PA Law Blogs

Egg Salmonella Contamination Recall Raises Consumer Safety Concerns

Admin2 — Tue, 07 Sep 2010 22:00:46 +0000

The recall of at least 550 million eggs has shaken consumers’ trust of some food manufacturers, contributing to a growing concern regarding food quality due to poorly maintained facilities and other violations. The shell egg recall involving products from Wright County Egg and Hillandale Farms out of Iowa was announced in August after the companies received data reflecting that almost 2,000 individuals had become ill from salmonella.

Business Week reports that two ex-employees at an Iowa egg farm stated that federal workers at the two facilities disregarded complaints regarding the shoddy surroundings at one of the locations. The two employees working at Wright County Egg stated that they complained about seeping manure and dead chickens to U.S. Department of Agriculture employees, but no action was taken to address the problem. However, a representative of the Agriculture Department stated that the USDA employee in charge of overseeing grading at the farm did not report employees presenting any concerns about the facility’s conditions.

Some of the major violations noted by U.S. health investigators include manure pits overflowing into hen houses, rodent easy entry into poultry houses, a significant amount of dead flies, standing water near manure piles, loose hens that tracked manure from the manure pit to the caged sections, and the failure to manage waste from animals. All of these issues contributed to creating a risk for salmonella contamination.

Salmonella poisoning caused by contaminated food products is a serious calamity that can be life-threatening to young children, the elderly, and those with weakened immune systems. In many instances, salmonella lasts four to seven days and causes fever, abdominal cramps and diarrhea.

Hip Replacement Implant Systems Ineffective, Johnson & Johnson Recalls Products

Admin2 — Thu, 02 Sep 2010 23:00:43 +0000

Hip replacement surgery, although necessary in many instances, is an invasive procedure that many patients cannot even imagine going through again. After data from the National Joint Registry of England and Wales revealed that over a course of five years, approximately 12% of individuals receiving Johnson & Johnson’s DePuy Orthopaedics hip resurfacing system and about 13% percent of those receiving the acetabular system needed corrective surgery, a recall of the hip replacement products has been issued.

A patient requiring a second hip replacement procedure is not unheard of; however, the DePuy systems have been associated with an abnormally high proportion of individuals needing corrective surgery. For a patient to be faced with having to undergo corrective hip replacement surgery due to one of the recalled systems, he or she is likely to have endured difficulty walking and serious pain as a result of the ineffective product.

The Associated Press reports that this is Johnson & Johnson’s eleventh recall within one year, being announced only a few days after the company was given a government warning for allegedly marketing two different products unlawfully.

Defective medical devices, including implants like the hip replacement systems, can significantly alter an individual’s life on a physical, emotional, and financial level. While the recall of these products is important to help protect patients that may require a hip replacement, many patients have already suffered as a result.

Oil Spill Fund May Not Deter Future Lawsuits

Admin2 — Tue, 31 Aug 2010 22:25:54 +0000

There is no doubting the vast reach of the oil spill’s affects on the livelihood and well-being of thousands of Americans. Ever since the April 20 Deepwater Horizon oil rig explosion, concern has mounted regarding whether those affected will receive substantial compensation for losses and damages. This concern is even greater for those who may require more time to accurately and fully determine their losses.

With various news sources reporting that applicants are being received for the $20 billion oil spill compensation fund, some attorneys are skeptical as to whether the fund will make litigation unnecessary and even think that it will cause several lawsuits to be filed as a result.

Another point of concern is that it has not been made clear at this time whether the oil spill fund will provide restitution for government entities or businesses that are located in areas quite a distance from the oil spill.

In being established to lower the number of lawsuits against BP, the Gulf Coast Claims Facility was meant to provide monetary compensation in a timely manner to those with the most urgent claims. This fund provides emergency relief covering only damages that have accumulated since the explosion and is also supposed to provide a final payment of damages. However, those who take the final offer of compensation relinquish their right to file lawsuits against BP, which is something that may or may not apply to other defendants.

Personal Injury Attorneys Giving Back to the Community

Admin2 — Fri, 27 Aug 2010 22:54:39 +0000

There is no better time than the present to give back to the community. The personal injury attorneys at Anapol Schwartz have joined many other plaintiffs’ law firms in Pennsylvania in helping those in need beyond the courtroom. The Legal Intelligencer discusses the Anapol Schwartz Foundation, which was created by the Anapol Schwartz personal injury law firm in 2008. The Foundation operates under the mantra that the firm’s cases become their causes in that it provides grants to organizations that pertain to the types of injuries the firm’s clients have suffered. A portion of the firm’s case winnings are granted to nonprofit organizations that assist victims and their families in addition to funding research and programs focused on progressive health and safety.

The goal of the Anapol Schwartz Foundation is to provide help and resources to individuals who have endured devastating injuries but did not have cases or legal assistance. So far, the Foundation has provided over $200,000 to local organizations and 501(c)(3) public charities, including Mothers Against Drunk Driving, Northern Home for Children, Susan G. Komen for the Cure Philadelphia, the Make-A-Wish Foundation, the Caren Sydnor Locomotor Training Fund, the Burn Foundation and the Nathan Speare Regional Burn Treatment Center at Crozer-Chester Medical Center.

The Anapol Schwartz Foundation plans to continue its efforts in helping members of the community find ways to get back on their feet after experiencing significant losses of their own from their injuries. The Foundation also hopes to eventually fund programs and grant scholarships to individuals with spinal and brain injuries who would like to go back to school for nursing, physical therapy or occupational therapy education.

New Pedestrian Safety Law Supported by Personal Injury Attorney

Admin2 — Wed, 25 Aug 2010 18:47:52 +0000

A study of New York City pedestrian crashes revealing that almost 7,000 accidents took place between 2002 and 2006 has served as a catalyst in pedestrian safety law creation and implementation. As a personal injury attorney, Joel Feldman of Anapol Schwartz, who lost his daughter in a pedestrian accident last year, has been an advocate for new laws regarding pedestrian safety.

Mr. Feldman helped a new law in New Jersey get passed that adds two points on a driver’s license and provides a $200 fine (instead of $100) if they fail to stop for pedestrians. Signs at crosswalks in New Jersey used to say, “Yield to Pedestrians,” and now they say, “Stop for Pedestrians.”

Although Pennsylvania has not passed a new pedestrian safety law, in his interview with Fox29, Mr. Feldman states that he supports the law passing there as well. Mr. Feldman also recognizes that culture may influence how some drivers interpret their rights and the rights of pedestrians.

Laws regarding pedestrian safety play a key role in helping motorists become more aware of the presence of pedestrians and the implementation of these laws can help prevent accidents. Pedestrian safety attorneys can make a big difference in helping injured pedestrians obtain the compensation that they need to fully recover from their injuries caused by another person’s negligence, but hopefully this won’t need to happen in the first place.

Radiation Overdose Risks from CT Brain Perfusion Scans

Admin2 — Fri, 20 Aug 2010 19:11:32 +0000

After the onset of hundreds of CT Scanner radiation overdose complaints made last summer, the Food and Drug Administration has launched an investigation. Despite their efforts so far, a final report has not been established as to why excessive radiation has been administered to patients, and continues to be administered in some instances. In addition, there have been recent reports of hair loss, memory loss, and confusion, in patients who have received CT brain perfusion scans. Experts claim that patients who receive a larger amount of radiation during these scans than is intended are also at a heightened risk of suffering brain damage and cancer.

It has baffled citizens throughout the United States that such a complex device has been lightly regulated. Although most of the radiation CT scan overdoses reported have come out of Southern California, according to the New York Times, radiation overdoses are larger and more widespread than previously thought.

Some of the issues of concern relate to improper technician training and subsequent CT Scan operation as well as CT Scanner manufacturer software and equipment design. As states throughout the nation expand their investigations into CT Scan radiation overdoses, more cases are expected to be revealed in which radiation CT Scan attorneys can help protect the rights of those who have suffered health complications.

More than 400 patients at eight hospitals have reported receiving elevated doses of radiation. Some patients even received up to 13 times the amount of radiation than is typically used.

Berks County Vehicle Accident Caused by Tire Blowout

Admin2 — Tue, 17 Aug 2010 22:19:52 +0000

Commercial truck drivers are expected to uphold several important duties in order to safely operate their large and heavy vehicles. One of the many responsibilities of a trucker relates to vehicle maintenance, which includes ensuring that tires are properly inflated. If a tire on a big rig is deflated and lacks accurate tire pressure, tire blowouts can occur and led to Berks County truck accidents.

The Reading Eagle recently reported that one individual sustained injury after the vehicle in which they were traveling was run over by a tractor-trailer in Muhlenberg Township. The police report of the Berks County tractor-trailer accident mentions that the driver lost control when a tire on a recycling truck blew out. As a consequence, the truck ran over the car, which became stuck under the trailer. The person injured in the accident was transported to Reading Hospital after rescue teams were able to free him from the wreckage. Underride truck accidents are especially dangerous due to the base of a tractor-trailer being at approximately the same level as a car occupant’s head.

A Berks County truck accident lawyer assists those who have been injured in various types of large commercial truck collisions. Those involved in a truck crash should not have to worry about accident reconstruction and the gathering of evidence to develop a strong and effective case. This is the job of an attorney with years of experience in truck accident and personal injury litigation.

Chevy Camaro Clutch Disintegration Alert

Admin2 — Sat, 14 Aug 2010 02:25:54 +0000

Drivers of Chevy Camaros that have V6 manual transmissions may be at risk of experiencing clutch disintegration or breakdown. These Camaros have low miles and no abuse, which makes it possible that potential problems with the clutch may have been caused by an auto manufacturing defect or poor vehicle design. However, GM has not announced a recall even though it is aware of the clutch problem.

Disintegrating Camaro clutches pose significant potential risks to drivers, vehicle occupants, pedestrians, and others on the road. If the clutch collapses and no longer provides its required and necessary function, then the vehicle could unexpectedly stall. If this happens at high speed or on the freeway, auto accidents and pedestrian accidents could result.

Consumers trust and rely on major automakers to design and manufacture vehicles that are safe and do not contain any defect that could impose harm or cause an accident. However, when large auto companies rush through the manufacturing or design process in order to get a vehicle on the market as soon as possible to meet supplier demand or increase profits, serious auto defects can be overlooked.

Johnson & Johnson Receives Several Subpoenas Over Recurring Recalls

Admin2 — Thu, 12 Aug 2010 23:48:05 +0000

After its plant in Philadelphia, Pennsylvania was shut down in April, and after eight drug recalls since last September involving tens of millions of Tylenol pain reliever and other highly used nonprescription medicines both for adults and children, Johnson & Johnson has now been given several subpoenas from federal prosecutors.

The New York Times reports that the court orders are asking for documents relevant to all of the recent recalls of Johnson & Johnson products made by McNeil Consumer Healthcare in addition to material from inspections of two of the manufacturer’s factories, one in Lancaster, PA, and another in Fort Washington, PA.

When examining the Lancaster plant, Food and Drug Administration investigators found several serious problems, some of which related to a pattern of failing to follow rules for manufacturing and quality, carelessness in cleaning and maintaining equipment, failing to investigate problems that could negatively impact the composition of products, and inaccurate record-keeping. The liquid children medication and other nonprescription medicine recalls as well as the plant closure are expected to cost Johnson & Johnson $600 million this year.

The subpoena also alluded to the many lawsuits seeking class-action status against Johnson & Johnson related to the contaminated recalled products. Consumers who have endured health complications or injury from using a defective or contaminated pharmaceutical product, whether over-the-counter or prescription, have valid legal rights and may be able to hold negligent drug manufacturers liable for their negligence.

Investment Firm in Philadelphia Sued for $427 Million in Federal Lawsuit

Admin2 — Tue, 03 Aug 2010 21:19:13 +0000

Cohen & Company Financial Management of Philadelphia has been sued for $427 million by Cascade Bancorp in Oregon. The Philadelphia investment firm is being accused of placing the Oregon bank at risk of falling short of meeting regulator orders to increase capital.

The bank is claiming that Cohen & Co. will not stick to an agreement established in October 2009 to settle the elimination of a liability, reports the Associated Press. The suit has been filed in the United States District Court in Eugene alleging that investors instructed Cascade Bancorp to settle a liability it had with the investment firm. The bank asserts that it established prospective agreements just last month with private investors to raise $150 million in its efforts to increase its capital levels to meet a 2009 cease and desist order. These orders can be issued by administrative agencies to stop banking practices that could potentially harm involved institutions.

As an investment firm that concentrates its fixed income services on asset managing and capital markets, Cohen & Co. is being accused of failing to uphold its obligations under an exchange agreement with the Oregon bank. In what is expected to involve complex business litigation, the firm faces charges for breach of contract, breach of the covenant of good faith and fair dealing, and meddling with business dealings.