According to a recent report from the U.S. Surgeon General, there is no safe level of exposure to tobacco smoke. Even an occasional cigarette or breathing second-hand smoke can cause serious and immediate damage to your body, altering your DNA and increasing the risk of developing cancer. In fact, nearly one-third of all cancer deaths involve cigarette smoking. Exposure to cigarette smoke may cause cardiovascular disease and trigger a heart attack or stroke, because the smoke rapidly damages blood vessels throughout the body, making blood more likely to clot. Cigarette smoke contains over 7,000 different chemicals and compounds, hundreds of which are toxic: seventy are known to cause cancer. These chemicals found in tobacco smoke inflame the delicate lining of the lungs, reducing the ability of the lungs to efficiently exchange air, leading to chronic pulmonary lung disease, emphysema and chronic bronchitis.

Of course the longer a person smokes, the more damage is created by the toxic chemicals that can weaken the immune system and reduce your body’s ability to fight off cancers, including those  cancers that are not associated with smoking. If you are trying to become pregnant, women should avoid all exposure to tobacco smoke, as chemicals in the smoke interfere with how your fallopian tubes function, and increase the risk for miscarriage or low birth weight. Men should be aware that chemicals in tobacco smoke can damage the DNA in sperm and may reduce fertility or adversely affect fetal development. Diabetics should understand that tobacco smoke interferes with the regulation of blood sugar levels, putting them at higher risk for heart, lung, kidney and eye diseases and increased problems with circulation and nerve damage.

The report explores why cigarettes are addicting, and concludes that cigarettes are designed to addict. Cigarettes produced today deliver nicotine more rapidly to the heart, lungs and brain, making them more addictive than ever before. Nicotine is the leading ingredient that causes addition, but certainly not the only ingredient that promotes dependency and addiction. Cigarette manufacturers seek to “improve”  the design of their products by adding more powerful compounds to affect the nicotine receptors in the brain and thus sustain the additive effects of cigarettes. Adolescents are at greater risk for addiction to cigarettes as their bodies are more sensitive to nicotine. Smoking “light” or low-tar cigarettes did not significantly reduce the risk of smoker-related diseases. Rather, these versions of cigarettes may have interfered with campaigns that encourage people to stop smoking.

“It is never too late to quit” smoking tobacco products. The report states that the risk of developing smoker-related diseases begins to drop as soon as an individual quits. Fortunately, there are medications available, both over the counter and by prescription, to help a smoker to “kick the habit”. To learn more,copy and paste this link into your browser: http://www.cdc.gov/tobacco.

Given the millions of dogs in the United States, it is clear that we truly love our our pets. However, dog bites result in thousands of severe and permanent injuries each year, including disfigurement, scarring and even death. According to Michigan law, there are essentially no “free bites.” A dog owner cannot claim that she/he did not know that the dog was dangerous and would bite, except if the dog was provoked by an act, such as striking. Many Michigan municipalities have passed leash laws that require a dog to be leashed, and not allowed to run unrestrained. A personal injury claim can proceed on the basis of negligence, especially if the owner knew that the dog had previously bitten someone else.  As stated earlier, dog bites can result in death, as in the case of a Washington State man who died from a bacterial infection caused by bacterium in the dog’s saliva. The bacterium led to multiple organ failure, tissue necrosis and eventually, the man died a painful death. The family of the deceased man is suing the dog owner for wrongful death. This case highlights the need for dog owners to take full responsibility for their pets by taking precautions to protect others from injury or death. (9/9) Seattle Times

In late 2009, Toyota’s sudden acceleration problems became international headline news. But Toyota’s unintended acceleration problems have persisted for more than a decade. In fact, the National Highway Traffic Safety Administration (NHTSA) ordered Toyota to recall vehicles as early as 1986 because of speed control issues. Toyota’s current generation of problems began in 2002 when Toyota notified its dealers that some Camry models could experience engine surging, which required electronic calibration to repair the problem. In 2003, the Toyota Sienna was the subject of internal communications that dealt with an “unwanted acceleration” incident that occurred during testing. Toyota reported the incident to NHTSA five years later, thus establishing a pattern of deception that has continued to the present. The current cover-up at Toyota has caused the deaths of at least 56 people and hundreds more have been injured, as consumers were uninformed about the safety issues that have plagued Toyota.

Some safety experts claim that Toyota does not know how to fix the current sudden acceleration problem. Instead, the company has blamed drivers for pressing the accelerator instead of the brake. They also blamed floor mats for entrapping gas pedals, and then later claimed that gas pedals were sticking, not returning to idle position. Data shows that Toyota’s unwanted acceleration problems began in 2002 with the introduction of electronic throttle controls. Complaints of sudden acceleration rose by 500% after Toyota incorporated these systems into their vehicles.

Although the cause(s) of Toyota’s acceleration problems may never be fully disclosed, the solution is easy and inexpensive: install the “smart pedal.” The “smart pedal” has been used for over ten years by Chrysler, Nissan, BMW, Audi and Mercedes Benz and costs as little as $1.00 per vehicle. This technology works simply: if a driver inadvertently applies both the accelerator and brake simultaneously or if an electronic malfunction occurs which mimics this situation, the engine automatically shifts into idle, permitting the driver to slow and come to a stop. Toyota says it will begin using this technology in its 2011 models.

Unfortunately, Toyota has gone great lengths to avoid taking responsibility for its mistakes by attacking the research and tests of David Gilbert, an Automotive Technology Professor at Southern Illinois University. While Toyota claimed that their systems could not cause sudden acceleration, Gilbert’s tests showed the opposite: Toyota’s electronic systems could fail to prevent sudden acceleration in certain instances. Toyota told the United States Congress that they would work with Dr. Gilbert, but instead hired Exponent, a research firm, to refute the professor’s findings.

Toyota has refused to accept responsibility for its acceleration problems for years. Rather than addressing this significant safety issue by finding solutions, the company has focused on avoiding safety recalls. Toyota hired investigators away from NHSTA in an effort to stall or shut down NHTSA investigations. Internal documents at Toyota show that the company saved more than $100 million by avoiding a recall because of the sudden acceleration problem. Just one month after Toyota bragged about their cost savings “win”, a family was four of killed in their Lexus after it accelerated out of control.

While Toyota is working on a solution to its sudden acceleration problems, drivers of Toyota and Lexus vehicles should know what to do if they experience sudden acceleration.

Consumer Reports magazine reports that test drivers found the most effective strategy was to hit the brake pedal hard and hold it.

“Don’t start pumping or pounding on the brakes. That negates the vacuum assist and makes the brakes less effective. Toyota goes a step further. It advises stepping on the brake pedal with both feet, using firm and steady pressure.

After hitting the brakes, shift the transmission into neutral.

After disengaging the engine, pull safely off the road, turn off the car and park it.”

How can you be prepared?

Be sure you know how to get your car into neutral. This varies greatly by make and model and is not always intuitive. You want to know how to do this before you find yourself in an emergency situation.

People may be tempted to turn off the engine, but shifting into neutral is a better option. That’s because turning the engine off stops the power steering system and will make it harder to control the vehicle.

Still, if you can’t get it into neutral, don’t fool around. Shut the engine off.

But even this can be tricky if you are not prepared.

Toyota said if its vehicle is equipped with an “engine start/stop” button, you need to push the button firmly and steadily for at least three seconds to turn off the engine. Do not tap the start/stop button.

Other car makers, however, use different on-and-off systems, so be sure you know how your vehicle works.

Sources: The Safety Report, Consumer Reports

An estimated 80,000 people are infected each year in American hospitals with catheter-related bloodstream infections: 30,000 die from these infections. According to a recent survey of medical professionals, most of these infections are preventable. However,  infections continue to plague hospitals because hospital administrators do not understand the significance of the problem and have not committed adequate resources and attention to implement basic procedures to reduce the infection rate. Basic procedures include hand washing, cleaning a patient’s skin with an effective antiseptic, using sterile drapes, clothing, masks, gowns, gloves and dressings. (7/13) Washington Post

This week Skilled Healthcare Group, Inc. was ordered to pay more than $670 million in damages for violating the California health and safety code which requires nursing homes to provide at least 3.2 nursing hours per patient each day. Staff deficiencies put patients at risk because they do not receive proper and timely care, medication or hygiene. More money damages against Skilled Healthcare are possible as the jury will meet next week to determine if the company should pay punitive damages. Skilled Healthcare says it will appeal. (6/8) LA Times

The Law Offices of Henry Hanflik  have been contacted by multiple families who are coming forward accusing  Gracelawn Cemetery of Flint for incompetence and mismanagement of  their family members gravesites. Families are tormented because they do not know where the remains of their loved ones are buried.  Cemetery officials are scrambling for an explanation for the failure to account for the remains. If you or a family member have experienced this situation at Gracelawn Cemetery contact our office at hanflik@tir.com or call 810-720-4000.  (6/18) Mlive.com

Findings in a new federal study published in the Journal of the American Medical Association would suggest that surgery centers may not be as safe as hospital operating rooms. The study found that patients who have procedures, such as colonoscopies, foot surgeries and plastic surgeries, at same-day surgery centers are at higher risk for getting infections. The majority of clinics involved in the study violated the basic fundamentals of infection control, such as washing hands, wearing gloves and reusing devices meant for a single use. Lax infection control practices may pervade the nation’s outpatient surgery centers. (6/8) NY Times

According to the U.S. Department of Labor, every year tens of thousands of Americans die  from workplace diseases, and more than 4.6 million workers are seriously injured on the job. OSHA has beefed up penalties and enforcement aimed at recalcitrant employers who underfund safety programs to reduce their costs, thus putting workers at greater risk for injury or death in the workplace.  (4/22) U.S. Dept. of Labor

A Texas jury has ordered a college student to pay over $21 million in damages after finding him grossly negligent for texting while driving and causing a fatal crash. The unanimous verdict is one of the largest to be obtained in a texting-while-driving case.

“This verdict sends a message loud and clear that the people of Texas will not tolerate this conduct,” said the lawyer in Houston who represented the plaintiffs. He added that the family of the victim hopes to use the verdict and publicity about the case to urge the state legislature to make texting while driving illegal in Texas.

In 2007, Jason Reed Vestal was driving his pickup truck down Highway 6 near Calvert, Texas, when he crossed the center-line and hit an oncoming car head-on. The crash killed the other driver, 21-year-old Megan Small, a student at Baylor University. It also injured Small’s friend Laura Gleffe, who was driving behind her and was run off the road by Vestal’s truck. The Small family turned to civil court after Vestal managed to evade all criminal charges.

A grand jury “no-billed” Vestal and the attorney general did not conduct an investigation into the cause of the crash. Vestal wasn’t drunk at the time, he wasn’t tired, and no witness reported seeing any obstruction in the road that would have made him swerve. So what caused the accident?”

The lawyer for the Small family said he became suspicious when he deposed Vestal, who insisted that he did not have his phone with him when he was driving. But subpoenaed phone records showed that Vestal had made 7 phone calls and sent 15 text messages during the 45 minutes he was on the road. Some of the messages were sent and received moments before the crash.

The Small’s attorney pointed out that Highway 6 is a notoriously busy and dangerous road even at the best of times. “It’s a very treacherous stretch, where there is not much margin of error,” he said. “So it was especially dangerous to be that distracted while driving there.”

Vestal, who is a graduate student at Texas A&M, declared bankruptcy at the start of the trial, thus the verdict was largely symbolic. The Small family announced that it would share any compensation they collect with Laura Gleffe.

“They will get some money from the insurance company,” said the Small’s attorney. “But of course it isn’t about the money. It never was. It’s about sending a message, and memorializing Megan.” (4/15) Excerpted from Trial Magazine

Each year millions of people vacation aboard cruise ships, some carrying thousands of passengers and crew members. These ships are small, floating cities that offer many options for food and entertainment. However, just as in life ashore, passengers can be exposed to dangerous situations involving food-borne illnesses, crimes such as rape or assault, negligence and medical errors. In addition, cruise ship operators have the obligation to protect all passengers from injuries and death, i.e. burns or slip and fall accidents, stemming from maintenance deficiencies on board the ship.

Before you book a cruise, take time to do some research about the sanitation scores of  cruise ships. You will find information on this topic and learn tips about how to stay healthy and safe while you enjoy your cruise vacation. http://www.cdc.gov/nceh/vsp/

If you become ill or are injured while aboard a cruise ship or land excursion, know that cruise ship operators must provide you with a “reasonable standard of care”, care that is comparable to what another patient would receive in a similar medical situation. To learn more about the standards for medical care, staff and facilities, visit: http://www2.cruising.org/industry/medical_facilities.cfm

Although, cruise ships have the duty to protect the physical safety of each passenger, they may fail to do so. This places passengers at risk for becoming victims of crime. The FBI has released some crime statistics for cruise ships: http://www.fbi.gov/congress/congress07/hernandez032707.htm

Cruise ship passengers who are victims of injuries, crime or medical error may sue to recover damages, including loss of wages, pain and suffering and medical expenses. Family members may sue the cruise ship line for the wrongful death of their loved one who died while aboard ship.