Cribs Sold at JC Penney Pose Suffocation Risk, Tom DeVoto Warns

Posted on May 19, 2012 by Administrator

St. Louis product liability attorney Tom DeVoto is warning St. Louis area parents about a drop-side crib sold exclusively at JC Penney that presents serious dangers for infants and toddlers — including strangulation or suffocation.

After receiving reports of incidents involving its Rockland Furniture drop-side cribs, manufacturer Nan Far Woodworking, of Taiwan, recently recalled almost 17,000 of the cribs, sold exclusively at JC Penney stores and online from 2005 to 2008. The sides of these cribs can fall out of position, allowing the child to become trapped, resulting in strangulation or suffocation. It’s also possible for the child to fall out of the crib.

Although these cribs haven’t been sold since 2008, Tom DeVoto nonetheless wants to get word out about their risks. “Cribs are an item that most families store in their basement for their next child, give away to a friend or family member or sell at a garage sale,” he says. “Their long useful lives make the recall of these dangerous drop-side cribs particularly worrisome.”

Nan Far Woodworking advises consumers to immediately stop using the recalled cribs and to request a free repair kit to immobilize the hazardous drop side. Only after the side has been immobilized will the crib be safe for use. Additional information — including the model numbers and photos of the six recalled cribs — is available by contacting the manufacturer at 877-967-5770 between 9 a.m. and 5 p.m. PT Monday through Friday or visiting the firm’s website.

Because older cribs do not meet new federal standards and can pose a variety of safety problems, the Consumer Product Safety Commission (CPSC) advises consumers to check if their crib has been recalled at www.cpsc.gov. The agency offers other important safety information about the use and maintenance of cribs in the recall notice on its website.

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Tom DeVoto Applauds FDA Effort to Prevent Medication Errors

Posted on May 17, 2012 by Administrator

St. Louis medical malpractice attorney Tom DeVoto applauds the Food and Drug Administration (FDA) for its recently announced collaboration to prevent medication errors. “It’s critical for consumers to have confidence in the medications they take,” he says. “Errors at any step in the chain — from manufacturing to labeling and packaging to dispensing a medication at a pharmacy to taking the medication — can create deadly risks for consumers.”

Medication errors have many causes, including miscommunication between physicians and pharmacists due to poor handwriting, confusion from drugs that look alike or have similar names, unclear labeling or confusing packaging. The FDA hopes to reduce these risks through expanded collaboration with the Institute for Safe Medication Practices (ISMP), a group that works with physicians and manufacturers to reduce preventable harm from medicines and promotes consumer education on safe medication use.

Collaborative efforts now include the sharing of medication error reports from pharmacists, nurses and physicians — allowing the FDA to determine the cause of a medication error and take action before the error causes harm. The partnership also gives consumers more resources to help them protect themselves and their families from medication errors, including:

  • MedWatch, an FDA site where consumers can report bad experiences with medical procedures and products
  • www.ConsumerMedSafety.org, an ISMP site where consumers can research a drug’s side-effects, duplicative treatments and drug interactions and subscribe to a free safety alert service
  • ISMP’s “Safe Medicine” newsletter on ways consumers can become active partners with health care professionals in preventing medication errors

“This is the kind of knowledge and resource sharing that we expect from our federal government,” Tom DeVoto says. “Keep up the good work to protect U.S. consumers, FDA.”

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Tom DeVoto Shares Experts’ Advice on Choosing a Competent Doctor

Posted on May 14, 2012 by Administrator

Whether your view of the ideal physician is TV’s Marcus Welby, M.D., Dr. Kildare, “Dr. Dreamy” of Grey’s Anatomy fame or a mix of all three, St. Louis medical malpractice attorney Tom DeVoto says, “Certainly, you want a physician whom you can trust to provide you with quality care.”

“Experts differ on the narrow advice they offer consumers,” he says, “but they agree on one thing: when looking for a doctor, do your homework.” He stresses the importance of ensuring that any physician you’re considering is board certified in his or her specialty area, providing added assurance of the physician’s training and expertise.

Two articles on finding a physician, Tom DeVoto says, provide particularly sound advice and valuable resources. The first, “You Can Find Dr. Right, With Some Effort,” appeared in The New York Times in 2008. The following are some points that author Roni Caryn Rabin makes:

  • Find a physician before you come down with a serious illness—especially if you have an ongoing condition or if your lifestyle puts your health at risk.
  • Seek out lists of top doctors that regional magazines may compile; these lists usually are developed by surveying physicians.
  • Check with the state medical board to verify that a physician’s license is valid and if the physician has been disciplined for any medical missteps. Also ensure that the physician is certified in a specialty, such as internal or family medicine, and subspecialties, such as treating diabetes.

The second article—“Be a Smarter Patient”—appeared in the August 2011 issue of Ladies’ Home Journal and is available on the LHJ website. Here’s a sample of what author Sharlene Johnson, a health journalist and two-time cancer survivor, advises:

  • If you’re looking for a surgeon, ask friends who know a local anesthesiologist, scrub nurse or surgical resident; they’ll know skilled surgeons and advise which to avoid.
  • Use Google Scholar or PubMed.gov to find a doctor who has published papers on your condition.
  • Contact patient-support groups that focus on specific conditions for advice about providers, treatments and more.

“The first step in avoiding an incident of medical malpractice,” Tom DeVoto cautions, “is picking a competent physician, experienced in the treatment or procedure you need. Although almost every medical treatment or procedure has some risks, you’ll increase the chances for a successful outcome by putting yourself in the hands of the right medical professional.”

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Tom DeVoto Applauds Stepped Up FDA Safety Efforts in China

Posted on May 9, 2012 by Administrator

St. Louis product liability attorney Tom DeVoto says a heightened effort by the Food and Drug Administration’s (FDA) China office to ensure the quality and safety of Chinese imports is good news for U.S. consumers. According to a report on the FDA’s website, the federal agency has trained more than 1,600 Chinese manufacturers and regulators on U.S. safety standards for food and medical products over the last two years as part of “a new era in cooperation.”

The impetus for the FDA’s enhanced efforts, which included opening offices with permanent FDA staff in three Chinese cities with high concentrations of manufacturers, was several scares in 2007 and 2008 that shined a bright light on the country’s safety problem and the potentially widespread effects on both U.S. and Chinese consumers. Permanent FDA staff are now located in a number of other countries as well.

“This stepped up FDA effort to ensure the safety of food and drugs entering the U.S. is great news for U.S. consumers. According to an FDA video, from 2008 to 2010, the U.S. imported more than 4.5 million shipments of regulated goods from China, including food and medical products. Improper manufacturing and packaging of food and drug products can result in serious illness and even death.”

“I wish the Consumer Product Safety Commission (CPSC) would take a similarly aggressive approach to other types of Chinese-made goods, including children’s sleepwear and toys, that are flooding the U.S. market,” says Tom DeVoto. “It’s all too common for the CPSC to issue recalls of these products because they pose serious hazards for users. That’s why my blog regularly includes postings on recalls that involve widely distributed products with the potential to harm large numbers of unsuspecting U.S. consumers.”

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Tom DeVoto Warns, Boy’s T-Shirts Sold at Kohl’s Came with Flammable Toy Trucks

Posted on May 7, 2012 by Administrator

With 10 Kohl’s stores in the St. Louis area or within driving distance, it’s very likely that some St. Louisans recently purchased a boy’s T-shirt that came with a toy truck that poses a fire hazard. St. Louis personal injury attorney Tom DeVoto wants St. Louis residents to know about this dangerous toy truck, to take it away from children and to remove the batteries.

After receiving four reports of incidents involving the trucks, including one report of a truck catching fire, importer/distributor Happy Shirts recently recalled about 9,000 of the toys. The trucks came as gifts with Big Movers T-shirts in boy’s sizes S, M and L—sold exclusively at Kohl’s stores and on the store’s website in February and March 2012.

The four-inch-long blue trucks have oversized tires, a flashing light on top and a yellow, red and blue logo on the hood. Pictures of the T-shirt and truck can be viewed on the Consumer Product Safety Commission’s website.

If you purchased one of these T-shirts, you can call Happy Shirts for more information at toll-free 855-354-2779, Monday through Friday, or visit the firm’s website at www.happyshirts.com.

Attorney Tom DeVoto regularly posts information about product recalls on his website as a community service, to alert St. Louis area residents to dangerous products they may have in their homes.<

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Medicine Storage Containers by Locker Brand Permit Unauthorized Access, Cautions Tom DeVoto

Posted on May 3, 2012 by Administrator

If you have a medicine bottle storage container in your home to prevent children and other unauthorized individuals from accessing over-the-counter and prescription medications, St. Louis personal injury attorney Tom DeVoto says, “drop everything and check it out immediately.” Locker Brand, Inc., of Henderson, Nevada, recently recalled almost 60,000 of its storage containers, called Rx Lockers, because their latches can be easily opened when locked.

The Chinese-made lockers were sold at Bed Bath & Beyond, CVS, Walgreens and Locker Brand’s website from June 2010 through October 2011. To find out if your Rx Locker is among those that have been recalled, look for any of these six-number groupings at the end of the batch number printed on the bottom of the container: 052 010, 062 010, 082 010 and 122 010.

If you have a recalled container, stop using it immediately and contact Locker Brand for a free return mailer at toll-free 888-491-6617, Monday through Friday, 9 a.m. to 5 p.m. Pacific Time. Or, you can e-mail Locker Brand at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . When the company receives your recalled Rx Locker, you’ll receive a full refund.

For additional information on the recall, including pictures of the Rx Locker, visit the Consumer Product Safety Commission’s website or the Locker Brand website.

Attorney Tom DeVoto, who represents injured parties in product liability lawsuits, regularly shares information about recalled products on his website for the protection of St. Louis-area consumers.

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Homeowner Product Recall Notice On Three Dangerous Lawn Care Products

Posted on April 30, 2012 by Administrator

As we enjoy spring weather in the St. Louis area and homeowners’ thoughts turn to lawn work, St. Louis product liability attorney Tom DeVoto is sounding an alert on three dangerous lawn care products. All three hazardous products were still being sold early this year, prior to their recent recalls by their manufacturers. Consumers are warned not to use these products.

Gas-Powered Backback Blowers. ECHO, Inc., an Illinois manufacturer, has recalled 16,000 ECHO two-cycle gas-powered backpack blowers due to a potential fire hazard. Sold at Home Depot and authorized ECHO dealers from August 2011 through January 2012, the blowers’ fuel lines may be damaged, which could cause a fire during use. Complete information on the recalled blowers (model PB-265L), including the serial numbers and color photos, is available on the Consumer Product Safety Commission’s website and by visiting the manufacturer’s website.

Hydrostatic Lawn Tractors. Hydro-Gear Limited Partnership, an Illinois manufacturer, has recalled 2,700 hydrostatic lawn tractors due to brake problems that could cause a crash. The recall includes certain Cub Cadet, MTD Gold and Troy-Bilt lawn tractors, sold by lawn and garden retailers nationwide from January 2011 through January 2012. Complete information on the recalled models, including photos, is available on the Consumer Product Safety Commission’s website and Hydro-Gear’s website.

Honda Grass Trimmers. Due to a laceration risk, American Honda Motor Company has recalled 14,000 model HHT35SUKAT grass trimmers sold by U.S. Honda power equipment dealers nationwide and online from May 2006 through February 2012. The lower gear case and cutting attachment can detach, posing a risk to the operator and bystanders. Recalled trimmers are in the serial number range HAHA-1000001 to HAHA-1017345 (bicycle-handle models only); the serial number is located on the top side of the shaft below the handlebars. Complete information on the recalled grass trimmers, including photos, is available on the Consumer Product Safety Commission’s website and on Honda’s website.

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“Trusting the Wisdom of Juries Is Central to Our Legal System,” Says Tom DeVoto

Posted on April 27, 2012 by Administrator

“The $4 million jury award to each of the two families who sued the Commonwealth of Virginia for negligence in the 2007 Virginia Tech rampage may appear excessive to some people,” says St. Louis personal injury attorney Tom DeVoto. “But,” the St. Louis attorney stresses, “juries do the right thing in an extraordinarily high percentage of cases—assuming that the case has been tried correctly. And trust in the jury system is at the heart of the U.S. legal system.”

The Virginia Tech tragedy is etched in the memories of most Americans. The perpetrator, Seung-Hui Cho, shot two students in a dormitory and then went on to kill 30 more students before shooting himself. The families who brought the suit claimed the school hadn’t informed the student body quickly enough after members of the Virginia Tech Police Department discovered the two dead students in the dorm. An earlier investigation by the U.S. Department of Education had found that the school hadn’t notified students in a “timely manner,” and the federal body had fined the school for not following its internal procedures.

“In this lawsuit,” Tom DeVoto notes, “a seven-person jury heard sufficient evidence to conclude that the university could have, and should have, done more to limit or prevent the deaths and injuries that occurred after the first two killings. It’s really impossible for anyone who didn’t hear that same evidence to judge whether the jury erred in ruling against the state, and the university, and awarding each of the plaintiffs $4 million.”

“An open question,” the St. Louis wrongful death attorney adds, “is whether the award will be reduced to the $100,000 per claim permitted under Virginia law. I’m not a Virginia attorney, but there appear to be some ways to get around this cap. We’ll have to wait for the next chapter in this terrible tragedy.”

A full report on the jury award is available on cnn.com.

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“Does St. Louis Really Have the Most Dangerous Drivers in the U.S.?” Asks Attorney Tom DeVoto

Posted on April 24, 2012 by Administrator

St. Louis personal injury attorney Tom DeVoto questions a study of St. Louis drivers that got some media attention a few weeks ago. According to a KSDK-TV news story, Men’s Health magazine (April 2012 issue) has named the Gateway City the U.S. city with the most dangerous drivers. On the magazine’s ranking of 100 cities, St. Louis was dead last.

Attorney Tom DeVoto says: “The Men’s Health study might not stand up to a careful examination of its statistical rigor. So whether our city is really home to the worst drivers in the country may be debatable. What the study underlines, however, is that the rate of seatbelt use is unacceptably low in Missouri, and probably in St. Louis as well. And the law on driving while using a cell phone is flat-out inadequate. Both variables apparently were considered in the magazine’s survey.”

The Missouri State Highway Patrol reported in a press release dated March 7, 2012, that in two-thirds of the traffic fatalities for the first two months of 2012, those killed weren’t wearing their seatbelts. “Unfortunately,” says Tom DeVoto, “Missouri has a secondary seatbelt law, so authorities can’t stop vehicles just because the occupants aren’t wearing seatbelts. A primary seatbelt law would save lives.”

But DeVoto takes heart that a bill (SB 717) that would create the traffic offense of distracted driving —which would appear to make the use of a cell phone a punishable violation — is making its way through the Missouri legislature.

“I’m following SB 717 with great interest. The cell phone law that’s on the Missouri books prohibits texting only by drivers 21 years old or younger. It’s not just an issue of raising the state’s ranking on a nationwide survey. It’s a question of life or death for St. Louisans and all other state residents when they’re on Missouri roadways.”

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Dr. Andres Lao Memorial Medical – Surgical Mission

Posted on April 18, 2012 by Administrator

  • Cordova Rural Health Center
  • Cordova Mactan Cebu Philippines

In February 2012, my wife, Sandy, and I took time away from the office to participate in a medical mission trip to the Philippines.  Long-time friends, the Arenos’ who regularly volunteer with  medical missions to Philippines, finally convinced us we had to come to see the country, do some good work, and have fun.  It was an experience of a lifetime and one we could not have enjoyed more.

Our first week in the Philippines was on the island of Cebu where the Dr. Andres Lao Memorial Medical-Surgical Mission was taking place. Our group, the BISAYA Medical Association USA, was there to help the underprivileged get medical care they often can’t afford.  We set up our mission site in an open-air gymnasium attached to a local school.

Open air gymnasium, showing people waiting and others consulting with doctors

Open air gymnasium, showing people waiting and others consulting with doctors

It had a roof but was very open to the outside and no running water.  Dogs, cats and birds were all regular visitors.  Needless to say sanitary standards are a little different than we are used to, but good work and healing took place.  In temporary partitions, the doctors did everything from routine check-ups and vaccinations to minor surgeries.

Open air gymnasium, showing the temporary partitions for surgery

Open air gymnasium, showing the temporary partitions for surgery

I spent most of the week working in the surgery helping doctors, including my friend Dr. Joe Arenos, with whatever they needed from providing clean gloves to sterilizing equipment.

Left in blue Dr. Dumadog, middle & setting in green Dr. Arenos and right in yellow Tom DeVoto scrubbed in and helping the surgeon while two student nurses watched.

Left in blue Dr. Dumadog, middle & setting in green Dr. Arenos and right in yellow Tom DeVoto scrubbed in and helping the surgeon while two student nurses watched.

On the left is Tom DeVoto and on the right is Dr. Joe Arenos, both from St. Louis, standing outside one of the surgical bays of the (mission) in Cebu, Philippines.

On the left is Tom DeVoto and on the right is Dr. Joe Arenos, both from St. Louis, standing outside one of the surgical bays of the (mission) in Cebu, Philippines.

There were about 50 US mission doctors who asked that I give a presentation on the law and medicine in the United States and I spoke for an hour at lunch.  My wife Sandy and her friend Linda Arenos, spent the week working in the pharmacy and dispensary keeping track of supplies and counting out prescriptions.

After a week of hard work and a Certificate of Appreciation to prove it, we stayed another week to have some fun and to see this part of the world.  Sandy & Linda dipped their feet into the South China Seas

One the left Linda Arenos and on the right Sandy DeVoto stick their toes in the south Pacific. The weather proved unseasonably cool the week we were there.

One the left Linda Arenos and on the right Sandy DeVoto stick their toes in the south Pacific. The weather proved unseasonably cool the week we were there.

, the weather was unseasonably cool.  We spent time with our friends from the mission and toured some of the historic sights. We saw where Magellan landed and where he was defeated, but we also saw the island of Corregidor.

Tom DeVoto standing in front of the gunnary on Corregidor

Tom DeVoto standing in front of the gunnary on Corregidor

As a history buff and the son of father who fought in the Pacific in WWII, this was something I really wanted to see.  The Pacific War Memorial and Museum on the island commemorating American and Philippino troops is outstanding complete with restored armaments and examples of the bunkers, hospitals and storage depots that were dug into the island.

Other fun we had in the Philippines, involved the men playing golf and the women taking opportunities to shop. And then there was the food!

Some of the golf courses on Cebu

Some of the golf courses on Cebu on gorgeous and some are a little more rustic, where not everyone gets out of the way if you yell, “Fore!” Sometimes we had to shoo the cows off the fairway.

One of the restaurants we visited

One of the restaurants we visited

One of the many lechon (roasted pig) which we were served.

One of the many lechon (roasted pig) which we were served.

Once again we want to thank everyone involved for an amazing experience.

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