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The estate of Bend man Stephen Brenn is suing orthopedic surgeon Dr. Anthony Hinz for almost $10 million for Brenn’s wrongful death. The lawsuit has gone to trial.

Brenn died in 2006. The complaint accuses Hinz of negligence when he performed elective ankle surgery on Brenn. Brenn died just hours after the procedure.

Brenn’s estate has already reached a settlement agreement with St. Charles Medical Center-Bend. The trial now goes forward to determine whether Hinz and the nurses that gave Brenn pain medication were responsible for his wrongful death.

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In the wake of last year’s mass recalls of 45 million toys and other products due to the potential hazard they could pose to children, both the US Senate and the House of Representatives have approved a bill banning lead and six kinds of phthalates in products made for kids under age 12. The bill mandates that all toys in the United States undergo testing for dangerous chemicals before they are allowed to enter the marketplace—a definite change from the current approach, which allows untested toys to be sold and then later recalled.

Dangers of Lead
Exposure to high levels of lead can lead to serious health issues for kids, including lead poisoning, seizures, learning disabilities, behavioral issues, brain damage, and death. Many kids’ toys were recalled last year because lead levels in their paints were excessively high. Although the Consumer Product Safety Commission made it illegal 30 years ago to use paint with over .06% of lead on toys, most of the toys recalled were made in China.

The bill also increases the Consumer Product Safety Commission’s budget to $118 million in 2010 and $136 million in 2015. The CPSC would also be required to put up a Web site where consumer complaints would be posted.

The Toy Industry Association says the bill will make it easier for manufacturers, who can then follow national guidelines rather than having to look to the different state laws. The measure now goes to President Bush.

Danger of Phthalates
Certain animal tests have indicated that exposure to phthalates may lead to lower testosterone and genetic defects in boys, early puberty in girls, and impaired sperm in men. Phthalates can often be found in baby bottles, rubber ducks, teething rings, and other products for kids.

Not toying around: Congress OKs bill to ban chemicals in some products, USA Today.com, August 2, 2008
Bill targets toy safety, ChicagoTribune.com, July 29, 2008
Related Web Resources:

Phthalates Information Center

Why Is Lead in Toys?, Wnep.com
H.R. 4040 The Consumer Product Safety Modernization Act

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The State of Oregon, two of its employees, and SUV driver Joseph Paul Merris have been named defendants in a wrongful death lawsuit seeking over $3.4 million in financial compensation. Delno Williams, the father of 18-year-old psychiatric patient Heather Williams, filed the lawsuit in Umatilla County Circuit Court.

Heather died last December after she jumped out of a moving Department of Human Services van on Interstate 84 close to Milepost 205. She was then struck by an SUV driven by Merris. Heather died of her motor vehicle accident-related injuries.

According to the wrongful death complaint, the state of Oregon, the Department of Human Services, and Blue Mountain Recovery Center employees Renee Avenson and John L. Jones were negligent because they did not put Heather in a vehicle with a cage so she couldn’t jump out. The suit also alleges the failure to train and instruct employees correctly so they would have acted preemptively to prevent Heather from getting out of the van. According to an internal report, this was not the first time that Heather had tried jumping out of a moving vehicle, and center workers had been warned to transport her in vehicles with child-proof locks and a cage.

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