Sooner or later, they’re going to get one right

When I was growing up, Dad always had workshop.  One of the mantra’s I heard him repeat (and find myself repeating to my kids) is “measure twice, cut once.”  That is, make sure the part fits before you make it permanent.  The parents of the good people of Zimmer apparently never imparted such wisdom to their kids.


Zimmer has now had to recall a part of its Persona artificial knee implant, specifically, the Persona porous coated, uncemented trabecular metal tibial plate.  Say that three times fast.  It seems that Zimmer began selling its knee implant without doing any clinical trials first.  This is the same problem Stryker had with its hip implants recently.

Zimmer Persona knee components can become loose, causing swelling and pain, and develop radiolucent lines – large gaps between the parts of the implant and the bones – which can damage both the bones (called osteolysis) and the device itself.

What does this mean to you:

A couple of rhetorical questions come to mind.  Shouldn’t companies that make products, especially ones that get implanted inside your body, have to test them first?  And how does one actually recall a device AFTER its been implanted?

Mmm, that’s some good Viptera.

People eat lots of strange things these days.  Believe it or not, we’ve all probably eaten Viptera, which is strain of GMO corn introduced by the fine folks at Syngenta and sold to farmers in 2011.


The thing is, China (a large importer of US corn) doesn’t buy GMO corn, and rejected US corn – whether it was Viptera corn or not.  Farmers all across Ohio and the country could not sell there corn, and the price of corn has taken a huge hit.

What does this mean to you:

Low corn prices, while great for consumers, are disastrous for farmers who can now not sell their corn crop at reasonable prices.

The hidden cost of tort deform

General Motors knew that its ignition switches were faulty but allowed people to continue to drive Chevy Cobalts and other cars for years.  To date, 49 of those people have died in crashed related to the defective switches, and many more suffered horrific injuries.


However, many families of these innocent victims have not been able to obtain justice.  Many states, including Ohio, place a limit on the amount of compensation injury victims and their families can get under the guise of “tort reform.”  As pointed out in this recent New York Times piece, it simply becomes too expensive to bring a case, in light of what the law allows to be recovered.  Said another way, by the time experts are hired to prove the case, the value of the injuries and suffering is not enough to obtain a successful result.

In fact, Ohio even takes the added step of cutting off the right to bring a case after the product is 10 years old.  This “statute of repose” applies even if it is defective and dangerous and even if the manufacturer knew of the problem.

What does this mean to you:  

No one would dispute that frivoulous lawsuits have no place in our legal system. The dispute is, what constitutes “frivolous” and who gets to decide?  Politicians or a jury of your peers?

That fracking hurts!

Ohio has become the new Texas with the oil and gas drilling boom consuming much of eastern Ohio.  Most of the media attention around fracking has focused on the environmental impacts – flammable tap water, earthquakes in Ohio, or toxic drinking water, to name a few.  Nasty stuff, to be sure.


But the physical dangers to people in the area of the wells, workers and others, is also a big fracking problem.  I saw this article today about a worker at a well in Noble County, Ohio who died after an explosion.  I suspect we will start to see more and more unfortunate, but preventable, injuries in the fracking industry in the coming months and years.

What does this mean to you:

Though the energy companies promise jobs and increased economic opportunities to the communities they invade, the costs – in terms of both environmental and human loss – continue to mount.

Take a moment and repose yourself

Most people are familiar with a statute of limitations, a law that gives you a certain amount of time to bring a claim starting from the date of the injury.  That makes sense, since you know when you are injured.  A “statute of repose,” on the other hand, is a limitation on the amount of time starting from the date a product is made, whether you have been injured yet or not.

Seeking enlightenment

What makes these laws – such as Ohio’s law – particularly vicious is that they can cut off the ability to file a claim BEFORE THE INJURY HAS EVEN HAPPENED.  One a product had been made – whether that’s a medical device like a hip implant, a smoke detector, or a baby’s high chair – after 10 years, no claims can be made against the manufacturer.

What does this mean to you?

Not surprisingly, Ohio’s statute of repose has been described as “a victory for manufacturers.”  If manufacturers won, who lost?  And by the way, how does this make products safer?

Shhh! We’d like to keep our fraud secret!

So, Über and Lyft want to keep their insurance policies secret, which raises a lot of questions in my mind.  Like, what are they hiding?  And specifically, what is covered by the policy?  Is it only the driver, or are the passengers covered too?  Seems like we should be allowed to know the answers.



Interestingly, the companies are required to carry uninsured and underinsured motorist coverage – insurance that protects you when you are not at fault.  But, there is no requirement that the rest of us buy uninsured motorists coverage, and there is no requirement that your agent offer or even explain it to you.   Its important enough to require it for those services, but not for everyone else.  Hmmm.

What does this mean to you:

Go now and find out how much uninsured motorists coverage you carry on your insurance policy.  We will wait for you here.  Yes, its that important.  Go on.

Do you have uninsured motorists coverage in your auto policy?  Do you also have it in your umbrella policy?  What are the limits?  Considering that almost 15% of drivers carry no insurance and many more do not carry enough insurance, do you have high enough limits?


What did you expect?

Its football season again.  Finally.  But with the season comes the ongoing discussion about concussions, especially repeated ones, and what is and is not an acceptable level of carnage that players endure for our amusement.  The NFL recently settled a lawsuit by former players regarding concussions.  And now comes word that a suit has been filed in California against FIFA attempting to alter rules to curb concussions too.

Brain Trauma

What does this mean to you:

Does everyone know that slamming your head into a 300 lb. hunk of linebacker is probably not good?  Sure.  But if the organizing league had information that the problem is much worse than reported, and refused to take action to fix the problem, all in order to make a profit at expense of the players’ health, that is a problem too.

Where there’s smoke, there’s fire

When I was growing up, my grandfather was a smoker.  As entertainment for the grandkids when we’d go to visit, grandpa Harris would stand up on a chair, hold his lit cigarette up to the smoke detector, and set off the alarm.  Now that’s fun.

smoke detectorBut its only fun as long as the smoke detector works.   It was revealed this week that as many as 150,000 smoke detectors made by ESL and Interlogix have been recalled.  According to the Consumer Product Safety commission, radio interference can cause the detectors to fail.  Most were installed commercially in schools, apartments, hotels, and dorms. 

What does this mean to you:

Call your security or fire system company to see if you have one of the recalled units.  If you do, you can find out more by calling Edwards/ESL at (800) 655-4497 or Interlogix at (855) 286-8889.

Maria’s Message

For those who don’t know, Dom Tiberi is a Central Ohio sportscaster who lost his daughter, Maria, last year due to distracted driving.

Maria's Message

He and his wife have been on a tireless campaign to raise awareness of the dangers distracted driving poses to any one of us on the roads.  The Central Ohio Association for Justice was proud to present the 2014 Outstanding Citizen Award to Dom on behalf of Maria’s Message.

In addition, Marlboro will sponsor the Komen 5k race

Mark Twain once said that golf is a good walk spoiled.  Truth be told, I  tend to agree with him.  But people nonetheless seem to enjoy the activity, whether they’re out strolling the fairway or going for the long ball.


Hopefully, then, the irony was not lost this week when it was announced that the PGA Tour would be sponsored by – wait for it – Stryker Orthopedics.  Yes, that Stryker Orthopedics.  The one that made 20,000 defective ABG II and Rejuvenate metal hip implants.  The ones that would be bad for golfers (or anyone else who likes to, you know, move) to use.

What does this mean to you:

Remember that advertising and corporate sponsorship can be as much about framing and creating a positive public image as about selling products.