Posts Tagged ‘lawyer’
Salmonella in Alfalfa Sprouts Prompts Recall in Massachusetts
UPDATE
Jonathan’s Sprouts of Rochester, MA, has widened the recall of its sprout products due to Salmonella contamination. The recall now includes all sell-by dates, including its conventional, organic, and bulk products. The recall includes other sprouts, such as radish, dill, and gourmet mix. Check below for stores where these products were sold. Do not eat them! Return them to the store for a refund.
More information: FDA Recall Press Release.
ORIGINAL POST
The USDA has found Salmonella, a dangerous bacteria related to food poisoning, in Jonathan’s Alfalfa Sprouts products.
Salmonella, if ingested, can cause serious and sometimes fatal illness and infections in young children, frail or elderly people, and others with weakened immune systems. The symptoms of Salmonella include fever, diarrhea (possibly bloody), nausea, vomiting, and abdominal pain.
Jonathans Sprouts has issued an immediate recall of the following effected products:
- Jonathan’s 4oz Alfalfa Sprouts
- Jonathan’s 4oz Alfalfa with Radish Sprouts
- Jonathan’s 4oz Gourmet Sprouts
- Jonathan’s 4oz Alfalfa with Dill Sprouts
- Jonathan’s 8oz Alfalfa Sprouts
Window Blind Design Reconsidered After Numerous Infant Deaths
The Consumer Product Safety Commission (CPSC) has asked manufacturers to re-design window blinds so as to eliminate the risk of infant wrongful death from strangulation.
Window blind manufacturers have known about the problem for decades, starting with a federal study in the 1980s that tied 41 child strangulation deaths to drapery and blind cords. Since then, manufacturers have dragged their feet when it comes to improving safety.
And infants are still dying. The NY Times reports that in August 2009, Kathleen Leeson put her 2-year-old son down for a nap. A short time later, Ms. Leeson discovered her son hanging, lifeless, an inch off the floor with the window blind cord wrapped around his neck. Further, in 2002 1-year-old Cheyenne Kaiser was found by her mother strangled sitting up in her crib, which was next to the window, with the inner window blind cord wrapped around her neck.
The CPSC has released a safety alert for concerned parents explaining the risk of personal injury and wrongful death to children from the various types of window blind cords. In its safety alert, the CPSC makes four recommendations to help prevent these tragic strangulation injuries:
- Use only cordless window blinds in all homes where children live or visit;
- Do not place cribs, beds, or furniture close to windows where children can climb and gain access to the cords;
- Make all loose cords inaccessible; and
- In windows with looped bead chains or nylon cords, use tension devices to keep the cord taut.
Moreover, in response to the industry’s unenthusiastic attempts at improving product safety, a task force of regulators, consumer advocates, and industry leaders have come together to find a solution by the fall of 2011.
The CPSC has also warned the window blind industry that, if it cannot reach a solution soon to minimize these life-threatening dangers, it may face mandatory safety regulations.
Warning to Massachusetts Residents: Tea Light Candles Recalled Due to Holder Burn/Melt Risk
Over 7 million candles have been recalled due to concerns that the cup holding the candles could melt or catch fire.
The Consumer Product Safety Commission has stated that the defective products, tea light type candles, were sold under the brand names Chesapeake Bay Candle and Modern Light.
The affected candles were sold in Massachusetts and nationwide at retailers such as Home Goods, Target, and Wegmans between July 2009 and February 2011.
The clear plastic cup holding the candles is at risk for melting or igniting during use. There has been one consumer report of the candle’s plastic cup melting during use.
Commercial Landlord Liability for Personal Injury Expanded In Massachusetts
By David White
Scheme at the MBTA Results in Buses Going Uninspected
The Massachusetts Bay Transportation Authority (MBTA) has concluded a three month investigation into a scheme resulting in 200 buses not receiving inspections for mechanical problems and routine maintenance services. The MBTA provides public transportation services to Massachusetts residents throughout the Greater Boston area.
At the close of the investigation, 13 managers were fired for falsifying the mileage records of 200 buses to avoid scheduled inspections. Six other managers received three day suspensions for lesser roles in the scheme. Unless additional information becomes known, the MBTA does not anticipate terminating any other individuals.
According to MBTA General Manager Richard Davey, the MBTA has mostly caught up with the inspection backlog. Officials also stated that the deferred inspections did not cause any known safety problems or accidents because bus drivers visually inspect the buses before use. The MBTA requires bus inspections every 6000 miles. According to reports, some of the affected 200 buses went over 35,000 miles without inspections.
An anonymous terminated superintendent is claiming that the disciplined managers are taking the fall for a widely recognized policy of pushing off routine inspections and were reacting to pressure from higher management to keep buses in service. He says he is considering legal action against the MBTA. The terminated superintendent says it is common within the MBTA to treat serious issues immediately but postpone the scheduled inspections if the buses were needed for service due to emergencies or track repairs and that management was aware of this policy.
State Transportation Secretary Jeffrey B. Mullan said several government departments have been notified about the inspection issue and the agency is reviewing whether any criminal or civil laws have been violated by the false records or missed inspections.
For more information on the MBTA inspection issue, see this Boston Globe article.
FDA Issues Tylenol Safety Warning
The Food and Drug Administration is urging parents to choose generic children’s medications over Tylenol as it broadens its investigation into manufacturing facilities operated by Johnson & Johnson and its subsidiary, McNeil Consumer Healthcare.
New product safety concerns have arisen in the weeks after an April 30 recall involving McNeil’s Fort Washington facility in Pennsylvania, prompting the FDA to start investigating other manufacturing sites. McNeil recalled 43 over-the-counter children’s medicines it manufactures for Johnson & Johnson, including various flavors of liquid Tylenol, Motrin, Benadryl and Zyrtec. The FDA has not said how many facilities are being investigated.
McNeil Consumer Healthcare issued the April 30 recall voluntarily in consultation with the FDA. In a visit to McNeil’s Fort Washington facility, FDA officials uncovered inconsistent active ingredient concentrations, extremely potent metal particles in some medicines, an inadequate testing facility, poorly trained employees and drums of raw materials contaminated with bacteria.The full inspection report is available here.
Meanwhile, the House Committee on Oversight and Government Reform is scheduled on Thursday, May 27, 2010 to hold a hearing on the recent Tylenol recalls and whether McNeil properly handled consumer complaints. In a recent Fortune Magazine interview, Johnson & Johnson Chief Executive William Weldon admitted that his company owed an apology. Mr. Weldon has been invited to testify at the May 27 hearing.
The Pennsylvania facility has since been shut down but may resume operation once, according to Johnson & Johnson spokesman James Freeman, “we have taken the necessary corrective actions and can assure the quality of products made there”.
Tylenol has been involved in other product safety recalls in recent years. In 2008, McNeil recalled 51 types of Tylenol after consumer complaints of diarrhea, vomiting and other illness. The company said the medications – mostly all for children and infants – had been contaminated by trace amounts of a chemical used in shipping.
In 2008, McNeil recalled 21 types of children’s and infants’ Tylenolbliquid products, saying an active ingredient did not meet all quality standards.
For additional information on the Johnson & Johnson recalls, see the FDA’s website.
Lettuce Recall Affects 23 States, Including Massachusetts
Another recent recall of fresh produce highlights the importance of safe food handling and rinsing even pre-washed produce. Freshway Foods of Ohio has announced a voluntary recall of romaine lettuce after reports of food borne illnesses from possible E.coli contamination. The New York State Public Health Laboratory found E.coli 0145 in an unopened recalled bag of shredded romaine. Products affected include bags of shredded romaine lettuce with “best if used by” dates prior to May 12; bags with “best if used by” dates of after May 12 are not affected. Freshway Foods sold the recalled products to wholesalers, food service outlets and some in-store deli and salad bars in Alabama, Connecticut, Washington DC, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia, and Wisconsin. Although these products are now off the shelves, consumers should make sure they throw away any remaining products in their homes.
Nineteen cases of illness resulting from E.coli 0145 have been reported from Michigan, New York, and Ohio; twelve of these cases required hospitalization. Symptoms of foodborne illness caused by E.coli can range from nothing to acute stomach cramps and diarrhea to kidney damage. Three of the reported cases involved a life threatening complication called hemolytic uremic syndrome which causes blocked circulation or bleeding in the brain or kidneys. People experiencing a diarrheal illness with high fever, bloody stool, prolonged vomiting that could cause dehydration, symptoms of dehydration, or if the diarrheal illness lasts longer than three days should seek medical attention.
How to Protect Yourself
Consumers can protect themselves from foodborne illness by taking simple precautions. Cook meat and eggs thoroughly, using an internal thermometer. Avoid cross contamination by keeping raw meat and eggs away from vegetables and cooked foods and washing all surfaces that come into contact with raw products thoroughly. Chill leftovers promptly if they are not going to be eaten within four hours. Handle produce with clean hands and always rinse produce, even produce that has been pre-washed, and remove the outer leaves of lettuce and cabbage. Finally, report incidents of foodborne illness to your local health department.
For more information on this specific recall, read this article on Time.com. For more information about foodborne illnesses in general, see the CDC web pages on food safety. For more information on E.coli specifically, see the CDC’s web page on E.coli.
Massachusetts Safety Tips for Enjoying the Warm Weather
As it finally cracks 50 degrees and Massachusetts residents get their first taste of spring, everyone is heading outside. Enjoy the nice weather tending to the yard and pedaling your bike, but don’t forget to avoid personal injuries. Here are some ways you and your family can avoid personal injuries:
On a hot humid Boston day, a swimming pool can be an oasis. However, swimming pools can be hazardous for young children. Adults should keep a close eye on children, whether in or near the water. Home pools should be surrounded by a fence that is at least 5 five feet high and self latches. When not in use, the pool fence should be locked. Keep the area around the pool free of clutter that can cause someone to trip. Poolside rescue equipment- such as 10-12 foot rescue pole and a ring buoy with line-should be kept close by. Keep a life vest close by and outfit all poor swimmers with a life vest. Be aware that the suction from pool drains can entrap swimmers underwater. Finally, keep pool chemicals in a safe place, out of reach of children.
Lawnmower Safety
Lawnmower safety starts with the proper shoes. Although it feels great to slip into sandals after months in boots, always wear sturdy shoes when operating a lawnmower along with eye and hearing protection. The next rule of lawnmower safety is to survey the yard for sticks, stones, and other objects that can go flying when struck by a lawnmower blade. Use a mower that will stop moving forward and will stop the blades’ movement if the handle is released. Wait for the blades to stop before crossing a street or trying to remove the grass catcher or discharge chute. Start and refuel motors outside on the yard, rather than in the garage. Finally, never let children under 12 operate a handheld mower or under 16 operate a ride-on mower.
Bicycle Safety
Adults and children alike should wear helmets when riding bikes. Helmets prevent serious injuries and can keep a bike accident from being a fatal accident. Helmets should be worn level on the head with the chin strap secured so the helmet cannot move. Also, when purchasing a bike for your child, make sure the bike is the right size for the child. An oversized bike can be hard to control and dangerous.
Playground Safety
Anyone who has ever fallen off a slide or slipped off the monkey bars knows there are significant risks for personal injuries at the playground. Always keep a watchful eye on children. If putting together playground equipment, make sure the equipment is assembled according to instructions and weighted to the ground. Periodically check for loose, rusted, or sharp pieces. Install safety padding, mats, or soft fill material beneath playground equipment, extending out six feet on all sides. Do not allow children to attach ropes to the playground equipment to avoid strangulation hazards and accidents if the rope comes loose. Make sure walls and fences are at least six feet away from all playground equipment.
For more tips on keeping your family safe this spring and summer, see the following websites:
Home Safety Council (Pool Safety)
US Consumer Product Safety Commission (Pool Safety)
Department of Transportation (Bike Safety)
HealthyChildren.Org (Lawnmover Safety)
Defective Product Leads to Proposed Plea Deal in the Largest Criminal Penalty Ever Assessed Against a Medical Device Company
Guidant LLC, a division of Massachusetts’ company Boston Scientific, has plead guilty to two misdemeanor counts alleging the medical device maker failed to disclose product changes involving over 20,000 implantable heart monitor devices.
The medical device manufacturer plead guilty Monday, April 5 and will learn over the next few weeks whether U.S. District Judge Donovan Frank will accept a proposed $296 million plea deal – the largest criminal assessment ever proposed against a medical device company.
The Department of Justice accuses Guidant of changing the design of its implantable cardioverter defribrillators, or ICDs, and failing to notify the Food and Drug Administration (FDA) of subsequent problems that lead to a Class 1 medical recall – the most serious category which indicate a defective product has the potential to cause serious personal injury or wrongful death.
Guidant’s implantable cardioverter defribrillators, Ventak Prizm 2 DR and Contak Renewal 1 and 2, were designed to monitor patients for abnormal heart rhythms and deliver electric shocks to keep the heart beating properly. But Department of Justice officials say Guidant discovered as early as 2002 that Ventak had the potential to suffer an electric arc, which could short-circuit the device. Although problems continued with the defribrillator, Guidant didn’t issue a warning until 2005. In at least seven cases, the devices failed to issue a lifesaving shock and the patient died.
In 2005, Guidant sent a product update to doctors, advising that a yellow warning screen indicated a potentially serious problem. However, the FDA says the company should have sent a product correction, rather than a product update, since the change reduced the risk of serious injury, and should have notified the FDA of the change within 10 days. Guidant ultimately recalled its three devices in 2005.
Attorneys for the affected patients are now urging the court to reject the plea deal because it will not provide restitution payments to victims. The government prosecutor has argued that the victims have other remedies for compensation and that the applicable law does not require restitution. The prosecutor points to the fact that most of the victims have settled civil suits with the company and the company has paid out over $650 million in settlement and warranty payments. Additionally, $42 million of the plea amount is forfeited funds and victims can petition the Justice Department for their share.
For more information on the plea deal, see this Boston Globe article and this Star Tribune article.
Tired Truckers and Truck Accidents May Be Reduced with New Regulations—Massachusetts Highways Should Be Safer
A lawsuit over tired truck driving may eliminate an embattled rule that concerns safety advocates about the risk of truck accidents, motor vehicle accidents and wrongful deaths on the nation’s roadways.
Since 2004, advocacy groups have been battling an hours-of-service rule passed by the Bush administration that increased the maximum number of consecutive hours a trucker could work from ten to eleven and decreased the rest and recovery time from fifty hours to thirty-four. Safety advocates claim that the changes are likely to lead to more motor vehicle accidents, serious personal injuries and wrongful deaths.
Twice, advocacy groups have successfully challenged the rule in court just to have the administration reissue the same rule. In 2004, the court vacated the hours-of-service rule on the grounds that the government did not adequately consider the effects of longer driving hours on individual truck driver welfare and public safety. In 2007, the court vacated the rule again because the agency did not allow public notice and comment on the new crash risk analysis used as justification to reissue the same rule.
Advocacy groups brought a third lawsuit in 2009 and will finally see an outcome. As part of a legal settlement, the Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA) have agreed to redraft the existing hours-of-service rule. In January, the agencies held several sessions around the country to gather public comment.
As they start work, safety advocates hope that the new rule will reflect the dangerous reality of tired truckers. The deaths and personal injuries caused by drivers falling asleep in the cab can be catastrophic for truck drivers and people on the road.
The U.S. National Transportation Safety Board points to driver fatigue as a likely factor in twenty to forty percent of truck crashes. Safety advocates, including members of Parents Against Tired Truckers and Citizens for Reliable and Safe Highways, applaud the settlement as a step in the right direction towards safe roads.
There are typically over 1,000 Massachusetts truck accidents every year, nearly half of which involve out-of-state motor carriers. In 2006, 34 people were killed in Massachusetts trucking accidents.
For more information on the regulations, see the FMCSA website. The Truck Safety Coalition has a collection of stories and press releases on the hours-of-service rule and trucker fatigue.
Contact Breakstone, White & Gluck now
If you need assistance with a case involving a wrongful death or personal injury as the result of a truck accident, please contact the Boston law firm of Breakstone, White and Gluck. We have a long record of proven results. An experienced attorney is available for a free consultation by calling 800-379-1244 or contacting us online.