Miami Injury Lawyer Blawg

The U.S. Department of Transportation Released a New "Faces of Distracted Driving" Video in which the friends and family of Pennsylvania 21-year-old Casey Feldman Speaks of Their Loss

Casey Feldman, a 21 year old was struck and killed by a distracted driver as she crossed a street in Ocean City, New Jersey in 2009.

WATCH: "Casey Feldman, 21" -

"I'm honored that the Feldman family chose to share their story in our series," said Secretary LaHood. "Distracted driving is an epidemic on our roadways, and I hope that everyone who hears Casey's family and friends speak about their tragic loss will remember to keep their eyes on the road and their hands on the wheel."

"Telling Casey's story - of the kind of person she was and how she died - helps me and my family and her friends as we grieve her loss," said Joel Feldman, Casey's father. "It helps us to know people think of Casey, that she is not forgotten, and that lives are being saved through her memory."

"Faces of Distracted Driving" is a video series exploring the tragic consequences of texting and cell phone use while driving. It features people from across the country who have been injured or lost loved ones in distracted driving crashes.

The series is part of Secretary LaHood's effort to raise greater awareness about the dangers of distracted driving.

Continue reading "Distracted Driving Video a Must See for Adults and Teenagers Alike" »

Surgical error halted kidney transplants last month at University of Southern California's University Hospital after a kidney was accidentally transplanted into the wrong patient.
The patient who received the wrong kidney escaped harm, apparently because the kidney happened to be an acceptable match, said Bryan Stewart, spokesman for the program, OneLegacy, which was notified of the error by the hospital.

The Los Angeles Times reported that the hospital, which performs about two transplants a week, confirmed in a statement that it had voluntarily halted transplants Jan. 29 after a "process error" was discovered. The hospital did not detail the nature of the error and declined to answer questions. It said no patients were harmed.

Dr. Goran Klintmalm, a veteran surgeon at Baylor Regional Transplant Institute in Dallas, said that such a mistake is almost inconceivable.

"The safeguards are very substantial," he said. "I can't even imagine how this mistake could have happened."

The mix-up apparently occurred after two kidneys, from separate donors, arrived at the transplant center around the same time on Jan. 29, a Saturday.

"Our packaging and documentation was accurate," said Thomas Mone, the chief executive of OneLegacy. "Presumably this was human error" at the hospital.

After USC realized its mistake, the organ procurement organization used blood samples it had on reserve to conduct what is known as a "cross-match" -- a test to see if the transplanted kidney was compatible with the person who received it, Stewart said.

A mismatched organ can be deadly. As it turned out, the patient was not harmed, largely because the donor's blood type was O, which is universally accepted. The organ procurement organization then embarked on finding an acceptable recipient for the other kidney. It was transplanted into a patient at another local hospital, Stewart said.

The intended recipient of the misplaced kidney received another organ a few days later.

The incident has triggered investigations by the state Department of Public Health and by the United Network for Organ Sharing (UNOS), which oversees the transplant system for the U.S. government. Neither agency has released any findings.

"The hospital inactivated the program while clinical protocols are assessed and additional safeguards to the kidney transplant program are developed," the hospital's statement said.

The hospital said transplants may resume as early as Friday.

The hospital said it notified UNOS on Feb. 4 that it had voluntarily halted the kidney program.

UNOS' review requires the hospital to submit a "corrective action plan" that must be approved by the agency, the hospital said.

Kidneys are in short supply in the U.S., and especially in Southern California. As of Feb. 11, USC had 508 patients waiting for kidneys (313 men and 195 women), according to UNOS. In the Los Angeles area, there were 6,044 people waiting for kidneys at 13 transplant centers.

As of late Thursday, USC hospital's website still listed kidney transplants among its services and there was no obvious notice to patients or the public that the program had been suspended.

In general, immediately after a kidney is removed from a donor, it is placed in a plastic container with a screw-on lid. That container, labeled with an identification number, is then placed inside three sterile plastic bags, which are placed on ice in another container.

"The nurses in the operating room and the surgeon must check for the ID number on the kidney and compare that with the patient ID number," Klintmalm said.

"It is the operating room surgeon's responsibility to make sure the numbers match," he said. "You sign forms before you start the surgery."

The protocols were established by a special committee of UNOS.

The procedures were extensively reviewed and updated in 2003, after a highly publicized case in which Duke University surgeons accidentally gave the wrong heart and lungs to a 17-year-old girl. She later died.

In 2006, a Times investigation found that about a fifth of federally funded transplant programs failed to meet the government's minimum standards for patient survival or performed too few operations to ensure competency. And, despite repeated lapses, federal overseers allowed 488 heart, liver and lung transplant centers to continue operating.

Tony Messana, executive director of the kidney transplant program at St. Joseph Hospital in Orange, said the entire transplant field would take note of the incident at USC University Hospital.

"This shouldn't happen," Messana said. "This is one of those very rare occurrences."

Messana said "other programs here will pick up the slack" for as long as USC's program is closed.

Continue reading "Kidney Accidentally Transplanted Into Wrong Patient" »

Like a good neighbor, State Farm is there, seeking to raise rates again.

Unlike years past when State Farm was citing hurricanes, storms, floods, or too many claims as the culprit now we apparently have a sinkhole epidemic. Citing sinkhole losses and higher operating expenses, State Farm Florida asked state regulators Tuesday for a 28 percent premium increase on its homeowners policies.

WASHINGTON - U.S. Transportation Secretary Ray LaHood today made the following statement regarding Florida Governor Rick Scott's decision to decline high-speed rail dollars.

U.S. Transportation Secretary Ray LaHood: "We are extremely disappointed by Governor Rick Scott's decision to walk away from the job creating and economic development benefits of high speed rail in Florida. We worked with the governor to make sure we eliminated all financial risk for the state, instead requiring private businesses competing for the project to assume cost overruns and operating expenses. It is projects like these that will help America out-build our global competitors and lay the foundation needed to win the future. This project could have supported thousands of good-paying jobs for Floridians and helped grow Florida businesses, all while alleviating congestion on Florida's highways. Nevertheless, there is overwhelming demand for high speed rail in other states that are enthusiastic to receive Florida's funding and the economic benefits it can deliver, such as manufacturing and construction jobs, as well as private development along its corridors."

As reported by The Sun Sentinel, Florida Democrats were even more scornful.

"Governor Scott's decision demonstrates a devastating lack of vision for Florida and a lack of understanding of our economic situation," said Congresswoman Kathy Castor, a Democrat from Tampa. "The governor put his own rigid ideology ahead of the best interests of Florida's businesses, workers and families."

Florida leaders from both parties have struggled for years to get federal funding to support development of high-speed rail service, starting with a link between Orlando and Tampa and eventually leading to service to Miami.

With much fanfare, the Obama administration announced that Florida would get $2.5 billion of stimulus money for the project, but Scott and some other Republicans questioned whether rail service would attract enough riders to be cost-effective.

Republicans in Washington and Tallahassee are challenging the strategy of pumping money into the economy to spur growth and create jobs. But to Democrats like Congresswoman Corrine Brown of Jacksonville, refusing long-sought federal money is an outrage.

"Clearly, the governor is not interested in either advancing Florida's transportation network or creating quality jobs for Florida residents," Brown said.

"Up until today, the state of Florida was in a perfect position to serve as the nation's trailblazer in our country's renaissance of high-speed passenger rail," she said, "yet now, with the governor's decision, we will continue to be the caboose."

Continue reading "Governor Scott Declines Federal Dollars For High-Speed Rail" »

Edgardo Toucet Echevarria, 44, was injured Jan. 13, 2010, when a "peeler machine" cut off his penis in an industrial accident.

Per the lawsuit that was filed, "The surgically sharp steel blade sliced through Toucet's pelvis cutting off his penis and testicles while virtually cutting his body in half."

Mr. Echeverarria was working at Future Foam Carpet Cushion, and was injured after he removed a "foam core" with a steel blade that is used to cut blocks of carpeting foam. Mr Echeveria is suing, alleging negligence.

The lawsuit alleges that Mr. Echeverria was not trained in operating the machine and the maneuver he performed at the request of supervisors. The suit also claims employees had improperly removed a protective guard from the machine.

Most importantly, Echevarria alleges that Future Foam "had a duty not to behave in a manner that was virtually certain to result in death or injury to workers."

Echevarria, an employee of Spartan Staffing, was a contract worker at Future Foam.

As reported by The Sun Sentinal, officials with the Occupational Safety and Health Administration cited Future Foam for 10 serious violations stemming from the January 2010 incident, spokesman Michael D'Aquino said.

OSHA, the federal agency charged with investigating workplace injuries and deaths, proposed fines of $42,500. Future Foam is contesting the citations.

Records show Spartan Staffing paid Echevarria $520 for ambulatory costs in 2010. He filed for additional worker's compensation benefits, specifically physical therapy and attorney's fees, in Feb. 10.

Most importantly, Echevarria alleges that Future Foam "had a duty not to behave in a manner that was virtually certain to result in death or injury to workers."

"Future Foam was aware of prior instances in which workers had suffered injury or death due to insufficient, tampered with, or missing protection on this type of machine," the lawsuit states. "[The company's] maintenance and repair staff had failed and/or refused to properly upgrade the guarding."

The lawsuit also includes a negligence claim against Baumer of America, the company that manufactures the peeler machine.

Continue reading "Man Loses Penis in Work Accident" »

Artificial Retina is a step in the right direction. As reported by the Associated Press Eric Selby, a 68-year-old had an artificial implant called the Argus II, made by U.S.-based company Second Sight, surgically inserted into his right eye. Dutch regulators are expected to decide within months on the company's request to market the device in the EU. If greenlighted, it would be the first artificial retina available for sale.

The implant works with a tiny video camera and transmitter in a pair of glasses and a small wireless computer.

The computer processes scenes captured by the camera and converts them into visual information in the form of an electronic signal that's sent to the implant. The device stimulates the retina's remaining healthy cells, causing them to relay the data to the optic nerve.

The visual information then moves to the brain, where it's translated into patterns of light that can take the shape of an object's outline. Patients need to learn how to interpret the flashes of light; for instance, they might decode three bright dots as the three points of a triangle.

The implant is intended only for people with a specific type of inherited retina problem, who still have some functional cells. They must have previously been able to see and their optic nerve must be working. About one in 3,000 people are blind due to one of this group of hereditary diseases, called retinitis pigmentosa, and might potentially benefit from the artificial retina.

The device comes with a hefty price tag -- about $100,000. In Britain, the national health service sometimes pays for expensive new technologies for a small number of patients, said Lyndon da Cruz, one of the doctors who tested the artificial retina at Moorfields Eye Hospital in London.

He said if the artificial retina allows patients to be more self-sufficient, the implant could turn out to be cheaper than governments paying for higher levels of health care or in-home care for patients.

So far, about 40 people have gotten the artificial retina since 2006 and some patients have seen well enough to identify objects, shapes, or even read large print during their participation in trials.

The implant's maker has applied to the Netherlands' medical devices regulator for marketing permission. The company is also in talks with the U.S. Food and Drug Administration about the kind of tests needed to secure the retinal implant's approval in the United States.

"The device is currently very crude, but it's impressive that some patients have been able to read large fonts," said Daniel Palanker, who works in opthalmology and experimental physics at Stanford University, and is not connected to the Argus II.

He and colleagues are developing another artificial retina implant that delivers images to the eye via pulses of infrared light, though they are years away from having a commercial product.

"It's just remarkable that we've gone from having no cure to blindness to a situation where we can restore sight to some extent," Palanker said.

There are a handful of competing retinal implant projects worldwide. Last year, Eberhart Zrenner at the Centre for Opthalmology in Tuebingen, Germany and colleagues published research about their implant, which also depends on patients' remaining working retinal cells. Only 11 people have received the device so far, but one reported being able to see his girlfriend's face while another reported seeing a duck in a meadow. Zrenner hopes the device will be available in two years.

Gregoire Cosendai, senior director of European Operations at Second Sight, said the Argus II implant's success depends largely on how adept patients are at decoding the flashing lights the device produces. He said the implant isn't meant to replace guide dogs or canes at the moment, but may improve patients' coordination and help them with daily tasks like cooking.

Cosendai compared the retinal implant to the first cochlear implants for deaf people, which had mixed success when they were introduced more than 20 years ago. Modern cochlear implants are now good enough to allow some deaf people to talk on the telephone.

Experts said future retinal implants might restore enough sight to make some patients self-sufficient. Still, most doubt the devices will ever come close to normal human vision.

"The way these implants work is they plug into what's left of the retina, so that limits just how much you can reproduce," said da Cruz. He predicted the device would improve dramatically in the next decade.

"The big breakthroughs -- making a device you can sit on the retina which doesn't kill it and proving it works for years -- have already been made," he said. He said it would be much easier to refine the implant and improve the quality of what patients see. Second Sight is already developing a new version of its retinal implant that will soon be tested.

Eric says his artificial retina allows him to see certain shapes and shades of black, white and gray. He mostly uses it to help navigate his walking route when he goes outside.

"I'm only seeing a fraction of things but it does still help," he said. Eric lost his sight nearly 20 years ago due to an inherited eye condition and hopes his grandchildren and future generations might benefit from his experience with the implant.

"It's like when people were first trying to fly to the moon," he said. "Nowadays they're sending people to the moon and into space, but they had to start off with a propeller engine ... For artificial eye implants, it could be a whole different ballgame in a few years."

Continue reading "Artificial Retina Helps Those With Retinitis Pigmentosa" »

Strokes are rising dramatically among young and middle-aged Americans while dropping in older people. This is a sign that the obesity epidemic may be starting to shift the age burden of the disease.

The numbers, reported Wednesday at an American Stroke Association conference, come from the first large nationwide study of stroke hospitalizations by age. Government researchers compared hospitalizations in 1994 and 1995 with ones in 2006 and 2007.

The sharpest increase - 51 percent - was among men 15 through 34. Strokes rose among women in this age group, too, but not as fast - 17 percent.

"It's definitely alarming," said Dr. Ralph Sacco, American Heart Association president and a neurologist at the University of Miami. "We have worried for a while that the increased prevalence of obesity in children and young adults may take its toll in cardiovascular disease and stroke," and that appears to be happening, he said.

Stroke still takes its highest toll on older people. For those over 65, there were nearly 300 stroke cases among 10,000 hospitalizations in the more recent period studied. For males 15 to 34, there were about 15 stroke cases per 10,000, and for girls and women in that age group there were about 4 per 10,000.

Several small studies had recently suggested an ominous rise among the young and among middle-aged women.

The researchers examined federal records from a sample of hospitals in 41 states, covering about 8 million cases each year. They looked at the percentage of all hospitalizations for stroke by gender and in six age groups.

For every 10,000 hospitalizations in 1994-95 compared with 2006-07, strokes rose:
-51 percent, from 9.8 to 14.8, among males 15 to 34 years old
-17 percent, from 3.6 to 4.2, in females 15 to 34
-47 percent, from 36 to 52.9, in males 35 to 44
-36 percent, from 21.9 to 30, in females 35 to 44

"The increases seen in children are very modest, but they are more so in the young adult age groups, and we feel that deserves further study," George said. Better awareness of stroke symptoms and better imaging methods for detecting strokes in young people could account for some of that change, but there is no way to know, she said.

Trends went the opposite way in older people. Strokes dropped 25 percent among men 65 and older (from 404 to 303 per 10,000 hospitalizations), and 28 percent among women in this age group (from 379 to 274). Doctors think better prevention and treatment of risk factors such as high blood pressure in older people may be contributing to the decline.

At the University of California at Los Angeles, doctors are seeing more strokes related to high blood pressure and clogged arteries in younger people, said Dr. Jeffrey Saver, director of the stroke center at UCLA.

Early estimates from 2007 death certificates suggest that stroke is now the nation's fourth leading cause of death instead of the third, partly because of better treatments and prevention among the elderly. "But at the same time we're seeing this worrisome rise in mid-life," Saver said.

Allison Hooker, a nurse who coordinates stroke care at Forsyth Medical Center in Winston-Salem, N.C., said her hospital also is seeing more strokes in younger people with risk factors such as smoking, obesity, high blood pressure, alcohol overuse and diabetes.
"I'd say at least half of our population (of stroke patients) is in their 40s or early 50s," she said, "and devastating strokes, too."

Continue reading "Strokes Are Rising Fast Among People Under 45" »

Boca Raton Cyclist John Wilson died after being struck by an SUV, while riding his bicycle. Mr Wilson, a firefighter, was struck by an SUV eight days after his 50th birthday.

Wilson, who lived in Jupiter, was off duty and riding his bicycle on Monday when he was hit by a Chevy Trailblazer, police said. He was riding east on Indiantown Road, in the crosswalk of Maplewood Drive, when he was hit and killed by driver Myron Umbel, 66, of Jupiter, who was turning east onto Indiantown, police said.

As reported by The Sun Sentinal, Mr. Wilson was remembered Friday by about 1,000 mourners, including police and firefighters from throughout South Florida and the Treasure Coast, at St. Peter Catholic Church in Jupiter. They paid homage to a gourmet chef who filled their minds with memories and their bellies with delicious food -- especially his jambalaya.

Continue reading " Boca Raton Firefighter Killed on Bicycle" »

A new study finds that many women with early breast cancer do not need a painful procedure that has long been routine: removal of cancerous lymph nodes from the armpit.

As reported by The New York Times The discovery turns standard medical practice on its head. Surgeons have been removing lymph nodes from under the arms of breast cancer patients for 100 years, believing it would prolong women's lives by keeping the cancer from spreading or coming back.

Now, researchers report that for women who meet certain criteria -- about 20 percent of patients, or 40,000 women a year in the United States -- taking out cancerous nodes has no advantage. It does not change the treatment plan, improve survival or make the cancer less likely to recur. And it can cause complications like infection and lymphedema, a chronic swelling in the arm that ranges from mild to disabling.

Removing the cancerous lymph nodes proved unnecessary because the women in the study had chemotherapy and radiation, which probably wiped out any disease in the nodes, the researchers said. Those treatments are now standard for women with breast cancer in the lymph nodes, based on the realization that once the disease reaches the nodes, it has the potential to spread to vital organs and cannot be eliminated by surgery alone.

Experts say that the new findings, combined with similar ones from earlier studies, should change medical practice for many patients. Some centers have already acted on the new information. Memorial Sloan-Kettering Cancer Center in Manhattan changed its practice in September, because doctors knew the study results before they were published. But more widespread change may take time, experts say, because the belief in removing nodes is so deeply ingrained.

"This is such a radical change in thought that it's been hard for many people to get their heads around it," said Dr. Monica Morrow, chief of the breast service at Sloan-Kettering and an author of the study, which is being published Wednesday in The Journal of the American Medical Association. The National Cancer Institute paid for the study.

Doctors and patients alike find it easy to accept more cancer treatment on the basis of a study, Dr. Morrow said, but get scared when the data favor less treatment.

The new findings are part of a trend to move away from radical surgery for breast cancer. Rates of mastectomy, removal of the whole breast, began declining in the 1980s after studies found that for many patients, survival rates after lumpectomy and radiation were just as good as those after mastectomy.

The trend reflects an evolving understanding of breast cancer. In decades past, there was a belief that surgery could "get it all" -- eradicate the cancer before it could spread to organs and bones. But research has found that breast cancer can begin to spread early, even when tumors are small, leaving microscopic traces of the disease after surgery.

The modern approach is to cut out obvious tumors -- because lumps big enough to detect may be too dense for drugs and radiation to destroy -- and to use radiation and chemotherapy to wipe out microscopic disease in other places.

But doctors have continued to think that even microscopic disease in the lymph nodes should be cut out to improve the odds of survival. And until recently, they counted cancerous lymph nodes to gauge the severity of the disease and choose chemotherapy. But now the number is not so often used to determine drug treatment, doctors say. What matters more is whether the disease has reached any nodes at all. If any are positive, the disease could become deadly. Chemotherapy is recommended, and the drugs are the same, no matter how many nodes are involved.

The new results do not apply to all patients, only to women whose disease and treatment meet the criteria in the study.

The tumors were early, at clinical stage T1 or T2, meaning less than two inches across. Biopsies of one or two armpit nodes had found cancer, but the nodes were not enlarged enough to be felt during an exam, and the cancer had not spread anywhere else. The women had lumpectomies, and most also had radiation to the entire breast, and chemotherapy or hormone-blocking drugs, or both.

The study, at 115 medical centers, included 891 patients. Their median age was in the mid-50s, and they were followed for a median of 6.3 years.

After the initial node biopsy, the women were assigned at random to have 10 or more additional nodes removed, or to leave the nodes alone. In 27 percent of the women who had additional nodes removed, those nodes were cancerous. But over time, the two groups had no difference in survival: more than 90 percent survived at least five years. Recurrence rates in the armpit were also similar, less than 1 percent. If breast cancer is going to recur under the arm, it tends to do so early, so the follow-up period was long enough, the researchers said.

One potential weakness in the study is that there was not complete follow-up information on 166 women, about equal numbers from each group. The researchers said that did not affect the results. A statistician who was not part of the study said the missing information should have been discussed further, but probably did not have an important impact.

It is not known whether the findings also apply to women who do not have radiation and chemotherapy, or to those who have only part of the breast irradiated. Nor is it known whether the findings could be applied to other types of cancer.

The results mean that women like those in the study will still have to have at least one lymph node removed, to look for cancer and decide whether they will need more treatment. But taking out just one or a few nodes should be enough.

Dr. Grant W. Carlson, a professor of surgery at the Winship Cancer Institute at Emory University, and the author of an editorial accompanying the study, said that by routinely taking out many nodes, "I have a feeling we've been doing a lot of harm."

Indeed, women in the study who had the nodes taken out were far more likely (70 percent versus 25 percent) to have complications like infections, abnormal sensations and fluid collecting in the armpit. They were also more likely to have lymphedema.

Continue reading "New Standard of Care For Breast Cancer Treatment" »

A new pedestrian crosswalk was created at the intersection of Williams Island Boulevard and NE 27th Avenue. This makes crossing over from one side to the other a much safer alternative, especially for those living in the Imperial Club (a retirement and assisted living facility).

This is a great benefit to residents in the area, it will help keep pedestrians safe and will hopefully be another improvement amongst many that will encourage residents to walk the town and go green.

Pedestrian safety is a serious issue to many residents, and should be a serious issue for city commissioners.

Continue reading "New Crosswalk In Aventura Helps Promote Safety" »

U.S. DEPARTMENT OF TRANSPORTATION RELEASES RESULTS FROM NHTSA-NASA STUDY OF UNINTENDED ACCELERATION IN TOYOTA VEHICLES
WASHINGTON, DC -

The U.S. Department of Transportation released results from an unprecedented ten-month study of potential electronic causes of unintended acceleration in Toyota vehicles. The National Highway Traffic Safety Administration (NHTSA) launched the study last spring at the request of Congress, and enlisted NASA engineers with expertise in areas such as computer controlled electronic systems, electromagnetic interference and software integrity to conduct new research into whether electronic systems or electromagnetic interference played a role in incidents of unintended acceleration.
NASA engineers found no electronic flaws in Toyota vehicles capable of producing the large throttle openings required to create dangerous high-speed unintended acceleration incidents. The two mechanical safety defects identified by NHTSA more than a year ago - "sticking" accelerator pedals and a design flaw that enabled accelerator pedals to become trapped by floor mats - remain the only known causes for these kinds of unsafe unintended acceleration incidents. Toyota has recalled nearly 8 million vehicles in the United States for these two defects.

U.S. Transportation Secretary Ray LaHood said, "We enlisted the best and brightest engineers to study Toyota's electronics systems, and the verdict is in. There is no electronic-based cause for unintended high-speed acceleration in Toyotas."
In conducting their report, NASA engineers evaluated the electronic circuitry in Toyota vehicles and analyzed more than 280,000 lines of software code for any potential flaws that could initiate an unintended acceleration incident. At the Goddard Space Flight Center in Maryland, NASA hardware and systems engineers rigorously examined and tested mechanical components of Toyota vehicles that could result in an unwanted throttle opening. At a special facility in Michigan, NHTSA and NASA engineers bombarded vehicles with electromagnetic radiation to study whether such radiation could cause malfunctions resulting in unintended acceleration. NHTSA engineers and researchers also tested Toyota vehicles at NHTSA's Vehicle Research and Test Center in East Liberty, Ohio to determine whether there were any additional mechanical causes for unintended acceleration and whether any of the test scenarios developed during the NHTSA-NASA investigation could actually occur in real-world conditions.
"NASA found no evidence that a malfunction in electronics caused large unintended accelerations," said Michael Kirsch, Principal Engineer at the NASA Engineering and Safety Center (NESC).
While NASA and NHTSA have identified no electronic cause of dangerous unintended acceleration incidents in Toyota vehicles or any new mechanical causes beyond sticking pedals and accelerator pedal entrapment, NHTSA is considering taking several new actions as the result of today's findings, including:

• Propose rules, by the end of 2011, to require brake override systems, to standardize operation of keyless ignition systems, and to require the installation of event data recorders in all passenger vehicles;

• Begin broad research on the reliability and security of electronic control systems;

• Research the placement and design of accelerator and brake pedals, as well as driver usage of pedals, to determine whether design and placement can be improved to reduce pedal misapplication.

NHTSA and NASA will also brief the National Academy of Sciences panel currently conducting a broad review of unintended acceleration and electronic throttle control systems on the reports released today.

"While today marks the end of our study with NASA, our work to protect millions of American drivers continues," said NHTSA Administrator David Strickland. "The record number of voluntary recalls initiated by automakers last year is also very good news, and shows that we can work cooperatively with industry to protect consumers."
Based on objective event data recorder (EDR) readings and crash investigations conducted as part of NHTSA's report, NHTSA is researching whether better placement and design of accelerator and brake pedals can reduce pedal misapplication, which occurs in vehicles across the industry. NHTSA's forthcoming rulemaking to require brake override systems in all passenger vehicles will further help ensure that braking can take precedence over the accelerator pedal in emergency situations. The ongoing National Academy of Sciences study, which will examine unintended acceleration and electronic vehicle controls across the entire automotive industry, will also make recommendations to NHTSA. The NAS study was launched in spring 2010 alongside the NHTSA-NASA investigation and will be finalized later in 2011.
In 2009 and 2010, Toyota recalled nearly eight million vehicles as part of the sticky pedal and pedal entrapment recalls. Toyota also paid $48.8 million in civil penalties as the result of NHTSA investigations into the timeliness of several safety recalls last year. Across the industry, automakers voluntarily initiated a record number of safety recalls in 2010.

FACT SHEET: Unintended Acceleration in Toyota Vehicles
Background & Timeline

Toyota has recalled nearly eight million vehicles in the United States for two mechanical safety defects that can cause unintended acceleration: 'sticking' accelerator pedals and a design flaw that can cause accelerator pedals to become trapped by floor mats. When NHTSA first identified the two defects more than a year ago, the agency pushed Toyota to conduct recalls quickly. Toyota later paid nearly $33 million in civil penalties as the result of investigations into whether the company notified NHTSA in a timely manner about these defects.
During Congressional hearings on the Toyota recalls in February 2010, Members of Congress asked NHTSA to study whether electronic or software problems in Toyota vehicles could be to blame for unintended acceleration. At Congress' request, NHTSA simultaneously launched two studies: one designed to evaluate possible electronic causes for unintended acceleration in Toyotas, and a broader effort to look at unintended acceleration across the automotive industry.

In March 2010, NHTSA enlisted top NASA engineers and experts in areas such as electromagnetic compatibility to study whether electronic flaws can cause unintended acceleration. In its final report, NASA engineers found no evidence of an electronic defect in Toyota vehicles capable of producing dangerous, high-speed unintended acceleration incidents. The two mechanical safety defects originally identified by NHTSA remain the only known causes of dangerous unintended acceleration incidents.
Nevertheless, NHTSA has announced several new actions it may take as a result of their work with NASA to address the safety of vehicle electronics systems. NHTSA will consider rules to require brake override systems, standardize operation of keyless ignition systems, and require the installation of event data recorders in all passenger vehicles. NHTSA will conduct broad research on the reliability of electronic throttle control systems across the vehicle fleet. The agency will also initiate new research on driver behavior and the placement and design of floor pedals in an effort to identify strategies that can reduce pedal misapplication.
The second study launched by U.S. DOT in March 2010 remains under way. The Department has enlisted the prestigious National Academy of Sciences (NAS) to undertake a broad review of unintended acceleration and electronic vehicle controls across the automotive industry. An independent panel of scientific experts at NAS is currently working to identify possible sources of unintended acceleration, including electronic vehicle controls and human error. Later in 2011, the panel will make recommendations to NHTSA on how its rulemaking, research, and defect investigation activities can help ensure the safety of electronic control systems in motor vehicles.

Timeline of Major Events
• March 29, 2007: NHTSA opens a preliminary investigation into pedal entrapment on MY'07 Lexus ES350 models based on five consumer complaints alleging three crashes and seven injuries. The all weather floor mat is identified as the possible cause of these incidents.
• July 26, 2007: A fatal crash occurs in San Jose, CA involving a '07 Camry in which the driver suffers serious injuries and the driver of the struck vehicle is killed. The incident also appears to have been caused by a pedal trapped by an all weather floor mat.
• September 13, 2007: After determining the fatal San Jose crash was caused by floor mat entrapment, NHTSA tells Toyota a recall is necessary.
• September 26, 2007: Toyota recalls 55,000 floor mats in '07 and '08 Camrys and ES350s.
• August 28, 2009: A fatal crash occurs in Santee, CA, involving a loaner '09 ES350. The vehicle is found to have an all weather floor mat from another Lexus vehicle. Investigators find that the vehicle's previous driver had reported an entrapment incident to the dealership.
• September 25, 2009: NHTSA meets with Toyota and tells the company that the floor mat recall is insufficient and the agency expects a recall for the defect in pedal design. Three days later, Toyota tells NHTSA the company will recall the gas pedals.
• October 5, 2009: Toyota recalls 3.8 million vehicles for pedal entrapment by floor mat and sends an interim letter to consumers telling them to remove floor mats. The defect remedy involves gas pedal reconfiguration, floor pan/carpeting revisions, and 'brake pedal override' software for vehicles with keyless ignition.
• December 15, 2009: NHTSA officials meet with Toyota executives in Japan to explain NHTSA's defect recall process and underscore Toyota's obligations under U.S. law to find and report defects promptly. Toyota commits to making improvements.
• January 16, 2010: Toyota informs NHTSA that certain CTS-brand pedals may have a dangerous 'sticking' defect. NHTSA calls an in-person meeting on January 19.
• January 19, 2010: At the meeting, Toyota provides field reports on sticky pedal incidents, and NHTSA tells Toyota the agency expects prompt action. Toyota informs NHTSA several hours later that the company will issue a recall.
• January 21, 2010: Toyota recalls 2.3 million vehicles for the sticky pedal defect.
• January 27, 2010: At NHTSA's urging, Toyota expands its pedal entrapment recall to cover an additional 1.1 million vehicles.
• February 16, 2010: NHTSA launches an official probe into the timeliness and scope of the pedal entrapment and sticky pedal Toyota recalls.
• March 30, 2010: At the request of Congress, the U.S. DOT announces two studies into unintended acceleration. One looks at possible electronics causes for unintended acceleration in Toyotas; the other examines unintended acceleration and the safety of vehicle electronics across the automotive industry.
• April 5, 2010: NHTSA demands the maximum, $16.375 million, civil penalty on Toyota for its failure to notify the agency of the sticky pedal defect for more than four months after discovering it. Auto manufacturers are legally obligated to notify NHTSA within five business days of determining that a safety defect exists. Toyota pays the full fine on April 19.
• December 20, 2010: Toyota agrees to pay the maximum $16.375 million civil penalty as the result of another NHTSA investigation into whether their recall of 5.5 million vehicles for pedal entrapment was conducted in a timely manner.

Continue reading "Toyota Unintended Acceleration Study Finds No Electronic Flaws" »

Two girls attempting to cross South Powerline Road were in critical condition after being struck by a car Friday night.

The Sun Sentinal reported that Megan Rocks, 13, of Coconut Creek and Emily Victor, 12, were in the pediatric intensive care unit at Broward General Medical Center, according to the Sheriff's Office.

Witnesses told investigators the two girls were not in a designated crosswalk as they attempted to cross the 200 block-area of South Powerline Road from east to west about 9:45 p.m. Friday. After a close call by one approaching vehicle, the two were struck by a southbound vehicle, BSO said.

While witnesses at the scene attempted to help the girls, one of them flagged down Deputy Marcella Dykie, who was on patrol in the area.

BSO Air Rescue airlifted Emily while Megan was transported by Deerfield Beach Fire Rescue.

Preliminary information gathered by BSO investigators indicates that the driver of the Escort, Alfredo Salas, 20, of North Miami was not speeding and that alcohol or drug impairment were not factors in the crash. No charges are being filed at this time, BSO said.

A portion of Powerline Road remained closed as the scene was being investigated Friday night and early Saturday.

Continue reading "Two Pedestrians Critically Injured While Crossing Powerline Road" »

Bus accidents can cause serious personal injuries. When these behemoths, weighing up to 20 tons, make contact with another vehicle or a human being, the result can be disastrous. Last year Broward County bus drivers made mistakes that wrecked other people's vehicles, left victims with lasting injuries and sparked lawsuits that cost taxpayers more than $1 million.

The Sun Sentinal reported that in the past six months, Broward County commissioners settled nine cases in which public transit buses rear-ended or smashed head-on into other drivers, struck a 61-year-old bicyclist in a bike lane, hit a pedestrian in a crosswalk at the beach, and in one case, ran over the arm of a woman with a walker who had fallen trying to get to the bus.

Tuesday, another bus driver's mistake will be up for public review, potentially putting $75,000 from the county into the pocket of a driver seriously injured and rendered temporarily comatose in 2008 after a bus began a chain reaction of rear-end collisions.

Just two weeks ago, Broward commissioners agreed to pay money to settle three more claims that arose from bus driver errors in recent years:

A bus rear-ended a car. The car driver and a passenger suffered ruptured disks in their spines, aggravating existing back problems. Both were left permanently impaired, and one has persistent headaches. Their medical bills topped $50,000, but the county settled by giving them $40,000 total. The bus driver was disciplined.

A bus driver was disciplined for attempting a U-turn from a center lane and smashing into a vehicle. The victim of that crash was hurt in the leg, neck and back, is permanently impaired and ran up medical bills of about $76,563, according to the county. Broward taxpayers gave this person $25,000.

A head-on crash between a bus turning left in an intersection and an oncoming car seriously injured a passenger on the bus. That person got $50,000. The bus driver was disciplined.

Broward buses last year had 478 accidents - nine a week. One in four resulted from bus drivers' mistakes and were deemed "preventable,'' the department found.

The year before, there were more accidents, but the crashes blamed on driver mistakes were fewer than one in five.

Broward settled bus claims in 2010 with 142 people, paying out $1.3 million. In 2009, 167 people's claims were settled for $1.2 million, documents from the county's risk management officials show.

Though Palm Beach's bus system is half the size of Broward's, collision rates are calculated per mile driven, and can be used for comparison. In 2009, Palm Beach had .44 preventable crashes for every 100,000 bus miles driven; Broward had .6; and Miami-Dade, .91.

Continue reading "Bus Accidents Cost Taxpayers " »

The Insurance Institute for Highway Safety found fatal crashes dropped 24 percent in 14 cities that introduced cameras between 1996 and 2004.

The Sun Sentinal reported that Fort Lauderdale put cameras to work at six intersections in September.

In the four months prior, there were 50 accidents at those intersections. In the four months since, the city reported 39 accidents there.

A crash on I-95 near Northwest 119th Street left one child dead and four people injured.

As reported by the Sun Sentinal The car accident happened shortly after 9 p.m. near Northwest 135th Street when a Chevrolet Camaro traveling at a high rate of speed hit the back of a Toyota. After impact, the Toyota caught fire.

FHP spokesman Alex Annuziato told the Sun Sentinal that a woman and two young children inside the Toyota were taken to Jackson Memorial Hospital's Ryder Trauma Center, where the 4-year-old died, and that a male and a female from the Camaro also were taken to Jackson Memorial Hospital.

Continue reading "Child Killed In I-95 Crash After Car Catches Fire" »