« May 2007 | Main | July 2007 »

June 26, 2007

Pools Pose Deadly Attraction

When 3-year-old Anthony Muniz drowned in a neighbor’s backyard pool here earlier this month, the tragedy was particularly piercing: Little Anthony had been named for his mother’s teenage brother, who died in his family’s pool years ago.

The fence that Anthony climbed over after slipping out of his Long Island home on June 6 was four feet tall, as required by the town where he lived, Brookhaven. An hour’s drive west, the fence would have had to be five feet in the town of Hempstead and six feet in North Hempstead. And the pool he drowned in, built about 30 years ago, was exempt from a new New York state law that requires alarms, but only for new or renovated pools.

swimmingpool.jpgThere are no national laws on pool safety. A bill to authorize federal grants to states that adopt stricter standards is being revised in a Congressional subcommittee after passing the Senate but falling short in the House last year.

In enacting the pool alarm law in December, New York joined Connecticut, which required alarms on new and renovated pools starting last year. New Jersey, like some other states, requires fences and self-closing, self-latching gates for new and renovated pools, and allows the option of secure covers, rather than an alarm, for hot tubs. Florida and California list alarms as one of several ways to meet their pool safety requirements.

And the Phoenix area, which suffered the highest rates of child drownings through the 1980s, with 34 children under age 5 dying in 1986, local officials found that prevention works. State and local laws enacted in the late 1980s required fences, gates and covers for pools, and community leaders embarked on a public education campaign that enlisted churches and utility meter readers, who check on their rounds to see that pool gates are closed. Fatalities dropped sharply — the rate of pool drownings for children under 5 in Maricopa County, which includes Phoenix, peaked at 19 per 100,000 in 1986 and fell to about 5 per 100,000 sometime after 2000, according to the Department of Health Services — despite a surge in population and the number of pools. Last summer, for the first time in decades, no children drowned.

U.S. Consumer Product Safety Commission (CPSC) reports there are about 260 drowning deaths of children younger than 5 each year in swimming pools, and a 2003 report by the American Academy of Pediatrics estimated that for each drowning, up to four more children suffer near-drownings serious enough to require hospitalizations, many resulting in permanent disability. In the metro Denver area, two children have drowned in swimming pools so far this summer.

For children under 5, pools account for far more drownings than bathtubs and natural bodies of water, according to the National Safety Council and the National Center for Health Statistics. Safety advocates have accused the pool industry of downplaying hazards and resisting regulation to avoid worrying consumers.

To reduce the risk of drowning, CPSC recommends adopting layers of protection, including physical barriers, such as a fence with self-closing, self-latching gates completely surrounding pools to prevent unsupervised access by young children. If the house forms a side of the barrier, use alarms on doors leading to the pool area or a power safety cover over the pool.

Pool alarms, invented more than two decades ago, come in various forms and range in cost from about $200-$300. The alarm floats in the pool or is mounted on its lip or nearby. Some sound whenever anyone passes through a door or gate to a pool area. Others detect motion near or in a pool. A special bracelet can trigger alarms when a wearer goes in the water.

It is important to always be prepared for an emergency by having rescue equipment and a phone near the pool. Also, all parents who own pools should learn cardiopulmonary resuscitation (CPR).

Last year, CPSC highlighted the growing dangers of the popular inflatable or portable pools, which range in size from small kiddie pools to pools up to 4-feet deep and 18-feet wide. Between 2004 and 2006, CPSC received 47 reports of deaths of children related to inflatable pools.

Large inflatable pools are relatively inexpensive – large pools with water filters can cost under $200. They often have slanted or flexible sides, which make it easier for children to climb into the pool even without a ladder present. These pools may fall outside of local building codes that require barriers, and are often purchased by consumers without considering the barriers, such as fencing, necessary to protect young children.

In addition to barriers and constant supervision, CPSC offers these tips to help prevent drowning deaths:

  • Since every second counts, always look for a missing child in the pool first. Precious time is often wasted looking for missing children anywhere but in the pool.

  • Don’t leave toys and floats in the pool that can attract young children and cause them to fall in the water when they reach for the items.

  • For above-ground and inflatable pools with ladders, remove or secure the ladder when the pool is not in use.

  • Even if children can swim, it doesn’t make them drown-proof. Always supervise children using the pool.

For more information about drowning prevention, read CPSC’s Swimming Pool Safety Alert (PDF), Safety Barrier Guidelines for Pools (PDF) and How to Plan for the Unexpected (PDF).

Also, CPSC recently updated its Guidelines for Entrapment Hazards: Making Pools and Spas Safer (PDF) http://www.cpsc.gov/cpscpub/pubs/363.pdf , which gives information on reducing drain entrapment dangers. CPSC recommends having a professional inspect pools and spas for entrapment hazards, and making sure appropriate drain covers are in place. Further information can be found at the CPSC website.

June 22, 2007

No Day in Court for Widow

The widow of a leukemia victim failed to persuade the Supreme Court Monday to consider allowing her to sue oil companies over her husband's exposure to a toxic chemical, a case her lawyer calls a legal "Catch 22" in Alabama.

The justices without comment declined to take up the case of Martha Jane Cline, who is trying to hold the companies accountable for her late husband's health problems. The U.S. Supreme Court rejected the case June 4.

poison.jpg
Jack Cline had filed a claim against Ashland Inc., Chevron Phillips Chemical and Exxon Mobil, the companies which made the benzene, claiming that the leukemia resulted from exposure to benzene at his factory job. But the Alabama Supreme Court ruled that he waited too long to sue, even though Cline didn't know he was sick until after the deadline to sue had passed. Mr. Cline died twelve days after the Alabama Supreme Court ruling.

Alabama courts have held there is a two-year window period to file a lawsuit from the last exposure to toxic chemicals, but they also have held there must be an injury before a lawsuit is filed. There was never a time when Cline, a longtime chemist, could have filed suit because the two-year deadline passed in 1989 and he wasn't diagnosed with the disease until 1999. See our blog Jack v. the Giant.

Robert Palmer, a lawyer in Birmingham, said the decision means people injured by exposure to hazardous chemicals in Alabama are virtually barred from filing suit since many illnesses take years to develop. He argued for Martha Cline, widow of Jack Cline, before the United States Supreme Court, attempting to persuade the high court that it should take up the case because it has long held that people must be given a reasonable amount of time to sue. The crux of the argument was that the Alabama high court ruling warrants review because it squarely conflicts with more than a century of U.S. Supreme Court precedents requiring civil litigants to be afforded a reasonable amount of time in which to file a lawsuit.

Cline's attorney, Robert Palmer, who has filed many suits in other states over exposure to toxic chemicals, said all other states have a time limit that begins when a person learns of an illness.

Alabama ranks 10th in the nation in the incidence of lung cancers and 16th in incidence of all cancers, the petition said. With many of these cancers attributable to exposure to toxic substances, many victims will find themselves locked out of the Alabama courts because of the state's last-exposure rule, Martha Cline said.

June 21, 2007

FDA Again Comes to Our Rescue

Officials from the U.S. Food and Drug Administration say they have dramatically boosted inspections of companies that harvest cadaver body parts for transplant, acknowledging weaknesses in government oversight of the multibillion-dollar human tissue industry that last year was rocked by scandal.

The FDA claims the inspections turned up no serious problems. But an internal task force report urges the agency to establish a method for tracking body parts from cadaver to transplant patient as well as other problems, but operators of accredited tissue banks and others familiar with the industry say the report doesn't go far enough to clean up the problem.

bignews.jpgThe targeted companies remove bones, tendons, cartilage, heart valves and other non-organ parts from corpses. These tissues are used in roughly 1 million medical procedures in the United States each year, many of them for routine knee and back surgeries.

If improperly screened and processed, these tissues can cause serious infections, including HIV or hepatitis, or even death in transplant recipients. Fears about the lax regulation of the industry arose after scandals involving two companies and the recall of thousands of tissues, many of which were already transplanted.

The FDA says it is reviewing the recommendations, which include:

— A tracking system that ends with the recipient of the transplanted tissue. Currently, the tracking requirement ends with the doctor or hospital that does the transplant. As a result, it has been difficult to warn patients who may have received improperly processed cadaver parts.

The agency says it is concerned over the legality of enforcing such a requirement, however legal critics argue the agency has the legal authority, but lacks “the backbone to do it."

— Requiring companies that use tissue parts to audit their suppliers regularly. In an interview the FDA's Dr. Jesse Goodman said his agency has reiterated to doctors and tissue banks that they are responsible for making sure that their suppliers comply with the law and are safe.

— Hiring a microbiologist to resolve scientific questions about tissue safety — such as what sterilization or treatment processes are best.

Experts in the field criticized the task force for not urging more, such as:

— Tightening standards for who can run a tissue bank, or require licensing or background checks. Under current regulations, even convicted felons could start such a business and would only have to register their intent with the FDA.

— Requiring inspections at the time a tissue handler first starts in the business.

— Limiting or banning retrieval of tissue at funeral homes. Many in the industry have urged such limits because non-sterile retrieval can increase the risk of germs being passed to recipients.

In the meantime, the FDA's Center for Biologics Evaluation and Research has inspected all 153 companies that remove tissue from cadavers. Future inspections would include some of the more than 2,000 companies that prepare the tissue for use by doctors.

In recent years, the FDA has never inspected more than a few hundred of these businesses on an annual basis.
Weaknesses in the industry came to light through recent scandals, the biggest involving Biomedical Tissue Services of New Jersey. The company's operator faces trial along with a former New York funeral home director on charges that they stole bodies and unlawfully dissected them unlawfully. Among the corpses that had body parts removed was Alistair Cooke, the 90-year-old former host of PBS' "Masterpiece Theater," who died of cancer. See our blog Cadaver Parts Become Growth Industry?

Seven funeral home directors have already pleaded guilty and tens of thousands of body parts removed by BTS were recalled. About 10,000 people are believed to have received tissues from the company.

A little unsettling when one considers this is the agency which can’t protect us from contaminated spinach or peanut butter…