You Should Know: Top Safety and Justice Stories of 2016

Are you making all those lists and checking them twice? Gifts? Holiday cards? Party invitations? New Year’s resolutions? Well, here’s one more for you courtesy of the American civil justice system: safer products and services.

This past year we’ve been following several stories of dangerous products or unfair practices that threaten the health, safety and legal rights of all Americans. Think exploding batteries, lead-laced drinking water, forced arbitration or faulty medical devices, for example. 

But thanks to the courage of citizens like you and the power of the civil justice system, we are holding accountable many of those who put profit over public well-being. And that’s a list we can all be proud of, as these stories so richly illustrate.

1. Faulty Medical Devices: Recalls Double

According the the FDA, medical device recalls doubled from 2003 to 2012, and new data shows that the numbers keep climbing. While the FDA approves medical devices before release, they do not do any testing and instead rely on the manufacturers to provide accurate and comprehensive testing data.

Two St. Jude Medical defibrillators recalled due to battery defects.

Two examples of faulty medical devices now on the market include the Essure birth control coil and the St. Jude defibrillator. The FDA has received over 10,000 complaints from women suffering painful side effects due to the Essure birth control device. Countless lawsuits against Essure’s manufacturer, Bayer, have sprung up across the country. Rep. Mike Fitzpatrick (R-PA) has since introduced a bill to pull Essure off the market. Meanwhile, more than 400,000 defibrillation devices made by St. Jude Medical were the subject of a recent recall due to a faulty battery. To learn more about medical device recalls, click here.

2. Forced Arbitration: Sign a Contract, Lose Your Rights

There’s always a holiday gift year that’s a dud. Maybe you’ve received an ugly sweater three times too big or a candle that smells so terrible it gives you a headache. Unfortunately, many corporations are now giving you those ugly sweaters (and forcing you to wear them), hiding “forced arbitration” clauses in consumer and employment contracts.

This loophole prohibits Americans from taking companies to court and instead forces them into secretive arbitrations, which are typically stacked in favor of the company. An investigation by The New York Times has focused renewed scrutiny on the harm caused by forced arbitrations in claims of medical malpractice, sexual harassment, hate crimes, discrimination, theft, fraud, elder abuse and wrongful death. You can join others in petitioning Congress to ban forced arbitration right here.

3. Flint, Michigan: Lead in Water Sickens Thousands

Lead found in the Flint water supply has poisoned thousands, including 27,000 children.

Residents of Flint, Michigan, were exposed to dangerous levels of lead in their drinking water ever since a decision was made to switch the source of the city water supply from Lake Huron to the Flint River.

Dr. Mona Hanna-Attisha, a young pediatrician known affectionately in Flint as Dr. Mona, discovered the problem when she noted an increase in the symptoms of lead poisoning in her young patients. Knowing that it was her moral and ethical duty to share her discovery with the public as soon as possible, Dr. Mona held a press conference. Michigan officials and lawmakers denounced her findings at first, only to relent when Dr. Mona wouldn’t back down. Dr. Mona continues to lead the recovery efforts.

4. Concussions and Brain Disease: NFL Settles Lawsuit

If you’re a movie fan, you probably saw the film Concussion, starring Will Smith. This movie is based on the true story of Dr. Bennet Omalu and his discovery of chronic traumatic encephalopathy in NFL players. CTE is a disease of the brain tissue and is caused by repetitive brain trauma. CTE is associated with dementia, aggression, memory loss and depression.

Subsequent research has prompted athletic organizations to make concussion prevention and recovery a priority. This includes many “When in Doubt, Sit Them Out” laws, which mandate that any youth athlete suspected of suffering a concussion be cleared by a medical professional before returning to practice or competition. Earlier this year an appeals court upheld a settlement by the NFL with former players, setting aside almost $1 billion for medical care due to repeated head trauma. Since this lawsuit, head injuries have decreased for NFL athletes.

5. Asbestos: Still a Widespread Hazard

Asbestos may seem like a thing of the past, but any building built in the United States before 1981 is presumed to contain asbestos. And in fact, asbestos-related diseases still kill about 15,000 Americans a year. Even though asbestos is known to be extremely dangerous, the substance has not been banned in the United States. President Obama recently signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, a bipartisan bill that strengthens ways to regulate and restrict chemical substances. Because of this bill, the EPA can officially work to ban asbestos in the U.S. 

6. Exploding Devices: Faulty Lithium-Ion Batteries

Over 1 million Samsung Galaxy Note 7 phones have been recalled due to defective and explosive batteries.

From e-cigarettes to hoverboards to smartphones, reports continue of everyday devices posing an unsafe explosion hazard. The culprit is lithium-ion batteries, which include unstable and flammable liquids. When improperly made devices include these batteries, the liquid can overheat and burst through the battery, igniting the device itself. These explosions have caused burns as well as property damage from subsequent fires. The Consumer Product Safety Commission (CPSC) recently issued a recall of all 1 million Samsung Galaxy Note 7 phones, including replacement models thought to fix the problem. 

7. Prescription Drug Addiction: A National Epidemic

Prescription opiate deaths have quadrupled since 1999, killing an estimated 165,000 Americans. During the same time period, profits recorded by the drug companies that manufacture prescription painkillers have also skyrocketed. Meanwhile, a coalition of opioid manufacturers and their lobbyists have fought legislative measures introduced to stem the tide of overdose deaths.

8. Dangerous Toys: Still on Store Shelves

Nearly 260,000 kids visit emergency rooms each year for toy-related injuries, according to the CPSC. And sadly, 11 children under the age of 15 died while playing with toys in 2015. [Download report] The most common injuries include poisoning, choking, ingesting magnets or falling from riding toys. While regulators, safety advocates and the parents of injured children have succeeded in ridding store shelves of many unsafe toys, too many still get through. Learn more.

This article appeared in our December 2016 "You Should Know" e-newsletter.

NC Legislature Wants to Pack the Supreme Court

Dear Friends:

For more than 100 years, North Carolina citizens have exercised their right under our constitution to elect justices to the state Supreme Court. On November 8, voters elected Judge Mike Morgan to the Court by a 54-46 margin – a difference of nearly 350,000 votes.

Last Friday Governor McCrory announced a special legislative session beginning on December 13. Although the stated purpose is to help victims of Hurricane Matthew and the wildfires in western North Carolina, it has been widely reported that legislative leaders intend to use the special session to pack the Supreme Court. Seeking to insulate its laws from impartial judicial review, the legislature would add two seats to the Court, to be filled by Governor McCrory in his final days in office.

Under Article IV, Section 6(1) of the North Carolina Constitution, the General Assembly may increase the number of justices from seven to nine. The sole purpose of that constitutional provision, adopted in 1962, was to provide for additional justices if the workload of the Court became too onerous.
 
In the past, the legislature has only added seats to the appellate courts when the workload demanded it. The workload of the current Court cannot justify its expansion. In 2015 and 2016, Supreme Court justices have written an average of six opinions per justice per year. By contrast, each judge on the Court of Appeals writes more than 100 opinions per year. And in the 1950s, when Article IV, Section 6(1) was proposed, each Supreme Court justice averaged writing 50 opinions per year.

We strongly support Chief Justice Martin’s call for additional funding for our judicial system, but oppose using those scarce funds to add unnecessary positions to the Supreme Court. If hundreds of thousands of additional budget dollars are available, they should go to overburdened trial courts, family courts, prosecutors and victim-witness assistants, indigent defense lawyers, clerks, probation officers, and technology improvements.
 
Expansion of the Court should occur only after a joint request by the Chief Justice and the Administrative Office of the Courts based on solid empirical data, followed by committee hearings and debate, not rushed through a special session that was convened to help victims of natural disasters.

If the General Assembly packs the Court, it will seize control of the judiciary, undermining the system of checks and balances that is essential to our democracy. The citizens of North Carolina deserve a Supreme Court that will exercise judicial independence, not one that will rubber stamp unconstitutional legislation.

What can you do?

1. Contact your legislators and ask for their commitment to oppose any court-packing bill.
2. Contact Governor McCrory’s office.  You can call Gov. McCrory’s office at 919-814-2050.  If you do this, choose option to talk to someone instead of leaving a message.  You can also email the Governor. When you contact the Governor’s office, ask him to declare that he will veto any court-packing bill. 
3. Forward this message to your friends and family.

Your voice matters. If the people speak up between now and December 13, the court-packing plan will never see the light of day.

Guy W. Crabtree is a partner with Crabtree, Carpenter & Connolly, PLLC, in Durham, NC.

You Should Know: Tips for Food-Safe Holidays

Each year, 48 million people fall sick from foodborne illnesses. Of those, 128,000 are hospitalized and 3,000 die. One in six Americans could get food poisoning this year alone.

Food Safety and the Civil Justice System, a recently published landmark study by the American Association for Justice, traces a growing number of serious foodborne illnesses to questionable practices by some large factory farms [download report]. Overcrowding and unsanitary conditions increase the chances of bacterial contamination entering the food supply. Overuse of pharmaceuticals and chemicals to prevent disease in livestock and produce have also been associated with the rise in “super bugs,” bacteria that become resistant to antibiotics. Diseased livestock, improperly handled produce and poor government oversight all add to the problem.

Contamination at this level won’t be prevented without the help of improved government oversight and a robust civil justice system that continues to hold wrongdoers accountable. You can, however, lessen the chances of food poisoning in your home as follows:

Clean, Separate, Cook, Chill

While preparing any meal, remember these four steps from the Centers for Disease Control (CDC) to keep bacteria away from food, utensils and yourself.

1. Wash: Clean hands and surfaces often. Illness-causing bacteria can collect on hands, utensils and surface areas. Also wash fruits and vegetables, but not meats.
2. Separate: Don’t cross-contaminate foods. Raw meat, poultry, seafood and eggs can still spread harmful bacteria to ready-to-eat items if they aren’t kept separate. Use one cutting board for fresh produce and another for raw meat, poultry and seafood.
3. Cook: Use a food thermometer to measure the internal temperature of cooked foods. Check temperatures in several places to make sure that meat, poultry, seafood, eggs (or dishes containing eggs) are cooked to safe minimum internal temperatures as shown in the Safe Cooking Temperatures Chart.
4. Chill: Illness-causing bacteria can grow in perishable foods in just two hours. Refrigerate foods promptly and properly, and throw out food before it begins to spoil.

Tips for On-Time Turkey Time

Is your Thanksgiving often interrupted by multiple trips to the grocery store, or worse yet, a bird that isn’t done when guests are ready to eat? What about sorting out all those leftovers? Well, then you should check out this handy guide from FoodSafety.gov with tips on how to streamline your schedule – from shopping to preparation to cooking to storing leftovers – and ensure a safe, delicious Thanksgiving dinner at your home.

The United States of Thanksgiving

The turkey is safely prepped and the kitchen is sparkling clean. What next? The New York Times recently investigated something that all Americans can agree on – Thanksgiving dinner! Here are 52 recipes representing each state as well as D.C. and Puerto Rico. See what neighbors are cooking, or find a dish for guests traveling from afar. You might even add a new favorite to your annual feast.

 This article appeared in our November 2016 "You Should Know" e-newsletter.

Crabtree, Carpenter & Connolly Announce Firm Recognitions

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Durham law firm Crabtree, Carpenter, & Connolly, PLLC is honored by the recent firm recognition our lawyers have received from our peers and the business community. 

CCC has been named a Tier 1 firm in the Research Triangle area for Personal Injury Litigation – Plaintiffs, by US News and World Report and Best Lawyers® “Best Law Firms” for 2017. Best Lawyers is the oldest and most respected peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor. 

Crabtree, Carpenter & Connolly, PLLC provides innovative and effective legal representation to injured individuals as trial lawyers in personal injury and wrongful death cases involving automobile accidents and medical malpractice. They are also trial lawyers who represent families and provide legal expertise to individuals and companies in commercial and business disputes, and to property owners whose property has been contaminated by toxic chemicals in their groundwater.

You Should Know: Prescription Opioid Use Explodes

Massive Increase in Prescriptions Blamed for Abuse and Overdose

First, a quick background: Opioid painkillers are derived from the same poppy plant as heroin. They reduce the intensity of pain signals reaching the brain while raising dopamine levels in the body, producing a type of euphoria. When taken for an extended period of time, ever-stronger doses are required to achieve the same results. Medications that fall within this class include hydrocodone (e.g., Vicodin), oxycodone (e.g., OxyContin, Percocet), morphine (e.g., Kadian, Avinza) codeine, and related drugs.

Until the mid-1990s, opioids were only prescribed for pain from severe injuries or to cancer patients. That all changed in 1996 with the introduction of OxyContin, an extended release opioid from Purdue Pharma. This drug was heavily promoted as less addictive and therefore appropriate for more common conditions. Last year, 227 million opioid prescriptions were doled out in the U.S., making it the most prescribed medication in the country and Americans the biggest prescription opiate users in the world.

Most people start their nightmare descent into opioid addiction after using a legal prescription. The pattern is then all too common: When they get hooked and can no longer get refills legitimately, buy opiates on the street, or steal them from friends and family, they turn to cheaper heroin. Deaths each year from drug overdoses, more than half related to opioids, now exceed those caused by motor vehicle accidents.

Big Pharma Pushes Back HARD on Proposed Restrictions

A growing number of advocates, including former addicts and family members, are supporting legislative measures that would help stem the tide of prescription opioids. However, a recent investigation by the Center for Public Integrity and the Associated Press revealed that an industry coalition has mounted a 50-state campaign to kill or weaken these proposals.

According to the report, opioid manufacturers and their allies spent more than $880 million since 2006 on lobbyists and political contributions. That’s 200 times more than the money spent during the same timeframe by those proposing the restrictions and eight times more than the formidable gun lobby. Powerful doctors’ groups have also opposed added restrictions, arguing that lawmakers should not tell them how to practice medicine.

Meanwhile, the pharmaceutical companies posted record profits last year on prescription painkillers, generating $9.6 billion in sales.

Prevention, Education, and Solutions

The place to start in discussing prevention is to seriously question whether or not to take opiate painkillers in the first place. If your doctor prescribes one of these drugs for you or a family member, ask about and seriously consider less addictive medications, appropriate therapies and other ways to manage pain. If you do decide to go with opiates, consider these tips:

• Make sure you’re getting the right medication. Provide your doctor with as much information as possible about your condition and overall health. Tell your doctor about all your prescriptions, over-the-counter medications, herbs and supplements, as well as alcohol and drug use.
   
• Stay in touch with your doctor to make sure that the medication you’re taking is working and that the dose is appropriate.
   
• Follow directions carefully. Use your medication the way it was prescribed.
   
• Never use someone else’s prescription. Everyone is different. Even if you have a similar medical condition, it may not be the right medication or dose for you. Let your loved ones know that it is not okay to share medications with others or take drugs prescribed for others.
   
• Secure your prescription drugs. Keep track of quantities and store prescriptions in a locked medicine cabinet.
   
• Properly dispose of medications. Don’t keep unused or expired drugs. Check the label or patient information guide for disposal instructions, or ask your pharmacist for advice.

Big picture, you might also want to support proposals in your city or state that would regulate opiate painkillers. Legislation has been introduced in many states that would make patient registries mandatory, thus preventing abusers from doctor shopping. Measures have also been proposed that would limit the amount of painkillers that can be prescribed at any given time. Click here for more information about your state.

 This article appeared in our October 2016 "You Should Know" e-newsletter. 

You Should Know: Asbestos Still a Killer

Still Prevalent in Older Schools, Public Buildings, Homes

Asbestos is found in thousands of U.S. schools.

Asbestos is a deadly carcinogen, known to cause lung cancer and mesothelioma while killing an average 15,000 people a year in the United States. Asbestos is a group of minerals that occur naturally as a bundle of fibers, found all over the world. These fibers can be useful because they are strong, resistant to heat and many chemicals, and don’t conduct electricity. It is because of these qualities that asbestos has been used as an insulating material for hundreds of years.

Inhaling asbestos fibers is the most common way to be exposed. Although the use of asbestos is not as frequent today as it was during the early part of the 20th century, asbestos inhalation is still a persistent risk. Any time a building that has asbestos is demolished or renovated, asbestos can be released into the air. At the same time, materials that contain asbestos can break down over time and also release particles into the air. 

Changing Asbestos Legislation

Until recently the law of the land involving toxic substances was the outdated Toxic Substances Control Act (TSCA) of 1976. This act provided the EPA with the “authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures.” TSCA included regulations for the production, importation, use and disposal of asbestos.

Unfortunately, this law had not been revisited for 40 years! However, on June 22, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act, a bipartisan bill that amends and updates the outmoded TSCA. The new law, which includes stricter regulatory standards, replaces TSCA’s old cost-benefit safety standard with a new health-based safety standard. This new standard opens the doors for the EPA to officially ban asbestos in the U.S., something it has been trying to do since the first Bush administration.

Preventing Asbestos Inhalation

Asbestos risks can be found everywhere, but there are ways to protect yourself and your children from exposure. Here is a brief overview, but click here for a complete guide to identifying and preventing potential asbestos risk.

At Work:

Your employer should be following all OSHA regulations for hazardous chemicals, but be sure to take your own precautions and report any unsafe working conditions.

• Ask your employer about any asbestos-related health risks in your place of work.
• Always wear protective gear when you may disturb asbestos.
• Don’t bring home work clothes that may contain asbestos particles.
• Always dispose of asbestos materials according to state and federal regulations.

At Home:

Most asbestos exposure occurs when homeowners do renovations that disturb asbestos. If you’re planning on tackling any home improvement projects, protect yourself and your family.

• Some of the in-home items that may contain asbestos are: attic insulation, shingles and tar, drywall and popcorn ceilings.
• If you have an older home, don’t perform DIY renovations where asbestos may be present.
• Never attempt to remove asbestos without help from a professional abatement specialist.
• Dangerous exposure may occur when you attempt to remove contaminated products, especially if you cut, saw, sand or drill them.

At School and Public Buildings

About half of all schools in the United States were built from 1950 to 1969, when asbestos was a common construction material. The EPA requires all schools to inspect any asbestos-containing materials every three years, as well as have an asbestos management plan in place. You can request to see a school’s management plan at any time. In addition, you can keep an eye out for any possible asbestos-containing materials, including:

• Damaged drywall or plaster
• Deteriorated tiles, roofing or ceiling panels
• Chipped paint
• Old heating or A/C 
• Run-down steam pipes or boiler insulation

Where could asbestos be lurking in your home? Click here to expand.

 This article appeared in our September 2016 "You Should Know" e-newsletter.