You Should Know: People Who Make a Difference

People Who Make a Difference

The 2015 Justice Served Awards honor each of these nominees for their commitment to a safer, more just America. Tell us which story moves you the most (see our nominating criteria below), and we’ll enter you into a drawing for a free subscription to Consumer Reports.

Doctor Calls for Drug Testing of Health Care Workers

Dr. Stephen Loyd helps other doctors overcome addiction.

Dr. Stephen Loyd knows a thing or two about drug addiction among physicians and other health care workers. The prominent Tennessee doctor of internal medicine started taking narcotic painkillers to relieve stress during his residency. By 2004, he was knocking back nearly 100 pain pills a day. “I worked impaired every day. Looking back, I shudder to think what could have happened,” he says. Turns out Loyd is not alone. A recent investigation by USA Today found that more than 100,000 health care workers abuse prescription drugs and alcohol, many while on the job.

Loyd broke out of his addiction and today is leading a national effort as an Advocate for Action with the White House Office of National Drug Control Policy to prevent prescription drug abuse among other doctors and health care workers, including implementation of mandatory drug testing. “We have failed at policing ourselves,” said Loyd in this interview.

Spinal Cord Injury Launches “Amy’s Army”

When she took up swimming at the age of 12, Amy Van Dyken’s asthma made it difficult for her to swim the length of the pool. Undaunted by those who said she would never swim competitively, she went to Atlanta in 1996 and became the first American woman to win four gold medals in one Olympics. Four years later, she added two more gold medals at the 2000 Olympics. After retiring from the pool, Van Dyken and her husband, Tom Rouen, a former punter in the NFL, built successful careers in sports and real estate.

Inspirational Olympic gold medalist Amy Van Dyken-Rouen after spinal cord injury.

Fast forward to June 2014 when Van Dyken-Rouen was thrown from the ATV she was riding near her vacation home in Show Low, Arizona. The crash dislocated her T11 vertebra in the middle of her back, paralyzing her from the waist down. But once again Van Dyken-Rouen would overcome the doubters in her life and mount an amazing recovery with the support of family, friends and fans who call themselves Amy’s Army. Just six months later, Van Dyken-Rouen launched the Amy Van Dyken Foundation and now uses her star power and Olympic determination to help raise money and awareness for people with spinal cord injuries who cannot afford badly needed medical equipment.

Researcher Uncovers Shocking Statistics on Medical Mistakes

Our next nominee quietly wielded the power of the pen to send shock waves rumbling through the medical establishment. The Institute of Medicine (IOM) published the report To Err is Human in 1999, estimating that up to 98,000 Americans die each year as a result of preventable harm in hospitals. As shocking as the IOM data were, Dr. John T. James, using recently published data and a more complete definition of preventable harm to include errors of omission and hospital-acquired infections, estimated in a recent study that 210,000 to 400,000 patients die from medical errors annually. That puts medical errors as the third leading cause of death in the United States after heart disease and cancer.

Sadly, the tragedy of medical mistakes would also visit Dr. James. In the late summer of 2002, James’ son John Alexander James, 19, “died as a result of uninformed, careless and unethical care by cardiologists at a hospital in central Texas,” according to his father. As the founder of Patient Safety America, James is dedicated to providing information to those who are concerned about the quality of health care in America.

Father Warns Others About Kids and Hot Cars

Reggie McKinnon always wondered how a “good parent” could forget their child in a hot car. But then the unthinkable happened. On the way to daycare, McKinnon’s 17-month-old daughter Payton Lynn slept so quietly that he forgot she was even in the back seat. There he found the lifeless body of his baby girl when he returned to his car after work, still in the car seat he strapped her into that morning.

Since that horrible day, McKinnon has dedicated himself to sharing his story with community groups, the news media or anyone else who will listen. He has also partnered with Safe Kids and several other organizations to promote a public service campaign called: Where’s Baby? Look Before You Lock. “My promise to Payton was to try and educate people,” McKinnon says. “I want people to understand that it can, does and continues to happen to good parents.”

Justice Served Awards Nominating Criteria

The Justice Served Awards celebrate the stories of injured people and their families who decide to make a difference in protecting the health, safety and legal rights of others. Once a year, we ask our readers to read these remarkable stories and tell us which one touches them most and why. Winners are chosen based on their efforts to:

• Uncover negligence or other irresponsible behavior by organizations that put their interests ahead of the public interest;
• Prompt government action by shedding new light on defective products, services or other practices;
• Trigger manufacturing and quality assurance practices that lead to safer products and services; and
• Increase public awareness that helps prevent additional injuries and protects an individual’s right to civil justice in a court of law.

 This article appeared in our August 2015 "You Should Know" e-newsletter. 

You Should Know: Roads a Deadly Hazard for ATVers

The highest percentage of fatal ATV accidents occurs on roadways. (See infographic.)

All-terrain vehicles (ATVs) are made for off-road use. They don’t have on-road tires, lighting or turn signal equipment needed for highway use. Plus, they have a high center of gravity and a narrow wheelbase that prevent them from being easily controlled on paved roads. So why are large numbers of people driving them on public roads?

Despite warnings that driving ATVs on roadways is risky, this dangerous riding practice is still allowed by a number of states. According to a report by the Consumer Federation of America [download report], 35 states (or 69 percent) allow ATVs on designated roads, limited stretches of roads or on the shoulder of roads. Because ATVs are not manufactured for on-road use, they do not qualify as “motor vehicles” and are not regulated by the U.S. Department of Transportation. That means states have the authority to allow ATVs on public roads.

The latest data from the Consumer Product Safety Commission (CPSC) found 13,043 ATV-related fatalities occurring between 1982 and 2013, 3,023 of those to children younger than 16. An average of 700 people die and another 100,000 are seriously injured each year while riding ATVs [download report]. According to a 2013 report from the Insurance Institute of Highway Safety, two-thirds of fatal ATV crashes occur on public or private roads.

How Young Is Too Young?

State laws governing the legal age of an ATV driver vary. The CPSC, industry representatives and many consumer advocates recommend that children ages 12 through 15 not ride ATVs with engines larger than 90cc. The American Academy of Pediatrics recommends that no child under age 16 ride an ATV of any size. According to information provided by the Mayo Clinic, children account for about one-third of ATV-related emergency department visits and one-quarter of ATV-related deaths. For the first time, more children are likely to require hospitalization or die in ATV mishaps than in bicycle accidents.

“An ATV is basically a chassis with four wheels and a high center of gravity, so it’s inherently unstable. And the driver’s body movement is an integral part of the handling,” says Todd M. Emanuel, R.N., injury prevention coordinator for Mayo Clinic’s emergency services in Rochester, Minn. “Most kids don’t have the size, physical strength and balance to control these vehicles, especially adult-sized ones. It’s just too much machine for small bodies.” And carrying passengers, which is illegal in some states, makes ATVs even more likely to tip or roll over.

Off-Road Rules for a Safe ATV Driving Experience

Monitor young riders carefully. Download the golden rules for driving or riding an ATV.

ATVs can be a fun way to spend time in the great outdoors, but they can be just as dangerous as cars, motorcycles, trucks or sport utility vehicles, reinforcing the need for safe operating procedures. Follow these safety tips from the ATV Safety Institute when riding or driving:

1. Never ride on paved roads except to cross when done safely and permitted by law. ATVs are designed to be operated off highways and public roads.
2. Always wear a DOT-compliant helmet, goggles, long sleeves, long pants, over-the-ankle boots and gloves.
3. Never ride under the influence of alcohol or drugs.
4. Never carry a passenger on a single-rider ATV, and carry no more than one passenger on an ATV specifically designed for two people.
5. Ride an ATV that is rated for your age.
6. ATVs are not toys; supervise riders younger than 16.
7. Ride only on designated trails and at a safe speed.
8. Consider taking a hands-on ATV RiderCourse at ATVsafety.org.

This article appeared in our July 2015 "You Should Know" e-newsletter. 

You Should Know: Put the Squeeze on Lemons

A lemon most commonly refers to new cars with a substantial defect that is not fixable even after a reasonable number of repair attempts. Every state in the country has its own lemon laws that protect consumers from lemons. Federal law also provides additional protection by detailing guidelines for coverage by the manufacturer’s warranty. The BIG catch, however, is that the burden of proof is on the owner of the lemon to prove that the car qualifies for replacement or a refund.

How to Make Lemonade from a Lemon

Most lemon laws state that buyers are entitled to a remedy if their cars are out of service for an extended number of days due to failure or serviced over extended periods for the same problem. These laws vary by state and by the nature of the repairs covered. Some problems are obvious, like the car not starting, power loss or transmission failure, while others fall into a gray area, such as wind noise, fluid leaks and excessive tire wear. Because of this, remedies can vary greatly in lemon law cases, from full car replacement or repurchase by the manufacturer to small monetary awards to compensate for a minor issue that does not affect driver safety.

Here are the steps you should take if you think you might be the proud owner of a brand new, bright yellow lemon:

1. Learn the lemon laws and how a lemon is defined in your state, what is covered and how much time you have to file a complaint. You may only have one year or less after delivery of your new vehicle to take action.
2. Collect all records on your car, including purchase contracts, service orders and invoices
   together with all warranties and the owner’s manual.
3. Take notes on all conversations with the dealer and service technicians, recording any comments along with the time and date of all attempted repairs.
4. Ask the dealer for a copy of all manufacturer’s technical service bulletins on your car.
5. Track how long and how often your vehicle is in for repairs with dates, times in and times out.
6. Call a lawyer that specializes in lemon law to help you understand your options and evaluate your case. Normally the call is free, and all legal fees will be paid for by the manufacturer if you win your claim.

For more detailed information, check out the lemon law page at NOLO.

How to Avoid a Sour Car-Buying Experience

Caveat emptor – let the buyer beware – is really your best defense in avoiding the dreaded lemon. In other words, do your homework before buying a car:

• Several organizations rate cars on reliability, including Consumer Reports, J.D. Power, Edmunds, The Center for Auto Safety and the Car Complaint Index as published in the The Car Book, just to name a few.
   
• Look up complaints on the car, van or truck you are considering. Start at Safecar.gov and search its national database on recalls, complaints and investigations. Also check for complaints at The Center for Auto Safety. And don’t forget Google and social media: Ask others in your network if they know anything about the cars you are considering.
   
• Go with a reputable dealer that is authorized to sell cars by the manufacturer.
   
• Test drive all of your options and be hyperalert for noises or poor handling. If something doesn’t feel right, trust your instincts.
   
• Learn your state’s lemon laws so you know what to do if something goes wrong.

And finally, once you have purchased a car, be sure to file away all the maintenance reports and receipts in a safe place (not in the car) just in case you need the documentation later. Learn more here from WikiHow, including tips on buying a dependable used car.

This article appeared in our June 2015 "You Should Know" e-newsletter.

You Should Know: Dog Bite Claims on the Rise

Children Are Most Often the Victims

Dogs, we love them! They are many times our closest companions and considered one of the family. But any dog can be territorial and unpredictable when it feels threatened or when defending puppies, owners or food. “Our dog has never bitten anyone before” is a common refrain to those who respond to dog bite situations.

The numbers tell the story. More than 4.5 million people are bitten each year in the United States, one in five requiring medical attention, according to the American Veterinary Medical Association (AVMA). Half of the victims are children and are far more likely to be injured. The Insurance Information Institute also reports that the number of dog bite claims is on the rise, accounting for more than one-third of all homeowners insurance claims paid in 2013, or $483.7 million nationwide.

How to Avoid a Dog Bite

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First of all, assume any dog can bite, not just breeds that are often thought to be more aggressive. Always be cautious around strange dogs, respecting their space especially when sleeping, eating or chewing on a toy. Other important tips:

• Never leave a baby or small child alone with a dog. Teach children to be cautious around pets and to ask first before approaching a dog.
• Pay attention to a dog’s body language, looking for cues that it might be uncomfortable like a tensed body, stiff tail, pulled-back head or ears, yawning and intense staring.
• If it looks like a dog might attack, resist the impulse to scream or run away. Stay motionless with your hands at your side. Once the dog loses interest, slowly back away.
• If the dog does attack, “feed” him your jacket, hat, purse or anything else you can put between you and the dog. If you fall, curl into a ball and lay as still as possible with your hands over your head and neck.
• After a dog bite, immediately wash the wound with soap and warm water. Seek medical attention as soon as possible and then report the dog bite to your local animal control agency.

Be a Responsible Dog Owner

There is a lot you can do as an owner to ensure that your dog doesn’t bite anyone. Not only is it the right thing to do, but it is also your obligation under state and local law. Start by consulting a veterinarian on suitable dogs for your household. Then consider these tips:

• Because so many dog bites happen to young children, you might want to wait until your children are 4 years old or older before bringing home a dog.
• Socialize your pet as a puppy so it feels at ease around people and other animals.
• Train your dog on basic commands like “sit,” “stay,” “no” and “come” to build a bond of obedience and trust. It is also important to exercise and spend time with your dog as dogs left alone too much can develop behavioral problems.
• Keep your dog healthy and feeling well with all required vaccinations. Neutering your pet can also lessen aggression.
• Follow the rules by licensing your dog and obeying leash laws.

For more information, download this brochure from the AVMA. And check out the Blue Dog Parent Guide for tips on how to help children safely interact with dogs.

Your Legal Rights

Laws governing dog bites vary by state or local jurisdiction, but in most cases the dog owner is liable for injuries caused by his or her dog. A smaller number of states require the victim to prove that the dog was vicious or that the owner caused the attack by violating animal control laws. Damages are typically covered by the dog owner’s homeowners or renters insurance policies. Your best bet if you or someone close to you has been bitten by a dog is to discuss all of your options with a lawyer.

This article appeared in our May 2015 "You Should Know" e-newsletter.

You Should Know: Fast-Track Approval of Medical Devices Called into Question

Arthroplasty, the reconstruction or replacement of a joint, as shown here in this hip x-ray, is big business for aging baby boomers.

The United States is the largest medical device market in the world with sales expected to reach $133 billion by 2016. In most cases, medical devices save and improve lives. Unfortunately, not all devices undergo the same rigorous review process before hitting the market.

A number of new medical devices can and do bypass scrutiny by the U.S. Food and Drug Administration (FDA) through a fast-track approval process called the 510(k) program. If a manufacturer can prove that its product is “substantially equivalent” to an existing product, it can avoid stringent premarket testing. While the 510(k) clearing process provides patients with quick access to new products, there is an unsettling consequence: Medical devices can be implanted in patients without requiring manufacturers to prove safety and effectiveness. And in fact, a recent study published in JAMA Internal Medicine found that only eight of the 50 new devices cleared through the program from 2008 to 2012 included required scientific data.

Defective Medical Devices Raise Concerns

Here are just a few examples of more notable defective medical devices that have caused injury to patients:

Knee and Hip Replacements – Clinical evidence continues to show that the design of some knee and hip replacement implants is seriously flawed. Adverse results include failing to properly bond to the thigh bone, improper placement or loosening after surgery. Bone fractures can occur as well as dislocation of the joint. Symptoms patients may feel range from general pain to swelling to an inability to walk. In 2013, The New York Timesreported that Johnson & Johnson knew an all-metal hip implant would fail within five years in nearly 40 percent of patients who had the surgery. 

Transvaginal Mesh Complications – Surgical mesh, composed of synthetic materials, is permanently implanted in patients to repair weak or damaged tissue. But in certain procedures it can cause life-changing health complications, including mesh erosion when the device migrates from its point of placement and cuts through the soft tissues of the vagina or pelvic organs. In addition, patients have experienced pain, bleeding and urinary complications, which the product was designed to fix in the first place.

Defibrillator Leads – Defibrillator leads are implantable wires that connect the defibrillator to the heart. In the event of a heart attack, defibrillators automatically administer corrective shocks. Over the past decade, there have been several high-profile examples of defibrillators malfunctioning, causing the device to fire unexpectedly or fail to fire at all when a patient’s life is at risk.

Protect Yourself with These Tips

These tips from Consumer Reports can help protect you or loved ones from the risk of defective medical devices:

1. Consider the alternatives: If your doctor suggests an implant, simply ask what will happen if you don’t get it. Sometimes patients aren’t adequately informed about the alternatives. For example, women who received transvaginal mesh for prolapse repair may not have needed surgery. But people ill enough to require an implantable defibrillator for their heart may not have a choice.
    
2. Research the device: The Food and Drug Administration’s website, FDA.gov, contains information on device safety warnings, complaints and recalls, which are all accessible by searching the name of the device. Also look for patient forums and other information about the device by searching online.
    
3. Write down the details: Ask for the brand name, model and serial number (if applicable) of your device so that if you learn of a warning or safety recall, you’ll know whether yours is one of the problem models.
    
4. Don’t panic: If you learn there are problems with your device, don’t assume that it has to be removed. Contact your doctor and learn to recognize possible negative side effects in your case.

This article appeared in our April 2015 "You Should Know" e-newsletter.