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Posts Tagged ‘defective products’

Recall Lawyers: 380,000 Pounds of Deli Meat Recalled Nationally for Containing Serious Disease

defective product attorneys, defective product Lawyers, defective products, product liability lawyers, recall, recall lawyers

August 24th, 2010: Law Blogger

Recall LawyersFoodborne illnesses are one of the most common reasons people go to the emergency ward. An estimated 76 million cases of foodborne disease occur each year in the United States. Some cases are more serious, and Center for Disease Control (CDC) estimates that there are 325,000 hospitalizations and 5,000 deaths related to foodborne diseases each year.

One of the worst and most potentially fatal foodborne diseases is Listeria monocytogenes. It is one of the most virulent foodborne pathogens with 20 to 30 percent of clinical infections resulting in death. Though only around 2500 per year contract the disease, a whopping 500 of them die from it.

That’s why yesterday’s recall is so important. Listeria monocytogenes has been found in a series of popular ready made deli sandwishes produced by Zemco Industries in Buffalo, New York. The Department of Agriculture has recalled approximately 380,000 pounds of the deli meat that may be contaminated.

Listeria monocytogenes was discovered in a random retail sample collected by inspectors in Georgia. The USDA has received no reports of illnesses associated with the meats.

“Consumption of food contaminated with Listeria monocytogenes can cause listeriosis, an uncommon but potentially fatal disease,” according to the USDA. “Healthy people rarely contract listeriosis. However, listeriosis can cause high fever, severe headache, neck stiffness and nausea.”

Recalled Lunchmeat

These are sandwiches that are prepackaged and set out in the refrigerated “Marketside” section of Walmart grocery stores for the on-the-go person who can’t wait for something to be made.

One of the major national retailers of the products is Walmart. Upon learning of the voluntary recall, Wal-Mart immediately told its stores to remove the meat from their shelves.

The meats were produced on dates ranging from June 18 to July 2, 2010. The “Use By” dates range from August 20 to September 10, 2010.

The products being recalled are -

  • “Marketside Grab and Go Sandwiches BLACK FOREST HAM With Natural Juices Coated with Caramel Color” – 25.5-pound cases – number 17800 1300.
  • “Marketside Grab and Go Sandwiches HOT HAM, HARD SALAMI, PEPPERONI, SANDWICH PEPPERS” – 28.49-pound cases – number 17803 1300.
  • “Marketside Grab and Go Sandwiches VIRGINIA BRAND HAM With Natural Juices, MADE IN NEW YORK, FULLY COOKED BACON, SANDWICH PICKLES, SANDWICH PEPPERS” – 32.67-pound cases – number 17804 1300.
  • “Marketside Grab and Go Sandwiches ANGUS ROAST BEEF Coated with Caramel Color” – 25.5-pound cases – number 17805 1300.

Listeria monocytogenes

Listeria monocytogenesListeria monocytogenes bacteria is a pathogen that causes an infection leading to a disease called Listeriosis. The disease has a 7 to 10 day cycle in which the patient experiences muscle aches, high fever, and vomiting.

“Listeriosis can also cause miscarriages and stillbirths, as well as serious and sometimes fatal infections in those with weakened immune systems, such as infants, the elderly and persons with HIV infection or undergoing chemotherapy,” the USDA said.

If the infection spreads to the nervous system it can cause meningitis, an infection of the covering of the brain and spinal cord. Symptoms of meningitis are headache, stiff neck, confusion, loss of balance, and convulsions.

Both of these diseases have a high instance of death, particularly in high-risk groups as described by the CDC. If these symptoms begin and start to progress rapidly, people are advised to seek medical attention immediately because there are antibiotics and treatments to address the diseases if caught early.

Recall Lawyers

This recall falls in a bad month for massive meat and animal product recalls. August is already host to a recall of 1 million pounds of frozen ground beef patties that are popular for restaurants to use. Another was the recall of 380 million eggs, which were linked to a nationwide Salmonella outbreak that potentially sickened thousands of people. Those eggs were also used by many restaurants.

Do you see a pattern here? Just because the product is cooked by a professional, under FDA guidelines, doesn’t mean that it can’t make you sick. On top of that, just because the product may be sealed in plastic and labeled “fully cooked” also doesn’t protect you from illness.

That’s why government inspectors are diligent about testing in an attempt to stem the increasing epidemic of food borne illnesses in the United States. It is estimated that the cost to the healthcare system and the American tax payer for treatment of foodborne illnesses could be in the billions of dollars.

Essentially, it is the responsibility of the government agency to monitor, but the company that produces the product has a moral obligation to its customers that they will produce a product that will not potentially kill them. For prepackaged products especially, the contamination most likely came from the production facility itself. It is up to the manufacturer to assure that all facilities are adequately sanitized and systems are in place to monitor contamination.

If you or someone you know ate a Grab and Go sandwich produced by Zemco Industries, became seriously ill and had to be hospitalized as a result, then it is important that you find an experienced Product Liability Attorney to represent you so that you receive the compensation you deserve. Call Phillips Webster for a free consultation.

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Recall Lawyers: 380 Mil. Eggs Recalled Nationwide After Salmonella Sickens Hundreds

defective product Lawyers, defective products, product liability lawyers, recall, recall lawyers

August 18th, 2010: Law Blogger

recalled eggsYesterday, what started out to be a relatively localized recall by an Iowa company, was expanded to a nationwide, 380 million egg recall after some of the company’s facilities were linked to an outbreak of salmonella that has sickened hundreds of people across the country.

People started reporting to the US Food and Drug Administration (FDA) getting sick in May, just weeks before new government safety rules went into effect that were intended to greatly reduce the risk of salmonella in eggs.

Several states began seeing an increase in the number of cases of a common type of bacterial illness known as Salmonella Enteritidis in May, said Dr. Christopher R. Braden, acting director of food-borne diseases at the Centers for Disease Control (CDC).

The spike was unusual, but not alarming until the numbers continued to grow. In June and July, a database used to track disease nationwide found that the number of cases had risen from a historical average of about 50 a week to around 200.

Public health officials in several states began to investigate this outbreak and found that many of the people who had gotten sick had eaten food containing eggs. Further investigation traced many tainted eggs to Wright County Egg, of Galt, Iowa.

Recall Details

The company said the recalled eggs came from five plants and were distributed across the country under the brand names Lucerne, Albertson, Mountain Dairy, Ralph’s, Boomsma’s, Sunshine, Hillandale, Trafficanda, Farm Fresh, Shoreland, Lund, Dutch Farms, Kemps, James Farms, Glenview and Pacific Coast. (Dutch Farms said Wright County packaged eggs under its brand without permission.)

Salmonella EnteritidisSalmonella Enteritidis is transferred to eggs by infected hens and it can be found inside eggs that appear normal. The bacteria are destroyed by heat, but people can become sick if they eat raw or incompletely cooked eggs.

Regulators have been fighting the problem of salmonella in eggs since it first emerged in the 1980s. But proposals to improve regulations were largely unsuccessful until a year ago, when the FDA announced a new set of rules, which became effective on July 9.

Salmonella can cause diarrhea, vomiting and stomach pains. In rare cases, it can cause more serious illness, including arterial infections. In infants, elderly, and people with compromised immune systems it can be fatal.

It’s hard to determine how many people have gotten sick in the outbreak although it certainly numbered in the hundreds. Typically in salmonella outbreaks, only about one in 30 cases is reported to authorities so thousands of people may have been affected, Dr. Braden said.

Fortunately the FDA has had no reports of deaths due to the tainted eggs as of yet.

How to Protect Yourself

The CDC has some simple steps people can take to protect themselves. First off the agency says, cooking reduces the number of bacteria present in an egg; however, an egg with a runny yolk still poses a greater risk than a completely cooked egg. Undercooked egg whites and yolks have been associated with outbreaks of Salmonella Enteritidis infections. Both should be consumed promptly and not be kept warm or at room temperature for more than 2 hours.

They also recommend:

  • Keep eggs refrigerated at ? 45° F (?7° C) at all times.
  • Discard cracked or dirty eggs.
  • Wash hands, cooking utensils, and food preparation surfaces with soap and water after contact with raw eggs.
  • Eggs should be cooked until both the white and the yolk are firm and eaten promptly after cooking.
  • Do not keep eggs warm or at room temperature for more than 2 hours.
  • Refrigerate unused or leftover egg-containing foods promptly.
  • Avoid eating raw eggs.
  • Avoid restaurant dishes made with raw or undercooked, unpasteurized eggs. Restaurants should use pasteurized eggs in any recipe (such as Hollandaise sauce or Caesar salad dressing) that calls for raw eggs.
  • Consumption of raw or undercooked eggs should be avoided, especially by young children, elderly persons, and persons with weakened immune systems or debilitating illness.

If you still contract Salmonella, fever, abdominal cramps, and diarrhea should begin around 12 to 72 hours after consuming the eggs. The illness usually lasts 4 to 7 days, and most people recover without antibiotic treatment, mostly thinking that they have a form of the severe flu. However, the diarrhea can be severe, and the person should consider hospitalization if dehydration becomes an issue.

Recall Lawyers

On the July 9 launch of the new regulations, the FDA said in a press release that the new rules would prevent as many as 79,000 illnesses and 30 deaths a year related to the consumption of tainted eggs.

Hinda Mitchell, a spokeswoman for Wright County Egg, said that the company had put the required federal measures in place by the July deadline. She said that before that date, the company had participated in a voluntary industry program that included steps similar to some of the new federal requirements.

Unfortunately, the validity of these claims has come into question because of the sketchy history of the company.

The New York Times revealed today that the company’s owner Jack DeCoster has apparently had several run-ins with regulators over poor or unsafe working conditions, environmental violations, the harassment of workers and the hiring of illegal immigrants.

One of DeCoster’s companies was fined $2 million by the Occupational Safety and Health Administration (OSHA) when inspectors found that workers were forced to handle manure and dead chickens with their bare hands and to live in trailers infested with rats.

The labor secretary at the time, Robert B. Reich, called DeCoster’s operation “an agricultural sweatshop.”

The list of other health and hiring violations is long for both the owner and the company that may be seeing their days of being able to do business coming to an abrupt end after the multi-agency investigation ends.

If you or someone you know has was severely sickened to the point of hospitalization by these Wright County Egg Company eggs, you may be entitled to compensation due to lost wages and pain and suffering. To achieve this you will need a skilled lawyer with experience in Product Liability Litigation. Call Phillips Webster for a free consultation.

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Product Recall: Typhoid Contracted From Tropical Fruit Pulp Sickens 7 People

defective product attorneys, defective product Lawyers, defective products, product liability lawyers

August 12th, 2010: Law Blogger

Product Liability LawyersThere are new foods entering the American diet all the time. The US Food and Drug Administration (FDA) tries to keep up, but they have limited resources to test the merits of every tropical fruit and weird fish that enters the US. It is virtually impossible to prevent the spread food borne illnesses, but infectious diseases from other countries is another issue all together.

Typhoid fever has been linked to a frozen tropical fruit product used to make smoothies, health officials reported today. The fruit is called “mamey,” a sweet, reddish tropical fruit grown mainly in Central and South America. It is also called “zapote” or “sapote” by some people.

Seven cases of typhoid have been confirmed, 3 in California and 4 in Nevada. There are also 2 other cases in California that are being investigated. The victims range in age from 4 to 31, said a CDC spokesperson.

According to the Centers for Disease Control and Prevention (CDC) 5 people have been hospitalized, 4 of them used pulp made by Goya Foods Inc. of Secaucus, N.J. Goya is a popular brand known for specializing in ingredients for South American cuisine.

The company has recalled packages of the pulp, sold in mostly in the western states of Alaska, Arizona, California, Colorado, Hawaii, New Mexico, Nevada, Oregon, Texas, Utah and Washington.

The CDC said five of the victims drank milkshakes or smoothies made with frozen mamey. A sample from one package found in Las Vegas and tested by the Food and Drug Administration (FDA) came up positive for the bacteria that causes typhoid.

MameyYou may have heard the name “Typhoid Mary,” after an actual woman named Mary Mallon who was the first healthy carrier of a disease that has been attributed to hundreds of thousands of deaths in the last century. It is still considered an epidemic in much of Africa and India.

Typhoid fever is a life-threatening illness caused by a type of bacteria called Salmonella typhi. It’s rare in the US, but there’s still about 400 cases annually. Most of the North American patients caught it while traveling abroad.

Symptoms include a sustained fever as high as 103 to 104 degrees, along with headache, weakness, stomach pains or loss of appetite. Some patients have a rash of flat, rose-colored spots. It can be treated with antibiotics. The bacteria passes through the intestinal tract and often spreads to others through feces-tainted food or water.

No deaths have been associated with the recall.

The fact that the CDC has to get involved at all is a serious issue. It is also important that Goya manufacturing facilities abroad are monitored more closely to avoid further serious communicable infectious diseases from threatening their customers.

If you or someone you know used this product and became seriously ill it is important that you find an experienced Product Liability Attorney to represent you so that you receive the compensation you deserve. Call Phillips Webster for a free consultation.

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Seroquel Lawyers: AstraZeneca Pays $198 Mil. To Settle 17,500 Side Effect Lawsuits

Defective Drugs, defective products, Seroquel, Seroquel Attorneys, Seroquel Lawyers

August 9th, 2010: Law Blogger

Seroquel lawyersBritish pharmaceutical mega-corporation AstraZeneca, the 6th largest drug company in the world, has triumphed today. They paid $198 million to 17,500 cases involving individuals who contracted various diseases such as diabetes and heart disease from side effects of taking their antipsychotic pill Seroquel.

That’s two weeks revenue of the world-wide sales of the drug.

Seroquel was initially used to treat schizophrenia and bi-polar disorder. It was originally touted to have fewer side effects than that of its predecessors such as Lithium. Of course, this turned out to be veering from truth on a collision course with the reality; Seroquel has lots of side effects and some people are finding out that they have the possibility of being deadly.

One of those big side effects is weight gain. Not a little bit, but considerable to the point that the side effects of the weight gain become residual side effects of Seroquel. Studies have shown that the average weight gain is 27 lbs, considerably increasing someone’s body mass index (BMI) and raising the patient’s fat category from normal to fat, and from fat to obese.

Of course, AstraZeneca is going to tell you that the weight gain and diabetes and heart disease don’t have a causal link as related to Seroquel. Yet, weight gain is part of the side effects list and schizophrenic and depressed people are not known for their concerns over diet and exercise.

But, just in June, Europe expanded the uses of Seroquel to include treatment of general depression, which is such a wide-open category that essentially anybody could potentially get a prescription.

Seroquel Lawsuits

Regardless, the company has already settled more than 4,700 lawsuits and now has brushed the majority of the lawsuits under the carpet without having to actually reveal any internal research, which they claim shows nothing, but they have gone though great pains to keep from being revealed in a court of law.

There were over 26,000 lawsuits pending and now the majority of them have been settled for just over $11,000 per plaintiff. As we said above, that’s merely 2 weeks revenue and far less than investors anticipated, so even though they are writing a massive check with more circles than a polka dot hat, they’re popping the bubbly.

With only around 6,000 more lawsuits to go and another ten years of competition-free sales on the drug to people who are depressed, AstraZeneca is about to discover a whole new realm of profit. In the last decade they have been pounding physicians hard about “off-label” uses for things such as depression and insomnia.

The US Food and Drug Administration (FDA) has warned AstraZeneca about promotional letters that they have sent out to physicians and asked them that they add diabetes to the list of side effects.

The side effects include:

  • Neuroleptic malignant syndrome (NMS) – a serious and deadly drug reaction
  • High blood sugar (hyperglycemia)  – fat in the blood
  • Increases in total cholesterol, triglycerides and LDL (bad) cholesterol and decreases in HDL (good) cholesterol.
  • Increase in weight (weight gain) – in some instances severe obesity has occurred
  • Tardive dyskinesia - uncontrolled movement in face and other body parts
  • Orthostatic hypotension (decreased blood pressure)
  • Increases in blood pressure in children and teenagers.
  • Low white blood cell count – lowered immune system
  • Cataracts – eyesight diminishes
  • Seizures
  • Abnormal thyroid tests – also related to weight gain
  • Increases in prolactin levels
  • Increases in liver enzymes
  • Long lasting and painful erection
  • Difficulty swallowing

This is the short list of side effects that they mentioned and even though some of the occupants of this list are deadly in their own right they are direct reactions to the drug found in clinical trials and not residual effect of one of the side effects. Consumers are trying to change this through a court of law with little success.

Seroquel Lawyers

astrazeneca headquartersThe troubles for AstraZeneca aren’t over. They are also trying to expand the US market for Seroquel to treat depression. Depression treatment in the United States almost reached $30 billion last year, which is almost equal to the profit of all of the drugs AstraZeneca sells. The British company is salivating to get that new customer base and it looks as if the FDA is seriously considering it.

Yet, the diabetes side effect issue has not been resolved. Settlements generally do not come with an admission of guilt, in fact, they’re a great way for a company to deny guilt and make their legal woes and the press to go away.

By increasing their market they will increase the number of people who are susceptible to weight gain and diabetes. Just because thousands of lawsuits have settled doesn’t mean that they have learned their lesson or are exempt from being sued once again.

If you or a loved one finds that you have been victim of a defective drug by either misdiagnosis or failure to prescribe the correct combination of drugs, then you may be entitled to compensation. To begin the process you will need to find a law firm that is experienced with defective drug litigationand medical malpractice lawsuits. Call Phillips Webster for your free consultation.

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Recall Attorneys: 1 Million Pounds of Ground Beef Recalled in Western United States

defective product attorneys, defective product Lawyers, defective products, product liability lawyers

August 6th, 2010: Law Blogger

Ground Beef RecallWe Americans love our beef and consume an estimated 32 pounds of ground beef per person per year. That only comes to about 8 burgers per month at 1/3 of a pound per burger. Of course, that’s about 7 more burgers per month than any other person in the world eats. And since ground beef is the most prone meat to contain E-Coli, that means Americans get exposed to the food-borne disease more than most people.

But the ground beef recall announced today by the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) found the strain E-Coli O157:H7 in products produced and distributed by Valley Meat Company, of Modesto, California.

Though E-coli occurs naturally in cows and most is not too harmful to humans, E-Coli O157:H7 has proven to be the most detrimental to children and the elderly, causing severe diarrhea and in extreme cases can cause kidney failure, paralysis or death.

But how does it get into the meat in the first place? An expert explains:

“What happens in hamburger is the E. coli bacteria is in the guts of cows. And during the slaughtering process, those guts are nicked or there’s fecal material on the hides. It gets on the red meat,” explained Bill Marler, an expert on foodborne illness. “And when you cook a steak, assuming that steak hasn’t been penetrated, you can kill the bacteria that’s on the outside of the meat. It’s not on the inside of the meat. But when you ground that meat up, that E. coli is in there,”

Product Recall Details

The California Department of Public Health (CDPH) made the FSIS aware of the problem on July 15 when a small E. coli cluster of illnesses with a rare O157:H7 strain as detected by PFGE subtyping (pulsed-field gel electrophoresis is a method of clustering pathogens into subtypes).

A total of six patients with illness onset dates between April 8 and June 18, 2010 were reported. After further review, CDPH added another patient from February to the case count, bringing the count to seven. FSIS is continuing to work with the CDPH and the company on the investigation. Anyone with signs or symptoms of foodborne illness should contact a health care provider and be tested.

The following products (and lot numbers) are subject to recall and should be discarded immediately:

  • (#2155) *IQF* 80/20% BEEF PATTIES 8/1R
  • (#2503) SMASHBURGER 40/7 OZ. VAC PACK
  • (#2510) IQF 80/20% BEEF PATTIES 2/1 OVAL
  • (#2515) *IQF* 80/20% BEEF PATTIES 2/1 R
  • (#2535) IQF 80/20% BEEF PATTIES 3/1 OVAL
  • (#2545) IQF 80/20% BEEF PATTIES 3/1R
  • (#2575) *IQF* 80/20% BEEF PATTIES 4/1R
  • (#2595) IQF  80/20% PATTIES 4/1R THIN
  • (#2605) *IQF* 80/20% BEEF PATTIES 5/1R
  • (#2635) *IQF* 80/20% BEEF PATTIES 6/1R
  • (#2668) BEEF CHUCK PATTIES 7 OZ– 21#
  • (#3075) *IQF* 85/15% PATTIES 4/1R USFI
  • (#3090) ‘RPQ’ 85/15 PATTIES 160/4 OZ.
  • (#3325) “RPQ” 90/10 BEEF PATTIES 40/4 OZ
  • (#3350) 90/10% BEEF PATTIES 160/4 OZ.
  • (#3450)SUPREMAS BEEF PATTIES 12/3#
  • (#3519) *IQF* 4/1 SOY PATTIES 80/20%
  • (#3520) *IQF* 5/1 SOY PATTIES 80/20%
  • (#3522) *IQF* 6/1 SOY PATTIES 80/20%
  • (#3675) BEEF SOY PATTIES RETAIL 6/5#
  • (#3700) 73/27% RETAIL PATTIES — 12/3#
  • (#3705) 73/27% RETAIL PATTIES — 6/5#
  • (#3710) 73/27% RETAIL PATTIES — 8/3#
  • (#3715) BIGGER VALLEY BURGER — 6/5#
  • (#3725) 80/20 BIGGER BURGER 12/3#
  • (#3751) 80/20% RETAIL PATTIES 12/3#
  • (#3800) 85/15% RETAIL PATTIES — 12/3#
  • (#3850) BLACK ANGUS BURGER 12/2# BOX
  • (#3875) 93/7% BEEF PATTIES 12/3# RETAIL
  • (#3880) SAFEWAY 73/27 RETAIL BOXES 8#
  • (#3882) SAFEWAY 73/27 PATTIES 12/2.5#
  • (#3883) SAFEWAY 80/20 PATTIES 12/2.5#
  • (#4000) 73/27% GROUND BEEF 10/1#
  • (#4001) 73/27% GROUND BEEF 20/2#
  • (#4005) 73/27% GROUND BEEF — 40/1#
  • (#4015) 73/27% GROUND BEEF 4/5#
  • (#4020) 73/27% GROUND BEEF — 8/5#
  • (#4030) 73/27% GROUND BEEF 4/10#
  • (#4035) 73/27% GROUND BEEF 15/3#
  • (#4300) 80/20% GROUND BEEF 10/1#
  • (#4305) 80/20% GROUND BEEF — 40/1#
  • (#4310) 80/20% GROUND BEEF 4/5#
  • (#4315) 80/20% GROUND BEEF 8/5#
  • (#4325) 80/20% GROUND BEEF — 4/10#
  • (#4326)*FRESH** 80/20% GROUND BEEF 4/10#
  • (#4328)80/20 GROUND BEEF 4/10# WHITE BOX
  • (#4329) ‘RPQ’ 80/20% GROUND BEEF 4/10#
  • (#4335)80/20% GROUND BEEF 2/5# — PRINTED
  • (#4610) 85/15% GROUND BEEF 4/5#
  • (#4615) 85/15% GROUND BEEF 8/5#
  • (#4625) “RPQ” 85/15% GROUND BEEF 4/10#
  • (#4630) 85/15% G B 4/10# CLEAR–generic
  • (#4915) 90/10% GROUND BEEF — 8/5#
  • (#4925) 90/10% GROUND BEEF 4/10# / WHITE
  • (#4930) 90/10% G B 4/10# / CLEAR–generic
  • (#4980) 93/7% GROUND BEEF 4/10#
  • (2714) HEARST 80/20 PATTIES 5/1R –10#
  • (2715) HEARST GROUND BEEF 12/1# RETAIL

These products were produced between the dates of Oct. 2, 2009 through Jan. 12, 2010 and were distributed to retail outlets and institutional foodservice providers in California, Texas, Oregon, Arizona and internationally.

Product Liability Lawyers

The government agencies and the company are concerned that some product may still be frozen and in consumers’ freezers. The FSIS strongly encourages consumers to check their freezers and immediately discard any product that is the subject of this recall.

The FSIS also advises we should all safely prepare our raw meat products, including fresh and frozen, and only consume ground beef that has been cooked to a temperature of 160° F. The only way to confirm that ground beef is cooked to a temperature high enough to kill harmful bacteria is to use a food thermometer that measures internal temperature.

Consumers may call a company sponsored help desk at (866) 221–6474. They may also log on to: www.valleymeat.com/our–team/recall–information/

This is also a very serious recall because many of these patties can also still be stored or used by restaurants. If you found that you or a loved one was stricken by a serious foodborne illness that caused hospitalization, severe pain and suffering, and extended periods lost from work then you may be entitled to compensation.

Call the skilled Product Liability Lawyers at Phillips Webster for a free consultation.

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Toyota Recall: Sudden Acceleration Defect Leads to False Conviction

defective products, Toyota recall, Toyota Recall Attorneys, Toyota recall lawyers, Wrongful Death

August 6th, 2010: Law Blogger

Defective Design LawyersIn perhaps the first of many cases involving people convicted of vehicular homicide and vehicular assault who spent time in jail or are spending time in jail currently, a judge has determined that a man in Minnesota was not at fault for the fatal accident that landed him in prison, but in fact it was a defect in the Toyota Camry he was driving.

Koua Fong Lee’s trial was allowed by a judge because of the Toyota recall announced in January of this year regarding sudden acceleration problems of as many as 10 million car world wide. He had been convicted of vehicular homicide and sentenced to 8 years in prison for a 2006 accident in his Toyota Camry. In testimony to congress during the Toyota hearings in February, witnesses described the problem.

They described it in frightening detail, but all with similar traits. They are driving when suddenly the car begins to accelerate. They do what anyone would do, they take their foot off of the accelerator, but the car keeps on accelerating. They brake, but the brakes don’t respond. They shift the car into neutral, then reverse, then park, still the car accelerates past 100 mph. All of this while they weave in and out of traffic for the only thing that worked on the car was the steering.

One woman told congress that she figured the only way to stop the car was to crash it, which would most likely kill her. So she phoned her husband to say good-bye. During her call, the car suddenly began to slow and shut off. When the tow truck driver arrived and tried to start the car he described the vehicle as “possessed,” quickly shut it off, and towed it away.

These types of stories were told at Lee’s trial and that is why he walks free.

Toyota Sudden Acceleration Trial

Protest Outside CourtroomLee, who immigrated to the U.S. from a Thai refugee camp in 2004, was driving a Toyota Camry the night of the accident. He exited the freeway at a high speed and plowed into the back of an Oldsmobile with a family in it.

The horrifying car accident killed Javis Trice Adams, 33, and his 10-year-old son, Javis Adams Jr. Devyn Bolton, Adams’ 6-year-old niece, suffered a serious spinal cord injury and was paralyzed from the neck down. She died shortly after Lee was convicted. Two others in the car suffered serious personal injuries.

Lee insisted during his trial that he did everything he could to stop the car but couldn’t. The car had mysteriously begun to accelerate on its own and the brakes didn’t work, but it happened so quickly he was unable to avoid hitting the Oldsmobile. Sound familiar?

During four days of testimony this week, Lee’s attorneys didn’t prove his car had a sudden acceleration problem. But they argued evidence backed up Lee’s account he was trying to brake. Witnesses were brought before the judge, all with similar stories about their Toyota vehicles.

They called up an expert to the stand who testified that the brake filaments in Lee’s car exploded during the accident, indicating the brake lights were on even though the car was accelerating.

Lee’s attorneys also argued his previous defense attorney in his original trial did a poor job. In trial, the previous attorney may have suggested that Lee’s foot slipped from the brake. The jury concluded that is what happened and thus forwarded a guilty verdict.

Prosecutors had voiced their disapproval of the new trial, but after the judge’s ruling, County Attorney Susan Gaertner conceded Lee’s new lawyers had shown his trial attorney was “ineffective.”

Ramsey County District Judge Joanne Smith — who presided over Lee’s original trial and had sentenced him to the maximum — said if that testimony from the other Toyota drivers had been introduced then, it would “more likely than not, or probably, or even almost certainly” have resulted in a different verdict for Lee.

Lee walked out of the courtroom with his wife Moua. They have four children, ages 8, 5, 3 and 2. Moua said her husband barely knows the youngest two because he was in prison when she was born.

Changing that was Lee’s first intention, he said.

Toyota Lawsuits

civil courtThe families of the victims supported Lee’s attempts at a new trial and applaud the verdict, though outside the courtroom there was definitely a feeling of sadness for their lost loved ones. What this trial means to them is that they may finally get proper justice.

The family members of the deceased have filed a wrongful death lawsuit against Toyota for serious defects that led to the deaths. It has not been revealed the amount the lawsuit is seeking or the details of the allegations made toward Toyota, but it is just one amongst hundreds of other lawsuits from Toyota victims from around the country seeking justice.

Lee has not yet decided, but some have suggested that he may have a case against Toyota also. For now, he may just be enjoying his freedom and time with his family that he missed during the stressful four-year ordeal.

This trial is a huge problem for Toyota, because there are several similar cases of incarcerated individuals who also say that they were falsely imprisoned because of defective Toyotas. More positive verdicts could lead to a legal precedent that there are serious defects in Toyota vehicles. But that leads to another issue for Toyota.

Lee’s Toyota Camry was a 1996 and was not included in this year’s recalls. If the problem falls back as far as a decade and a half, then the number of recalled vehicles could extend beyond the 10 million mark. That and the lawsuits may just mark the demise of what was once the largest, most trusted car manufacturer in the world.

There is currently a class action lawsuit in California that has consolidated many of the lawsuits around the country under one judge. Lawsuits are added to it every day, but not all Toyota lawsuits choose to join. It is up to the gravity of the situation and the strength of the evidence behind the lawsuit.

If you or a loved one has been affected by the Toyota recall, then it is important that you call an experienced defective products attorney with a successful record of defective design lawsuits. Call Phillips Webster for a consultation.

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Toyota Lawsuits: Wrongful Death Lawsuit Brought Against Toyota For Recall Defect

defective products, Toyota recall, Toyota Recall Attorneys, Toyota recall lawyers, Wrongful Death

August 3rd, 2010: Law Blogger

Toyota LawsuitsIf you are a regular reader of this blog then you know that we do a lot of articles covering the exploits of the crest-fallen auto manufacturing giant Toyota and their recent woes involving the largest auto recall in history. News about the fines, the congressional hearings, and the international auto markets can seem pretty grand not really connect to why we’re so concerned about this.

Well, it’s because of you and other Toyota owners who have suffered serious personal injuries or have had loved ones who have died because of the defective devices associated with the Toyota recall. Some of the consumers have come forward in front of the media and congress to tell their harrowing stories and boldly face Toyota’s “blame the victim” public relations machine.

All of this over the fact that Toyota has a serious problem with sudden acceleration in many of their vehicles. This problem has been described in very similar ways to almost everyone that has experienced it. The car suddenly starts accelerating out of control, the brakes stop working and no matter how the driver shifts the car continues to accelerate. The driver only has control of the steering and some of the onboard features to aid them until the car itself decides to come to a stop.

Sound like a nightmare? Well Toyota wants to downplay the problem by blaming it on the floor mat. The want to tell consumers that its due to their feet slipping off of the brake pedal. And they’ll use their massive legal team to scare consumers into thinking that there’s nothing that can be done. Well, hundreds of consumers have come forward to face the auto manufacturer and widow from Las Vegas is one of those people.

Toyota Wrongful Death Lawsuit

The lawsuit was filed July 28 in Las Vegas, Clark County District Court by their attorney on behalf of Kim Levine and her children, Lucas and Nicolas.

The wrongful death lawsuit against Toyota Motor Corp. and Findlay Automotive, alleges that a sticking accelerator pedal led to the death of Jeff Levine in December.

Jeff Levine was driving a Toyota Tacoma on Dec. 17, 2009 when his accelerator allegedly got trapped under the mat and the truck sped to 100 miles an hour before striking a motor home and veering off U.S. Highway 95 outside of Searchlight, NV.

In the investigative report, one of the crash-scene photos taken by Nevada Highway Patrol shows the accelerator caught under the floor mat.

Jeff Levine’s Toyota Tacoma had been serviced at Findlay (the dealership) about a month before the accident. During that service they made no mention about the recall, even though the dealership had been informed about the floor mat problem, the lawsuit alleges.

Records have shown that Toyota has known about the problem from as early as 2007, but only issued a recall in 2009 in Europe, delaying the US recall until 2010. The lawsuit says that both Toyota and Findlay knew that accelerators in vehicles such as the Toyota Tacoma were subject to getting stuck in the full-throttle position while trapped under the driver’s side floor mat.

“The reason this is so tragic is because Toyota was aware of the floor mat problem and they were concealing the problem from the American people,” the plaintiff’s attorney told the press. “It started to leak out the last week of December. Ironically, they put out a press release about the accelerator the week after he (Levine) was killed.”

The plaintiffs are asking for more than $10,000 apiece for general and special damages, and for more than $10,000 each in punitive damages, plus reasonable attorneys’ fees.

Toyota Recall Lawyers

prius

There are currently hundreds of lawsuits filed against Toyota around the country regarding the sudden acceleration problem. Many of them are consolidated a California class action lawsuit that is currently being reviewed by a single judge.

While some Las Vegas attorneys have joined in a national class action lawsuit against Toyota, the Levine wrongful death lawsuit is the first individual death case filed in Nevada. Perhaps because of they feel the strength of their case is such that they will get a positive verdict.

The other lawsuits involved have various basis such as personal injury resulting from accidents. Some of the lawsuits are looking for compensation of the loss of value of their vehicle due to the recall. Others, like the Levines, have lost a loved one and are seeking justice. Even the insurance industry has filed suits for the loss that they have incurred paying for damage that may have been the result of defective Toyotas rather than what was stated on the investigative report.

All of these lawsuits are in their infancy and may take years to resolve as Toyota wants the fresh memories of their 10 million car recall to fade from the public mind so that the results of the lawsuits be it settlements or verdicts have less of an impact on the overall buying public’s car purchases.

This does not mean that Toyota will be exonerated from the serious allegations against the company. The individuals affected by these defective products do not to fear a global company with seemingly unlimited resources. All they need is skilled legal professional to represent their best interests.

If you or a loved one are involved in a Toyota sudden acceleration incident or feel as if you were misled at the time of sale as to the resale value and safety of your vehicle then it is imperative that you get legal council that is experienced in defective product litigation to assure that you get the compensation you deserve. Call Phillips Webster for a consultation on your legal rights.

Phillips Webster is not the representative in the case presented in this article.

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Defective Product Lawyers: Tacoma Child Nearly Strangled Prompts Smith and Noble Recall; 1.3 Mil. Blinds

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July 28th, 2010: Law Blogger

Defective Product LawyersDuring the day the Puget Sound can still be dark with all of the cloud cover. To get some natural light into the house most people pull up their blinds all the way. This leaves the cord hanging down. Generally, blind cords are split into two and connected at the bottom to keep them from tying or tangling and also to assure that the blinds go down evenly.

When a child plays with the cords, they can pull, the blind’s weight goes down, the cord slides under the chin of the child and suddenly the child is struggling for breath, not strong enough to lift the blinds or remove the cord.

It can be a parent’s worst nightmare, but what happened in 2009 threw a Tacoma mom into a panic and prompted the Consumer Product Safety Commission (CPSC) and Smith and Noble (a manufacturer and distributor of window blinds based in California) to recall 1.3 million Roman shades and roller shades nationwide.

Blind Recall

Grace Meacham of Tacoma, described the May 2009 incident when her 5 year-old son, Jake, had been playing near the shades cords. “I was looking the other way, and he put it around his neck, and it caught behind his ears.” She said, “He stepped off the ledge, or fell off. He was dangling and couldn’t speak.”

Luckily Jake was able to get untangled and survived to become your typical 6-year-old boy, but he is just one of the thousands of young victims that has prompted millions of blinds and shades to be recalled for posing a strangulation hazard over the past several years.

The CPSC and Smith and Noble in this specific case is recalling 1,160,000 Roman shades and 115,000 roller shades. The CPSC describes on their website:

  • Roman Shades: Strangulations can occur when a child places his/her neck between the exposed inner cord and the fabric on the backside of the shade or when a child pulls the cord out and wraps it around his/her neck.
  • Roller Shades: Strangulation can occur if the shade’s continuous loop cord is not attached to the wall with the tension device provided and a child’s neck becomes entangled in the free-standing loop.

The Smith and Noble blinds were sold on the company’s website and through its catalog between 1998 through April 2010.

If you have these blinds and have children, often have visiting grandchildren, or have friends with small children who frequently visit you are urged to call for a free repair kit, call 800-506-4636.

Defective Product Lawyers

Defective Blind CordIn June of this year the CPSC warned all window blind and shade manufacturers that their products are responsible for one child strangulation incident each month. The agency warned that the industry must seek safer methods or they will face new regulations.

In reaction to this, Bernie Paul, who owns Horizon Blinds of Tacoma, says companies have developed new technologies specifically to avoid risk. “I often recommend systems that have a cordless built in, so there won’t be any issues,” he told a reporter.

New technology is a step in the right direction, but many times companies aren’t prompted to change their technology without a financial reminder that they cannot create a product that could potentially bring harm to people, especially children, without serious monetary consequences.

Defective product litigation is many consumer’s only recourse to changing corporate policies in the safety of their goods. Corporations naturally go towards the cheapest mode of production and design to achieve the highest profitability. It is the consumer’s right to seek monetary accountability for this behavior.

If you or a loved one have been suffered serious personal injuries or wrongful death due to the defective design of any kind of blind or window shade system call Phillips Webster for a free consultation as to how you can get the compensation you deserve.

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Defective Medical Device Lawyers: Study Says 72,000 Kids Injured by Medical Devices Every Year

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July 26th, 2010: Law Blogger

Defective Medical DevicesWe try to protect our kids as much as we can from injury. We want their lives to be as easy and normal as possible, especially if they have a medical issue or disability. So we get them contact lenses, the latest in diabetes testing equipment, and whatever else they need to be comfortable and have a pleasant childhood.

But sometimes things go wrong. There are instances that the devices are flawed, the instructions on using them aren’t clear, or the warnings do not adequately reflect the serious injuries the device can cause. That’s when a device that was supposed to make your child more comfortable and help them through their trying medical issues all of sudden becomes the main medical issue.

Now, a new study shows that injuries from contact lenses, intravenous tubes and other “medical devices” send around 72,000 American children to emergency rooms every year. That is a shocking number of children and it really brings a serious issue to light; testing, warning, and usage on devices do not adequately reflect adolescent patients.

The Study

The team report is published in the August issue of Pediatrics. It spanned over a two-year period, in which the researchers combed through information from a national injury-reporting database. They focused on children treated in emergency departments for medical device-related injuries from early 2004 through late 2005.

They were specifically looking at medical device injuries and found that 144,799 such visits occurred nationwide, encompassing 13 medical specialties. The majority of injuries were from contact lenses (23%) followed by hypodermic needles (8%).

“The device injury rate among the kids were driven by only a handful of device categories,” said lead author Dr. Cunlin Wang, a medical epidemiologist in the Office of Surveillance and Biometrics at the U.S. Food and Drug Administration (FDA). “Seventy percent of the device injuries are coming from ophthalmic devices, general hospital and ob/gyn devices.”

The study describes ophthalmic devices as contact lenses, eye glasses and eye protection devices. They define general hospital devices as infusion pumps, catheters and even hospital beds. The ob/gyn devices include contraceptive devices and injury from vaginal exams.

Adolescent Personal Injuries

The study put injuries into two categories, the types of injuries, which is the actual injury itself and the causes of the injuries, such as the type of device itself. These two categories are necessary because some devices can cause similar injuries.

  • Type – The researchers found that most common types of injuries were contusions and abrasions, foreign-body intrusions, punctures, lacerations and infections. Most often, injuries affected the eyeball, pubic area, fingers, face and ears.
  • Cause – As the researchers examined further they found that the most common injuries overall were related to contact lenses causing damage to the eyeball, the researchers found. Among young children, the most common problems are with shunts (implanted devices that allow passage of fluid within the body), intravenous tubes and tubes placed in the stomach.

The study also had some interesting and unexpected results. It found that as children progressed from early to late childhood the frequency of injuries linked to medical devices dropped, but they rose again after age 10. The reason was somewhat unexplained, but we can speculate that children at home may be more inclined after the age of ten to use the devices without adult supervision.

There was also some interesting data that specifically targeted gender lines. The study found that for children aged 10 and younger, boys were more likely to be injured than girls, while in the 16-to-21 age group girls had more injuries than boys.

Defective Medical Device Lawyers

IV needleThis type of research is rare because the funding is equally as rare unless a causal link can be shown up front. But this study shows what has been suspected by some in the medical community and defective device legal community for a long time. There needs to be more regulation and better information provided. The researchers involved in the study agree.

“This study is an important estimate of device injury that we have in the pediatric population,” Wang said, noting that before this study there was no such estimate.

Wang contends that there needs to be a focus on the most notorious devices to lower the number of injuries.

“The scope and severity of pediatric device-associated adverse events underscore the need for more intensive preventive efforts,” he and his colleagues wrote.

A pediatric expert Dr. Valerie T. Thompson, an assistant professor of clinical pediatrics and division director of pediatric emergency medicine and medical director of the pediatric emergency department at the University of Miami Miller School of Medicine said that her institution sees multiple examples of medical device injuries every week. She also agreed that, among young children, the bulk of device-linked injuries are tied to tubes placed in the stomach, shunts or IV tubes.

“We need to find a window of time to educate parents” on the dangers of medical devices and their safe use, Thompson said.

We at Phillips Webster agree. The problem we’ve seen with regards to this type of information is that the corporations that produce the devices are reluctant to change their instructions and warnings because they generally feel as if that type of action is tantamount to admitting fault or liability.

Further, the FDA is very reluctant in changing their policy on drugs and devices they have approved because they too are reluctant to admit fault. But they are more afraid what mistakes will do to their funding and have been known to drag their feet on decisions until optimum times or the changes can be implemented quietly.

All this, while almost 200 kids a day are rushed through the sliding doors of emergency rooms across the country.

If your child is seriously injured by a defective medical device, this injury could effect their quality of life for the rest of their lives and may hamper them from future employment, relationships, and may make them reluctant to seek medical attention due to mental trauma. This is not a reasonable result of the negligence of a medical device manufacturer. Call Phillips Webster today to find out how you and your child can get the compensation you deserve in order to make an easier transition into adulthood.

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Personal Injury Attorney: Spokane “Popcorn Lung” Lawsuit Thrown Out by Federal Judge

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July 20th, 2010: Law Blogger

popcornThe case of a man in Spokane who ate a tremendously large amount of microwave popcorn and alleged that the fumes containing Diacetyl emitted from the product caused him to contract Bronchial Obliterans, a serious lung disease, has been thrown out on the federal level.

Larry Newkirk claimed Conagra and a host of other companies did not warn people about the dangers of an additive that has now been taken out of microwave popcorn. He claims he got sick from eating up to seven bags of microwave popcorn a day.

In Judge Rosanna Peterson’s ruling earlier this month, she focused on one expert’s testimony, Dr. David Egilman, and ultimately decided it was contradictory and flawed.

Dr. Egilman testified about a condition known as “popcorn lung,” which some say is formed by inhaling the fumes with the additive Diacetyl, which gives the buttery flavor and is blamed for making some factory workers sick already resulting in a major legal settlement of an undisclosed amount.

Yet, in Newkirk’s case, the judge found Dr. Egilman’s testimony full of opinions and conclusions that were not substantiated by evidence such as a biopsy, which apparently wasn’t done.

He also is accused of giving little external support for his conclusions and took some reports that he cited too far.

Judge Peterson concluded that since Dr. Egilman’s testimony cannot be trusted, neither can the lawsuit.

All-in-all, it results in the judge throwing the case out and leaving Mr. Newkirk with no real recourse. Since this case did result in settlement for the workers it may have been a very legitimate claim, yet, detailed evidence and plausible expert testimony is the foundation of a case like this. Unfortunately, neither was present according to the judge.

If you or a loved one is seriously injured due to the negligent policies of a company then you need a legal representative that is experienced in personal injury lawsuits that can protect your best interests and assure that you get the compensation you deserve. Call Phillips Webster for a consultation.

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