The cause of the crash in under investigation by the National Transportation Safety Board, FAA and Acadia Parish Sheriff’s Office.

Entrapment and strangulation can occur, especially to infants younger than 12 months of age, when a child is not harnessed. An infant can pass through the opening between the stroller tray and seat bottom, but his/her head and neck can become entrapped by the tray. Infants who become entrapped at the neck are at risk of strangulation.

The recall involves older versions of the Graco Quattro Tour™ and MetroLite™ strollers and travel systems manufactured prior to the existence of the January 2008 voluntary industry standard which addresses the height of the opening between the stroller’s tray and the seat bottom. This voluntary standard requires larger stroller openings that prevent infant entrapment and strangulation hazards.

This recall involves Graco Quattro Tour™ strollers and travel systems manufactured prior to November 2006 and MetroLite™ strollers and travel systems manufactured prior to July 2007. The strollers and travel systems were distributed between November 2000 and December 2007. The model numbers are printed on a label at the lower portion of the rear frame, just above the rear wheels or underneath the stroller. The name “Graco” appears on a label on the stroller tray and the headrest. Models included in the recall are:

Quattro Stroller
$100-$190
Distributed Between
Nov 2002 – Dec 2007

Model Numbers: 35735, 35759, 7111ASB, 7111BKW, 7111CLN, 7111CUN, 7111DIA, 7111HEA, 7111HIG, 7111LAG, 7111KSH, 7112CNP, 7112MTR, 7113CJR, 7113CMR, 7113COT, 7119GGG, 7119WSR, 7121MAY, 7125QST, 7126RNS, 7127LEG, 7132RXY, 7134SMB, 7138RNS

Quattro Stroller Travel System
$200-$250
Distributed Between
Oct 2002 – Oct 2007

Model Numbers: 35760, 7411ATR, 7411BGN, 7411BGN2, 7411BLB, 7411KBK, 7411KBK2, 7411LV, 7411MCH, 7411MCH2, 7411MLY, 7411MLY2, 7419LIM, 7419LIM2, 7419OWD2, 7B00BDA, 7B00DRB, 7B00KAS, 7B01MNS, 7B03CST2, 7B03LTC2, 7B03TFE2

MetroLite Stroller
$90-$190
Distributed Between
Nov 2000 – Dec 2007

Model Numbers:1104, 1240, 6110DW, 6110F3, 6110S7, 6110TS7, 6111FKB, 6111VIN, 6113SCR, 6114HAV, 6114JAM, 6114LAG, 6114NGS, 6116NRF, 6120SHL, 6121CJG, 6121CNP, 6121GGG, 6121MTR, 6123EME, 6124LRD, 6125SMB, 6J01DAI, 6J01HRL, 6J03RIT, 6J04JEN, 6J05MIN

MetroLite Travel System
$190-$250
Distributed Between
Dec 2000 – June 2005

Model Numbers: 1070, 7000KSB, 7308DEL, 7308DEL2, 7308DEL4, 7308TYR, 7308TYR2, 7406PLT, 7408MRT, 7409GRG, 7410CON, 7413CML, 7413MRN, C7413CML

Quattro and MetroLite strollers ending with the number 3 are NOT affected by this recall.

The strollers were sold at AAFES, Babies R Us, Burlington Coat Factory, Fred Meyer, Kmart, Meijers, Navy Exchange, Sears, Target, Walmart and other stores nationwide between November 2000 and December 2007 for between $90 and $190 for the strollers, and between $190 and $250 for travel systems.

CPSC and Baby Matters are aware of one other incident in which an infant became entrapped when the Nap Nanny was used in a crib, contrary to the product instructions. In that incident, the infant fell over the side of the Nap Nanny®, despite being harnessed in, and was caught between the baby recliner and the side of the crib. The infant sustained a cut to the forehead.

CPSC and the firm have received 22 reports of infants, primarily younger than 5-months-old, hanging or falling out over the side of the Nap Nanny® despite most of the infants being placed in the harness. One infant received a bruise as a result of hanging over the side of the product.

Infants can partially fall or hang over the side of the Nap Nanny® even while the harness is in use. This situation can be worse if the Velcro™ straps, located inside the Nap Nanny® cover are not properly attached to the “D”-rings located on the foam, or if consumers are using the first generation model Nap Nanny® that was sold without “D”-rings.

In addition, if the Nap Nanny® is placed inside a crib, play yard or other confined area, which is not a recommended use, the infant can fall or hang over of the side of the Nap Nanny® and become entrapped between the crib side and the Nap Nanny® and suffocate.

Likewise, if the Nap Nanny® is placed on a table, countertop, or other elevated surface and a child falls over the side, it poses a risk of serious head injury. Consumers should always use the Nap Nanny® on the floor away from any other products.

The Nap Nanny® is a portable recliner designed for sleeping, resting and playing. The recliner includes a foam base with an inclined indentation for the infant to sit in and a fitted fabric cover and a three point harness. The first generation model of the Nap Nanny® can be identified by the absence of “D”-rings in the foam base. In second generation models, the harness system has “D”-rings in the foam base and Velcro™ straps inside the fitted fabric cover.

The recalled Nap Nannys® were sold at toy and children’s retail stores nationwide and online, from January 2009 through July 2010 for about $130.

The recalled product was manufactured in the United States and China.

Consumers with a first generation Nap Nanny® models, without “D”-rings, should stop using the recalled baby recliners immediately and contact the firm to receive an $80 coupon towards the purchase of a new Nap Nanny® with free shipping. Consumers with a second generation Nap Nanny® model, with “D”-rings, should immediately stop using the product until they are able to visit the firm’s website to obtain new product instructions and warnings. Consumers will also view an important instructional video to help consumers ensure the harness is properly fastened. Consumers who are unable to view the video or new instructions online, should contact the firm to receive free copies by mail. For more information, contact Baby Matters toll-free at (888) 240-4282 between 9 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s website.

The 18-wheeler, marked with the company name Texas International Express LLC, was traveling north about 5 miles north of Pearl River when its front left tire blew out, said Trooper Nick Manale, spokesman for State Police Troop L. The driver, Juan Torres, 37, of Montgomery, Texas, lost control of the rig, and the tractor-trailer rumbled across the median and struck the southbound pickup nearly head-on, police said. After impact, the pickup and 18-wheeler slid off the highway, coming to a halt in the treeline on the west side of the interstate, Manale said.

Troopers specializing in vehicle inspection were brought in to determine whether the 18-wheeler had all of the required equipment and whether that equipment was properly installed, police said. Federal Motor Carrier SafetyRegulations require an 18-wheeler driver to perform a pre-trip inspection and a end of the day report. A driver cannot operate a commercial motor vehicle until he has inspected his equipment including the tires for good working order.

§392.7 Equipment, inspection and use.

No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed:

Service brakes, including trailer brake connections.
Parking (hand) brake.
Steering mechanism.
Lighting devices and reflectors.
Tires.
Horn.
Windshield wiper or wipers.
Rear-vision mirror or mirrors.
Coupling devices.

[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38746, July 28, 1995]

The victim, a member of a 23-man crew employed by C&H Power Line Construction, was installing a utility pole when an unmarked gas line was nicked, triggering a massive fireball that consumed nearly 50 acres. The reverberation could be felt miles away from the explosion site, and heat from the blast melted the shoes of rescue workers, even after the fire was extinguished.

“The gas company is responsible for properly marking all of their underground pipelines. That didn’t happen, now a man is dead and several others were seriously burned,” said Richard Arsenault, whose law firm has teamed up in this matter with Mark Lanier.

The lawsuit alleges that Houston-based Enterprise Product Partners failed to properly mark the location of underground pipe, despite C&H’s request to do so. The Texas Railroad Commission confirmed that C&H had followed procedure and made the proper requests prior to the start of the construction. A full incident report is still 45-60 days away.

The victim suffered second and third degree burns to his back, neck and arms, which have resulted in serious damage to the muscle tissue. The concussion from the blast caused damage to his heart, lungs and internal organs, despite having been approximately 150 yards from the pipe at the time of the explosion. Several of the victim’s co-workers were also injured in the blast, including an Oklahoma man who died from his injuries.

“Plain and simple, this was a preventable tragedy,” said Arsenault, “and it’s troubling to see, time and time again, energy companies engaging in practices that play havoc with human lives as well as our environment.”

The sixth annual national test gauges driver knowledge by administering 20 questions taken from state Department of Motor Vehicles exams. Kansas drivers ranked first in the nation (82.3 percent average score); New York drivers ranked last (70 percent average score).

Overall, the test scores indicate a large number of licensed American drivers continue to lack knowledge of basic rules of the road. Eighty-five percent could not identify the correct action to take when approaching a steady yellow traffic light, and many remained confused by the appropriate safe following distances. Is it any wonder that car accidents, especially those involving serious injuries and fatalities continue to be a serious problem? With this number of ill-prepared drivers we certainly cannot expect insurance rates to decline anytime in the near future.

We need to wake up to these realities and formulate better training for young drivers, stricter testing for new drivers and elderly drivers with health issues, as well as re-training for drivers who have a record of causing multiple auto accidents which involve injuries to others.

The retailer is cooperating with the recall although the importer maintains the toy meets federal safety rules. Their attorney insists the toy is not unreasonably dangerous because “there really isn’t any reason for a child to put this plastic dart in their mouth” even though the company has known the toy was deadly for more than three years. The first child death occurred in late 2006 and Gordy was notified in January of 2007.

The CPSC sent a draft recall alert letter to Gordy’s attorney last September, but the company declined to recall the $1.50 toy. Because nearly all recalls are voluntary, the safety commission negotiates the wording of recall alerts with the manufacturers or importers to avoid forcing mandatory recalls which can result in lengthy court battles. Despite lengthy negotiations with Gordy, the importer continued to refuse to recall the toy so the CPSC turned to the retailer Family Dollar who voluntarily stopped selling it in January 2009.

This recall and one involving a different suction cup dart toy imported by OKK Trading Inc. which was linked to the 2007 death of a child in Texas has caused consumer advocates and toy industry officials to rethink their position regarding choking hazards in children older than three years of age. Rules generally are written with the idea that children over the age of 3 don’t put toys in their mouths.The committee that sets toy safety standards will now study which toys older kids put in their mouths. In the meantime, parents should immediately discard the Auto Fire toy gun dart sets and make sure their children stay away from any short, pliable toy darts with a suction cup end.

Preliminary investigation suggest that an 18-wheeler with a flat bed trailer was pulled over onto the shoulder of the road out of the lanes of traffic when an SUV that was proceeding east bound on the outside lane drifted off onto the shoulder and rear ended the 18-wheeler. The two occupants inside the SUV sustained life threatening injuries. The female passenger was airlifted to LSUMC where she was later pronounced dead. Her name has not yet been released pending notification of her family. The driver of the 18-wheeler was not injured.

The investigation should include why the 18 wheeler was on the shoulder of the interstate. Was it creating a danger for motorist? Did the 18 wheeler driver properly display warning devices for a his tractor/trailer on the shoulder? The Federal Motor Carrier Safety Regulation Part 392.22: “Emergency signals; stopped commercial motor vehicles”  require the 18-wheeler driver to take immediate steps to protect the motoring public. .

“This is one of the potential hazards associated with institutional dining settings…one tainted food handler or poisoned food item can contaminate a large number of people in a short amount of time,” said Attorney Richard J. Arsenault, who will be speaking on foodborne illness outbreaks at the upcoming American Association for Justice convention in Vancouver, British Columbia.

Arsenault’s firm, the Alexandria-based Neblett, Beard & Arsenault, has represented hundreds of foodborne illness victims throughout Louisiana and across the country.  The Firm has worked with many of the nation’s top food safety experts in some of the nation’s largest food poisoning outbreaks.

At Pineville’s Central State Hospital, patients and staff were sickened with “gastrointestinal symptoms” around Friday, May 7^th at 6:30am, by Saturday morning, 3 victims were dead and several more hospitalized.  Each of the victims reportedly ate chicken salad before developing symptoms.

“The health agencies are investigating what might have gone wrong at Central State.  They will be testing ingredients of the chicken salad that was served at the facility and reportedly eaten by the victims prior to the on-set of the illnesses,” added Attorney Richard J. Arsenault.

Investigators believe that the outbreak was limited to an isolated incident at the hospital.  Central State Hospital’s kitchen will remain cordoned while the investigation continues.  Health agencies are also anticipating receiving the autopsy reports for the three victims and other laboratory results within a few days.

“According to CDC estimates, foodborne illness is responsible for over 5000 deaths in America every year,” added Arsenault “that number of victims is just unacceptable when we are dealing with illnesses that are for the most part preventable.”

Emergency rescuers could not get close because the flames were too hot. The police officer and his cousin who was also killed were in the SUV. Investigators also mistook the SUV for a small car. Also killed were the drivers of the 18-wheelers. The driver of the broken down 18-wheeler on the shoulder was asleep in the cab and not injured. He was cited for failure to properly display warning devices for a disabled vehicle on the shoulder. The Federal Motor Carrier Safety Regulations require the 18-wheeler driver to take immediate steps to protect the motoring public. Part 392.22: Emergency signals; stopped commercial motor vehicles.

In compiling the statistics, Reader’s Digest used the most recent federal data and measured highway and bridge conditions, congestion, and safety. There was good news in that states were found to be spending more money to build and maintain their roadways and, in fact, highway fatalities are decreasing. However, even with a decrease, more than 37,000 Americans died in automobile accidents in 2008. This number is more than double the number of people who die from homicides each year of which we are constantly reminded. Most of us are unaware of the vast number of automobile accidents that result in serious injuries, damages, and fatalities occurring as a result of defective roads.

In Louisiana, we constantly hear that our roads are bad because we do not have enough money for construction and repair. We also hear that same litany in regards to our educational system wherein we are told that our disproportionately high number of drop-outs and illiterate children stem from a lack of finances. It is time that we in Louisiana start prioritizing what is important to ourselves, our communities, and our state. We need to be pro-active and demand accountability for the roads and schools in our area and the state. We need to get involved as individuals and communities.

I have seen first-hand how one involved person can make a difference. I recently represented an individual in regards to a highway defect case in which the defendant driver, traveling from Texas through our state, hydroplaned into my client’s car, causing serious and permanent injuries to my client. After investigating the roadway, it was obvious that there were ruts in the highway and no proper runoff. Water accumulated in the ruts during wet weather. Further investigation revealed that there had been many accidents on that particular stretch of roadway. The roadway was simply defective, dangerous and in need of repair.

While roadways are expensive to repair, there are simple things that can be done to warn motorists and thereby reduce accidents and even fatalities. In this case, an individual who lived in the area sent an email to the individuals in charge of mending the roadway and advised of the dangerous condition of the roadway and his concern for not only his family but for anyone traversing the area. It was not long after that email that a warning sign was posted. While it was too late to help my client, there is no telling how many families have been spared, funerals have been put on hold, and serious injuries avoided as a result of that simple sign.

While sometimes a lawsuit puts entities on notice to make changes, it is usually instituted after damage has been done. When a citizen like you or me takes the time to notify someone of a problem, it can make a major difference. I therefore urge you to talk to your legislators and your local officials. Advise them of any dangerous roadways in your area and voice any ideas or recommendations you may have. Help Louisiana lose the title “Worst Roadways in America.”

I also encourage you to stand up and speak out on educational issues that affect our children and therefore our future in this state. As Dr. Seuss says, “Unless someone like you cares a whole awful lot, nothing is going to get better. It’s not.”

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) and Health Canada (HC), in cooperation with Infantino LLC, of San Diego, Calif. are announcing a free replacement program for the Infantino “SlingRider” and “Wendy Bellissimo” infant slings. One million of these infant slings are being recalled in the United States and 15,000 are being recalled in Canada. CPSC advises consumers to immediately stop using these slings for infants younger than four months of age due to a risk of suffocation and contact Infantino for a free replacement product.

CPSC is aware of three reports of deaths that occurred in these slings in 2009; a 7-week-old infant in Philadelphia, Pa.; a 6-day-old infant in Salem, Ore.; and a 3-month-old infant in Cincinnati, Ohio.

The Infantino “SlingRider,” is a soft fabric baby carrier with a padded shoulder strap that is worn by parents and caregivers to carry an infant weighing up to 20 lbs. “Infantino” is printed on the plastic slider located on the strap. “Infantino,” “SlingRider” and the item number are printed on the instruction/warning label inside the baby sling carrier. “Wendy Bellissimo” branded sling carriers were sold exclusively at Babies “R” Us and have a sewn-in label on the inside of the sling strap that says in part “Wendy Bellissimo Media, Inc.” and lists Item numbers 3937500H7 and 3937501H7.

Infantino LLC sold the slings in the United States and Canada from January 2003 through March 2010 at Walmart, Burlington Coat Factory, Target, Babies “R” Us, BJ’s Wholesale, various baby and children’s stores and other retailers nationwide, and on the Web at Amazon.com, for between $25 and $30.

The product was manufactured in China and Thailand.

Consumers should stop using the recalled slings immediately and contact Infantino to receive a free replacement product, with a choice of a Wrap & Tie infant carrier, or a 2 in 1 Shopping Cart Cover, or a 3 in 1 Grow & Play Activity Gym. A Jittery Pals Rattle will also be provided. Contact Infantino toll-free at (866) 860-1361 between 8 a.m. and 4 p.m. PT Monday through Friday, or visit the firm’s Web site at www.infantino.com.

Reid’s wife was a passenger in her daughter’s van and suffered a broken neck, back and nose requiring surgical intervention. The crash occurred on a heavily traveled section of Interstate 95 in Fairfax County, VA, just South of Washington, D.C. According to a statement by the Virginia State Police, as Sen. Reid’s daughter was driving a 2005 Honda Odyssey, she began breaking for traffic, and the 18-wheeler struck the rear of her van and forced her into the rear of the car in front pushing the vehicle into the next lane, where it struck another vehicle.

P.A.M. is short for the company founder’s initials, but has also been reported to stand for “Pretty Awesome Mileage.” It has a fleet of about 1769 tractors and 4,500 trailers.

The FMCSA is currently holding public sessions regarding the hours of duty and drive time of an 18-wheeler driver on our highways. The result of these 80,000 pound big rig collisions, in the greater percentage of time, the people in the car are going to be seriously injured or killed.

Here the 18-wheeler took out 3 vehicles. The number of 18-wheelers on our highways seems to be increasing. Every time you are on the highway you find yourself next to an 18-wheeler. Safety of the motoring public require limitations on the duty and drive time hours of these big rig drivers to prevent fatigue, falling asleep at the wheel, and traveling to close between the car in front to stop and prevent a rear-end catastrophe.

We wish the Senator’s wife a speedy recovery.

The owner of the bus company, Cayetano Martinez of Los Angeles, had previously been shut down by FMCSA, only to attempt to “reincarnate himself as a new carrier” and unsuccessfully attempted to gain U.S. Department of Transportation operating authority under a new name. “Martinez has shown a persistency and determination to continue operating under new entities and business,” the complaint states. The consent decree also prohibits Martinez, or any affiliated company, “from contracting with or arranging for additional transportation of passengers unless the contracted motor carrier possesses valid operating authority registration from FMCSA.”

The safety of the motoring public and the bus passengers demand enforcement, shutting down, and removal of unauthorized motor carriers from the interstate roads before such a tragedy.

Here is the official press release from the FMCSA:

Illegal Interstate Bus Company Is Ordered to Cease All Operations Immediately FMCSA Obtains Emergency Action to Shut Down Carrier

WASHINGTON, D.C. – Following an emergency request by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA), the United States District Court for the Central District of California on Saturday ordered the owner of Tierra Santa Inc, the illegal bus company involved in a March 5 fatal crash near Phoenix, Arizona, to immediately cease all interstate and international passenger service.

The carrier ceased operation on the evening of Friday, March 5 at the demand of FMCSA. Saturday’s order makes that shutdown enforceable by the Court.

FMCSA’s complaint states that the owner of the bus company, Cayetano Martinez of Los Angeles, had previously been shut down by FMCSA, only to attempt to “reincarnate himself as a new carrier” and unsuccessfully attempted to gain U.S. Department of Transportation operating authority under a new name.

“Martinez has shown a persistency and determination to continue operating under new entities and business,” the complaint states.

The consent decree also prohibits Martinez, or any affiliated company, “from contracting with or arranging for additional transportation of passengers unless the contracted motor carrier possesses valid operating authority registration from FMCSA.”

The consent decree does not absolve Martinez from possible future civil penalties by FMCSA for violations of federal motor carrier safety regulations.

“It is absolutely essential that unsafe carriers like this one be taken off the road,” said U.S. Transportation Secretary Ray LaHood. “Safety is our number one priority at the Department of Transportation and we will not rest until this accident has been fully investigated.”

“FMCSA investigators are working tirelessly so that we can prevent such a senseless loss of life from happening again,” said FMCSA Administrator Anne S. Ferro. “We thank the United States Attorney’s Office for their outstanding partnership in bringing this emergency action forward so quickly.”

A review of past headlines illustrate the vast number of defective products that have caused a multitude of injuries and cost Americans dearly: Bridgestone and Firestone tires, prescription drugs Vioxx, Baycol and Halcion, dietary supplement ephedra, medical devices like Guidant defibrillators, Medtronic pacemaker leads,and  Dalkon Shield; silicon breast implants, asbestos, and tobacco products just to name a few. Litigation has resulted in recalls of numerous products including Ford Pinto and Explorer, Chrysler minivans, baby cribs and strollers and infant car seats, children’s Tylenol, flammable clothing, birth control medication and devices, tainted food products, and the most recent Toyota vehicles causing unintended acceleration just to name a few.

Aviation litigation has resulted in a drastic drop in the number of crashes and deaths involving aircraft. According to the Consumer Federation of America, there has been a dramatic change in the rate of accidental deaths and injuries since the enactment of products liability laws and stiffer regulation. As a result they estimate that approximately 6,000 deaths and millions of injuries have been prevented on an annual basis.

People are powerless to protect themselves against defective products and the harm they cause without these laws and regulation, as well as the courageous attorneys willing to take on the manufacturers. Beware of the political hue and cry for so-called “tort reform” by business interests and insurance companies trying to gut these important safeguards. Those who support such disingenuous political initiatives just may end up being the victim of a dangerous product without legal recourse to compensate them for the resulting injuries.