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In May of this year, the US Consumer Product Safety Commission (CPSC) released a study testing the performance of various pool alarm systems. Many pool owners, especially those with young children use pool alarms to prevent drownings, since the pool alarm is designed to sound a warning if a child falls into the water. The sales of pool alarms have doubled since 1994. The CPSC study looked at three types of alarms: floating alarms that detect waves on the surface; underwater alarms that detect waves under the surface; and a wrist band alarm, which is worn by a child, and sounds when exposed to water.

The study found that underwater alarms perform the most consistently, and are less likely to result in false alarms. The underwater alarms can also be used in conjunction with pool covers, whereas the surface alarms cannot. The wrist band alarm was impractical because the child must wear the wrist band at all times. An alarm sounds when it is exposed to any water source, even tap water.

Pools should have levels of protection to prevent drowning, in addition to pool alarms. The CPSC recommends:

• Fences and walls should be at least 4 feet high and installed completely around the pool. Fence gates should be self-closing and self-latching. The latch should be out of a small child's reach.
  
  
• A power safety cover - a motor-powered barrier that can be placed over the water area when the pool is not in use.
  
  
• For above-ground pools, steps and ladders to the pool should be secured and locked, or removed when the pool is not in use.
  
  
• Pool alarms should have a remote alarm receiver so that the alarm can be heard inside the house or in other places away from the pool area.
  
  
• If the child is missing, always look in the pool first. Seconds count in preventing death or disability. Keep rescue equipment by the pool, and be sure a phone is poolside with emergency numbers posted. You or someone in your household should know CPR.

I have represented numerous individuals who have suffered anoxia caused by near drownings. Because of the substantial lifelong needs of children who have suffered this type of injury an investigation into all sources of financial assistance is a necessity.

The United States Consumer Product Safety Commission reports that at least 60,000 injuries are treated in hospital emergency rooms each year, due to lawn mover/lawn tractor accidents. Many of these accidents involve traumatic amputation.

The Commission recommends:

• Wear Close-fitting clothing and double-knotted sturdy shoes.
  
  
• Never leave a lawn mower unattended.
  
  
• Never carry passengers on lawn mowers.
  
  
• Do not disable any of the built-in safety features, like the "dead man" bar and keep hands and feet free of any moving parts
  
  
• Do not pull your walk-behind mower. Pulling the mower increases the likelihood that you will pull the blade onto your feet.
  
  
• Gasoline should also be kept in a well-ventilated area and in an approved container. DO not smoke when you are handling gasoline.
  
  
• Read the operator's manual and obey all safety features.

Recently I represented a young child who suffered traumatic amputation caused by a defective "shut-off switch" on a lawn tractor. Lawn mowers and lawn tractors involved in serious injuries to children and adults should be inspected to determine whether or not they were designed with adequate safety features, such as shut-off switches, "dead man switches" and state-of-the-art guards which prevent traumatic injuries.

A critical shortage of lifeguards threatens many of the nation's pools and beaches, according to the American Red Cross. Nationwide, about 350 children under the age of five drown in pools, and 2,600 are treated in hospital emergency rooms for near-drowning incidents. The American Lifeguard Association states that, in an effort to keep pools and beaches open, many lifeguards are being hired without proper credentials and training. The director of the American Lifeguard Association states, "We're going to have near-drowning situations because the staff is not certified." Many municipalities, hotels, and private pool owners are not hiring lifeguards, and have posted signs "Swim At Your Own Risk!" Consumer advocates fear that this will only increase the number of children and adults who suffer drownings and near-drownings.

The federal government allows states to defer or "waive" rules that apply to federal and state Medicaid insurance benefits. Waivers allow a state to use federal funds normally used for nursing homes to pay for special services for patients with serious illnesses or injuries. States have the flexibility to design each waiver program in order to provide the waiver services that best meets the needs of the population they wish to serve. In different states, waiver programs have provided services for persons with cerebral palsy, traumatic brain injuries, spinal cord injuries, spinal bifida, epilepsy, and other developmental or physical disabilities. There are different types of waivers in each state, and each particular waiver has its own set of eligibility criteria and appeal procedures. In most states, waiver programs are administered by the Department of Public Welfare through the Office of Social Programs. As a result of medical and technological advances, seriously ill or injured individuals are able to remain in their homes and communities with appropriate medical treatment and support. Health care advocates and medical professionals should assist families in determining whether or not "waiver funding" is a viable resource for nursing services, assistive technology, therapies, community skills training, etc.

I was co-councel in the representation of an adult who was involved in a motorcycle accident, which resulted in a traumatic brain injury. In 1993, a suit was instituted against Bell (the helmet manufacturer), alleging that the motorcycle helmet was defective and caused my client's brain injury. After the trial, the jury concluded that the motorcycle helmet was defective and had caused the injury, and awarded a substantial verdict, which the manufacturer appealed. In 1999, after having lost the appeal, the manufacturer paid a multi-million dollar settlement to the family.

In most states, in order to prove that a product was defective and caused an injury, you must "preserve" the product involved in the accident and file a lawsuit within the necessary time-frame.

Reminder to parents of Children with Special Needs
Now is the time to review your child's IEP to be sure that the school district is complying with all specified services. Call our office if you need more information about Special Education Benefits for your child.

Home Modifications — Assistive Technology Devices and Services
To improve the quality of life of spinal cord injured and other catastrophically ill and injured individuals, I have secured funding for home modifications and assistive technology devices and services from governmental agencies, private health insurers, workers' compensation carriers, and special education benefits. Generally, workers' compensation carriers, private health insurers and governmental agencies will not pay for home modifications, but will pay for assistive technology devices and services if required to do so by contract, statute, or case law. They will consider paying for home modifications if they are likely to receive reimbursement from third party settlements or lawsuits.

In May 2000, Redbook magazine featured advise from Mr. Romano in an article "Could it Happen to You?". Click here to read the article. To have your questions about medical insurance, special education or governmental; benefits answered, call 1-800-331-4134.