Latest Blogs

Close to one out of four general aviation pilots who died in plane accidents between 2008 and 2012 tested positive for at least one drug which potentially could impair performance in the cockpit. This was the result of the NTSB (National Transportation Safety Board) study which was released earlier this month, September 2014. 

The study showed the most common potentially impairing drug general aviation pilots had used was diphenhydramine, which is a sedating antihistamine and an active ingredient in many over-the-counter allergy formulations, cold medicines, and sleep aids.  Further, pilots who did not have a medical certificate, or whose certificate had expired, were more likely than those with a medical certificate to have used potentially impairing drugs.

The NTSB researchers found that pilots who had more than one drug in their systems increased from two percent in 1990 to more than twenty percent in 2012.  Those having more than two drugs, including prescription drugs, in their systems rose from zero to eight percent by 2012.

The New York Times reported that the NTSB said doctors and the FAA (Federal Aviation Administration) were not doing enough to warn pilots about how drugs could affect their performance in the cockpit.

The NTSB voted to issue a safety alert to pilots which would warn them of the risk of impairment from many of the over-the-counter drugs they may be taking.  The FAA and state governments were also asked to provide better communication on the drug risks to pilots as well as operators of other modes of transportation.

"The information in the NTSB study regarding the use of some over-the-country drugs is the information we can all use before operating any vehicle, not just a private plane," says Fort Myers Accident Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

The U.S. Food and Drug Administration (FDA) says that "Reading the product label is the most important part of taking care of yourself, or your family when using over-the-counter drugs." Before operating any vehicle or machinery reading the label could mean the difference between a safe or unsafe journey.

In June 2014 the FDA updated Over-the-counter medicine labels.

What's On The New Label

All nonprescription, OTC medicine labels have detailed usage and warning information so consumers can properly choose and use the products.

Below is an example of what the new OTC medicine label looks like.

• Active Ingredient.  The therapeutic substance in the product; the amount of active ingredient per unit.
• Uses.  Symptoms or diseases the product will treat or prevent.
• Warnings.  When not to use the product; conditions that may require advice from a doctor before taking the product; possible interactions or side effects; when to stop taking the product and when to contact a doctor; if you are pregnant or breastfeeding, seek guidance from a health care professional; keep the product out of children’s reach.
• Inactive Ingredients.  Substances such as colors or flavors.
• Purpose.  Product action or category (such as antihistamine, antacid, or cough suppressant).
• Directions.  Specific age categories, how much to take, how to take, and how often and how long to take.
• Other Information.  How to store the product properly and required information about certain ingredients (such as the amount of calcium, potassium, or sodium the product contains).

The new Drug Facts labeling requirements do not apply to dietary supplements, which are regulated as food products, and are labeled with a Supplement Facts panel.

"Although over-the-counter drugs are required to have labels, the labels may not always be correct. When this occurs, a consumer may have adverse effects from the over-the-counter drug causing tragic consequences. The manufacturer of the over-the-counter drug should be held accountable. Our trained team has the experience in prescription and over-the-counter label errors, to assist anyone suffering as the result of drug miss-labeling," says Attorney Spivey.

Prescription Error Attorney, Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just 1 percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll-free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.