Concerns about the safety of toys manufactured in China continued to grow today as seven (that’s right - SEVEN) separate recalls were announced today by the Consumer Product Safety Commission in the United States. Metal jewelry, puppet theaters, gardening tools and toy trains comprise this week’s “main attractions” at what has become weekly announcements of tens of thousands of affected products.

Although undoubtedly the store shelves will not be empty during the upcoming holiday shopping season, the sheer number of products geared entirely toward children, which have now been deemed unsafe, almost all of whom violate the lead paint standards for U.S. products, may be overwhelming for people trying to make educated, safe decisions when purchasing toys for children.

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Today, more than ever, safety sells. And major automakers such as Ford, GM and Honda, have raced to launch safety-for-all ad campaigns or make announcements that a new safety feature will be standard on all models. But one population has been consistently left out of manufacturers’ plans for improved safety: children between the ages of 4 and 8 years old. The safety community calls these youngsters “The Forgotten Child.” But they are not so much forgotten as systematically ignored by industry and regulators alike. In fact, the historical landscape is dotted with missed opportunities to close the safety gap and warnings about the failure to do so.

Today, motor vehicle crashes remain the leading cause of injury-related unintentional death among children aged 14 and younger; children between the ages of 5 and 14 account for two-thirds of those deaths. In 2005, 585 children ages 5-9 died in motor vehicle crashes; 74,000 suffered injuries. About 8,000 of those injuries were incapacitating-including traumatic brain injuries caused by head trauma and cervical spine and severe abdominal injuries associated with restraint misuse.

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The battle continues between the public and the trucking industry. In July, 2007, the U.S. Court of Appeals for the District of Columbia struck down the portions of final hours-of-service rule issued in 2005 by the Federal Motor Carrier Safety Administration that permitted truck drivers to increase their driving hours. The American Trucking Association has filed a motion requesting the court to stay this decision and the Federal Motor Carrier Safety Administration has requested a delay in the requirement by the court that would reduce the allowable driving time by 1 hour a day so the trucking industry can continue with “business as usual.”

The laws that control the hours a truck driver can operate have been created for a very specific reason, the safety of the general public. More accidents are caused by distracted or fatigued drivers than any other single reason. According to the Federal Motor Carrier Safety Administration (FMCSA), “Fatigue increases the likelihood that a driver will not pay sufficient attention to driving or commit other mental errors. In-depth studies of crashes have found that inattention and other mental lapses contribute to as much as 50 percent of all crashes. The agency tentatively estimates that 15 percent of all truck-involved fatal crashes are “fatigue-relevant,” that is, fatigue is either a primary or secondary factor.
(http://www.fmcsa.dot.gov/spanish/english/background_index.htm/)

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In the first case of its kind challenging a state’s rights to regulate pollutants, General Motors and other carmakers lost their attempt to use Federal preemption laws to avoid complying with new vehicle emissions standards in Vermont.U.S. District Judge William Sessions ruled against the automobile manufacturers when ruling that the carmakers cannot block new carbon-reduction rules in Vermont (which mirror those adopted in California).

Despite the industries’ cries of higher prices, layoffs and an inability to comply with the proposed higher standards, Judge Sessions apparently bought none of the automobile manufacturer’s arguments. The court remains unconvinced automakers cannot meet the challenges of Vermont and California’s [regulations],” Sessions said in his ruling.

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The AFX News reports that between 1998 and 2005, an analysis of FDA data reveals triple the number of complications and mortality from pharmaceutical, supposedly regulated, drugs. If those statistics are accurate, dangerous side effects and deaths from medicinal drugs are out of control.

So, when the FDA “approves” a drug, it’s safe, right? Not necessarily. In fact, the FDA will, if candid, admit that they have to rely on the pharmaceutical company asking for the approval to submit complete, accurate and candid information. The FDA does try to investigate drug approvals, but they do not possess the resources to conduct independent evaluations of new drugs.

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The short answer is no, most are not hard hearted people. Most are, however, people who have not had significant tragedy enter their life and have lived a reasonably content life. By significant tragedy I am not talking about Aunt Jane passing away from old age or even the loss of someone’s parents. When I use the term tragedy in this context, I mean a significant, life altering, misfortune has happened to them that is typically not experienced by most people.

I have been in the insurance industry, worked for defense lawyers and worked for plaintiff attorneys. I was a Republican before the party deformed itself and I even campaigned for Richard Nixon (OK, I am sorry). My opinions and feelings about tort reform measures have never wavered; I can not spend enough energy opposing any action that hinders the justice system. Yeah, that’s right, I said it, the justice system; a term that is anathema to some. Tort reformers claim that the court system does not mete out justice. The framers never promised that the court system would render justice and anyone who believes otherwise is simply living in Disneyland. What our court system does promise is a “chance”, an “opportunity” to pursue justice. From my experience, most of the time, the system delivers justice; sometimes for all the wrong reasons, but it still delivers justice more often than not.

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Another week, another recall for Mattel.

This week, when telling Americans that they should expect more recalls in the coming months, an ominous warning was issued by the Consumer Product Safety Commission about the safety of toys manufactured in China, “If I were a betting person I’d bet on more lead paint recalls. It’s clear that lead paint on toys is not isolated just to Mattel.”

This recall affected three categories of toys. The smallest percentage of the recall was made up of Big Big World 6-in-1 Bongo Band toys while 90,000 Geo Trax Locomotive Toys have been removed from the shelves. The largest portion of the Mattel recall is comprised of Barbie accessories, affecting nearly 700,000 toys.

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