Articles Posted in Injury Cases

Ice cream

Yesterday, Blue Bell Creameries of Texas voluntarily recalled ALL of its products due to potential contamination with listeria monocytogenes.  Blue Bell has been experiencing problems with listeria monocytogenes since early March, 2015, and the problem has just continued to grow leading to yesterday’s global recall involving ice cream, sherbet, frozen yogurt and frozen snacks.

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Since the beginning of February, the FDA has been busy with recalls related to undeclared peanut allergens.  A good number of the recalls are related to tainted cumin but not all. The foods involved are:

  1.  Pride of Szeged Sweet Hungarian Paprika (manufactured by Spiceco) 
  2. Goya and Kirby – Black Bean Soup and Black Beans with Creole Seasoning (manufactured by Goya)
  3. Whole Foods Market Divine Treasures 100,000 Smooches candy (manufactured by Whole Foods Market)
  4.  Whole Foods Market – prepared salads, tacos and seasoned meat items (manufactured by Whole Foods Market)
  5. Village Hearth, Lender’s, L’Oven Fresh and Kroger bagels (all produced by National Choice Bakery). This recall also involves tree nuts.
  6. Pepperidge Farm bagels (manufactured by Pepperidge Farms). This recall also involves tree nuts.
  7. Sara Lee, Thomas and Jewel bagels (all manufactured by Bimbo Bakeries) This recall also involves almonds.
  8. See’s Candies Classic Red Hearts and assorted chocolates (manufactured by See’s Candies). This recall also involves undeclared tree nuts.
  9. The Spice Mill Chef’s Choice Ground Cumin and Cajun Seasoning (manufactured by the Spice Mill)

Even more cumin-related recalls occurred in January.  For more details on these and other food recalls, go to http://www.fda.gov/Safety/Recalls/

Food allergies can be life-threatening. In fact, approximately 1,500 Americans die each year because of allergic reactions to food. If you or a loved one has suffered a serious allergic reaction to an undeclared allergen or contaminated food, we can help. Contact one of our award-winning attorneys today for a free, no-obligation consulation. Call us anytime at 866-812-8787

The 2008-2009 salmonella outbreak prompted one of the biggest food recalls in this country’s history. 714 people were sickened and 9 people died as a result of tainted food. This month, federal prosecutors are seeking criminal penalties against the corporate management of a peanut company that faked lab results and failed to recall products they knew were contaminated with salmonella.

Peanut Corp. of America supplied peanut paste to companies like Kellogg’s to be used in peanut butter crackers etc., but often had trouble meeting demand. So rather than wait two days for salmonella and other contaminant testing, the company would ship the peanut paste on the same day it was made and use old lab results to attach to the product. Just as bad if not worse, the company failed to recall their product if testing revealed it was tainted. 

As evidenced by this case, the effects of food poisoning can go way beyond diarrhea and general malaise. It can cause serious injuries and even death. Individuals and corporations who recklessly expose the consuming public to such injuries should be held accountable for compensatory damages and punitive damages. And, when appropriate, they should face criminal penalties. 

For more than 50 years, inspections at poultry plants have been largely the same. That fact does not seem terribly remarkable until you think about the technological advancements we have seen in 50 years – from MRIs to DNA fingerprinting to electric cars. When presented in that light, you have to wonder why it took so long to implement changes that could improve food safety. 

At any rate, the changes are here and are estimated to prevent as many as 5,000 foodborne illnesses a year. Here are the basics of the new rules:

·       Poultry producers are required to perform microbiological testing at two points in their production process to prevent salmonella and campylobacter contamination. According to the Centers for Disease Control and Prevention, salmonella and campylobacter are two of the most common causes of foodborne illnesses. Salmonella alone causes 1.2 million illnesses and 450 deaths in the United States each year.

According to a recent report, you are twice as likely to get food poisoning from a restaurant than you are from food prepared at home. According to the Centers for Disease Control and Prevention, food borne illness outbreaks sicken more than 48 million people annually. Of that number, 128,000 require hospitalization and 3,000 will die. Importantly, the Center for Science in the Public Interest believes that these numbers are actually low due to underreporting of outbreaks. 

We have more information on food poisoning on our website, including a video by John in which he outlines what you should do if you think you have been the victim of food poisoning from a restaurant. If you would like to discuss a potential food poisoning case, call us at 615-742-4880 or toll-free at 866-812-8787 for a free, no-obligation consultation. We handle all food poisoning cases on a contingency basis so we only get paid if we recover money for you.

In the United States, over 6 million Americans suffer with paralysis. Some of the injuries were induced by traumatic spinal cord injuries. Others were the result of medical conditions such as stroke or medical malpractice in the form of birth injuries and otherwise. 

But, there is new hope in the form of implanted electrical devices. The devices are implanted under the skin of the abdomen and electrodes are then placed at the patient’s spinal cord. Then, the device sends electrical impulses to the spinal cord which basically reboots the neurons and retrains the nerves.  

In a recent study, four patients who were all left paralyzed from car accidents and motorcycle accidents have been able to retrain their damaged nerves allowing them to voluntarily move their affected limbs. While none of the patients have learned to walk again, one of them has been able to stand for as long as 27 minutes. 

The United States Conference of Catholic Bishops recently released its 2013 audit of 127 dioceses/eparchies and the numbers are staggering. Despite increased awareness and a pledge by Pope Francis for greater accountability and vigilance for sexual abuse, there were still 935 allegations of sexual abuse last year alone. Notably, the report indicates 136 of those claims have been substantiated, which is a large number given that sexual abuse is often a swearing contest between victim and perpetrator. In fact, 472 of the claims were unable to be proven either way. 223 claims are still under investigation, 78 were found to be unsubstantiated and there were 27 "other". 

As for the accused, 538 priests and 11 deacons were accused of sexual abuse. 175 others were also accused but their clerical status was unknown. With respect to the victims, 80% were male and only 20% were female. The most victimized were children between the ages of 10 and 14. 

According to the report, in the past 11 years, the Catholic Church has spent almost $3 billion on allegations of sexual abuse. The figure includes settlements, therapy for victims, support for offenders, attorneys’ fees and other costs. To review a full copy of the audit, click here.

According to data published by the Tennessee Fire Incident Reporting System, in the past five years, seven people have lost their lives due to fires caused by medical oxygen. Another nine people were injured and the property damage associated with these fires exceeds $710,000.00. 

Oxygen-rich environments present a very real fire threat. But, there are steps you can take to prevent a serious accident:

1. Keep oxygen canisters at least 5 to 10 feet away from ignition sources such as candles, fireplaces, stoves, etc. 

Metrolink has now installed Positive Train Control Technology on its first train, and the company expects to have all of its trains and tracks covered by the safety technology by the end of the year. We first posted about Positive Train Control in this post and we told you more about it here and here.

There are two remarkable points about the Metrolink roll-out of the Positive Train Control Technology. The first is the price. Metrolink has estimated the cost will total $216 million. While at first blush that is a lot of money, let’s put it in perspective. In 2008, a Metrolink engineer who was busy texting instead of doing his job, ran a red light, and crashed into a freight train. 25 innocent people were killed and the members of their family were devastated. In addition, more than 100 other victims were injured in that completely preventable accident.  Late last year, a New York commuter train was speeding as it entered a sharp curve causing it to derail and kill 4, critically injure 11 and injure another 46 passengers.  If Positive Train Control prevents just one such crash, it would be worth it. Indeed, since human error accounts for roughly 40 percent of all train accidents, Positive Train Control will ultimately be a bargain.

The second remarkable point is the date by which Metrolink expects to complete implementation of the safety system. Metrolink projects it will be done by the end of 2014. Congress has passed legislation which requires railroad companies to implement the technology by 2015. A significant number of railroad companies have balked at the deadline claiming it was not possible.   In fact, there have been discussions about extending the deadline to allow train companies to have more time to achieve compliance with the law.   Since it looks like Metrolink will finish installing the technology a year before the deadline, it seems the feet-draggers just need to shut up and get busy.

Surprisingly, falls have now overtaken car accidents as the number one cause of spinal cord injuries.  And, the average age for a spinal cord injury victim has risen by a decade to age 51.  Most researchers believe there is a combination of factors at play in these new findings: (1) older Americans are more active than ever; (2) better safety protection in the form of seat belts and airbags; and (3) the increased age of the general population.  

While the most common cause and the average age for a spinal cord injury have changed, one thing remains constant: spinal cord injuries exact a devastating toll on the victim and the entire familiy.  And the burdens are not just the obvious physical limitations but also financial and emotional costs.  From 2007 to 2009, just a two year period, the cost of emergency room charges for spinal cord injuries in the U.S. totaled $1.6 billion.   And emergency room costs for victims and their families is just the beginning. Spinal cord injury victims require a lifetime of care and the cost of that care can range from $1million to $5 million, according to The National Spinal Cord Injury Statistical Center. 

Emotionally, the change in lifestyle and limitations can understandably lead to depression and anger for the victim and family members.  Economic difficulties associated with the tremendous medical care and the loss of a wage earner for the family can cause anxiety and fear.  

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