Transcript National Electronic Injury Surveillance System (NEISS)

What Every Product Safety
Attorney Needs to Know
District of Columbia Bar CLE
April 11, 2005
Edward Heiden
Heiden Associates, Inc.
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Major Topics Covered

Databases ( CPSC and other)
 Comparative Risk
 Product Recalls and Recall Effectiveness
 Case Studies
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Data Bases Used by CPSC

NEISS (National Electronic Injury
Surveillance System)
 In-Depth Investigations (IDIs)
 Injury and Potential Incidents File
 Death Certificate File (DTHS)
 NFIRS
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National Electronic Injury
Surveillance System (NEISS)

Statistically-weighted sample of 100
hospital emergency rooms
 National estimates of emergency room
visits for injuries associated with (not
caused) by consumer products/recreational
activities
 Available 1980-2005
 Major sample revisions in 1990,1997,1999
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In-Depth Investigations (INDP)

Non-statistical reports on investigations of
incidents
 Individual case reports – no national
estimate
 Details of injury, demographics, extended
incident description
 Primary and secondary product involved
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Injury and Potential Incidents
File (IPII)

News clips, complaints, MECAP reports,
referrals
 Non-statistical summaries
 New source of data: retailer reporting
(Walmart)
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Death Certificate File (DTHS)

Info from medical examiners on fatalities
related to consumer products
 Overrated as a source
 Acknowledged to be incomplete
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NFIRS

US Fire Administration
 National network of participating fire
departments
 Individual case records of fire incidents
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Other Data Sources

National Vital Statistics System (NVSS)
 Occupational injuries and illnesses (BLS)
 Fatality Analysis Reporting System (FARS)
 NHTSA recalls
 Recreational Boating
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Injury Estimates


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Sample change effect in injury estimates
Time-trend conclusions: sample
differences affect what conclusions can be
drawn
Data analysis
Amusement Rides
ATVs
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Comparative Risk
Sec 2 (b) of CPSA: “Purpose is to assist
consumers in evaluating the comparative
safety of products.”
 ATV memo: adjust for use patterns to get
more complete picture of “risk”.
 Importance of exposure to hazard
 Some samples of comparative risk data

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Sample Consumer Notice
Not a “One-Notice Fits All”
 Identify program as a recall
 Incident and injury info
 State defect and hazard
 Toll-free number
 How to obtain remedy
 Convenience

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Ruger “Blackhawk” Recall
Notice
Not a recall – “ a unique new improvement”
 No incident or injury information
 What is the defect ?
 Blames user for the problem
 No toll-free number
 Consumer has to pay shipping costs

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Easy-Bake Mixes Recall
Notice

Found on Toys R Us website
 Manufacturers remedy information states
“should not be used if they have allergies.”
 FDA release states “run the risk of serious
or life-threatening allergic reaction”
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Recall Effectiveness Studies

1978 CPSC Study
 1980 CPSC Study
 Murphy-Rubin Study “Determinants of
Recall Success Rates” (1983)
 Heiden Associates (2003)
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2003 CPSC Study on Recall
Effectiveness

A large number of steps are required before
compliance with recall notice
 High degree of mobility of people and
products
 Overcoming “information overload”
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2003 CPSC Study on Recall
Effectiveness

Role of color, lettering, signal words on
levels of perceived risk
 Inappropriate timing
 Selective screening and filtering
 Role of familiarity and experience
 What specific action is required ?
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2003 CPSC Study on Recall
Effectiveness

Memory deterioration
 Traffic safety poster study
 Balancing of risks involved with product
 Risk perceptions precede the receipt of
recall message
 Hazard probability
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2003 CPSC Study on Recall
Effectiveness
Adults overestimate children’s abilities and
underestimate risks to children in general
 Acceptable risk
 Consumers highly sensitive to costs of
participating in recall

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Case Study: Ames True
Temper Wheelbarrow




647,000 units manufactured 1993-2000
Rims explode when tires inflated –severity
Recalled April 2002
Response limitations:




In use average 4 years
Small # incidents
Inconvenience of checking (outside)
Remedy: consumer has to request and install
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Case Study: Ames True
Temper Wheelbarrow




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More durable notices – expand store posters to
every retail outlet where sold. Publicize heavily at
store level
Personalized letters to gardening magazines and
gardening newspapers
Clickable banner ads
Incentive
Conclusion: Specialization increased returns
beyond expectations
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Case Study: All Terrain
Vehicles

March 2005 Hearings on risks associated
with ATVs by children under 16.
 ATV injury and fatality risk stable on a pervehicle in use basis.
 ATV risks comparable to risks associated
with other recreational activities – look at
number of injuries per 100,000 participants
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Case Study: All Terrain
Vehicles

CPSC data shows 92% ATV
accidents/fatalities involve at least one
warned against behavior
 Preliminary analysis suggests state laws can
have a meaningful effect in reducing ATV
injuries and fatalities involving children.
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