ARTICLES

6/25/2014· Product Liability

FDA Warns Against DMAA: Supplement Makers Agree to Remove DMAA

By: Dr. Gerald M. Goldhaber

In the November, 2012 issue of this newsletter, I wrote that the FDA was investigating reports of deaths due to the intake of energy drinks and was determining if energy drinks were safe. Earlier this month, the FDA issued a harsh warning against energy drinks and supplements containing the stimulant dimethylamylamine (DMAA), telling consumers to stay away from it while adding that the agency was "using all available tools at its disposal" to ensure that it is no longer sold. This is a formidable task because we as a nation spend more than $12.5 billion a year on energy drinks, shots and drink mixes. Although seven other countries, including Canada, had previously banned supplements containing DMAA, these products had remained widely available at supplement stores in the United States, including GNC.

6/24/2014· Expert Witnessing

How a Medical Device Expert Witness Can Assist In a Case

By: Karl R. Leinsing

Experienced Medical Device Experts can assist with a case in many different ways. First, they have industry knowledge of the medical device industry and can assist with prior art in patent litigation cases for example. They understand the technology and how claim terms are understood for one skilled in the art of medical device design, testing, and manufacturing. This firsthand information can then assist with proper claim construction and infringement analysis. Experience with medical devices product development can also assist in determining what is obvious in the field and what is not as it pertains to patent validation.

6/13/2014· Transportation

Schoolbuses, Transit and Crossing Orientation

By: Ned Einstein

In rural areas, children spaced far apart were once transported to school by horse and wagon. After the first day of school, the horses learned the routes and simply repeated them day after day, eliminating the need for drivers. The vehicles were cheap, and the engines ran effectively on oats. As our nation changed, pupil transportation's development reflected our increasing urbanization and, later, suburbanization. These developments included a new phenomenon known as traffic. As a safety matter, the need for pupil transportation grew to reflect a child's inability to cross streets or negotiate intersections, as verified by studies like the 1968 Swedish study "Children in Traffic." In simple terms, children below age 13, and particularly below age 10, do not possess the physical, mental and emotional skills necessary to cross streets and intersections.

6/12/2014· Elevators - Escalator - Automatic Doors

Manual Door Closers - Do You Have an Open and Shut Case?

By: Michael Panish

During the past several years I have been contacted many times regarding door injury claims related to manual door closers. In response to numerous inquires asking if I have published any manual door closer articles similar to the primers I have done on automatic pedestrian doors, I am offering this article for general information to assist attorneys in determining potential issues relating to manual door closer mechanisms.

6/12/2014· Food & Beverage

Outbreaks Where Food Workers Have Been Implicated in the Spread of Foodborne Disease. Part 8. Gloves as Barriers To Prevent Contamination of Food by Workers

By: Dr. Ewen Todd

The role played by food workers and other individuals in the contamination of food has been identified as an important contributing factor leading to foodborne outbreaks. To prevent direct bare hand contact with food and food surfaces, many jurisdictions have made glove use compulsory for food production and preparation. When properly used, gloves can substantially reduce opportunities for food contamination. However, gloves have limitations and may become a source of contamination if they are punctured or improperly used. Experiments conducted in clinical and dental settings have revealed pinhole leaks in gloves.

6/10/2014· OSHA

Machine Guarding-Employer or Manufacturer Responsibility?

By: John Ryan, BSME, PE

OSHA was created through the Occupational Safety and Health Act of 1970. OSHA's mission is to ensure worker safety by creating and enforcing safety and health standards. OSHA does many good things to help maintain a safe workplace, but manufacturers often try to hide behind the shield of OSHA, putting blame on an employer for unsafe machinery or working conditions, when often the machinery was never safe to begin with. Some standards promote safety and some standards protect the manufacturer from product liability law suits. Most industrial standards are voluntary, unless they are specifically referenced in a Code of Federal Regulations / OSHA standard. OSHA standards are Federally mandated and are enforced by the Federal government.

6/9/2014· Corrosion

Cost of Corrosion in the United States

By: Gerald Davis

Most realize that damage due to corrosion of metals is costly - but what specifically is that cost and what is included in the total? A study completed in 2002 sponsored by the Federal Highway Administration (FHWA), the National Association of Corrosion Engineers (NACE International) and implemented by CC Technologies Laboratories (now part of DVN) addressed those questions.

6/6/2014· Psychology

Forensic Psychology: Emotional Damages and Traumatic Injuries in Children and Teens

By: Dr. Jane K. McNaught

Forensic Psychologists can assist both Plaintiff and Defense lawyers in their assessment of the emotional damages related to traumatic injuries with adults as well as children. PTSD in children and teens is caused by events that have caused them or someone else to be killed or badly injured. Not all children develop PTSD after a traumatic injury. 3-15% of girls and 1-6% of boys develop PTSD in response to a traumatic experience. Rates of PTSD are higher for certain types of trauma survivors. Nearly 100% get PTSD if they see a parent being killed or if they see a sexual assault. 90% of sexually abused children develop PTSD; 77% of children who see a school shooting develop PTSD; and 35% of children who see violence in the area they live, develop PTSD (National Center for PTSD in Children and Teens).

5/29/2014· Plants & Trees

Preservation of the Baranoff Oak Tree

By: Joe Samnik

About one century before Davy Crockett entered the Alamo another fight for life was taking place in Safety Harbor, Florida. Amid a forest of oaks and vegetation a single acorn miraculously sent out a fibrous root which drove into the ground and somehow became established. Against all odds this root developed into a small tree and 300 years later it became the fabled Baranoff Oak. For over 300 years it has withstood the vicissitudes and inclemencies of weather. Hurricanes, lightning, and fires could not and did not kill this magnificent specimen. Now it is fighting for its life - and losing.

5/27/2014· Dental - Dentistry

Dental Malpractice: Nerve Injuries

By: Dr. Lee (Mac) Whitesides

Injuries to the inferior alveolar and lingual nerve continued to be a significant source of litigation for the dental professional. Approximately 10% of cases of dental malpractice are a result of nerve injury. Perhaps the genesis of the high number of lawsuits proportional to the overall number of surgeries lies in the sequelae of a nerve injury. The sequelae can range from relatively minor annoying numbness to intractable pain and the anesthesia to the area of the nerve supply.