Illinois Lawyer Blog

Just saw some news that ALL Marie Callendar brand cheesy chicken and rice frozen meals are being recalled in light of salmonella claims in 14 states.

Shia Kapos had an interesting article in this week's Crain's Chicago Business on the "collaborative divorce". Collaborative divorce started in Minnesota about 20 years ago. The objective of a collaborative divorce is to expedite the divorce process, while minimizing the drama and dollars associated with the traditional divorce. Here is how it works - the parties agree to work with divorce lawyers who have received specialized training in collaborative divorce law. Then the parties, and lawyers, sit down, [with the help of financial experts and life coaches[?]] and eventually work out an agreement that is then presented to a judge for approval. If successful, a collaborative divorce generally costs only half of what a traditional divorce will run.

The jury is out as to whether this concept is catching on in Illinois. Only 7% of the divorces filed in 2008 used the collaborative approach. But when parties do decide to try collaboration, it usually works, with only 5% of collaborative divorces having to ultimately return to the traditional divorce approach.

Some lawyers like it. James Galvin, one of the founders of the Collaborative Law Institute of Ilinois noted that the process "allows clients to make decisions about their lives instead of lawyers or judges" Some lawyers aren't impressed. David Novoselsky was involved in a divorce with Mr. Galvin on the other side. It started out as a collaborative divorce, but eventually the parties wound up in traditional litigation. "[Collaborative divorce is] a boondoogle," Novoselsky said. "Collaborative law is the North Shore trend of the week. If you have two reasonable people and two decent lawyers who are interested in helping clients, you don't need to go through this formal process that's been named "collaborative law".

Susan Schwallie, a food market researcher went through a collaborative divorce in 2007 and had a positive experience. But, as the article noted, she still felt like she got the short end of the marriage deal. "No matter how you do it, you feel that way," she noted. "It's not just financial or material loss. It's a loss all the way around."

As reported by Steve Daniels in the May 3, 2010 issue of Crain's Chicago Business, Illinois Attorney General Lisa Madigan is unhappy with Nicor. Madigan is claiming that Nicor's gas pipe repair service insurance is a rip-off. The insurance plan, officially known as ComfortGuard, covers the cost of repairing gas pipes in customer homes. According to Madigan's office, the Nicor advertising campaign affiliated with the program is misleading. The ads allegedly imply that customers who don't buy the insurance will have to hire outside contractors to fix the pipes. In reality Nicor is obligated to repair pipes inside the home.

About 20% of Nicor customers[440,000] purchased the insurance, which sells for $4.95 a month. Nicor pocketed $26 million in profits from the program last year - while paying out only $60,000 in claims. Madigan is asking the Illinois Commerce Commission[ICC] to bar Nicor from hawking ComfortGuard.

In a statement, Nicor noted that ComfortGuard "...provides a real value to its many customers..." Nicor is expected to specifically respond to criticisms in hearings before the ICC. The ICC is expected to rule on the controversy sometime in early 2011.

Scary story in the Chicago Sun-Times last week involving about a toy flashlight. Midlothian resident Brandi Pavoni had purchased the flashlight at Target for Emily, her three year old daughter. The flashlight included Halloween-themed stencils that could slip over the bulb and be projected onto a wall. The flashlights are depicted below.

Emily went down for a nap with the flashlight next to her. A couple of minutes later, Mom smelled smoke, rushed into Emily's room and saw smoke coming from her bed. The bottom part of the flashlight, opposite the bulb, had melted and burned through the a pillow. Thankfully, Emily was not harmed.

The metal coil touching the battery became too hot and caused the casing to melt, even though the flashlight was switched off. A spokesperson for Target indicated that two models of the toy were pulled from shelves after Target received reports that the flashlight was overheating. Customers who purchased either model may return it to any Target for a full refund.

Toyota was recently hit with a couple of lawsuits that could spell VERY BIG TROUBLE for the company. First, former Toyota attorney, Dimitrios Biller recently filed a racketeering lawsuit against Toyota, alleging that his former employer concealed and destroyed evidence that should have been produced to lawyers representing people injured in rollover accidents. Biller claims the company regularly withheld data and allowed witnesses to testify the records did not exist. Toyota has called Biller's allegations "inaccurate" and "misleading". And then they promptly requested that the Court records be sealed.

But wait - there's more. Shortly after Biller's lawsuit was filed, a class action was filed in federal court in Los Angeles. The class action seeks to represent all plaintiffs who lost or settled cases where Toyota allegedly withheld evidence.

Biller's allegations, if true, could have enormous repercussions for the company. First, there would be serious consequences for those persons who knowingly destroyed, and or lied about the existence of the records in question. Most judges in the United States take a rather dim view of that type of behavior. In addition, if there is merit to Biller's claims, it is likely any defense verdict for Toyota in a rollover case can be attacked and possibly overturned. Additionally, lawyers who settled with Toyota in rollover cases will likely seek to vacate the settlements and seek significantly higher awards. Then there is the additional litigation expense, which will be staggering.

Finally, again, assuming the allegations are true, there are evidentiary questions which could lead to significant gastrointestinal discomfort for Toyota lawyers. First, if Toyota was aware of certain defects and did not address them, then there is the specter of punitive damages. In addition, if documents were destroyed or concealed, are those facts admissible? You can bet the plaintiffs' lawyers will argue they are.

Yeah, this was definitely not a red letter week for Toyota.

Teddy Kennedy lost his battle with cancer late Tueday night. The dissection and meaning of his life by the talking heads is now underway. Most of the coverage is fairly even-handed, and doesn't omit the details of an occasionally troubled personal life. On Twitter, Carol Marin shared a great tribute she saw on the failed talkers blog. Certainly worth a read.

Back from vacation, stumbled across an interesting blurb at Law.Com's Legal Blog Watch. According to an admittedly unscientific poll, 50% of law blogs fail in the first year. The explanation? According to the article, because lawyers simply don't have the time to dedicate to providing content on a regular basis. We lawyers are apparently very busy.

But lack of time is far too simple an explanation. There is more to it. My thought is that lawyer/bloggers are too lazy to find that interesting article and bring it to the masses. Not me, no sir. In this blog you can read about 9 foot tapeworms and strippers. I make the effort because I care. Deeply.

Good day today. It appears that I am finally wrapping up a retaliatory discharge case that has seemingly been going on forever. Plaintiff agreed to accept a settlement and the releases are finally signed, sealed and delivered. Would love to provide additional details, but the settlement is confidential.

And, Mark Buerhle of the White Sox throws a perfect game against the Tampa Bay Rays!! He is only one of 6 pitchers in the history of baseball to own two no-hitters. Hats off to the best pitcher in Chicago.

Got wind of this recall from the good folks at Kids In Danger, who work hard to keep kids safe and keep a close eye on this kind of stuff...

Seems like yet another problem has surfaced with Simplicity Cribs. On July 2, 2009, the Consumer Product Safety Commission[CPSC] announced a voluntary recall of Simplicity Drop Side Cribs. The cribs were distributed by Simplicity Inc, and SFCA of Reading, Pennysylvania. Apparently both companies have suspended day to day operations. A picture of the hazard created by the defect, is available below [in an absurdly large size because I don't have the slightest idea how to reduce these things].

The specific hazard involves the crib's plastic hardware. The hardware can break or deform, leading the drop side of the crib to detach. When the drop side detaches, a space is created between the drop side and the crib mattress. Small children can get themselves stuck in the space, leading to suffocation.

The CPSC is aware of one death involving an 8 month old child in Houston, Texas. The child became entrapped and suffocated between the drop side and the mattress when a plastic connector on the drop side broke. CPSC is also aware of another 25 incidents where the drop side improperly detached from the crib. Thankfully no injuries were reported.

Additional information is available via the actual recall notice.

In the Sunday Chicago Tribune, Deborah Shelton has a great article about how the Illinois agency responsible for disciplining doctors is not aggressive enough. The agency in question, the Illinois Department of Financial and Professional Regulation[IDFPR] oversees a number of professions, including the practice of medicine. The article focused on one doctor in particular - Nicholas Caro, M.D., a Chicagoland ophthalmologist[eye doctor]. The article explained that since the early 1990's, Caro has been sued nearly 50 times, with 29 of the lawsuits filed in the last decade.

Caro is affiliated the St. George Corrective Vision Center on West Peterson Avenue in Chicago, where he serves as the medical director. Specifically, Caro does Lasik surgery, a cosmetic surgical procedure where a laser is used to change the shape of the cornea, or covering located at the front of the eye. According to the article, Caro has performed 25,000 eye procedures in the last 25 years.

The chief medical prosecutor for the IDFPR, Lisa Stephens, recommended in an original complaint in March, 2008 that Caro's medical license be suspended, revoked or otherwise disciplined. She further noted that Caro had "...committed acts and/or omissions which constitute gross negligence in the practice of medicine." The complaint was amended in July and October to include the specifics from additional cases. Yet the IDFPR has yet to take any action against Caro. In fact, no hearing date has been set. Daniel Bluthardt, Director of the Department's Division of Professional Regulation declined comment, but did note that "It's not unusual for a case, from start to finish, to take as long as two years to resolve." That may be. But Caro's situation might call for a little more urgency. The guy has been sued for malpractice nearly 50 times.

When reached to comment on the article, Caro noted that a lot of doctors get sued, and indicated that other doctors who perform Lasik procedures have similar problems. Shelton checked with the Ophthalmologic Mutual Insurance Company which insures nearly one third of ophthalmologists currently practicing in the United States. She noted that 75% of ophthalmologists who have been practicing 25 years, have been sued - but not with the same frequency as Caro. Of that 75% most have 3 or less malpractice suits against them.

In fact, as noted in the article, Caro's practice also attracted the attention of the federal government, back in 1997. At that time the Food and Drug Administration[FDA] said his clinic was using unapproved laser equipment in treating certain vision problems. The FDA removed the equipment from the practice. At the time the agency noted that "Such unapproved lasers pose a risk to patients because their use could potentially cause serious eye injury. The manufacturers and eye clinics had ignored prior warnings from FDA."

The folks at the IDFPR by and large do good work. But there is no excuse for letting this particular case just churn through the system like any other case. Push this case to the front of the line and take whatever action may be appropriate with respect to Dr. Caro.

The Chicago Sun Times had an interesting story today about a new investigation tool divorce lawyers are using - GPS trackers. The article, written by Frank Main, described how a weathly suburban man hid a GPS device on the family car. The device revealed that the wife dropped the kiddies off with her father[a convicted felon] then drove to a south side motel for some private time with her lover. Not just once, but 12 times!! In the course of the subsequent divorce case the husband confronted his wife with the evidence. Wifey acknowledged her sins and asked forgiveness.

The article notes that the devices are small enough to be concealed in a glove box or seat pocket. More importantly, as long as you own the vehicle, putting a GPS tracker on it is legal. The Spyzone link above shows how small the devices are and how easily they can be deposited in a car by a suspicious husband or wife.

As Illinois is a "no fault" state, incriminating GPS evidence typically does not effect the division of assets. The GPS data may however, have other uses. Evidence showing a spouse is running around may impact custody rulings. In addition, it can be used to show a spouse was draining assets from the household bank by spending money on a boyfriend or girlfriend.

Cheating hearts should look into rental cars.

According to a April 8, 2009 item in the Chicago Tribune, about 25,000 playpens made in China and imported by Simplicity Inc. and SFCA Inc. have been recalled. The playpen in question is known as the "Travel Tender Play Yard"[shown below]. The playpens are portable and feature a bassinet, along with a changing table. The specific defect involves a series of rails that can collapse unexpectedly, causing children to fall or become entrapped. The playpens were sold in Burlington Coat Factory stores and online at Babiesrus.com, Target.com and Kohls.com from March, 2005 through January, 2009.

The Consumer Product Safety Commission[CPSC] has initiated a recall after becoming aware of at least 5 incidents where the rails collapsed. Thankfully, no injuries have been reported. Nonetheless, the CPSC is recommending that consumers should stop using the playpens immediately and return them to the place of purchase for refund or replacement.

This isn't the first time Simplicity products have been the subject of recalls. In September, 2008 the CPSC had come under fire after failing to take appropriate action after becoming aware that two infants had died when the Simplicity Bassinet in which they were situated collapsed. The CPSC did issue a recall for the Simplicity brand items. Turns out however, that the exact same bassinet was being sold by a different company under a different name. Despite being so advised, the CPSC failed to issue a recall for those bassinets.

According to an article in today's Chicago Tribune, medical residents[medical school graduates caring for patients under the guidance of more experienced physicians] are still working way too many hours. The article, written by Mary Engel, discusses a report released Tuesday by the Institute of Medicine, an arm of the National Academies. The report recommends that residents not be allowed to work more than 16 consecutive hours. Currently, residents are permitted to work, get this, 30 hour shifts. And they are required to work those grueling hours despite a number of recent studies that have shown that that residents who work too long without sleep are, suprise, suprise, more likely to injure themselves or patients.

There are however, those who disagree with shortening the 30 hour shifts. Mark Langdorf, MD, Medical Director of the Emergency Department at the University of California Irvine Medical Center, is one of those who disagrees. In fact, he categorized the new recommendation as "nuts". Langdorf claims that any advantage gained by shorter shifts[like doctor and patient safety]would be outweighed by the disadvantage of having to turn patients over to doctors who don't know the patient's history. I'm no doctor, but I have to disagree with Langdorf. I thought the standard of care required that when any patient is turned over to another doctor, a comprehensive oral history is given to the new doc by the departing doctor. In addition, the patient's chart is presumably available, as is the nursing staff who typically has more contact with the patient anyway. And frankly, how sharp is a resident going to be after an exhausting 30 hour shift? I'm not sure I want some recent med school graduate making critical decisions about my health on Thursday morning, when he hasn't slept since Tuesday night. Hopefully these reforms will be enacted.

A recent study in the Journal for Empirical Legal Studies suggests that plaintiffs should strongly consider accepting settlement offers and NOT going to trial. Law Consultant Randall Kiser and Cornell Legal Professor Jeffrey Rachlinski analyzed over 2000 civil cases from 2002 through 2005. According to the study, 61% of those plaintiffs received less in damages than the pre-trial settlement offer. Conversely, only 24% of the defendants were hit with damages larger than the pretrial offer.

First, I haven't read the entire study, and quite frankly probably never will. [I have serious reservations that anything published in the Journal of Empirical Legal Studies is a fun read.] Secondly, I am not sure what type of lawsuits were studied. But the results are hardly earth-shattering. In personal injury lawsuits when the plaintiff can demonstrate liability on the part of the defendant, and serious damages, those cases rarely see the courtroom. Insurance companies/defendants recognize the dangers of leaving juries decide their fates, and settle the cases for fair amounts prior to trial. If on the other hand, the plaintiff has an iffy liability case, and/or limited damages, the likelihood of a large verdict is pretty remote. The defense recognizes that and is much more comfortable trying the case. Any pretrial offers will be correspondingly small, leaving the plaintiff little choice but to try the case. And, more often than not, tough cases result in defense verdicts. So the results of the study shouldn't come as a huge suprise. More importantly, the study shouldn't dissuade those people with strong cases from pursuing them to verdict.

According to an article in the November 7, 2008 Chicago Sun-Times, approximately 500,000 diabetic syringes are being recalled. The article, written by Monifa Thomas, notes that the manufacturer,Covidien, recalled 4,710 boxes of single use ReliOn syringes, sold at Wal-Mart and Sam's Club, between August 1 and October 8. According to the Food and Drug Administration[FDA] notice, use of the syringes may lead to the patient receiving more than twice the recommended dosage. The recall applies to 31 gauge, 1cc ReliOn Insulin syringes from lot number 813900. The product number is 38396-0403-02. The FDA has reported one adverse reaction. For more information, consumers are urged to contact Covidien at 866/780-5436, or go to the Relion recall website.

As noted in my October 27, 2008 post, the Canadian Food Inspection Agency[CFIA] recently issued a warning advising Canadian consumers not to eat Sherwood Brands Pirates Gold Chocolate Coins. Tests on the coins had revealed the presence of melamine. Sherwood Brands has now issued a notice to customers in response to the CFIA warning. The notice details that no Sherwood products containing melamine reached the United States. After learning of the FDA warning about possible melamine contamination in milk-containing products, Sherwood began to work with labs to confirm their products were free of melamine.

Sherwood has not received any chocolate in the United States from China since the initial report about melamine. The notice goes on to note that the identification of chocolate coins tainted with melamine was an isolated "situation" limited to Canada. Those coins were not sold or shipped into the US market and were produced before the initial melamine warning. Upon being advised of the contamination, Sherwood stopped all production and shipment of the coins. Sherwood is now testing all product earmarked for Canada or the US for melamine prior to shipment.

The Canadian Food Inspection Agency[CFIA] is warning Canadians not to eat, distribute or sell Sherwood Brand Pirates Gold Milk Chocolate Coins. Recent CFIA tests on the candy came back positive for the presence of melamine. The product at issue has 240 pieces of candy per package and bears UPC 0 36077 11240 and lot code 1928S1. The candy is distributed in Canda through Costco Stores. If the product code or lot number are not available to consumers, the CFIA is advising consumers to check for that information at the source of purchase. The CFIA is also advising retailers and distributors to stop distribution of the product. In addition, the CFIA is recommending that distributors initiate a voluntary recall. To date, no illnesses associated with consumption of the product have been reported.

J.W. Elphinstone of the Associated Press had an article in the Chicago Tribune today discussing the Delta Enterprises recall of 1.6 million older models of a drop-side crib after two infant deaths. The company indicated on Monday that 985,000 drop-side cribs, made between 1985 and 2007 require safety pegs that may be lost during the assembly process. In addition to those models, another 600,000 cribs made during the same time frame may contain worn out springs that also pose significant dangers to infants.

One of the infant deaths involved a missing safety peg. The crib's side became detached, resulting in a gap. The infant became stuck in the gap and suffocated. The circumstances leading to the second infant death were similar. In that instance, a worn spring peg failed to lock the side of the crib into place. The side detached and the infant suffocated after becoming stuck in the resulting gap.

According to Jack Gutt, a spokesman for the company, "Anyone who calls and has these cribs that were constructed in these time periods, we're going to send anybody and everybody either additional pegs or the retrofit kit". The diagrams below are from the Delta recall site, and show how the involved cribs would appear.

In addition to details contained in the recall, Delta has established a helpline at 1-800-876-5304. The Consumer Product Safety Commission[CPSC]has also issued a Press Release giving details about the recall. Thankfully, the CPSC acted a little quicker this time around, as compared to its glacial response when the dangers with Simplicity bassinets recently became known.

Wow, this is big. The Chicago Tribune has endorsed Barack Obama for President. This marks the first time ever, that's right, EVER, that the paper has endorsed a Democrat. Residents of hell are reaching for overcoats.

On Thursday, October 17, 2008, the Chicago Sun-Times had a story about the misfortune recently visited upon Michael Bielinski. On October 5, 2008, Michael was driving on the Kennedy Expressway, at about 3:30 am. He was returning home from a birthday party. His girlfriend was with him. Michael's vehicle was making a funny sound, so he pulled over near Ontario Street to have a look. And that's where things went south. As he was checking his vehicle, he was struck by another car. The driver of the other car never bothered to stop. MIke suffered horrendous injuries - a ruptured spleen; fractured vertebrae and assorted internal injuries. And, last week, his left leg was amputated. Michael now faces weeks or physical therapy at the Rehabilitation Institute of Chicago. To make matters worse, Mike doesn't have any health insurance. His medical bills will likely top $100,000. Mike's dad has offered a $10,000 reward for any information that leads to the arrest of the driver. In addition, Villa Rosa Pizza, Mike's employer is throwing a fund-raiser for Mike on October 27, 2008, from 4-8 pm. Finally, a medical expense fund has been set up at the Devon-Edgebrook Associated Bank, 6355 N. Central. Illinois State Police have been able to identify the other car as a black Mercedes Benz, based upon debris at the scene.

Anyone with information about the crash can call the Illinois State Police.

An article in the Chicago Sun-Times today discussed some dangers associated with driving in the fall. First, the article referenced a recent State Farm Insurance study showing that teen drivers have more automobile accidents in October. According to the article, when October rolls around claims resulting from teen drivers spike 20%. Larry Williams, a Chicago-based State Farm agent, told the Chicago Sun-Times that a number of factors may explain the increase in accidents. "We're extremely busy at this time of year," Williams noted. "I think more than anything it's because it gets dark quicker. The roads are slicker. The weather is changing, with the rain and the leaves." In addition, as noted in the article, [written by Mary Wisniewski] teens are busier in October, driving to football games, homecoming dances and related school activities.

In addition, the article also noted that the last three months of the calendar year, October through December, is the high season for deer collisions. There are approximately 1.5 million deer/automobile collisions per year. Sadly, more than 150 people per year lose their lives due to collisions with deer.

On-line articles suggested some basic cautions for drivers:

1) Slow down when approaching deer. If necessary, honk your horn or flash your lights to scare deer off the road.

2) Be mindful that the presence of a single deer suggests other deer are nearby.

3) Usually, it is best NOT to swerve around the animal, as a frightened deer may move in exactly the same direction. A better course is to simply brake and continue in the same direction.

4) Be particularly mindful of deer at dawn or dusk. In addition, be wary when approaching a hill or curve.

5) Don't trust "deer whistles" or ultrasonic deer avoidance systems[?].

As I noted in my September 11, 2008 post, Graco Children's Products and the Consumer Products Safety Commission[CPSC]had been inexplicably slow in alerting the public about a danger associated with the Graco Simplicity Bassinet. The bassinet's metal framework created a very real strangulation danger and at least two children had become caught within the framework and died. Graco, after news stories about the product broke, issued a recall on September 11, 2008.

Unfortunately, it appears that Simplicity models are still available for purchase through online services or community resale shops. After the initial recall, investigators for Illinois Attorney General Lisa Madigan scoured online and secondhand markets for the recalled bassinets. They determined that hundreds of Simplicity models were still available online through eBay or Craigslist. As a result of her investigation, Madigan's office announced a statewide initiative to identify recalled bassinets available through online markets. Madigan's office is also helping Illinois residents who purchased the defective bassinets with the refund process.

Madigan has also called upon the CPSC to create a strategy that includes online and secondhand markets when recalling dangerous products.

Okay, first in the interests of complete disclosure...

I am a White Sox fan. I don't hate the Chicago Cubs, I just don't care for them very much.

Secondly, this post has absolutely nothing to do with the law. But I couldn't let it go.

As you may know, the Chicago Cubs ran away with the Central Division this year. They won 97 games and more than a few sportswriters in Chicagoland picked them as a lock to finally get back to the World Series[after a brief absence of 100 years]. Unfortunately for the Cubs, things didn't work out for them. They were swept by the Dodgers in the NLDS three games to zip. So what did the Cubs do after getting swept? According to Chicago Sun-Times columnist, Rick Telander, one or more Cubs took their bats to a large water pipe in the visiting team's dugout. As a result, the dugout flooded. What a classy group of guys.

From the "You Can't Make this Stuff Up Department"...

Saw a number of reports today of an Illinois lawyer who was suspended by the Illinois Attorney Registration and Disciplinary Committee ["ARDC"]because of an unusual payment plan he concocted with one of his clients. The story begins in 2001 when the lawyer, Scott Robert Erwin was visiting Heartbreakers, a Compton, Illinois strip club. Erwin got to talking to one of the dancers[the dancers can be very friendly at these places] and the two realized, after a couple of minutes, that they had previously spoken about some legal matters. Erwin then agreed to represent the stripper on some legal matters. That's where the payment plan comes in...and I'll bet you know where this is headed. According to the ARDC report, Erwin and the dancer agreed that she would perform some nude dances in his office as a way to cut down on the legal fees. The dancer claimed that from February through June of 2002 she would travel to Erwin's office, strip, and then dance for 30 minutes. The dancer also claimed that on some of these occasions, Erwin would touch her in an inappropriate manner. Erwin denied any inappropriate touching.

And the stripper had another complaint. She claimed that Erwin continued to frequent Heartbreakers. [As an aside, I would have provided a link, but cursory research revealed a whole lot of strip clubs going by the name of "Heartbreaker" and I just don't have the time...] But according to the stripper, Erwin made an enormous tactical error. When she danced for him at the club, he wouldn't pay her for dances. It is my understanding from some field research many years ago, that strippers can become rather grumpy if not appropriately compensated for a dance.

The dancer went to the DeKalb, Illinois police in 2002, and an investigation led to a hearing before the DeKalb County Grand Jury where prosecutors sought a charge of criminal sexual assault. The Grand Jury refused to indict Erwin.

The ARDC suspended Erwin for 15 months. The woman involved is no longer working as a dancer.

Moral of the story? Don't get on a stripper's bad side.

In a September 14, 2008 editorial, the Chicago Tribune chastised the Consumer Product Safety Commission[CPSC] and its Chairman, Nancy Nord, for an inexplicable failure to act after receiving information about potentially lethal design defects in certain baby bassinets. As detailed in my September 11, 2008 post, on August 27, 2008, the CPSC ordered a recall of 900,000 Simplicity Bassinets after a Tribune story revealed that a design flaw may have been a factor in the strangulation death of two infants. The next day Graco contacted the CPSC and advised that there were an additional 200,000 Simplicity bassinets floating around with the same precise defect, but marketed under the Graco name. As the editorial notes, the CPSC sat on the information for two weeks and finally issued a warning when the Tribune published another story about the Graco bassinets. As the editorial piece points out, just this year the CPSC was given more staff, more money and more freedom to keep the public informed about dangerous products. Chairman Nancy Nord was apparently against the recent innovations and the Tribune, a reliably Republican paper, has called for her resignation for "gross incompetence". Senators Mark Pryor(D-Ark) and Dick Durbin (D-Ill) have requested a meeting with Nord. They are understandably dumbfounded why the Commission refused to make the public aware of a very real threat to infants. The editorial goes on to note however, that there really isn't much mystery to the inertia demonstrated by the agency. Nord was against the recent reforms and her agency has ignored or resisted efforts by other agencies to assist with investigations of products that have caused children to die. In fact, the editorial notes, the agency seems bent on protecting the manufacturers of dangerous products. The Tribune closed the editorial by recommending that Nord "...find an exit sign and follow it."

Back from vacation, lots to catch up on...

Salary.Com just released its annual study regarding the market value of a stay at home mom. Every year this group gets together and evaluates precisely what mom is worth, by looking at pay levels for the various jobs a mother may do during a given week, like housekeeping, child-care, van driver and teacher. This year, the number they came up with? $116,805. The biggest factor in the number is the amount of overtime hours that a mom may work during the week. 18,000 moms were surveyed and the average number of hours worked per week was 94.4 hours, or just over 13 hours a day.