Secrets that are kept from a jury in a personal injury case

I just posted an article in the Library section (find it here) about secrets that are kept from a jury in a personal injury case. Very interesting.

INSURERS MAINTAIN RECORD PROFITS IN 2007

From Consumer Federation of America: INSURERS MAINTAIN RECORD PROFITS IN 2007 BY OVERPRICING POLICIES AND UNDERPAYING CLAIMS --Anti-Consumer Practices Also Lead to Bloated Surplus and Reserve Levels-- State and national consumer organizations joined the Consumer Federation of America (CFA) today to release a new study concluding that the property/casualty insurance industry continued in 2007 to systematically overcharge consumers and reduce the value of home and automobile insurance policies, leading to profits, reserves, and surplus that are at or near record levels. The study estimates that insurer overcharges over the last four years amount to an average of $870 per household. The report provides extensive data demonstrating that property/casualty insurance companies are paying out lower claims in relationship to the premiums they charge consumers than at any time in decades. The pure loss ratio, the actual amount of each premium dollar insurers pay back to policyholders in benefits, was only 54.6 cents in 2007. Over the past 20 years, the amount paid back as benefits has dramatically declined from over 70 cents per premium dollar, indicating a huge loss in the value of insurance to consumers. “Consumers ultimately pay the price for the unjustified profits, padded reserves, and excessive capitalization that exist right now in the insurance industry,” said J. Robert Hunter, the Director of Insurance for the Consumer Federation of America (CFA) and author of the study. Hunter is an actuary, former state insurance commissioner, and former federal insuranceadministrator. “The insurance industry reaped record profits in 2004 and 2005, despite significant hurricane activity,” said Hunter. “Profits in 2006 rose to unprecedented heights and 2007 may set a fourth consecutive profit record,” he said. “Unfortunately, a major reason why insurers have reported record-high profits and low losses in recent years is that they have been methodically overcharging consumers, cutting back on coverage, underpaying claims, and getting taxpayers to pick up some of the tab for risks the insurers should cover,” said Hunter. In the last several years, insurers sharply increased premiums for homeowners and commercial insurance and reduced or eliminated coverage for tens of thousands of Americans in coastal areas. Insurers have succeeded in convincing Congress to continue taxpayer subsidies for terrorism losses and are seeking additional subsidies for catastrophe insurance. Using a number of common measures of financial health, the study finds that balance sheets for property/casualty insurers are in better condition overall than at any time in history. ***So any time you hear about an insurance company having to raise rates by blaming lawsuits and trial lawyers, just think of this post and know that it's a bunch of BS.

Paper Magic closing ‘devastating’

This is an article from The Daily Review re. the closing of a plant in Troy, Pennsylvania called Paper Magic. It employed 63 people. Although the Company said that some of the people will be offered jobs in Danville, that's quite the drive from Troy. It will have a big impact on the economy in Troy. I have had several workers' compensation cases against Paper Magic over the years. Employees who are suffering from work related injuries and are on light duty should contact an experienced workers' compensation lawyer as soon as possible. If you're laid off while on light duty due to a work related injury, your medical benefits should be immediately reinstated.

We Write Letters....

This is great.....from Philly.com: Lawyers who do good I have to applaud lawyer Mark Tanner for his passion in exposing the administrative failures and lack of responsibility to consumers, both adult and juveniles, in his recent op-ed on faulty products. Mr. Tanner happily supports the need for a vigilant civil-justice system. It is obvious that without it, we'd still be driving Pintos on Firestone tires crashing into buildings with asbestos, perpetuating genocide. While lawyers have been the butt of bad jokes and unfair stereotyping, there are lawyers like Mr. Tanner who are making a difference and deserve thanks. Incidentally, I am not a lawyer. Russell Kolins, Philadelphia

Canton man killed in crash

From The Daily Review: A Canton man was killed in a motor vehicle accident early Sunday in Tioga County, Pa., a deputy coroner and state police said. Brent D. Woodward, 31, of Canton was driving east on state Route 414 at 2:18 a.m. Sunday when his vehicle crossed the roadway for an unknown reason, police said. Woodward’s vehicle traveled down an embankment and across a ditch and became airborne, state police from Mansfield said. The vehicle, a 2000 Ford Ranger TK, then rolled over several times before coming to rest in a field, police said. Woodward was pronounced dead at the scene at 3:15 a.m. by Tioga County Deputy Coroner Lisa Lindquist, state police said. Woodward died from blunt force head and neck injuries, she said. Woodward was not wearing a seat belt at the time of the accident, state police said. The Canton Fire Department assisted at the scene. ***Another example of someone who probably would have walked away from that crash had he worn his seat belt. WEAR YOUR SEATBELTS POEPLE!!

Roller Shoes...

I read an article recently about these “roller shoes” that kids are wearing now. According to the Consumer Products Safety Commission, from September 2005 and December 2006 there were at least 64 reported roller shoe related injuries and one possible death related to the wearing of these shoes. If you don’t know what I’m talking about, they are basically sneakers that have little wheels inserted in the bottom of them so that kids can walk or roll around on them like they are on a skate board. Two recent studies confirm that roller shoes cause serious injuries. In a study of children treated at a hospital in Ireland , researchers found that over a two week period during the summer of 2006. Sixty-seven children suffered orthopaedic injuries while using the Heelys brand or another type of roller shoe called Street Gliders. 87% of the children sustained upper limb trauma, with broken wrists being the most common type. Further, none of the children in the study were wearing protective gear at the time of the injury. The reason I am posting this is that I just saw a kid scooting around Wal-Mart with these things and he almost fell. And of course, my initial thought was “there's a lawsuit waiting to happen.” And now today I read an article linking a rash of injuries to these roller shoes. Food for thought next time your kid is begging for a pair of "roller shoes."

John Edwards "hearts" Greedy Corporations...NOT

John Edwards capped his Iowa transformation from 2004's sunny optimist to 2008's fiery populist Wednesday night, urging a caucus-eve crowd of 3,000 to take back "our democracy" from greedy corporations. Gee....where have I seen that before.....I think that Edwards character is stealing my material.

Supreme Court Reverses Itself

In an opinion modifying its earlier decision in Sackett v. Nationwide Mutual Insurance Co., the state Supreme Court has ruled the addition of a new car to an existing insurance policy does not require the insurer to obtain a new stacking waiver. This is a blow to the good guys in white hats. When you read the decision, it almost feels like the whole system is fixed against the average joe/jane. Here's a linky to the decision. It's depressing.

Pa. High Court: Murder Spree is Single Event under Home Insurance Policy

In Baumhammers v. Donegal Mutual Ins. Co., the Pennsylvania Supreme Court ruled an insurance company can be required to defend policyholders accused of negligence in the aftermath of a deadly shooting spree conducted by the policyholders’ son. PaAJ member Arthur L. Bugay of Galfand Berger, LLP in Philadelphia wrote the Amicus brief in the case. Here's a link to the story in InsuranceJournal.com.

A sad story about the greed of insurance companies that you won't find in the main stream media.

Meal-delivery agencies provide a valuable service. They provide hot, nutritious meals and daily human contact to those who have trouble getting out of the house, shopping, and cooking for themselves. Most of their employees and volunteers are caring people who understand the value of what they provide. Anne Keipper lives in Brookfield, Wisc. At 81 years old, she depends on delivered meals. And surely her delivery agency knew -- as one of its clients -- that she probably couldn't shovel snow from her driveway each winter. She does go out of her way to have someone else plow it out so that others can reach her door, however. On February 2, 2004, Keipper recalls, "There was a little bit of ice, not much at all," left on her driveway after it was plowed. When Dolores Tanel arrived to deliver her meal that day, Tanel slipped on what little ice was left. She was hurt badly enough that another member of the delivery team called an ambulance. Keipper heard nothing else about the incident for a long time -- until Sentry Insurance Company sued her. Stereotypically, the legal system is abused by opportunists trying to cash in against "deep pocket" companies. This time, the "deep pocket" is the plaintiff's. Even Tanel -- the woman who was injured -- didn't want to sue, but Sentry dragged her into the lawsuit as an "involuntary plaintiff." Sentry, not Tanel, is the driving force in this case. According to the complaint, Tanel received worker compensation benefits after her injury. As Tanel's employer's insurance company, Sentry wants Keipper, the homeowner, to reimburse it for the benefits it had to pay to Tanel. Insurance companies perform risk analysis before issuing a new policy. Their premiums are calculated based on their assessment of the potential injuries they might have to pay for and the likelihood that various kinds of injury will occur. When Sentry chose to insure the meal-delivery agency, Sentry knew it was doing business in Wisconsin and that its clients were people who wouldn't be able to shovel snow and scrape ice. Despite knowing these risks and collecting profitable premiums, Sentry wants to shift its costs to Anne Keipper, even though there's no outrageous negligence on her part. Keipper is understandably upset. "It makes me mad because it wasn't my fault." On the day of the accident, she noticed that Tanel hadn't taken the simple precaution of wearing boots. "What I remember seeing," she told a reporter, "is that she had red shoes on, not boots." Fortunately for Keipper, it appears she had her own insurance policy, with Acuity of Sheboygan. Normally, a homeowner's insurer will pay the cost of defending such a lawsuit and pay for a settlement or judgment against the homeowner (up to the policy limit). However, Acuity is apparently named as a separate defendant in the lawsuit. So it's unclear if Acuity is providing a defense for Keipper and if it would pay a judgment against her. And Keipper, the 81-year-old who relies on meal delivery, just might be left with nothing. ***This is a good example of what insurance companies are really about. You're NOT in "good hands" nor do you have "good neighbors" with these companies. Here's a link to the story.

No More Lead in Toys....thanks to a Democractic Congress

The House passed legislation yesterday that would ban lead from children's products, require toy testing by independent labs, and boost funding for the Consumer Product Safety Commission over the next several years. But the Senate left without taking up that bill or a version passed by a Senate committee in October, making it less likely that toys sold next year will be affected by any regulatory changes. More information from WashingtonPost.com here.

Judge erred in awarding damages in case when jury decided not to, state court rules.

From The Times Leader: WILKES-BARRE – A Luzerne County judge abused his discretion when he vacated a jury’s verdict and awarded a woman $1 million in a civil case, the state Superior Court has ruled. A three-member panel of the court on Monday said it could see no reason why Judge Michael Conahan took the highly unusual step of overriding the ruling of a jury, which opted not to award any money to Linda Ferris of Plymouth. Ferris filed suit in 2003 against Dr. Asit Patel of Tunkhannock, alleging he improperly disclosed medical information about her to two of his friends who were being sued by Ferris for injuries she suffered when she fell down steps at their restaurant, The Beaumont Inn. Ferris claimed Patel, her physician, violated her privacy by providing James and Elizabeth Harkins a report in which he questioned the legitimacy of Ferris’ complaints of constant pain. At the time, Ferris was trying to negotiate a settlement of the lawsuit she filed against the Harkinses related to her fall. The suit against Patel alleged his revelation damaged her case against the restaurateurs and delayed its resolution. The Patel case went to trial in April 2005 and a jury found Patel liable on several legal counts, including breach of contract and invasion of privacy. The panel awarded no monetary damages, however, because it determined Patel’s actions were not the reason the resolution of the other case had been delayed. Ferris’ attorney, Tim Lenahan of Scranton, filed a court motion asking Conahan to enter a “judgment notwithstanding the verdict,” a legal action that allows a judge to vacate a jury’s verdict in cases in which the jurist believes the evidence clearly supported a different outcome. Dominick J. Georgetti, one of Patel’s attorneys, said it is “extremely rare” for a judge to grant such a motion. Appellate courts have held such a motion is warranted in only the most egregious cases in which the evidence overwhelmingly supports a contrary verdict. Nevertheless, Conahan ruled in Ferris’ favor and awarded her $500,000 in compensatory and $500,000 in punitive damages. In his appeal to the Superior Court, Patel argued Conahan had no factual basis upon which to take the action. While continuing to deny he violated Ferris’ rights, Patel maintained there was significant evidence to support the jury’s verdict that his actions did not delay resolution of her personal injury suit against the Harkinses, which was settled for $945,000. Patel noted representatives of the insurance company that handled the injury claim had testified the resolution was held up by several factors, including an adverse worker’s compensation decision against Ferris. The Superior Court agreed. While noting there was conflicting testimony, the court said Conahan had failed to explain what evidence he saw that justified vacating the jury verdict – an action the court said is done only in the most “drastic” cases. The panel cited a prior Superior Court decision, which stated a judge “may not grant a motion for judgment not withstanding the verdict simply because he or she would have come to a different conclusion.” The court reversed Conahan and directed the jury verdict of zero damages be reinstated. Lenahan said Tuesday he believes there are several issues the court failed to address in its opinion. He said he plans to file court papers asking the court reconsider its ruling. ***This is an example of a Judge not liking the defendant very much...

7 Medical Myths Even Doctors Believe

Interesting article from YahooNews.com. Makes you think what else doctors think that isn't actually true. Here are the seven myths: Myth: We use only 10 percent of our brains. Fact: Physicians and comedians alike, including Jerry Seinfeld, love to cite this one. It's sometimes erroneously credited to Albert Einstein. But MRI scans, PET scans and other imaging studies show no dormant areas of the brain, and even viewing individual neurons or cells reveals no inactive areas, the new paper points out. Metabolic studies of how brain cells process chemicals show no nonfunctioning areas. The myth probably originated with self-improvement hucksters in the early 1900s who wanted to convince people that they had yet not reached their full potential, Carroll figures. It also doesn't jibe with the fact that our other organs run at full tilt. Myth: You should drink at least eight glasses of water a day. Fact: "There is no medical evidence to suggest that you need that much water," said Dr. Rachel Vreeman, a pediatrics research fellow at the university and co-author of the journal article. Vreeman thinks this myth can be traced back to a 1945 recommendation from the Nutrition Council that a person consume the equivalent of 8 glasses (64 ounces) of fluid a day. Over the years, "fluid" turned to water. But fruits and vegetables, plus coffee and other liquids, count. Myth: Fingernails and hair grow after death. Fact: Most physicians queried on this one initially thought it was true. Upon further reflection, they realized it's impossible. Here's what happens: "As the body’s skin is drying out, soft tissue, especially skin, is retracting," Vreeman said. "The nails appear much more prominent as the skin dries out. The same is true, but less obvious, with hair. As the skin is shrinking back, the hair looks more prominent or sticks up a bit." Myth: Shaved hair grows back faster, coarser and darker. Fact: A 1928 clinical trial compared hair growth in shaved patches to growth in non-shaved patches. The hair which replaced the shaved hair was no darker or thicker, and did not grow in faster. More recent studies have confirmed that one. Here's the deal: When hair first comes in after being shaved, it grows with a blunt edge on top, Carroll and Vreeman explain. Over time, the blunt edge gets worn so it may seem thicker than it actually is. Hair that's just emerging can be darker too, because it hasn't been bleached by the sun. Myth: Reading in dim light ruins your eyesight. Fact: The researchers found no evidence that reading in dim light causes permanent eye damage. It can cause eye strain and temporarily decreased acuity, which subsides after rest. Myth: Eating turkey makes you drowsy. Fact: Even Carroll and Vreeman believed this one until they researched it. The thing is, a chemical in turkey called tryptophan is known to cause drowsiness. But turkey doesn't contain any more of it than does chicken or beef. This myth is fueled by the fact that turkey is often eaten with a colossal holiday meal, often accompanied by alcohol — both things that will make you sleepy. Myth: Mobile phones are dangerous in hospitals. Fact: There are no known cases of death related to this one. Cases of less-serious interference with hospital devices seem to be largely anecdotal, the researchers found. In one real study, mobile phones were found to interfere with 4 percent of devices, but only when the phone was within 3 feet of the device. A more recent study, this year, found no interference in 300 tests in 75 treatment rooms. To the contrary, when doctors use mobile phones, the improved communication means they make fewer mistakes. "Whenever we talk about this work, doctors at first express disbelief that these things are not true," said Vreeman said. "But after we carefully lay out medical evidence, they are very willing to accept that these beliefs are actually false."

Snarky Letter to the Tort Reform Zombies

This is a funny letter to the American Tort Reform Association about protecting to poor, little, mom and pop multi-national corporations that are being picked on by lawsuits. "Some may say, “Hey, wait one gosh darn minute…these are huge corporate entities that reap vast profits and don’t care about anything else but the bottom line.” Pure poppycock. These companies are the real victims with real feelings and they need to be protected. Earning a bajillion dollars a year is not what is used to be. In today’s market a bajil is barely enough to buy groceries. Tobacco execs need to eat. Have these naysayers no soul? Thanks to you, mom and pop corps can eat instead of choosing between their medicine and their groceries. The world needs more defenders of freedom and seekers of justice like you." Yeah, this Exxon executive really needs to eat more. And why is it that Zombies must always eat brains instead of something like beans or cupcakes.....haven't figured that out yet.

Broken Seat Back Verdict

Jury issued a $3 million verdict against Ford Motor Co. for compensatory damages in a case in which a woman died when the seat back of her car broke when it was rear-ended in an accident. Read more about it here.

BABY VACCINE RECALL

Pediatricians rushed to stock up on a crucial baby shot yesterday, a day after vaccine manufacturer Merck announced it was recalling 1.2 million doses and suspending production. Read more about it here.

NEAR-FATAL ATTRACTION

This article from Philly.com is an example of why dangerous product recalls are good, but not good enough. Some times these products still get through to an unsuspecting public....then tragedy hits. ********** Benjamin's mother, Melissa Palmer of Drexel Hill, had never heard of the toy when her sister bought it for her older son, Andrew, for Christmas in 2005. "I immediately loved it because it occupied my oldest son forever," she said. "He had such an imagination that he'd build his own little worlds." But in March 2006, unbeknown to Palmer, the Consumer Product Safety Commission (CPSC) recalled the toy. Tiny magnets inside the plastic pieces were falling out and being swallowed by young children, which led to horrific consequences. To date, there has been one death, one incident of a child inhaling the magnets through the nose and 27 intestinal injuries reported in connection with the toy, said Scott Wolfson, CPSC spokesman. "These magnets are so powerful that if you place one on top of your finger and one on the bottom, they attach through skin and bone," Wolfson said. "That description alone speaks to the sheer power of these magnets." In April, the CPSC issued a second recall of the product, again unbeknown to Palmer. The toy remained in her house, occupying her elder son. On Nov. 3, young Benjamin began vomiting, but with no signs of a fever. Palmer thought he had a virus and kept him at home. For two days after he seemed fine, until one day he was unable to keep down food or move his bowels. Palmer, a nurse, rushed him to Bryn Mawr Hospital, where doctors discovered within 15 minutes that his bowels were obstructed and he had a massive septic infection. It would take a few more hours, an X-ray, an ultrasound and two CAT scans on the child to discover that two tiny magnets were the culprits. "I was scared to death. I didn't know what was going to happen," Palmer said. "Benjamin is the love of my life, my entire world, to not know if he's going to make it or not, it was hard." Two surgeons were rushed in from DuPont Hospital for Children in Wilmington to operate. Doctors discovered five perforations in his colon and one in his appendix. As a result, Benjamin's appendix and 6 inches of his colon were removed.

Lawyers vs. the Grinch

A great editorial from Philly.com by lawyer Mark Tanner: WHEN I WAS a kid, the only humbugs out to sabotage the holidays were a fictional green creature and a man named Scrooge. These threats to seasonal joy were easy to thwart: Just shut the books. Now, as a parent, there are dangers lurking on the shelves of malls and supermarkets that are causing us real concern as the holidays approach. Do chestnuts roasting on open fires carry E. coli? Is that dreidel, dreidel, dreidel made with lead? Hazardous products have turned the "season to be jolly" into the season to be wary. And it's not just toys. Over the last few months, pot pies were pulled due to salmonella contamination, frozen pizzas and ground beef because of E. coli, toys because of lead and choking hazards, cribs due to strangulation dangers and pajamas to burn risks. Halloween got even scarier when fake teeth and pails for carrying candy were recalled. A Florida toddler slipped into unconsciousness after ingesting toy dots that converted into the "date rape drug," but they're still being advertised in holiday fliers. Gamblers' odds got worse after some high-end poker chips were found to contain lead. If gifts are given based on good deeds, a lump of coal will rest in Nancy Nord's stocking. She's head of the woefully inept Consumer Protect Safety Commission, where only one person routinely tests toys - in a Maryland office so cramped the only place to drop them to see if they break into choking hazards is the space behind the office door. Another lone employee is in charge of inspecting the 15 million trailer-size containers that move through Los Angeles ports every year. He works just three days a week. In all, the commission has about 420 employees, a decrease of more than 50 percent since the 1970s. When Congress sought to give her more resources, Nord protested the doubling of her budget. She scoffs at those calling for her resignation but is fine with taking junkets paid for by toy-makers. (Perhaps a lump of coal's too generous.) The Food and Drug Administration isn't much better. While food imports have soared about 50 percent in the last five years, the number of FDA food-import inspectors has fallen about 20 percent. The FDA inspects just 1 percent of food imports. With government taking a back seat, it becomes clearer that the two institutions in our society left to protect consumers are the civil justice system and the news media. When a brave citizen teams up with a lawyer to challenge a company for manufacturing a dangerous product and that product is altered or removed from the market, all consumers benefit. In the 1970s, it was the Ford Pinto. In the '80s, it was asbestos. In the '90s, Firestone tires. AT THE START of this decade, BB guns were considered "toys" until a teenager was killed after a friend accidentally shot him in the head. Only when a suit was filed with the help of a Philadelphia lawyer did the public find out the manufacturer knew the guns had a deadly flaw but kept producing them anyway. As part of the settlement, more than 7 million of the guns were taken off the market, and an untold number of lives saved. What motivates a money-driven corporation to meet safety standards more, the threat of a lackadaisical government employee stumbling upon a faulty product, or a vigilant civil-justice system intent on protecting consumers by holding big businesses accountable? Even during "the most wonderful time of the year," the most powerful interests in our society continue their campaign to close courthouse doors and cripple civil justice, an institution that was created by the founding fathers in the Constitution. Let's not let the modern day Grinches on Wall Street take that away from us. * Mark Tanner is a board member of the Pennsylvania Association for Justice and president of the Philadelphia Trial Lawyers Association.

Cancer not linked to pollution in Towanda area

From The Daily Review: While Towanda’s zip code has a cancer occurrence rate that is higher than the state rate, scientific research on cancer does not support the idea that the elevated rate is due to pollution in the environment, a state public health official said. “There is nothing about the cancer rates (in the Towanda area) that suggests that environmental pollution is contributing to the rates,” said Gene Weinberg, director of the Division of Community Epidemiology at the Pennsylvania Department of Public Health. Weinberg said he had been studying the cancer rates in the Towanda area during the past two weeks. He said he was prompted to undertake the study after The Daily Review quoted an environmental activist on Nov. 8 as stating that the cancer rate in Towanda’s zip code is significantly higher than the state rate. The activist, Towanda resident Diane Siegmund, was among a group of citizens who expressed concerns at the Nov. 8 meeting of the Bradford County commissioners that pollution from industrial plants and sites in the Towanda area is causing cancer and other health problems. While the combined cancer rate in Towanda’s zip code, which is the total number of cancer cases per year, is approximately 20 percent higher than the state rate, that is not an unusual phenomenon, Weinberg said. “We see variations of 20 percent all the time” from the state rate, he said. “I don’t really see a reason, based on the numbers (cancer rates) that should generate any extra concern about cancer” in Towanda’s zip code, he said. However, there are steps that local residents can take to address their cancer risk, such as getting screenings for cancer and making lifestyle changes, he said. Weinberg said there were limitations to his analysis of the cancer rates in the Towanda area, because he did not have specific information about the types of pollutants that people might have been exposed to, nor their level of exposure. However, Weinberg did make a number of statements about cancer in the Towanda area, based on information such as the numbers of cases reported for all the different types of cancer, and the risk factors for those types of cancer. Weinberg, who has a Ph.D. in epidemiology, said that he looked at the cancer rates in Towanda’s zip code — 18848 — and in six zip codes that border Towanda’s zip code, namely Monroeton, East Smithfield, Ulster, Troy, Wysox, and Sugar Run. Weinberg said he looked at cancer data from the years 1996 through 2004, saying that examining nine years’ worth of data gives his study more validity. “It (the study) is adequate enough,” Weinberg said. “If something is unusual, then it will stand out.” The combined cancer rate for Towanda’s zip code is a composite rate that takes into account the cancer rates for every specific kind of cancer, Weinberg said. If the combined cancer rate in a zip code is high, it is because there are elevated rates for one or more specific types of cancer within the zip code, he said. However, there are only three types of cancer that stand out as elevated in the Towanda zip code, and the risk factors for those cancers “do not appear to be at all related” to environmental pollution that one would normally encounter in daily life such as, for example, pollution in the air outdoors or in drinking water, he said. The three types of cancer that are elevated in Towanda’s zip code are prostate cancer, male urinary bladder cancer, and melanoma of the skin, Weinberg said. “These three cancer rates appear a little higher than what we would expect through normal variation (in cancer rates), but the risk factors for those cancers do not appear at all related to the ambient environment,” he said. The ambient environment is the environment that citizens would encounter in their daily routines, such as the air they breathe outdoors and the water they drink, he said. Other than the three elevated types of cancer, the cancer rates for all of the other types of cancer in Towanda’s zip code “don’t vary significantly from the statewide rates” for those cancers, Weinberg said. The primary risk factor for melanoma of the skin is exposure to sunlight and ultraviolet radiation, as well as certain pre-existing skin conditions, such as freckles, Weinberg said. The main risk factor for male urinary blader cancer is smoking, which causes 40 percent of the cases, Weinberg said. The second most important risk factor for male urinary bladder cancer is exposure to certain chemicals on the job, he said. However, the exposure to the chemicals would have had to have been in a work setting, and not from one’s general, ambient environment, he said. Prostate cancer rates “can vary tremendously” from one community to another depending on the amount of screening that is done for the disease, Weinberg. An active screening program will turn up more men who have the disease, many of whom do not show symptoms, he said. Also, communities that have a larger-than-normal population of older men may have a higher rate of prostate cancer, since it is basically a disease of older men, he said. “The scientific literature (scientific research) at this time does not support the idea that the ambient environment is causing the variation in the cancer rate that we see between the community of Towanda and the statewide rate,” Weinberg said. After Siegmund and the other citizens expressed their concerns at the Nov. 8 meeting, the Bradford County commissioners agreed to form a county-wide task force that would look into environmental problems that may be affecting the health of local citizens. At the Nov. 8 meeting, Siegmund displayed a map that showed the cancer rates in the zip codes in Bradford County and several neighboring counties. The map was created by the Pennsylvania Department of Health, said Gregory Bogdan, an epidemiologist with the Department of Public Health. The map shows that three zip codes in Bradford County have cancer rates that are significantly higher than the state rate: the Milan zip code, the Rome zip code and the Towanda zip code. While the cancer rate in Towanda’s zip code is relatively high, it is not unusual, Bogdan said. “There is not a pattern of elevated cancer rates (a large number of elevated rates for individual types of cancer) in this community (Towanda’s zip code),” Bogdan said. “In general, it (the picture of cancer rates in Towanda’s zip code) is pretty normal compared to the state average.” “It is normal to see variations in cancer rates (among zip codes),” Bogdan said. “Some will be high and some will be low. And if you look at enough (zip codes), you will see some that are significantly high. That’s the way the data distributes itself.”

Woman remains in critical condition after car crash

From The Daily Review: Jean G. Libby of Towanda Township remained in critical condition Wednesday, a day after the car she was driving struck a utility pole in Monroe Borough. Libby, 62, had been driving east on state Route 414 when, for an unknown reason, her vehicle crossed over the center line and crashed into a utility pole on the berm of the westbound travel lane, police said. Libby was transported to Robert Packer Hospital by emergency medical helicopter after the crash, which occurred at 2:58 p.m. on Tuesday, state police said. Libby’s 2007 Chevrolet Cobalt had major damage on its passenger side, police said. The telephone pole is approximately 30 feet from the road’s intersection with U.S. Route 220. Libby was listed in critical condition at Robert Packer Hospital Wednesday night, a hospital spokesman said. Libby had been wearing a seat belt at the time of the crash, police said.

GE microwave recall

General Electric is recalling 92,000 microwave combo wall ovens due to fire hazard. The recall includes built-in units sold under the GE, GE Profile and Kenmore brands. The appliances were manufactured in the U.S. ***This relates to my many posts on the cause of fires. I believe many fires are under-investigated. And when it is determined that a defective product caused the fire, the injured parties don't contact an attorney to investigate whether they have a viable lawsuit. Here's a linky to the story from CNNMoney.com.

35 percent of toys contain lead, report says

From MSNBC.com: DETROIT - Tests on more than 1,200 children’s products, most of them still on store shelves, found that 35 percent contain lead — many with levels far above the federal recall standard used for lead paint. A Hannah Montana card game case, a Go Diego Go! backpack and Circo brand shoes were among the items with excessive lead levels in the tests performed by a coalition of environmental health groups across the country. Only 20 percent of the toys and other products had no trace of lead or harmful chemicals, according to the results being released Wednesday by the Michigan-based Ecology Center along with the national Center for Health, Environment and Justice and groups in eight other states. Of the 1,268 items tested, 23 were among millions of toys recalled this year. Mattel Inc. recalled more than 21 million Chinese-made toys on fears they were tainted with lead paint and tiny magnets that children could accidentally swallow. Mattel’s own tests on the toys found that they had lead levels up to 200 times the accepted limit. The Consumer Action Guide to Toxic Chemicals in Toys, which is available to the public at http://www.healthytoys.org, shows how the commonly purchased children’s products rank in terms of containing lead, cadmium, arsenic and other harmful chemicals. It comes in time for holiday shopping — and amid the slew of recalls. “This is not about alarming parents,” said Tracey Easthope, director of the Ecology Center’s Environmental Health Project. “We’re just trying to give people information because they haven’t had very much except these recall lists.” Easthope said 17 percent of the children’s products tested had levels of lead above the 600 parts per million federal standard that would trigger a recall of lead paint. Jewelry products were the most likely to contain the high levels of lead, the center said, with 33.5 percent containing levels above 600 ppm. Among the toys that tested above that limit was a Hannah Montana Pop Star Card Game, whose case tested at 3,056 ppm. The American Academy of Pediatrics recommends a level of 40 ppm of lead as the maximum that should be allowed in children’s products. Lead poisoning can cause irreversible learning disabilities and behavioral problems and, at very high levels, seizures, coma, and even death. A spokeswoman for New York-based Cardinal Industries Inc., which sells the Hannah Montana game, said Tuesday that Cardinal was unaware of the environmental groups’ tests or procedures but the product has passed internal tests. “We test every (product) before it ships numerous times,” Bonnie Canner said. “We have not tested this product high for lead.” Easthope said the product is manufactured in China. Canner declined further comment until she had more information. The center and its testing partners found The First Years brand First Keys, Fisher-Price’s Rock-a-Stack and B.R. Bruin’s Stacking Cups were among the 20 percent that contained none of the nine chemicals. “There’s a lot of doom and gloom about lead in the products — people only hear about the recalls,” said Jeff Gearhart, the Ecology Center’s campaign director. “Companies can make clean products. Our sampling shows that there’s no reason to put lead in a product.” Gearhart and Easthope said the products, while not necessarily representative of everything on the market, were considered among those commonly bought and used. Testers purchased most at major retailers such as Wal-Mart, Toys “R” Us and Babies “R” Us. The testing began in 2006 but most of the items were checked in the past six months, Gearhart said A look at how several popular toys fared in screenings for toxic chemicals by several environmental health groups. Toys with high lead content: — Tatiti Brush Your Teeth! Robot — Elmo’s Take-Along Card Games — Nick Jr. Go Diego Go! backpack — My Pasture Play Set — Hannah Montana Pop Star Card Game case Toys with no lead content: — The First Years First Keys — Fisher-Price Amazing Animals Hippo — B.R. Bruin Stacking Cups — Fisher-Price Rock-a-Stack — First Play Caterpillar Grasping Toy Source: Ecology Center, The Consumer Action Guide to Toxic Chemicals in Toys

Hazardous or Not, Vinyl Shares Lead's Taint

From The WashingtonPost.com: Just as consumers have crossed off their holiday shopping lists toys tainted with lead paint, another child-safety issue may become a season spoiler. Consumer and environmental groups say the alarm raised over lead is helping them in their campaign to turn public attention to vinyl, a possible source of exposure to chemical additives in consumer goods and toys, most of them imported. Discussion PolicyDiscussion Policy CLOSEComments that include profanity or personal attacks or other inappropriate comments or material will be removed from the site. Additionally, entries that are unsigned or contain "signatures" by someone other than the actual author will be removed. Finally, we will take steps to block users who violate any of our posting standards, terms of use or privacy policies or any other policies governing this site. Please review the full rules governing commentaries and discussions. You are fully responsible for the content that you post. For more than a decade, such groups as Greenpeace, the Center for Environmental Health in Oakland, Calif., and the Center for Health, Environment and Justice in Falls Church have been hounding regulators, manufacturers and retailers about taking polyvinyl chloride, a ubiquitous plastic commonly known as PVC, out of products. The plastic, versatile and cheap, has been used for decades in soft toys, building materials, medical products and countless other consumer goods. In some cases, lead, cadmium or other heavy metals are added to prevent deterioration. To give the plastic flexibility, phthalates, chemical additives, also go into the mix. "Lead is not the only dangerous chemical found in toys," said Rick Hind, legislative director for the Greenpeace Toxics Campaign. "The widespread use of vinyl plastic in toys exposes millions of children to additional toxic metals and additives such as phthalates." Greenpeace is a worldwide group of environmental activists headquartered in Amsterdam. Public interest groups want regulators and retailers to eliminate products that contain metals and toxic chemicals. They point to a 2005 ban imposed by the European Union on the use of phthalates in toys and children's products.