Accident and Injury Lawyer Blog

The Lettuce Recalls Continue

Last week the lettuce recall was due to Listeria, this week we have moved on to Salmonella concerns.

Taylor Farms Retail Inc. has issued a precautionary recall of 3,265 cases of various salad blends, as a random test of packaged spinach showed the potential to be contaminated with Salmonella.

The bagged salad products subject to the recall include:

• Fresh Selections Hearts of Romaine 10 oz. bag 0-11110-91044-8 TFRS277B07OOKR5L Best By 10-18-11
• Fresh Selections Leafy Romaine 10 oz. bag 0-11110-91046-2 TFRS277B07OOKR5H Best By 10-18-11
• Fresh Selections Field of Greens 10 oz. bag 0-11110-91042-4 TFRS277B07OOKR5F Best By 10-18-11
• Fresh Selections Romaine Blend 10 oz. bag 0-11110-91038-7 TFRS277B07OOKR5N Best By 10-18-11
• HEB Spring Mix 5 oz. bag 0-41220-19752-1 TFRS277B07 Best By 10-20-11
• Marketside Fresh Spinach 10oz bag 6-81131-32946-0 TFRS277A07 Guaranteed Delicious By 10-21-11
• Marketside Caesar Salad Kit 14.6 oz. bag 6-81131-38744-6 TFRS277B07 Guaranteed Delicious By 10-19-11
• Marketside Asian Salad Kit 15 oz. bag 6-81131-53211-2 TFRS277B07 Guaranteed Delicious By 10-19-11
• Marketside Southwest Salad Kit 15oz bag 6-81131-38747-7 TFRS277B07 Guaranteed Delicious By 10-19-11
• Marketside Premium Romaine 9 oz. bag 6-81131-38753-8 TFRS277B07 Guaranteed Delicious By 10-19-11
• Marketside Premium Romaine Family 18 oz. bag 6-81131-38807-8TFRS277B07 Guaranteed Delicious By 10-19-11
• Taylor Farms Field Greens 8 oz. bag 0-30223-04036-1 TFRS277B07 Best If Used By 10-20-11

The products were distributed in Arizona, California, Colorado, Florida, Kentucky, Missouri, New Mexico, New York, North Carolina, Oregon, South Carolina, Texas, Virginia, Washington and Puerto Rico and sold in various retail supermarkets.

No other products or code dates are affected by this recall, and there have been no reported illnesses attributed to the recalled items.

• Lettuce Recall: Listeria Concerns

Recalled - Once again

Today, the U.S. Consumer Product Safety Commission (CPSC) and Whole Space Industries have voluntary recalled approximately 3,200 units of Roman shades and roll-up blinds, specifically their "Innovations" and "At Home with Meijer" products. The recall has been re-announced as approximately 240,000 units were recalled in March of 2010.

This recall involves previously recalled "Innovations" and "At Home with Meijer" Roman shades and roll-up blinds that were redistributed to stores, and sold after March 2010 without a repair kit. The affected shades contain a label reading "Innovation" or "At Home with Meijer" that can be found under the headrail.

The Roman shades, made with fabric or bamboo, pose a strangulation hazard when a child places his/her neck between the exposed inner cord and the fabric on the backside of the blind. Strangulation can also occur when a child pulls the cord out and wraps it around his/her neck.

The roll-up blinds, made with bamboo, also pose a strangulation hazard, as strangulation can occur if the lifting loops slide off the side of the blind and a child's neck becomes entangled on the free-standing loop, or if a child places his/her neck between the lifting loop and the roll-up blind material.

The products affected by this recall were sold at discount retailers, dollar stores, flea markets and other retail liquidators nationwide, from March 2010 through September 2011. Originally, before being recalled, the products were sold at Meijer stores between January 2004 and December 2009 for about $40.

Consumers should immediately stop using the Roman shades and the roll-up blinds, and contact the Window Covering Safety Council for a free repair kit at (800) 506-4636, or by visiting www.windowcoverings.org. Consumers can also return the products to any Meijer store for a full refund.

It is important to note that no injuries have been reported to date.

Mercedes-Benz will recall 6,872 diesel-powered cars and SUVs from the 2011 and 2012 model years, to fix a fuel leak. The recall includes 2011 Mercedes E-Class cars, built from July 2010 through February 2011; R-Class crossovers, built from April 2010 through April 2011; ML-Class SUVs, manufactured from January 2010 through March 2011; GL-Class SUVs, built from March 2010 through March 2011; and 2012 2012 S-Class cars (annoyingly, it is still 2011 - there should be a law).

Mercedes-Benz said that the fuel leak problems stem from diesel fuel filters that may leak. Obviously, this poses a risk to the driver and everyone around them. Besides the obvious fire hazard, fuel spill also cause slippery spots on the road that increases the risk of a car accident for the next driver coming down the road.

Under the recall, Mercedes-Benz dealers will inspect the fuel filters and replace the ones that need to be. The recall is expected to begin next month. I never understand why car makers cannot move faster on these recalls. If someone gets hurt between now and then, Mercedes is going to be paying out enough money for somebody to buy their own Mercedes-Benz dealership.

$1.5 Million in Electrical Injury in Alabama

An Alabama jury awarded $1.5 million to a man shocked by low-hanging power lines. The Plaintiff, was paving a road in Alabama when his vehicle struck Black Warrior Electric power lines, sending 7,600 volts of electricity through his right arm.

Suffice to say, that is a lot of electricity, although voltage alone is cause for injury, it is the voltage multiplied by the current. Obviously, his insulation in the vehicle would be important. Still, it has to impact a jury to learn that the guy got shocked by an amount of voltage that is substantially less than the voltage given in the electric chair (about 2000 volts).

Plaintiff's successfully argued at trial that this accident would not have happened if the power company had complied with national codes require that power lines that carry that amount of voltage be placed a certain height above the ground. The jury apparently agreed.

Every year thousands of people are killed or seriously injured because of faulty or defective electrical wiring. Usually, it is just like the facts of this case: a worker on the job that comes into contact with excessive power. Power lines and exposed electrical sources cause too many needless deaths and injuries, injuries that could be avoided if people took public and workplace safety more seriously.

• Electrocution Lawsuits: Lawsuit Overview
• Maryland Burn Injury Lawyer: Causes & Average Verdicts

Last week's River Ranch lettuce recall is growing. At that time, their the 8-ounce package of Shredded Iceberg Lettuce was recalled, in addition to several Giant Eagle deli sandwhich rings, as they were prepared with shredded iceburg lettuce, that was potentially contaminated with Listeria monocytogenes.

River Ranch Fresh Foods has now initiated a voluntary recall of 2,154 cases of various bagged salad products due to the potential of being contaminated with Listeria monocytogenes.

The bagged salad products subject to the recall include:

• Farmers Market 8 oz shredded Iceburg 30034-30195 Best By 14OCT2011 A106A and A106B
• Farmers Market 7 oz Parisian Blend 30034-30259 Best By 14OCT2011 A106A and A106B
• Farmers Market 9 oz Leafy Romaine 30034-30364 Best By 14OCT2011 A106A and A106B
• Farmers Market 12 oz Romaine Garden 30034-30220 Best By 14OCT2011 A106A and A106B
• Hy-Vee 8 oz Shredded Iceberg 75450-12053 Best By 14OCT2011 A106A and A106B
• Hy-Vee 12 oz American Blend 75450-12047 Best By 14OCT2011 A106A and A106B
• Hy-Vee 12 oz Garden Supreme 75450-12046 Best By 14OCT2011 A106A and A106B
• Hy-Vee 12 oz Romaine Garden 75450-12058 Best By 14OCT2011 A106A and A106B

These salad products were distributed in Iowa, Ohio, and Pennsylvania and sold in retail supermarkets. No other products or code dates are affected by this recall. As with the previously recalled Iceburg lettuce, there have been no reported illnesses attributed to the recalled items.

CooperVision has finally done the right thing, and announced a recall of certain lots of Avaira™ Toric contact lenses.

A few days ago, we told you that CooperVision was being urged by the Food and Drug Administration (FDA) to issue a recall of their Avaira™ Toric contact lenses, as there were "...a small number of unexpected wearer reports of hazy vision and discomfort." The problem was, CooperVision was minimizing the concerns here in the United States. Limited lots of the lenses were quietly recalled in the U.S. this summer over an unidentified residue....but a broader international notification, which included Hong Kong (the Hong Kong notice states that the lenses were also recalled in Canada, Germany, and Italy), Australia, and Spain, was issued for hundreds of additional lots. The FDA requested that CooperVision make a broader recall which, until now, CooperVision failed to do Now, almost two months after problems were first announced, CooperVision Inc. and federal health regulators have increased public warnings about more than half a million recalled contact lenses, urging users to return the potentially defective products and to seek medical care if they show symptoms of harm.

• CooperVision: Questions and Answers about the recall

New Medication Label Changes

Last month brought changes to thirty-four (34) medical product labels (down from 45 changes in August), with changes to the prescribing information to include any of the following areas: BOXED WARNINGS, CONTRAINDICATIONS, WARNINGS, PRECAUTIONS, ADVERSE REACTIONS, PATIENT PACKAGE INSERT, and MEDICATION GUIDE.

For a complete detailed accounting of the label changes, please refer to the summary of meds. By clicking onto the drug name, you will be able to view the detailed summary, which will identify the safety labeling section and revised subsection, as well as a brief summary of the new or modified safety information.

The following drugs have been effected:

Detrol (tolterodine tartrate) tablets and Detrol LA (tolterodine tartrate) extended release tablets
Orap (pimozide) 1 mg and 2 mg tablets
Anzemet (dolasetron mesylate) tablets and Anzemet (dolasetron mesylate) injection
Atripla (efavirenz/emtricitabine/tenofovir disoproxil fumarate) tablets
Avastin (bevacizumab)
Cymbalta (duloxetine hydrochloride)
Effient (prasugrel hydrochloride) 5 mg and 10 mg Tablets
Ellence (epirubicin hydrochloride) injection
Istodax (romidepsin) for Injection
Lexiscan (regadenoson) Injection
MultiHance (gadobenate dimeglumine) injection
Nicorette (nicotine polacrilex) 2 mg and 4mg gum [OTC]
Procardia (nifedipine) 10 mg Capsules
Procardia XL (nifedipine) 30 mg, 60 mg, and 90 mg Extended Release Capsules
Stimate (desmopressin acetate) 1.5 mg/mL nasal spray
Sustenna (paliperidone palmitate) Extended-Release Injectable Suspension for intramuscular use
Risperdal (risperidone) tablets, oral solution
Risperdal M-Tab (risperidone) orally disintegrating tablets
Risperdal Consta (risperidone) long-acting injection
Xenon Xe 133 Gas, 10 and 20 mCi, septum sealed glass vial
Zofran (ondansetron hydrochloride) injection and premixed injection
Zofran (ondansetron hydrochloride) tablets, oral solution, and orally disintegrating tablets

More Lettuce Recalls

Last month, concerns of tainted Romaine lettuce prompted a large recall...this month, Iceburg is the culprit. Listeria monocytogenes continues to be the reason for multiple recalls regarding lettuce.

A random routine sample test of Giant Eagle Farmer's Market shredded Iceberg Lettuce revealed the presences of listeria. The lettuce in question, produced by River Ranch Fresh Foods, is the 8-ounce package of Shredded Iceberg Lettuce, and is imprinted with a use-by date of Oct. 14, 2011.

The shredded iceberg lettuce was additionall used in a small number of prepared deli ring sandwiches. The affected sandwiches include:

• Giant Eagle Large Italian Sandwich Ring (UPC 23755100000)
• Giant Eagle Mini Italian Sandwich Ring (UPC 24755500000)
• Giant Eagle Large New York Sandwich Ring (UPC 22755100000)
• Giant Eagle Mini New York Sandwich Ring (UPC 25755500000)
• Giant Eagle Large All America Sandwich Ring (UPC 21755100000)
• Giant Eagle Mini All American Sandwich Ring (UPC 26755500000)

For all the concern that the tainted lettuce has brought, I have managed to find a silver lining. I finally see a reason for the bonus card key tags. I have always thought that it's ridiculous for stores to require you to be a "loyal shopper" and carry a bonus card, as opposed to offering the reduction to ALL customers, "loyal" or not. But in this case, the cards take on a second meanting. Giant Eagle uses loyalty card purchase history data, to contact customers who may be affected by food recalls. I bought a Lean Cuisine Dinnertime Entree recently from my local grocery store, one that was just the subject of a recall. I didn't receive a call from anybody concerned about my health. Perhaps all stores should take Giant Eagle's lead, and contact customers. It just seems like the right thing to do.

To date, there are no reported cases of customer illness due to consumption of this item.

• Listeria: 7 Key Questions Answered

Ground Beef Recall

Ground beef recalls continue this week, as hundreds of thousands of pounds of ground beef have been recalled since last month, due to concerns of E. coli (Escherichia coli) contamination.

This week, over 377,000 pounds of ground beef was recalled from California and Nevada restaurants. Commercial Meat Co., based in Los Angeles, distributed the now recalled ground beef, which was discovered to have tested positive test for E. coli by the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) during a routine test.

The following ground beef products are subject to recall:

• 5,10,15,20,30,40,50 and 60 lb. cases of bulk ground beef
• 5,10 and 20 lb. cases of ground beef patties
• 10,15,20,30,40 and 50 lb. cases of ground beef taco
• 5,10,15,20,25,30,40,50 and 60 lb. cases of ground beef chili

Each case bears a label with the establishment number "EST. 4873" inside the USDA mark of inspection. The products subject to recall were produced between Sept. 7, 2011 and Oct. 6, 2011, and were shipped to restaurants in California and Nevada.

Though there have been no reports of illness associated with this week's recall, Fresco Food Distribution's owner, Al Lemoi, comments that a recall of this magnitude for this company, "could be catastrophic, but for the industry it's a small insignificant amount." Ground beef is particularly susceptible to contamination. Mr. Lemoi explained that E. coli is topical, but because ground beef is grinded, bacteria can easily spread across the entire food product.

Continue reading " More Ground Beef Recalls " »

Kroger Ice Cream Recall

Kroger Co., the nation's largest grocery store operator, is recalling a specific lot of "Extreme Moose Tracks" ice cream sold in 10 states, as it may contain peanuts not mentioned on the label.

The recall involves only their 16-ounce pints of the product, ones that list a sell-by date of June 18, 2012, and contain the UPC code 11110 52909.

The ice cream was sold at Kroger stores in Alabama, Georgia, Illinois, Indiana, Kentucky, Michigan, Missouri, Ohio, South Carolina and Tennessee, as well as the company's Jay C, Food 4 Less, Owen's, Pay Less and Scott's stores in Illinois and Indiana. Kroger says shoppers should return the product to supermarkets for a refund or replacement. If 1% of the people who bought the ice cream do this, I would be shocked. It is like a "can I help?" when you know the person you are asking is going to say no. Still, the offer is the right thing to do, of course. (If they didn't, I would be complaining about that, too, so I realize they can't win. Then again, don't put peanuts in your product without telling us and you won't be in the situation in the first place.)

Last month, an E. coli outbreak prompted a ground beef recall by Tyson Fresh Meats, which involved certain Kroger-brand ground beef.

NOW Foods is voluntarily recalling selected lots of its Brewer’s Yeast Tablets due to the presence of an undeclared milk alergen. People who have an allergy or severe sensitivity to milk run the risk of a serious or life-threatening allergic reaction if they consume these products, and should stop taking them immediately. The presence of a milk allergen was discovered during an FDA inspection of NOW’s supplier of Brewer’s Yeast tablets, and was confirmed through allergen testing by NOW. No illnesses or adverse events have been reported to date.

The recall covers Brewer’s Yeast tablets, 10 grain, 650 mg, in bottle sizes:

• 200 tablets - product code 2410
• 500 tablets - product code 2412

These products were distributed throughout the United States and other countries. The affected U.S. lot numbers for product 2410 are:

• 1334119
• 1354098
• 1362375

The affected U.S. lot numbers for product 2412 are:

• 1347607
• 1334773
• 1358774

The product code is located on the label and the lot number is located on the bottom of the package. These lots were produced between March and June 2011.

All other NOW Foods products, including Brewer’s Yeast product code 2420, are not affected and are not involved in this recall.

Lean Cuisine Chicken Fettuccini Recall

Nestlé will recall one of my favorites, LEAN CUISINE® Dinnertime Selects™ Chicken Fettuccini. A small quantity, less than 200 packages, was inadvertently packaged with the product, Lemon Garlic Shrimp. The affected product is marked with a production code of 1253595911G and has a “best before” date of October 2012. It is believed that the incorrectly packaged product was shipped to grocers in Alaska, Florida, Idaho, Oregon and Washington State.

No illnesses or allergic reactions have been reported, but in an abundance of caution, Nestlé recalled of an entire hour code of production to ensure the safety of consumers. Because the mislabeled product contains shrimp, an allergen, Nestlé is strongly advising consumers who are allergic to shellfish and who have purchased the recalled product not to consume it to avoid the possibility of a serious or life-threatening allergic reaction. Nestlé was alerted to this issue by four consumers who purchased the mislabeled product.

Consumers may contact Nestlé for a full refund by calling Consumer Services directly at 1-800-542-6935.

The Recall of Almost a Half Million Strollers

The U.S. Consumer Product Safety Commission (CPSC) and B.O.B. Trailers, Inc. has announced a voluntary recall of B.O.B. single and double strollers, as the canopy drawstring can pose a strangulation hazard.

Approximately 438,700 strollers in the United States and Canada have been recalled, as well as a previous recall of 357,000 units in February 2011, due to the strangulation hazard.

There have been six reported incidents of children mouthing the detached patch, with gagging and choking having been reported in two of the incidents. In each of the reported incidents, the children were seated in an infant car seat attached to the stroller.

This recall involves all B.O.B. strollers manufactured between November 1998 and November 2010. Strollers manufactured after October 2006 have a white label affixed to the back of the stroller's leg with the manufacturing date. Strollers with no manufacturing date listed were produced prior to October 2006, and are included in this recall. The strollers were sold in single seat and double-seat models. The BOB®, Ironman® or Stroller Strides® brand name is embroidered on the canopy of the strollers. The affected strollers were sold nationwide at REI, Babies R' Us and other children's product and sporting goods stores, as well as Amazon.com. These strollers were sold between November 1998 and October 2011, and retailed between $280 and $600.

Consumers are instructed to immediately stop using the recalled strollers until they have removed the embroidery backing patch from the interior of the canopy's logo.

Another recall announced today are pool pump motors, manufactured by Nidec Motor Corporation. The product affected by this recall is the Ecotech EZ® Variable Speed pool pump motors, as they are not properly grounded, and pose a potential electrical shock hazard.

Continue reading " Recalls - Jogging Strollers, Pool Pumps & PatioGlo Bio-Fuel Gel " »

Sony's reputation is taking a hit with recent recalls

Sony Corp. will recall 1.6 million Bravia flat-panel TVs after learning that a faulty component on these Sony televisions may cause them to melt and/or catch fire.

There have been eleven incidents of melting or fire reported to Sony. None have caused injury. Sony did not indicate whether they have any reports of significant property damage.

What is the problem with these televisions? It appears that a faulty component in the backlight systems may cause overheating, melting the top of the television.

Sony is struggling with a lot of recalls. Most are not the type of things that are on the radar of a product liability lawyer, they are mostly just defective products that don't work or don't work as they should.

The company also recalled 535,000 Vaio computers because of concerns of overheating from a temperature control defect.

Continue reading " Sony TV Recall: 1.6 Million May Catch Fire " »

GM will recall approximately 5,800 2011–12 Chevrolet Corvette coupes. Apparently, the rear hatch on this sports car may fly off in a car accident. GM says the rear hinges on the Corvette were not strong enough to meet the federal safety standard for door locks and door-retention components. Specifically, the loose hatch increases the risk of an unbelted occupant being thrown from a vehicle during a crash.

GM says it uncovered this defect in these new Corvettes after a supplier was testing the product in Europe. Did they sneak by the Americans without notice? Anyway, GM's investigation found the defective hinges all came from a single roll of heat-treated steel.

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In August of this year, CooperVision, very quietly, issued a voluntary recall of a "limited lot" of their Avaira Toric contact lenses. According to their website announcement, "...a small number of unexpected wearer reports of hazy vision and discomfort. The wearer symptoms were temporary in many cases." Now, with growing reports of eye problems, federal health officials are threatening to issue a public warning about the recalled lenses.

The lenses, manufactured by CooperVision Inc. and sold at stores such as Costco, Wal-Mart, and LensCrafters, have led to complaints ranging from blurry vision, all the way to agonizing pain requiring emergency room visits in some cases. Approximately one dozen customers have come forward so far to report their concerns... and their pain.

On Virginia man said his 15-year-old daughter was in so much pain after wearing her Avaira Torics—from a newly opened box he purchased at Wal-Mart—she was rushed to the hospital.“ I noticed what first looked like a torn piece of contact on her eye…. " The girl was diagnosed with a severe corneal tear and was treated with pain and antibiotic medications; her parents only learned of the recall after the girl suffered eye injury.

Continue reading " CooperVision Recall a Bit Hazy? " »

Researchers have uncovered a link between breast cancer treatment and type 2 diabetes. According to a study conducted by The University of Toronto, it has been discovered that therapy with the drug Tamoxifen has been linked to a significant increase in the development of diabetes in older survivors of breast cancer.

Tamoxifen, an oral medication used in women with breast cancer, is one of the most widely prescribed drugs to prevent a recurrence in women who have been treated for the condition. Tamoxifen disrupts the female body’s production of estrogen, which is known to promote breast cancer in women. Research now suggests that the drug may contribute to an increased risk of developing type 2 diabetes. Researchers state that no one taking Tamoxifen should discontinue their use of the medication, but they and their doctors should be aware of the association.

For the study, the researchers examined the medical records of 14,360 women over the age of 65 who had been diagnosed with early-stage breast cancer, and had survived. The results, which were published in the journal "Cancer", showed that Tamoxifen patients are 25 percent more likely to develop type 2 diabetes.

Tamoxifen therapy is known to be associated with several serious side effects, including strokes, blood clots, uterine cancer, and cataracts. It is also thought to cause symptoms similar to menopause such as hot flashes, irregular menstrual periods, headaches, nausea, and fatigue. Though Tamoxifen therapy does cause blood clots or stroke in a small number of women, the chances of developing such complications are similar to those associated with estrogen replacement therapy.

Tamoxifen unquestionably has it upsides. Tamoxifen therapy improves bone health, by inhibiting osteoclasts and preventing osteoporosis. The question for Tamoxifen users is simple. They have enough health problems as it is. So they want to understand the risk of Tamoxifen and the extent of that risk. With this information, patients and their doctors can choose what medication is best for them.

The Federal Drug Administration (FDA) Safety Information and Adverse Event Reporting Program is reporting a new concern with the drug, Sprycel (dasatinib). The FDA is notifying healthcare professionals that Sprycel may increase the risk of a rare but serious condition in which there is abnormally high blood pressure in the arteries of the lungs (pulmonary arterial hypertension [PAH]). Symptoms of PAH may include shortness of breath, fatigue, and swelling of the body in areas such as the ankles and legs.

According to the reported cases, patients developed PAH after starting Sprycel, including after more than one year of treatment. Information about this risk has been added to the Warnings and Precautions section of the Sprycel drug label.

Sprycel (dasatinib) is being used to treat certain adult patients with Philadelphia chromosome-positive chronic myeloid leukemia (CML) or acute lymphoblastic leukemia (ALL).

The FDA is recommending that healthcare professionals evaluate patients for signs and symptoms of underlying cardiopulmonary disease PRIOR to starting Sprycel, and also during treatment. If PAH is confirmed, Sprycel should be permanently discontinued.

There is a recall for BUSA children's folding tents, according to the U.S. Consumer Product Safety Commission and Health Canada. There are about 58,000 folding tents - 51,000 in the United States - involved in the recall.

This recall involves a cube-shaped children’s folding tent with model number 90192009. The brand name BUSA and IKEA, where the tents were exclusively sold, apparently. The model number are printed on a sewn-in label attached to an interior seam in the folding tent. The tent frame is made of flat steel wire and the tent material is pale green polyester fabric with turquoise, pink and white trim.

The problem with these Vietnamese made folding tents is that the steel wire frame of the tent can break, producing sharp wire ends that can protrude through the tent fabric, posing a laceration or puncture hazard.

No injuries have been reported. I'm not sure what brought this defect to IKEA's or the USCP's attention.

• IKEA Coffee Maker Recall
• IKEA Crib Recall
• More on the Tent Recall

More recalls this week of note:

Flowers Foods is voluntarily recalling the following Mrs. Freshley’s multipack cereal bars, as they may contain undeclared non-fat dry milk:

• Mrs. Freshley’s Canadian Label Apple Cinnamon Fruit & Pastry Cereal Bars, UPC 072250002400
• Mrs. Freshley’s Canadian Label Blueberry Fruit and Pastry Cereal Bars, UPC 072250002387
• Mrs. Freshley’s Canadian Label Strawberry Fruit and Pastry Cereal Bars, UPC 072250002363

• In Canada: To food and convenience stores in Quebec and Ontario provinces
• In U.S: To discount stores nationwide in the dual-language (French/English) multipack carton

People who have allergies to dairy products run the risk of serious or life-threatening allergic reaction if they consume these products. The recall was initiated after Flowers discovered that product containing non-fat dry milk was distributed in packaging that did not reveal the presence of milk, and that product labeled for sale and distribution in Canada was sold for distribution in the U.S.

Another recall this week involving undeclared milk is Prolab Nutrition. Prolab is recalling some of its protein items as they too, may contain undeclared milk, as well as possible undeclared heat and gluten allergens. People with an allergy or severe sensitivity to milk and/or wheat and gluten allergens may run the risk of a serious or life-threatening allergic reaction if they consume products containing these allergens. Although no illness have been reported, Prolab is recalling the following:

Item Description: EAN/UPC - Contains Undeclared MILK and WHEAT/GLUTEN

• PROLAB® Pure Whey3, Milk Chocolate, 5 lb. (V3) 750902201929
• PROLAB® Pure Whey, Vanilla Créme, 2 lb. (V3) 750902201875
• PROLAB® Pure Whey, Wild Strawberry, 5 lb. (V3) 750902201936
• PROLAB® Pure Whey, Wild Strawberry, 2 lb. (V3) 750902101557

Contains Undeclared WHEAT/GLUTEN

• PROLAB® Advanced Pure Whey Protein4, Milk Chocolate, 2 lb. (V3)750902201301
• PROLAB® Advanced Pure Whey Protein, Vanilla Créme, 2 lb. (V3) 750902201349
• PROLAB® Advanced Pure Whey Protein, Wild Strawberry, 2 lb. (V3) 750902201271
• PROLAB® Pure Whey5, Milk Chocolate, 2 lb. (V3)
• PROLAB® Pure Whey, Milk Chocolate, 16 g Sample Packet 750902201882
• PROLAB® Pure Whey, Vanilla Créme, 5 lb. (V3)
• PROLAB® Pure Whey, Vanilla Créme, 16 g Sample Packet 750902201912
• PROLAB® Pure Whey, Wild Strawberry, 16 g Sample Packet
• PROLAB® Whey Isolate Protein6, Milk Chocolate, 2 lb. (V3) 750902201851
• PROLAB® Whey Isolate Protein, Vanilla Créme, 2 lb. (V3)50902201813
• PROLAB® Whey Isolate Protein, Wild Strawberry, 2 lb. (V3) 750902201837

Continue reading " Recalled Protein Products, Cereal Bars, and Soy Flour " »

More recalls are reported today, as Fresh Up, Inc. recalls approximately 4,800 individual packages of fresh cut cantaloupe and cut mixed fruit containing cantaloupe. As has been the case since August, the recalled product has the potential to be contaminated with listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.

The fresh cut fruit subject to this recall was sold between August 31, 2011 and September 11, 2011, and consisted of the following products: Cantaloupe Chunks, Cantaloupe Slices, Gourmet Fruit Salad, Small Fruit Salad, Small and Large Fruit Salad with Pineapple, Fruit Salad with Kiwi, and Fruit Trays. The packaging has "best-if-used-by" dates ranging from September 4th through September 11th.

It is important to note that no illnesses have been reported to date in connection with the cantaloupe processed by Fruit Fresh Up, but they are recalling these products in an abundance of caution. The reports of illnesses, stemming from cantaloupes sold by Jensen Farms, continue to rise. As of Wednesday, October 5th, there were a total of 96 illnesses, including 18 deaths. Jenson Farms has ceased production and distribution of the product while the FDA and the company continue their investigations as to what caused the problem.

Superior Metabolic Technologies, Inc. is voluntarily recalling all lots of the testosterone booster Uprizing 2.0, as tests have shown that the product appears to contain superdrol. Superdrol is a synthetic steroid, making it an unapproved new drug. The FDA informed Superior Metabolic Technologies that Uprizing 2.0 contains superdrol, which is banned by the FDA, leading to the recall of the product.

Use of synthetic anabolic steroids has been known to lead. Additionally, use of synthetic anabolic steroids may cause other serious long-term adverse health consequences in men, women, and children. Side affects include shrinkage of the testes and male infertility, masculinization of women, breast enlargement in males, short stature in children, a higher prediction to misuse other drugs and alcohol, adverse effects on blood lipid levels, and increased risk of heart attack, stroke, and death.

Uprizing 2.0 comes in a black plastic bottle with a black, red, and silver label and contains 90 capsules. The SMT logo is center top on the bottle. Uprizing 2.0 was distributed through retail health food stores in Alabama, Arizona, California, Georgia, Mississippi, New Jersey, South Carolina, and Texas.

The U.S. Consumer Product Safety Commission (CPSC) and Ballard Designs have issued an immediate recall of "Stafford" step stools. It has been reported that the plastic tabs on the feet of the step stools can cause the stools to be unstable, posing a fall hazard. To date, there have been two reports of falls, with minor injuries.

This recall affects the "Stafford" step stools, ones that are made of wood and painted black or white. The stools, made in China, have a "Ballard Designs" sticker on the bottom. Also printed on the underside bottom of the step stools is one of the following five numbers:

• 100097963
• 100099019
• 100097230
• 100100584
• 100102942

All recalled stools also have four plastic tabs affixed to the feet of the step stool. Consumers should immediately remove the four plastic tabs from the feet of their step stools.

A few months ago, we told you of two recalls, affecting almost 550,000 step stools. These stools, while sold in Target stores, were made in China as well. This recall affects approximately 2,500 stools, the last, over 550,000. That's a WHOLE LOT of stools that can't be stood on which, arguably, is the purpose of a stool in the first place.

Stating the obvious, multiple fracture personal injury claims tend to be serious cases. Jury Verdict Research did a study looking at multiple fracture cases

• Premises Liability: 17%
• Pedestrian Accidents: 15%
• Business Negligence: 10%
• Motorcycle Accidents: 10%
• Government Negligence: 8%
• Head on Collisions: 8%
• Passenger Suits: 8%
• Truck Accident: 8%
• Other Liability: 16%

What is the take home message? I guess it is that there are a lot of different ways to be very seriously injured. By the way, this data is almost 10 years old. But I doubt much has changed in terms of how these accidents happen.

This Maryland Accident Lawyer blog post provides a sample cross examination of an expert that provides a good example of what you do with IME doctors that have a history of testifying for insurance companies.

Kraft Foods has voluntarily recalled 137,000 Velveeta Shells and Cheese Microwaveable Cups, as they may contain small, thin wire bristle pieces. There affected products vary.

There have been no reports of injury, but Kraft has made the recall in an abundance of caution.
Customers should return the products to the store of purchase for an exchange or full refund.

Kraft has found themselves in litigation in the recent past...though not always for recalled food products. In 2007, Kraft ran into problems associated with misrepresentation. In response to lawsuits, Kraft agreed to change the labeling on its guacamole dip to “guacamole flavor” after it was revealed that the guacamole "dip" contained less than 2% avocado. They were also forced to remove the “all natural” tag from their Capri Sun product as it was found to contain "not so natural" ingredients such as high-fructose corn syrup.

Prior to this, in 2006, lawsuits against Kraft were dismissed after Kraft changed its formula for Crystal Light Sunrise Orange and Kool-Aid Jammers. Lawsuits had been filed alleging soft drinks made by Kraft Foods may contain the cancer causing chemical, benzene. We are not handling these cases and cannot speak to the merits of the lawsuits.

The CPSC wants to underscore to all ol of us the hazzards of falling furniture, a problem few Americans spend much time worrying about. To do so, it relives a haunting tragedy of an 11 month old infant who died died while watching TV with his father. The child's older (2 years-old) brother bumped into the furniture holding the TV and the TV fell onto the baby's head and abdomen. In another tragic case, a little three year-old girl died from falling furniture in the garage last month.

Between 8,000 and 10,000 people are injured each year. During the first decade of this century, the CPSC received reports of 245 tip-over-related deaths involving children 8 years old and younger. It is an incredible statistic. Imagine 245 dead kids over something you probably have never given two thoughts. Crazy. More than 90 percent of the incidents involved children 5 years old and younger. In more than half of the 245 fatalities (56%), the child was crushed by the weight of the television, furniture, or appliance. The majority of the fatalities are from falling televisions and two-thirds of fatal injuries are, not suprisingly, to the head.

The solution is simple: inspect and anchor furniture and TVs now, in order to protect young children from a preventable tragedy.