Many people believe that workers’ compensation insurance is a benefit provided to employees strictly for his or her well-being. In fact, workers’ compensation insurance is a requirement for most businesses in Colorado. Therefore, employees should realize that workers’ compensation coverage acts somewhat differently, and employers may be reluctant to report claims.

There are usually posted requirements for reporting injuries to the employer. If you are aware of these requirements, you should follow them when reporting an injury. However, many employees are in the dark on what to do when injured at work. After all, no one plans on suffering an injury, and many are unprepared for how to handle such an occurrence.

If the employer refuses to send you to medical care, or does not provide a referral to a doctor or hospital, this should be a red flag that you need to protect your rights. Common sense tells us that an employer should be willing to help an injured employee regardless of the implications for reporting a workers’ compensation claim. But practically speaking, employers occasionally feel that the employee should handle it with their own insurance.

If you have been injured at work, and you suspect that your employer may be failing to assist you in any way, please contact the law offices of Bachus & Schanker, LLC for a free consultation regarding your rights at this important stage in a workers’ compensation injury.

One of these multiple offenders, Richard Strock, was arrested 18 times for drunken driving, 5 times for hit-and-run charges and served time in prison before he got behind the wheel while intoxicated for the 19th time and killed his ex-wife Phyllis “Patricia” Trujillo Strock.

Richard and Patrica who were divorced, but had recently reconciled and were engaged to be remarried, were out on a night on the town at a Denver bar.

As you read Richard Strock’s story you can’t help but wonder…how in the world can this possibly happen? Eighteen prior drunk driving arrests and he still gets behind the wheel and drives drunk. Eighteen prior drunk driving arrests and his ex-wife still gets in the car with him after he had been out drinking in a bar.

His family doesn’t blame Richard Stock for killing his ex-wife, they blame the system for not mandating and providing long-term rehabilitation. They remember a loving, if strict father who didn’t keep beer in the refrigerator. But they would see the evidence of Strock’s drinking problem the next morning in the driveway; the family car parked on the curb and their father having no memory of how he got home the night before.

“I’m not trying to make excuses for my father. At the same time, he would never intentionally hurt anyone,” says Strock’s son Angelo.

The sad thing is, Richard Strock still does not tale responsibility for his actions on January 29, 2005, the night he killed his ex-wife. To this day he blames the crash on an unknown driver who crashed into them from behind, causing him to lose control of the car. Thankfully the jury didn’t buy that excuse and Strock was sentenced to 48 years in prison. Richard Strock will not have the opportunity to drive drunk for the 20th time.

Strock also insists it wasn’t his fault his ex-wife died, because he didn’t want to drive home that night. Strock says after a night drinking at a bar in a rough part of town,

she “didn’t want to leave the car there and refused to get into a cab,” he continues, “I tried to talk her out of it, but she just would not listen.”

“Once we started drinking, we just didn’t care about consequences, I guess,” say Strock. “I thought I could get away with it. I just didn’t think I was ever going to get caught again. But I did. I kept getting caught.”

Richard Strock did get caught again, but it still didn’t stop him from driving drunk. What does it take to get these repeat offenders off the road? One suggestion it to make repeat DUI arrests a felony. Another solution supported by Mothers Against Drunk Drivers (MADD) is Ignition Interlock Systems.

The saddest part about Richard Strock’s story is that it didn’t have to happen. If Richard Strock hadn’t chosen to get behind the wheel of a car and drive while he was intoxicated 19 different times, Phyllis “Patricia” Trujillo Strock would be alive today.

CDOT also advises that last year, 98 passengers and riders were killed in motorcycle accidents in Colorado. This, sadly, is the highest number of reported motorcycle related deaths in Colorado history. Another interesting statistic pointed out by CDOT is that in 2008, motorcycle deaths represent 18 percent of the total 548 traffic deaths in Colorado, but motorcycles only represent 3 percent of the registered vehicles in Colorado.

This disparity in numbers indicates a tragic truth about motorcycle accidents. The percentage of motorcyclists that get in accidents on our roads is significantly higher than the percentage of regular automobiles that get into crashes. Because of the rapidly increasing number of motorcycles on our roads, and because of the high rate of fatalities in motorcycle accidents, some safety precautions need to be taken to ensure that the number of fatalities in Colorado this year does not rise above last year’s record of 98. In order to keep the number of motorcycle related deaths down and while the motorcycle registration numbers continue to climb, everyone on our roads needs to be cognizant of the dangers of motorcycles and how to ride them safely.

Safety Tips For Motorcycle Riders:
Wear a helmet
-Over two-thirds of the people who died in motorcycle accidents in 2008 were not wearing helmets
Do not drink and drive
-This may seem obvious, but driving a motorcycle is just like driving a car - it is dangerous to drink and drive. In 2008, 34 percent of the riders that were killed as a result of motorcycle crashes were under the influence of alcohol.
Drive carefully and watch the cars around you
-Because motorcycles are so much smaller than the other vehicles on the roads, especially with the number of SUVs on Colorado roads, riders need to be aware of the other cars around them and always lean on the side of assuming the driver of the car cannot see you.
Do not drive without a motorcycle endorsement
-Surprisingly, in 2008 out of all the motorcycle fatalities, 39 percent did not have a motorcycle endorsement on their license. This statistic shows that almost 1 in every 4 people who died last year in motorcycle accidents did not have the motorcycle endorsement on their driver’s license indicating they had passed the Colorado written and road tests for motorcycle rules and safety.
Do not drive aggressively or recklessly by speeding or weaving through traffic or doing other dangerous driving
-In 2008, out of the 98 motorcycle deaths, in 80 percent of the accidents, the driver of the motorcycle was determined to be at-fault for the accident.

Safety Tips for Drivers of Cars:
Be aware of your blind spots
-Remember that motorcycles are small in comparison to regular cars on the road, and exceptionally small compared to large SUVs and trucks that are plentiful on Colorado highways. So be sure to check your blind spots and all around you before changing lanes.
Keep a safe distance
-Although you may think that you are driving at a safe distance behind a motorcycle on the highway, remember that sometimes traffic comes to a sudden stop and oftentimes it is easier to see traffic stopping up ahead for people in larger vehicles because you can see over the car in front of you. But remember that motorcyclists cannot see anything except the back of the car in front of them, so leave plenty of room between your car and their motorcycle just in case traffic slows or stops suddenly.
Just be courteous
-We are all sharing the roads and even though you may have had a motorcyclist cut in front of you or is very loud, they have the same rights as you to use the Colorado roads. When a car and a motorcycle collide, the prevailing vehicle is usually the car, so trying to avoid agressively driving around a motorcycle is advisable for everyone’s safety. Just remember, road rage often leads to accidents and injuries and sometimes death, so don’t let your emotions effect your driving.

If drivers of both motorcycles and cars can abide by these simple safety rules, we can all be safer on the roads in Colorado and lower the motorcycle crash statistics from CDOT.

Some of their favorite toys, like the Marshmallow Blaster, Aqua Bomb, Toypedo and the HydraPak all made World Against Toys Causing Harm’s (W.A.T.C.H.) 2009 list of unsafe summertime toys.

W.A.T.C.H. held its annual “Safe Fun in the Sun” conference recently to increase awareness about the every day dangers that our children face in their every day outdoor activities. W.A.T.C.H. is a non-profit organization dedicated to educating the public about life-threatening toys and other children’s products, including children’s furniture, clothing and playground equipment.

The U.S. Consumer Product Safety Commission (CPSC) has established The Consumer Product Safety Improvement Act (CPSIA) which has set standards for toys including warning labels, safety standards, lead levels and enforcement.

The packaging for certain toys and games intended for use by children is required to contain a label, or cautionary statement, regarding choking hazards. This section of the new law requires that advertising for these products which provide a direct means of purchase or order of the product must contain an appropriate cautionary statement.

At this point, recalls on toys that might be unsafe for our children are voluntary. Consumers have no way of knowing whether or not a product that they purchase at their local toy store or superstore is safe or not.

According to James Swartz of W.A.T.C.H., a nationally known trial lawyer and child safety consumer advocate,

“We can’t assume that just because an item is on the shelf that it is going to be safe, it’s going to protect our children adequately, because, it very well may not.”

In their annual “Safe Fun in the Sun” brochure, W.A.T.C.H. also recommends watching out for these other summertime hazards:
In-line skates, skateboards, scooters, in-line skate shoes (failure to wear safety gear)
Bicycle hazards (90 percent of deaths occur from not wearing a helmet)
Trampolines (injuries include paralysis, neck injuries and broken bones)
Soccer Goals (unanchored goals have tipped and crushed children)
Windows (safety precautions such window guards can prevent injuries and deaths)
Playgrounds (toxic surfaces, poor ground cover, choking hazards from clothing)
Mini-Hammocks (children have been entrapped in children’s models with no spreader bar)
Water Safety: Swimming Pools, Spa and Hot Tubs (drownings are often silent, there is often no screaming to alert an adult)

Summertime accounts for nearly half of injury-related death in children. So, let’s do what we can to make outdoor activities for our children safer. The first step is education, these types of needless deaths can drop significantly if we (parents, friends, neighbors, caretakers and family) learn about the dangers our children face and take the necessary precautions.

As one of the consequences of the popularity of bike riding, residents of Deer Creek Canyon are frustrated by bicyclists riding through their neighborhood and are trying to block a charity bike race scheduled for this fall. Residents of this scenic canyon south of Morrison are frustrated with the hundreds of cyclists already riding through the canyon and are concerned that this bike race will escalate the problems.

There are safety issues concerning the busy, narrow, winding roads. Neighbors and motorists complain that cyclists are relieving themselves on private property, riding too fast down hills and refusing to ride in single file, making it difficult for cars to pass.

Cyclists argue that some motorists are overly aggressive and get too close to riders, honk their horns, yell at them and throw things out their windows.

It’s important to keep in mind that although most of the problems in Deer Creek Canyon can be attributed to a minority of thoughtless bike riders and a minority of aggressive motorists, bike riding in Deer Creek Canyon and throughout Colorado is here to stay.

With the increase in bicycle traffic comes an increase in the potential for injury and even death. Nearly 700 people die in bicycle related crashes every year and another estimated half a million are treated in emergency rooms for their injuries. Children 14 years old and younger are particularly at high risk for bicycle related injuries and death, accounting for thirteen percent of deaths and 24 percent of the overall injuries.

In order to maximize their safety bike riders need to be alert and follow these basic bicycle safety tips.

Proper Bicycle Gear and Equipment
Make sure your bike fits you properly for easier and safer handling.
Make sure your bike is in good repair. Check your tire pressure and that your brakes and the chain are working properly.
Always wear a properly fitted helmet to reduce the possibility of a brain injury. Leave the headphones at home; you need to be able to hear what’s going on around you.
If you are riding around dusk or dawn, lights and reflectors are required by law in most states.
Wear proper clothing and footwear.
To help automobile drivers to see you better, wear bright colored clothing with reflective tape. Flip-flops and sandals are not appropriate footwear while biking.
Check that the seat, handlebars and wheels are adjusted for comfort and tightened.

Obey Traffic Laws
Obey traffic signs and signals.
Never ride against traffic.
Don’t weave between parked cars.
Follow lane markings.
Don’t pass on the right.

Ride your Bicycle Defensively
Scan the road behind.
Keep both hands ready to brake.
Use hand signals.
Avoid road hazards.
Make eye contact with drivers.
Avoid road hazards.
Use lights at night.

While the solution to the conflict and frustration between the residents of Deer Creek Canyon and bicyclists may not be as easy as practicing good bicycle safety and etiquette, it certainly is a good start.

In February of this year the Consumer Protections Safety Improvement Act of 2008 (CPSIA) went into effect to ensure that products manufactured for children 12 years of age and younger are safe from lead contamination. This new law mandates that any product which includes toys, books, clothing, bicycles, off-road youth motorcycles and all-terrain vehicles (ATVs), have a lead content that is no more than 600 parts per million by weight.

While this law seems to make sense and is a positive step in protecting children from lead poisoning, the Consumer Protection Safety Commission (CPSC) may have over-reacted in the case of off-road youth motorcycles and ATVs. The CPSC included the lead levels of all components including the engine, suspension, battery, brakes and other mechanical parts which young riders will never have contact with, let alone put in their mouths.

The American Motorcyclist Association (AMA), a not-for-profit organization, in partnership with The All-Terrain Vehicle Association, represents over 300,000 motorcyclists and all-terrain vehicle riders nationwide. According to Edward Moreland, Vice President of Government Relations of the AMA, “Most motorcycle and ATV components are compliant with the CPSIA’s lead limits, but some components unavoidably contain small quantities of lead limits in excess of the limits. The nature and location of these components, (i.e., battery terminals and valve stems) suggests a very minimal exposure risk.”

The enactment of this law has suspended the sale of youth sized motorcycles and ATVs. The AMA believes that the CSPIA may be creating a new danger for children by forcing them to ride full-size adult models which are more powerful and harder for young riders to control.

Nancy Nord, acting chairwoman of the CPSC is also concerned about this issue and says,

“The application of the lead-content mandates of the CPSC to the products made by the petitioners may have the perverse effect of actually endangering children by forcing youth-sized vehicles off the market and resulting in children riding the far more dangerous adult-sized ATVs.”

The CPSC recently denied a request from the youth motorcycle and ATV industry to exclude these products form the Lead Limits under Section 101 of the CPSIA. However in early May 2009 the CPSC voted to support a stay of enforcement effective through May 2011.

Ms. Nord comments, “She hopes state attorneys general, who also enforce consumer protection laws, will follow the CPSC action and use restraint because enforcement discretion is an important tool that is needed to reach thoughtful and effective outcomes that enhance consumer safety.”

In a letter to the National Association of Attroneys General (NAAG), Edward Moreland asked for clarification of the ruling, asking if state attorneys general would enforce the law in light of Ms. Nord’s opinion.

The response from the NAAG indicated the association had not taken a position on the enforcement of this law and that the attorney general of each state would determine their level of enforcement. The NAAG recommended that Mr. Moreland contact a specific state attorney general directly for their position on the enforcement policy.

The AMA is now asking for those who support youth motorcycle and ATV riding to contact their state attorney general’s office either by regular mail or a pre-written email to ask if they intend to follow the direction of the CPSC.

1. 1. Beaver Creek Children’s Museum

   Why your kids will like it: Special activities including star gazing and visits from Smokey the Bear, as well as exhibits like “Professor Quackenbush’s Workshop” (an interactive zone filled with building and construction themed activities) and “The Computer Zone” offer options for youngsters and tweens.
   Location: 120 Offerson Road, Beaver Creek, Colorado 81620 (next to the Beaver Creek Hiking Center).
   See map
   Hours: Starting early July through early September: Wednesday-Sunday, 10:00am - 4:00pm
   Contact information: (970) 926-5855 or info@bluecreek.com
   Activity Website: Beaver Creek Children’s Museum

2. 2. Great Sand Dunes National Park and Preserve

   Why your kids will like it: Sliding on sand dunes? What kid wouldn’t love that thrill? And Medano Creek nearby offers a cool respite from the heat. The visitor center here also offers free exhibits, and your child can earn a “Junior ranger badge.” Entry is free for kids under the age of 16.
   (Image by scfiasco)

   Location 35 miles northeast of Alamosa, Colorado.
   See map
   Hours: Open 24 hours (visitor center open daily 9-6)
   Contact information: (719) 378 6399 or email a Ranger
   Activity website: Great Sand Dunes National Park and Preserve

3. 3. Harmony Park

   Why your kids will like it: This amazing school playground is like a kids concert in the park! Free instruments like drums, chimes and xylophones are freely available for your kids to create beautiful, haunting melodies beloved by the neighboring Montrose community. Young children can work out their energy and delight in the sounds they make, while older kids will enjoy the challenge of creating a cohesive melody.
   Location: Cottonwood Elementary School, 3500 Woodgate Rd, Montrose, CO 81401.
   See map
   Hours: Daylight hours (in the summer), after 3:15 pm during school days.
   Contact information: (970) 249-2539
   Activity website: Cottonwood Elementary School

4. 4. NCAR Mesa Lab

   Why your kids will like it: Have a science buff in your family? (Or someone you hope will take more interest in the sciences?). The NCAR Mesa Lab is a Colorado research laboratory with summer activities like guided tours through the laboratory, and cool exhibits like a telescopic camera, a gravity well, and impressive displays of tornado and lightning dynamics. There’s also an art gallery, and science exhibits that help your kids learn about the sciene behind the weather and climate change.
   Location: 1850 Table Mesa Dr, Boulder, CO.
   See map
   Hours: Monday - Friday: 8:00 am - 5:00 pm; Saturday, Sunday, and Holidays: 9:00 am - 4:00 pm
   Contact information: (303) 497-1174
   Activity website: NCAR Mesa Lab

5. 5. Celestial Seasonings Tea Tours

   Why your kids will like it: What kid doesn’t love free samples? At Celestial Seasons, free tea samples are a big treat. The tea factory tour shows the process of making tea, and the museum has stunning teapots and other tea-related pieces.
   (Image by adianmgrey)

   Location: 4600 Sleepytime Dr, Boulder, CO.
   See map
   Hours: Monday-Friday: 10:00 a.m. - 4:00 p.m.; Saturday: 10:00 a.m. - 3:00 p.m.; Sunday: 11:00 a.m. - 3:00 p.m.
   Contact information: (303) 530-5300
   Activity website: Celestial Seasonings

6. 6. Scandinavian Midsummer Festival

   Why your kids will like it: With live dance and music performances, this Estes Park festival has cool food, crafts, and lots of hands-on cultural activities. Your young children will find delight in the outfits and melodies, and there’s plenty to keep adults entertained, too, including a raffle for two round-trip tickets to Scandinavia.
   Location: E Riverside Dr, Estes Park, CO.
   See map
   Dates/Hours: June 27-28, 10am-5pm
   Contact information: info@estesmidsummer.com
   Activity website Scandinavian Midsummer Festival

7. 7. Bishop Castle

   Why your kids will like it: A castle! Castles are exciting, no matter your age. This one, built by hand by Jim Bishop since 1969, has a new feature: a metal mesh dome that rotates when your children run in it. More than 1000 tons of rock were laid by Jim Bishop. This massive structure offers your kids lots of nooks and crannies to explore, and Jim plans to keep making it bigger each year.
   (Image by shog9)

   Location: 12705 CO-165, Rye - Beulah, CO.
   See map
   Hours: Daylight hours (call to confirm)
   Contact information: 719-485-3040

8. 8. Colorado Springs Pioneers Museum

   Why your kids will like it: The history of the Front Range is rich with stories about Native American people, miners, farmers, and Colorado Springs founders. The Pioneers Museum takes you and your kids on a tour through this history, and features more than 60,000 objects of art, pottery, quilts and other historical artifacts. The spirit of the Front Range comes alive in this museum, and both you and your children get a wonderful, free education about Colorado’s past, and how the past shapes the people and culture of Colorado today.

   Location: 215 South Tejon Street, Colorado Springs, CO.
   See map

   Hours: Tuesday through Saturday 10:00 a.m. to 5:00 p.m.
   Contact information: (719) 385-2489, dbrown@springsgov.com
   Activity website: Colorado Springs Pioneers Museum

9. 9. Teddy Bear Picnic

   Why your kids will like it: Put a bunch of teddy bears together for a party, and what do you get? A ton of excited kids. Your young children will also get to hear stories and songs about Teddy Bears and interact with other children in a fune environment.
   (Image by bloomfieldpics)

   Location: E.B. Rains Jr. Memorial Park, 11801 Community Center Drive, Northglenn, CO.
   See map
   Date: Thu, June 25, 10:00am - 11:30am
   Activity website: Teddy Bear Picnic at City of Northglenn website

10. 10. Annual Flower Trial Garden - Colorado State University

    Why your kids will like it: These gardens look like a beautiful patchwork of colors, all in huge, brilliant plots. Winding paths give a magical feel reminscent of the Secret Garden. Young imaginations can run wild with visions of garden fairies and gnomes. You can take your family repeatedly through the year to see how the flower selection changes. Please keep your little one’s hands and feet out of the flower beds (you can let them know the flowers must be kept safe so we can learn from them).
    Location: 1401 Remington Street Fort Collins, Colorado 80525.
    See map
    Dates/hours: Open Daily, year round
    Contact information: (970) 491-7179, jim.klett@colostate.edu
    Activity website: Annual Flower Trial Garden

11. 11. Folk Dancing for Children

    Why your kids will like it: Dancing class is a great way to meet new friends, learn about another culture, and move around. Your kids will learn how to dance in Polish and Ukraine style in a class that runs all summer long. No dance experience necessary.
    (Image by stevenimmons)

    Location: Plaza beside the Dushanbe Teahouse, Boulder, Colorado.
    
    Dates/Hours: Tuesday evenings June 9,23, July 7, 21; 6:15-7 pm
    Contact information 303 499-6363
    Activity website: Folk on the Plaza

12. 12. Ridgway River Festival

    Why your kids will like it: Whitewater rodeo and a river race are just two of the awesome activities this River festival offers. Your kids can also learn about watershed education, and can frolic in the Kid’s Eddy. This is a ‘zero-waste’ event.
    Location: Rollans Park, Ridgway, Colorado.
    See map
    Date: Saturday, June 27, 11am - 9pm
    Contact information: (970) 626-5134 ridgwayriverfest@gmail.com
    Activity website: Ridgway River Festival

13. 13. Colorado Balloon Classic

    Why your kids will like it: This early fall (ok, it’s not summer, but this event is so great for kids that we wanted to give you an early heads up on it) Balloon Event fills the skys with an array of colorful balloons, and will fill your child’s heart with wonder. Watch as the balloons gracefully swoon over the Rockies after they take off near the shores of Prospect Lake. There are wonderful related contests for kids, including a coloring contest (click here to get the coloring contest sheet!) and a photography contest. This family event is free, and one of Colorado’s most dazzling for all ages. Be sure to check out the kids only page for juicy kids’ stuff.
    (Image by markgallagher)

    Location: 1605 E. Pikes Peak Avenue, Colorado Springs, CO (Memorial Park).
    See map
    Dates: September 5-7, 2009
    Contact information: (719) 471-4833 , balloonclassic@balloonclassic.com
    Activity website: Colorado Balloon Classic

14. 14. KidSpree

    Why your kids will like it: Colorado’s largest kids-only outdoors festival includes tons of games, entertainers, art, and much more fun. Your kids can play in the sand, watch jugglers and magicians, and play a life-sized board game, among a ton of other kids-only entertainment. This festival has earned awards from the International Festival and Events Association.
    Location: Bicentennial Park, 13655 E. Alameda Ave., Aurora, CO.
    See map
    Dates: July 18-19, 10am - 5pm
    Contact information: (303) 739-7757 or bberkey@auroragov.org
    Activity website: Kidspree 2009

The Denver Post recently examined 195 DUI crashes that involved a death since 2005 and found that at least 30 percent of the drunk drivers involved had multiple DUI arrests before they finally killed someone. That’s 58 deaths cased by a repeat offender.

Of these 195 drunk driving defendants, 44 were driving with suspended licenses including one who had been arrested 7 times for driving illegally before he killed someone.

Of these 195 drunk drivers, fifteen percent were under-age drinkers. There was one 16 year old, six 17 year olds and five 18 year olds.

Of these 195 drunk drivers who killed someone, more than half were sentenced to prison for four years or less.

Unbelievably, three of these repeat offenders were arrested for new drunk driving charges after they killed someone while driving drunk!

According to Adams County District Attorney Don Quick, “That’s the hardest part about these DUI offenders—especially the repeat offenders, as we describe them—they’re ticking time bombs.”

Additionally, these repeat offenders are driving without insurance which can have life long devastating effects on their victims’ lives. Dawn King is one of the prior victims of Richard Strock. She was left with thousands of dollars in medical bills and still suffers from her injuries resulting from her crash caused by Strock over fourteen years ago.

Mothers Against Drunk Driving (MADD) advocates that drunk driving is preventable through increased DUI enforcement and implementation of alcohol ignition interlock technologies. In the case of these 195 drunk drivers the increased DUI enforcement did its job, it’s what came after that impacted the safety of other Colorado drivers.

If these 195 people who had prior drunk driving arrests had alcohol ignition interlock devices installed on their cars after the first offense it is possible that we might have 195 fewer drunk driving fatalities. Although the argument could be made that these drunk drivers would have found another car to drive without the ignition interlock systems.

If the court system would take harsher measures against the repeat offenders including longer prison sentences and required long term alcohol treatment, we might have 195 fewer drunk driving deaths.

The family of Richard Strock and his victim, Phyllis “Patricia” Strock sees a loving father and blames the “system” for not treating their father’s alcohol addiction problem. They claim that even after his multiple arrests, their father was never required to wear an ankle bracelet or attend any kind of long term alcohol treatment program.

The answer seems so simplistic…don’t drink and drive. We don’t care how much you drink…drink yourself silly…just don’t get behind the wheel of a car and drive! We all seem to understand this simple concept. So the complicated question is how do we get the intoxicated people out there to accept this simple solution?

The new law which takes effect December 1, 2009 makes it illegal to send text messages, tweets and emails while driving. Those younger than 18 are banned from using a cellphone at all while driving. Your first offense will cost you $50, the second offense will cost you $100.

Supporters of this new law feel this is just a small step towards public safety. In its original form, the bill would have required all adult drivers to use a hands-free device while talking and driving. Shelly Forney, whose 9 year old daughter Erica was killed last Thanksgiving after she was struck by a woman talking on her cellphone while driving testified before the legislature.

“We’re disappointed, but we are glad that something is passing,” Forney said. “It’s not the bill that we were supporting, but anything is better than nothing.”

Those who oppose the bill wonder how are police going to be able to tell if someone is actually texting and not just just getting ready to dial or looking at a map they goggled. They also cite this law will increase traffic stops and decrease privacy rights.

Even Glendale Police Chief Victor Ross admits the law could be hard to enforce. “The first defense for people you stop or in court will be I’m not texting.” He says to bust a texting driver you would probably need multiple witnesses.

It’s always unfortunate when the legislature has to get involved in forcing the public into making good decisions. I think most of us would agree that texting while driving is not a good decision…illegal or not.

Imagine then, the horror when this life-saving device malfunctions and instead of helping save your life, sends multiple dangerous, life-threatening shocks to your heart and throughout your body. Now your health has been seriously compromised and you face more medical bills due to hospital stays and medications to monitor and repair the damage caused by this malfunctioning medical device.

Imagine that this medical device that was approved by the Food and Drug Administration (FDA) was known by the manufacturer to have problems. In fact there was a recall issued on this supposedly life saving medical device just weeks before this horrific incident.

This is the really story of Bridget Robb and many others like her. Ms. Robb, a single mother, recently testified before the US House Energy and Commerce’s Subcommittee on Health in support on the Medial Device Safety Act (MDSA).

Last year, the Supreme Court ruled in Riegal vs. Medtronic that medical devices approved through the Food and Drug Administration are immune from lawsuits filed at the state level. Typically, states laws are stricter in their degree of accountability for the manufacture of medical devices and prescription drugs. What the Supreme Court ruling means for patients’ is, that if you are injured or a loved one suffers a fatality from a defective medical device, the manufacturer can not be held liable for the malfunction of their device.

In the case of Bridget Robb, Medtronic knew of the malfunction problems with the leads in their defibrillators. According to Heart Rhythm, the Official Journal of the Hearth Rhythm Society, Medtronic recalled the lead in their defibrillator in 2007, only after there were 665 failures and five reported deaths.

In addition, the Journal reports that in a study of 3,037 cardioverter-defibrillator leads, 72 (8.5 percent) of 848 Sprint Fidelis leads failed, while only 94 of all 3,037 defibrillator leads studied failed. According to the Journal article, “the cumulative hazard of Sprint Fidelis failure was significantly greater compared to 2,189 other defibrillator leads.”

In a 2008 landmark case, the Supreme Court ruled in Wyeth vs. Levine that drug companies will be held accountable for content on the labels of their prescription drugs. The Medical Device Safety Act (MDSA) would restore this same protection to patients who need medical devices.

We’d all agree, Ms. Robb included, that medical devices save lives. The Medical Device Safety Act would protect patients’ rights by forcing the manufacturers of these medical devices to put consumer protection over profit by holding these manufactures accountable for their defective products.