 in total, consist of adding more bike lanes, which would extend the 45miles of bike lanes to 79 miles, and bike parking, setting up a bike-sharing program, permitting two-wheelers on MUNI’s light rail, and retiming certain traffic signals to benefit cyclists.
Bicycle advocates of the San Francisco Bike Coalition (SFBC), look forward to seeing the projects move ahead quickly, and that all, not just some, of the 56 projects, part of their biggest and most important campaign, are approved and completed. Leah Shahum, the executive director of the SFBC, says: “It has been nearly three years since the city has striped a new bike lane, installed a new bike rack, put up new signage.” Because more and more people are turning to bikes as an alternative to cars, these improvements are needed more than ever. Here at the Brod Law Firm, we also look forward to seeing these new projects implemented, and we are glad to see the SFBC has made such enormous strides garnering support from the city. We support any project that would diminish the risks cyclists face and the numbers of bicycle accidents on San Francisco streets. Along with providing safer conditions for bicycles, we would like to think such improvements might also produce harmony in the streets between cars and bicyclists.

Dangerous Products – Manufacturers fight with all of their corporate power

March 19, 2009 | Gregory J. Brod

In October 2003, a Jeep was rear-ended by a tractor trailer in Virginia, causing the Jeep to roll over several times. A passenger in the Jeep suffered brain damage as a result of the crash, and a Virginia jury awarded her $10.2 million dollars. The trucking firm that was a defendant in the case argued that the woman’s brain injuries were due to a previous incident, not the crash involving the Jeep. Although the jury awarded $10.2 million dollars, the matter was appealed, and the Virginia Supreme Court upheld the jury verdict.

It is 2009, nearly six years after this tragic event, and the injured woman is only now receiving closure to her ordeal, at least as far as it relates to the judicial process. Corporate defendants often do not take any responsibility, whatsoever, for the injuries they cause. Despite a jury of her peers finding that she was entitled to an award of damages, the corporate defendants in the Virginia case fought for years, undoubtedly spending hundreds of thousands of dollars. The “tort-reform” lobby, which is primarily funded by the insurance industry, puts massive efforts and spares no expense into labeling many lawsuits as “frivolous”. However, the public rarely hears about cases involving a “frivolous defenses”. There are many instances in which a corporate defendant or insurance company vigorously defends a claim (which results in a lawsuit), even though there is no good faith basis to do so, or even if it makes no sense from a financial basis. In many cases, the corporate defendant or insurance company will spend far more in defending a claim than the total amount sought by an injured person. The reason is to “send a message” to injured people that should they pursue their rights, it will be costly, time consuming, difficult, and will be fought tooth and nail. It is therefore very important to ensure that when an injured person in selecting a lawyer to help them, that the lawyer be prepared to vigorously fight for their rights.

Get Ready to Sue, Californians!

March 6, 2009 | Gregory J. Brod

The other day I wrote about drugmakers putting profits before safety when they engage in off-label marketing and how drugmakers and their labeling strategies are coming under the scrutiny of the law. Interestingly, yesterday, the Supreme Court said state juries can award damages for harm done from unsafe drugs, even if their labels satisfied the FDA. This ruling is important because drugmakers can no longer protect themselves from lawsuits merely because their labels are in compliance with the FDA’s requirements. The underlying case, Wyeth Pharmaceuticals v. Levin, started in 2000 when Diana Levine went to a clinic to seek relief for a migraine and was injected with Wyeth’s drug Phenegran to help her with symptoms of nausea. Days later gangrene set in and her harm had to be amputated. She was awarded 6.7million in damages.

The fallout from this case? It is unknown how this decision will affect pharmaceutical companies, but it is likely that they will start strengthening and lengthening the language on labels. It was only until recently, under the Bush administration, that federal agencies were given the final word on drug product safety, and the FDA would claim that state law interfered with their business. This court ruling has turned the FDA’s fears upside down, along with our former administration’s effort to protect drugmakers from lawsuits. And now that these types personal injury claims are no longer pre-empted, more plaintiffs will feel less pressure to settle and be given the opportunity to be heard by a jury and receive compensation. Here at the Brod Law Firm we are prepared to take on product liability suits against drugmakers, now more than ever, due to the outcome of this case.