In 20 cold weather states, including Maine, Nissan Motor Company is recalling more than 240,000 trucks. Nissan plans to fix the problem that could prevent the front air bags from deploying.

The recalls affect the Xterra, Frontier and Pathfinder models of Nissan trucks, ranging from 2005-2009 model years.

The problem was discovered through a series of warranty claims. In states where road salt is used on icy roads, it was found that a mixture of salt and snow could enter a crash zone sensor area and rust, thereby interrupting the signal and potentially preventing the front air bags from deploying in a crash.

So far, there have been no reports of crashes or injuries related to this issue. If you own a Nissan truck that is one of the above mentioned models and in the year range noted, see your Nissan dealer immediately.

If you have been injured in a vehicle accident as a result of the air bags failing in your Nissan truck, you may wish to speak to an experienced personal injury lawyer at Briggs and Counsel.

By: Eliza Stoll

Copyright 2009 Briggs& Counsel

Computed tomographic (CT) colonography is a new, noninvasive screening option for the detection of colorectal cancer. A federal study of this alternative to the dreaded colonoscopy confirms that it is an effective tool in detecting cancer, however, it’s accuracy had not been well-defined.

With Medicare already considering paying for the procedure, experts are predicting a boost in screening due to it’s noninvasive nature. The new study identified nine out of ten people who had cancers and large growths seen by regular colonoscopies.

The New England Journal of Medicine suggests that the CT colonography’s real value may be in showing who really needs a regular colonoscopy. The test was found to be more accurate at ruling cancer out than it was at detecting it.

There are risks of false alarms with the new alternative screening tool. The colonographies  showed large growths in about one in six people, although some were not confirmed by colonoscopy. Of the patients with growths verified by colonoscopy, 90 percent were flagged through the CT colonographies. Only one in four of those patients diagnosed with a growth actually had one.

CT colonographies, currently recommended every five years, expose people to repeated doses of radiation. It’s half the dose of a standard CT exam, but the cumulative effects are not known at this time. Colonoscopy is only recommended every 10 years. These concerns do not rule out CT colonography as a screening tool, but they should be considered.

Colorectal cancer is the second largest killer in the United States, claiming about 50,000 lives per year. Screening for colorectal cancer is recommended once a person reaches the age of 50.

Imagine living in a Maine nursing home and having cancer or arthritis so severe that you cannot get out of bed by yourself.  You rely on the nurses to make sure your pain patch is in place, but the nurses don’t check, and the nursing assistants steal your pain medication.  Imagine that no one comes right away when you press your call light to go the bathroom, and no one comes to help you change your position.  Imagine that you fall out of bed and break your arm trying to get to the bathroom on your own.  And imagine that, because you aren’t positioned by nurses on schedule,  you develop a large and excruciatingly painful bedsore that grows deep into your flesh and becomes infected.   All of these images are real examples of injuries caused by nursing home negligence in Maine.  Nursing home negligence caused by understaffing, or poorly trained staff, may cause severe injuries and death to Maine’s most vulnerable population- the nursing home bound elderly.

Families need to know that that their elderly mother, father, aunt, uncle or dear, older friend is safe and well cared for.  How do Mainers scratch the surface of a nursing home that appears clean and pleasant on an introductory tour?  One starting point is to look at a nursing home’s “star rating”. 

The federal government has a five-star rating system. A  Maine nursing home can obtain up to five stars (much above average) in each of  four areas: Health Inspections, Nursing Home Staffing, Quality Measures, Fire/Safety. The lowest ranking possible is one star (much below average).

In Maine, the good news is that 26% of our long term care facilities received the government’s best  nursing home score.  However, more than 7% of  our nursing homes received the lowest “one star” ranking .

According to officials, the five star rating system is meant to be an accompanying tool for consumers to compare nursing homes, but should not take the place of visits and interviews at the actual facility.  Here’s why:

A Nursing Home may receive five stars for staffing, three stars for inspections, three stars for fire safety, but only one star for quality measures, and still have an overall score of three stars.  Even if a nursing home has an overall three star score, would you want your mother or father exposed to a higher risk of injury, including bedsores and urinary tract infections, than they would encounter at a different nursing home only a half mile away?  When a nursing home tells the federal government that it has great staffing, but also has a high percentage of bedsores, urinary tract infections and depressed residents, the facts speak for themselves.  Nursing homes are only as good as the care they deliver. 

Mainers may see the five-star  rating system as a way to challenge nursing homes to improve the care they provide in the 112 facilities across the state. Maine families considering nursing homes for loved ones should weigh many factors when choosing a long term care facility. The number of stars a nursing home is assigned is just the tip of the iceberg.

Snowmobiling has always given Maine’s economy a boost, drawing people from all ove the state and contry for a taste of winter fun in the wilds of Maine. 

There are 13,000 miles of snowmobile trails in Maine and there are no speed limits.  The whole idea of snowmobiling is to give the rider a sense of freedom and fun.  Sledders are judged by the standard of “reasonable and prudent speed for the existing conditions”. Reasonable means remembering that many families are out riding together, enjoying the outdoors.

Snowmobile safety laws, such as the ban against operating under the influence, are in place to balance fun and responsible driving.

Fun can turn to tragedy in a flash.  Last winter death struck twelve snowmobilers in Maine. There have already been two snowmobile related deaths this season, and the snow has just started to pile up.  The sad fact is that even the safest snowmobiler can’t always protect against snowmobiling injuries caused by others. What can you do if you are injured by a reckless snowmobiler?  Do you have any rights out on the snow?  Who will pay your medical bills and bring home a paycheck if you are too hurt to work?

The short answer is that if you are severely injured through no fault of your own in a snowmobile accident, Maine law gives you the same rights you have if you are negligently hurt in car accident, or on the operating room table from malpractice. The hard truth is that the road to recovery is often a long, hard haul. 

Snowmobile injuries and deaths have caught the attention of state officials, who want Mainers and other to enjoy the sport without injury.  In a recent press release about snowmobiling Governor Baldacci urged snowmobilers to be safe and sober when out on the trails this winter.   The strength of the law behind the Governor’s statement comes in the form of a Maine Warden.

The Maine Warden Service uses all available manpower to make sure that the death toll from reckless snowmobiling is minimized.  As the season gets busier, officials plan safety checks along Maine’s snowmobile trails. However, it’s an uphill battle to police a round-the-clock, round-the-state sport against the handful of sledders that view snowmobiling as no-holds-barred speed adventure. 

For more information, including tips on how to protect yourself from injury, turn to websites such as  Snowmobile Maine . The group’s “Ride Right” motto reminds members that fun comes with a duty to protect others as well.

Dog bites a concern for Maine families

Dog bites have become a major concern for Maine residents. According to the Centers for Disease Control and Prevention, about two percent of the U.S. population are bitten each year by a dog.

Dogs are an important part of many Maine families. They can be loving, fun and considered part of the family. Unfortunately, they do sometimes act unexpectedly and may bite and cause injuries. Even if a dog is not malicious, if you are bitten a serious injury can occur.

Even if a dog doesn’t have a history of biting, you should be aware of agressive behaviour that falls below biting, such as growling, snarling or brislting at people.  If a dog is injured, just like an injured human, it may push a dog over the edge.  The owner of an injured dog has a duty to keep the injured dog away from someone who may inadvertently touch the injured area of the dog during a friendly pat, causing the dog to bite.

In most cases, the dog had never bitten anyone before and the owner did not think it was a hazard to anyone. Statistics for dog bites to people in Maine show that bites have most frequently been caused by dogs considered to be of the “friendliest” breeds. Dog bites, regardless of the extent of injury, are traumatic experiences.

Maine has a leash law, requiring that all dogs be on a leash as all times unless being used for hunting. If you allow your dog to run free, even in places that you may deem safe to do so, you run the risk of your dog biting someone. Do the right thing for your dog, yourself and for others: keep your dog on a leash.

Here are some important things to keep in mind if you are bitten by a dog:

·         Call your local animal control officer and identify the dog.

·         Obtain the name, address, and dog license information of the owner of the dog.

·         Obtain the names, addresses and phone numbers of any possible witnesses.

·         Obtain insurance information from the owner of the dog.

·         Take pictures of the dog bite.

·         Understand that Maine has special laws regarding injuries from dog bites.  You might want to contact a personal injury lawyer, such as Briggs and Counsel for a consultation.

By Eliza Stoll for Briggs & Counsel

Copyright 2008 Briggs & Counsel

Depression and  Maine Heart Patients

Should Maine residents who are also heart patients be screened regularly for depression? According to the American Heart Association, depression is about three times more common in heart attack survivors and those hospitalized with heart problems than the general population.

While there has been no direct evidence that heart patients who are also screened for depression fare better, depression can result in a worse quality of life and worse outcomes for Mainers. Those patients with depression may be more likely to skip their medications, not take part in rehabilitation programs, or not diet and exercise to maintain a healthy lifestyle.

It is vital that heart patients make lifestyle changes  that promote long, healthy lives. If depression is underlying and untreated, this will inhibit the person’s ability to properly care for themselves as they should.

Maine heart patients should be screened regularly by their doctors for depression. If depression is found to be present, here are positive steps Mainers can take:

·         Ask your doctor for a referral to professional qualified in treating depression.

·         Call a support groups that to join.

·         Ask your doctor about an anti-depressant regime to help with extreme or persisting symptoms.

Mainers who suffer from depression shouldn’t lose their physical health while waiting to recover their mental health. 

By Eliza Stoll for Briggs & Counsel

Copyright 2008 Briggs & Counsel

Flu Vaccine: Does it really Maine protect kids?

The Centers for Disease Control and Prevention (CDC) is recommending this year that all Maine children ages six months through 18 years receive the flu vaccine. Previously, it was advised that only children up to five years old be vaccinated.

Influenza related deaths among children are on the rise according to government data. This makes the vaccine vital, says the government. A recent study in the Archives of Pediatrics & Adolescent Medicine suggests otherwise. They say that the flu shot in children doesn’t necessarily protect them from illness.

The results of this study concluded that flu shots seemed not to make much difference. They found that children who got immunized did not get the flu at lower rates than unvaccinated children. The immunized children were as likely to be hospitalized or to see the doctor as children who never got the vaccine.

Don’t skip the vaccine just yet. The study looked at the effectiveness of a vaccine during two seasons in which the flu strain included in the vaccine was not well matched to the circulating strain that people were getting sick from. It is possible that the shot may have been protecting against the wrong flu stains. Researchers make their best prediction as to which flu virus will be affecting people in an upcoming season. Targeting the correct strain is a always somewhat of a guessing game, researchers often have to make these predictions several months ahead of time in order to keep up with the extensive vaccine manufacturing process.

The bottom line? On a population level, odds are that it is better to get a flu shot than not. There is no guarantee that it will work due to the different strands that surround us, but you have a better chance of not catching the flu if you have had a vaccine than if you haven’t.

By Eliza Stoll for Briggs & Counsel

Copyright 2008 Briggs & Counsel

Busy Maine families love the speed and ease of nuking a frozen meal in the microwave from time to time. It can cut down on the stress in an already hectic day to be able to zap a quick meal for yourself and your family. This may not be the best idea after all, as more and more people are getting sick because their foods are not being cooked properly in the microwave.

According to the International Food Safety Network at Kansas State University, microwaves are designed more for reheating foods, not cooking them. The government issued a new warning urging consumers to thoroughly cook frozen chicken dinners after 32 people in 12 states became sick with salmonella poisoning.

Part of the problem is that microwaves heat unevenly and can leave cold spots in the food that harbor dangerous bacteria such as E. coli, salmonella and listeria. The other part of the problem is that many people have misconceptions about frozen meals.

Many people wrongly assume all frozen meals are precooked and only need to be reheated. It is a mistaken belief promoted partially by foods that appear cooked already, such as chicken that has been breaded or pre-browned. Even some of the meals designed to be microwavable can be unsafe if they are not heated thoroughly enough or if they are cooked using directions meant for a microwave with different voltage.

After hundreds of thousands of bouts of food-borne illness that required hospitalization, many major food companies such as ConAgra Foods and Nestle Prepared Foods have revamped cooking instructions on many of their brands which include Stouffer’s, Lean Cuisine, Banquet and Healthy Choice.

The best bet for Maine families? Pay careful attention to cooking instructions and make sure that foods prepared in the microwave are heated through. And when it comes to cooking raw foods? Skip the microwave altogether and rely on the stove, oven or grill.

By Elizabeth Stoll, for Briggs & Counsel

Copyright 2008 Briggs & Counsel

Time Magazine has a recent article of interest to all Maine parents. Time has reported that a government study shows that our Maine children are at greater risk for childhood cancer than children raised in places like California, Florida and the Midwest. The Centers for Disease Control and Prevention have just issued a study showing that there are 179 cases of cancer per million in children in the New England states, versus 159, 166 and 165 cases per million for children in the South, Midwest and West.

That’s troubling news for Maine parents and their children. If there’s a silver lining to this dark cloud it’s twofold: First, now we know. We can ask our doctors to check more closely for signs and symptoms of childhood cancers. Second, we have access to top-notch pediatric cancer centers here in the northeast.

If you have more questions about this study, log on to the government’s website at: http://www.cdc.gov/

Alison Wholey Mynick, RN, Esq. , June 4, 2008