Accident and Injury Lawyer Blog

A federal judge in Colorado issued an opinion protecting the integrity of the Collateral Source Rule in Colorado, finding that a personal injury victims' Medicare lien is inadmissible at trial in a police brutality case.

• Origin of the Collateral Source Rule in Maryland
• Lost Wages and the Maryland Collateral Source Rule
• Collateral Source in Minnesota (A rule that differs from Maryland)
• Collateral Source Rule Under Attack in Indiana

Ocean Spray has announced that it is expanded the recall of certain production lots of its Original Flavor Craisins, Dried Cranberries product in 5-ounce, 10-ounce and 48-ounce packages, and bulk sweetened dried cranberries in 10-pound packages. The recall was made after it was determined that there may be the possible presence of very small hair-like metal fragments, though they are saying that it is unlikely to cause consumer injury.

The additional five recalled lots were only shipped to retailers in the following eight western U.S. states: Arizona, California, Colorado, Montana, Nevada, New Mexico, Oregon, and Washington. The current affected lots are as follows:

• 5 oz Craisins: UPC: 00293-000
Best By Dates (ONLY THESE DATES FOLLOWED BY THE LETTER “M” ARE AFFECTED): Oct 27 2012 M and Oct 28 2012 M
• 10 oz Craisins: UPC: 29456-000 and 29464-000
Best By Dates (ONLY THESE DATES FOLLOWED BY THE LETTER “M” ARE AFFECTED): Oct 27 2012 M; Oct 28 2012 M; Oct 29 2012 M; Oct 30, 2012 M
• 48 oz Craisins UPC: 00678-318
Best By Dates (ONLY THESE DATES FOLLOWED BY THE LETTER “M” ARE AFFECTED): Oct 27 2012 M; Oct 28 2012 M ; Oct 29 2012; Nov 3 2012 M; Nov 4 2012 M; Nov 5 2012 M; Nov 6 2012 M; Nov 7 2012 M; Nov 8 2012 M; Nov 10 2012 M; Nov 11 2012 M; Nov 12 2012 M
• 10 lb bulk ingredient & foodservice: UPC: 03477-000
Best By Dates (ONLY THESE DATES FOLLOWED BY THE LETTER “M” ARE AFFECTED): 30 Oct 2013 M; 31 Oct 2013 M; 1 Nov 2013 M; 5 Nov 2013 M

No illnesses or adverse effects have been reported regarding these products, and the company has received no customer complaints.

• Ocean Spray Recalls Craisins

Mars Food has recalled two date codes of Uncles Ben's Whole Grain White Rice Garden Vegetable, due to an undeclared milk allergen. People who have an allergy or severe sensitivity to milk run the risk of serious or life-threatening allergic reaction if they consume these products.

The recall, affecting ONLY the Whole Grain White Rice Garden Vegetable, affects the 4.7 oz. (133 g) boxes with the following:

• UPC code of 54800 40778
• Best before: 08/12
• Code dates: 133BA4RP06 and 133BB4RP06

An ingredient supplier improperly included an undeclared milk ingredient in the seasoning mix used for this product. As such, consumers with milk allergies are advised not to eat the product, and consumers should return the product to the store where it was purchased for a full refund.

This product was distributed through retail stores in Alabama, Arkansas, Arizona, California, Colorado, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Missouri, Mississippi, North Carolina, New Hampshire, New York, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Utah, Virginia, Vermont and Wisconsin.

Mars Food US has not received any reports of illness or other consumer complaints related to this matter. No other flavors of Uncle Ben's Whole Grain White Rice or any other Uncle Ben's products are affected.

What do you call 1,000 lawyers at the bottom of the sea - A good start. I’ve heard them all. Lawyers often get bad raps due to frivolous law suits that have been filed. Sadly, many of these suits have merit, but the facts get so distorted by groups attacking personal injury lawyers, that the public doesn’t have the opportunity to learn the actual facts of the case, and in turn, they don’t realize that the Plaintiff has a legitimate claim.

On the other hand, there are ridiculous suits that are filed pro se, in which the public automatically assumes that suit was filed by an attorney. The latest story making headlines, which has people calling for the disbarment of a lawyer, one that doesn’t exist, takes place in Kansas. The suit is being brought pro se, by a convicted criminal serving an 11-year sentence.

Continue reading "Man Sues Couple He Kidnapped" »

Ready Pac Foods is recalling a total of 5,379 cases of bagged salad products containing Romaine lettuce, as it has been determined that they may be contaminated with E. coli (E.coli O157:H7).

All bags are marked with the "Best if Used By" date of November 18. The following items have been recalled:

• 10oz. Ready Pac Caesar Romaine 0-77745-00202-6
• 9.25oz Ready Pac Santa Fe Caesar Complete Salad 0-77745-21404-7
• 10oz. Ready Pac Classic Caesar Complete Salad 0-77745-20566-3
• 10oz. Ready Pac Bella Romaine 0-77745-21407-8
• 10oz. Dining In Classic Caesar Salad Kit 0-11225-02530-3
• 10oz. Raley’s Caesar Romaine 0-46567-71642-8
• 10oz. Trader Joe’s Romaine Salad 0013-2145
• 16oz. Trader Joe’s Very American Salad 0020-7225
• 10oz. Safeway Farms Caesar Romaine 0-21130-98350-6
• 9oz. Safeway Farms Hearts of Romaine 0-21130-98358-2
• 10oz. Safeway Farms Complete Caesar Supreme 0-21130-33677-7
• 10.25oz Safeway Farms Complete Southwestern Ranch 0-21130-33679-1

The recall extends only to the listed products with this Use-by Date and sold in the following states: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, South Dakota, Texas, Washington, and Wyoming. No other Ready Pac Foods, Inc. products are included in the recall.

The J.M. Smucker Company has announced a limited recall on 16 oz. Smucker’s Natural Peanut Butter Chunky, as it has been determined that it may be contaminated with Salmonella. Salmonella is an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.

The affected Peanut Butter is packaged in 16oz jars, and is marked as follows:

• UPC: 5150001701 (located on the side of the jar's label below the bar code)
• Production Codes: 1307004 and 1308004
• Best-If-Used-By dates: August 3, 2012 and August 4, 2012
• Chunky product only (not creamy)
• Impacted product would have been purchased between November 8 - 17, 2011

This product was distributed in: Arkansas, Colorado, Delaware, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Texas, Virginia, Wisconsin, and the District of Columbia.

No other products of The J.M. Smucker Company are affected by this recall.

United Natural Foods (UNFI) is recalling selected types of FoodMatch, Inc. Divina Stuffed Olives, as they have the potential to be contaminated with Clostridium botulinum, a bacterium which can cause life-threatening illness or death. These items have been recalled due to a lack of temperature control during the distribution process. UNFI inadvertently subjected the recall items to temperature ranges above those directed by the manufacturer.

The following products have been recalled:

• DIVINA 4 OZ OLIVES,FETA CHEESE STUFFED (blue and yellow label) UPC 63172352780
• DIVINA 4 OZ OLIVES,BLUE CHEESE STUFFED (blue label) UPC 63172352790

Divina Olives Stuffed with Feta Cheese were distributed to the Safeway stores identified below:

• #0583 1606 N Ave, Spearfish, South Dakota
• #1577 6520 S Academy Road, Colorado Springs, Colorado
• # 1615 3325 28th Street, Boulder, Colorado
• # 1644 7655 Mclaughlin Rd, Falcon, Colorado
• # 2761 1165 Main St, Lander, Wyoming
• # 2792 27152 Main St, Conifer, Colorado
• # 2910 1632 Hover Road, Longmont, Colorado
• # 0853 7625 Old Georgetown Road, Bethesda, Maryland
• # 0942 12 West Washington St, Middleburg, Virginia
• # 1283 8646 Richmond Highway, Alexandria, Virginia
• # 1606 9596 Old Keene Mill Rd, Burke, Virginia
• # 1668 5510 Norbeck Road, Rockville, Maryland
• # 1956 14939 Shady Grove Road, Rockville, Maryland
• # 2650 43150 Broadlands Plaza, Ashburn, Virginia
• # 4002 5727 Burke Center, Burke, Virginia
• # 4205 415 14th Street SE, Washington, D.C.

Date codes Best Used By: 11 JAN 2012 and Best Used By: 1 FEB 2012 sold at other retail outlets have not been affected because the products were not exposed to a lack of refrigeration controls.

Divina Olives Stuffed with Blue Cheese were distributed to the following states: Alaska, Washington, Oregon, California, Arizona, Nevada, South Dakota, Colorado, Wyoming, Maryland, Pennsylvania, Virginia, and Washington DC through the following retail stores:

• Genuardis
• Carrs
• Safeway
• Pavilion
• Vons

Best Used By: 11 JAN 2012, Best Used By: 15 DEC 2011, Best Used By: 30 DEC 2011, Best Used By: 1 FEB 2012

These date codes sold at other retail outlets have not been affected because the products were not exposed to a lack of refrigeration controls.

No illnesses have been reported to date.

• Recall on Stuffed Bio Gaudiano Brand Organic Olives

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

If you live in Maryland, New York, Pennsylvania, California, or Colorado, you Bologna's first name is R-E-C-A-L-L. Yesterday, a recall was issued for 23,000 pounds of Lebanon bologna products may be contaminated with E. coli O157:H7, a potentially deadly bacterium that can cause serious health consequence for all of us, most notably the very young and very old.

Each package of Bologna was made in December and has a label with establishment number “EST. 474” inside the USDA mark of inspection. You can get the details here.

Look out for:

• Whole chub packages of “SELTZER’S BEEF LEBANON BOLOGNA” with lot codes “01351” or “06337” and best-by date of “Feb. 14 2011,” “Feb. 15 2011,” “Feb. 16 2011,” or “Feb. 28 2011” printed on the package.
• Half chub packages of “SELTZER’S BEEF LEBANON BOLOGNA” with lot codes “01351” or “06337” and best-by date of “Apr. 6 2011,” “Apr. 7 2011,” “Apr. 16 2011,” or “Apr. 19 2011,” printed on the package.
• 12-pound bulk boxes of sliced “SELTZER’S BEEF LEBANON BOLOGNA” with lot code “01351” and best-by date of “Apr. 21 2011” printed on the package.

Lebanon bologna is a semi-dry sausage that looks like salami. So check out what you think is your salami too.

The average jury verdict in car, truck and motorcycle accident cases in Colorado is $207,687 according to a recent Jury Verdict Research study. This report also found that only 50% of vehicle accident cases in Colorado lead to plaintiff verdicts and the median verdict when the plaintiff does prevail is $44,050.

Not surprisingly, half of the vehicle accident cases in the study were either rear-end car crashes or intersection collisions.

In a completely unrelated story, there was a $15 million verdict in favor of a truck driver in a slip and fall lawsuit against Wal-Mart in Colorado earlier this month.

Mauri brand Gorgonzola cheese sold by Costco in Colorado is being recalled because potentially deadly E. coli bacteria has been found in the product. DPI Specialty Foods in Oregon reports that the recalled cheese has sell-by dates of January 13-14, 2011.

It seems to be a big month already for E.coli and salmonella.

An Oatmeal recall is not something anyone would expect. But here we are. There is an oatmeal recall for some oatmeal products made with instant nonfat dried milk, whey protein, fruit stabilizers, and gums (thickening agents) manufactured by Plainview Milk Products Cooperative. The fear is that these recallled oatmeal products might be contaminated with salmonella.

In addition to Malt-O-Meal Hearty Traditions Maple & Brown Sugar Instant Oatmeal and other brands of instant oatmeal, other recall oatmeal products include some brands of non-fat dried milk powder, other drink mix products, and butter flavored toppings from Kroger. If you have any of these recalled products, get rid of them.

They oatmeal at issue comes in 13.8-ounce boxes with 10 instant oatmeal packets. It was distributed in stores in Alaska, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, and Wyoming.

Our lawyers are not handling oatmeal recall cases. Although obviously it is early, our lawyers do not think a lot of lawsuits are going to come out of this oatmeal recall.

Drug Recall Lawyer Blog (discussion of issues related to various recalls and drugs and medical devices under suspicion)

More details on the Oatmeal Recall

My two volume treatise Insurance Settlements is now available from James Publishing. The book discusses how to position a lawyer's car accident, truck accident, medical malpractice or product liability case to the best possible settlement at every step along the way (until the state's high court affirms the judgment).

Click on the James Publishing link. If you have any comments on the book, please email me at ronmiller@millerandzois.com under the subject "Insurance Settlements Comments."

Our lawyers are reviewing Byetta claims after the FDA announced this week that the diabetes drug has been linked to severe pancreatic problems in dozens of patients. On Monday, the FDA warned patients taking Byetta to discontinue use if they develop symptoms of the disorder. Further the FDA said that doctor prescribing Byetta should consider other prescription options for patients with a history of pancreas problems.

Since Byetta was introduced into the United States in 2005, more than 700,000 patients have used the Byetta.

Our lawyers are now exploring potential Byetta lawsuits. If you would like to discuss your case with a Byetta lawyer, call 800-553-8082 or click here for a free consulation/case evaluation (or even to answer any question you may have). For more information on Byetta and the concerns with Byetta, click here.

Last week, Digitek manufacturer Actavis Totowa recalled over 65 different drugs made at their New Jersey manufacturing plant. The list of recalled drugs (in some form or another) includes such generic drugs as Bellamine, Buspirone, Carisoprodol, Oxycodone Meperidine, and Rifampin. This strengthens the conclusion that the New Jersey plant that made these drugs may be the cause of irregularities in Actavis medications.

In April 2008, Actavis recalled Digitek, a drug prescribed to treat heart failure and irregular heartbeat because it was discovered that Digitek tablets appeared to have double the thickness – and likely double the active ingredient – listed on the label. When Digitek is given in abnormally high doses it can lead to digitalis toxicity which, paradoxically, worsens the problems Digitek is intended to treat, causing nausea or lower blood pressure and other side effects from the Digitek overdose that can lead to the increased risk of stroke or a heart attack.

If you would like to speak to a Digitek recall lawyer about a potential Digitek lawsuit, call 1-800-553-8000. For more information on the Digitek overdose recall or a free consultation on your potential Digitek case, click here.

Zimmer's Durom Cup hip implants are likely to be the subject of a good number of lawsuits from patients with the Zimmer implants. But they will not be the only ones. Apparently, Zimmer’s own shareholders may agree that Zimmer left its hip implant on the market way too long. Last week, shareholders of Zimmer stock filed a class action in Indiana. Interestingly, the lawsuit seeks damages for shareholders who purchased stock between January 28, 2008 and July 21, 2008. This tells our Zimmer hip implant recall lawyers that these shareholders believe that Zimmer knew or should have known and issued a recall on or before January 28, 2008.

If your Zimmer Durom hip resurfacing cup was defective, call our Zimmer hip implant lawyers at 1-800-553-8082 or click here for a free consultation.

More information on the Zimmer Hip Implant Recall
History of the Zimmer Durom Cup Hip Implant Recall
More information on the Zimmer hip implant recall lawsuits

Jury Verdict Research(r) study reports that rotator cuff injuries reached a 7-year high in 2006 with a compensatory award median of $72,667. This is almost 50% higher than previous reported settlements and verdicts in rotator cuff injury cases.

Our lawyers have never understood while the national data in these cases was so low. Washington D.C. rotator cuff injuries have averaged well over $100,000 for rotator cuff settlements and verdicts so we have never understood why the national average was as low as it has been. In any event, for whatever reason, rotator cuff verdicts are on the rise.

Our lawyers handle rotator cuff injury cases throughout the United States. Our lawyers have handled scores of rotator cuff injuries in car and truck accidents, typically in side collision or "T-bone" accidents. Our lawyers believe that insurance companies do not give fair value in most rotator cuff injury cases and our lawyers will fight to get you the financial compensation you deserve. Call a rotator cuff lawyer to protect you at 800-553-8082 or click here for a free consultation and case evaulation.

Related Posts

What Is the Value of Your Personal Injury Claim? (how the value of rotator cuff and other person injury settlements are calculated)

Sample Demand Letter (sample letter demanding settlement in a personal injury case)

Handling Your Claim Without a Lawyer (tips and pratfalls)

Lawyers representing Digitek overdose victims have filed nine lawsuits in New Jersey against Actavis Totowa LLL and its parent company Actavis Group, alleging a manufacturing defect in Digitek, namely that some Digitek tablets have contained twice the active ingredient of the drug. Digitek recall lawsuits have also been filed in West Virginia and California.

Our Digitek recall lawyers are reviewing these Digitek overdose cases in all 50 states expecting that a consolidated class action lawsuit will be appropriate (as opposed to this scatting of individual cases). If you want to discuss your case with one of our Digitek lawyers call us at 800-553-8082 for a free consultation or click here for a free Internet consultation.

The TortsProf Blog reports that state legislatures in Colorado and Oregon are considering increases to their caps on noneconomic damages. Colorado is currently debating a bill that would raise the cap on noneconomic damages in medical malpractice cases from a measly $300,000 to a less measly, but still ridiculously low, $450,000. The bill was voted out of committee on Monday and will now be sent to the Senate floor for debate. The details are here.

Oregon is wrestling with a last year’s Oregon Supreme Court ruling that caps on damages payable by the state was unconstitutional as applied. The task force has been set up in Oregon to study the issue of raising the cap on noneconomic damages.

In the history of caps on noneconomic damages, the door has swung only one way - toward adding caps or decreasing the amount of the cap. Hopefully, this news for the clients of personal injury lawyers, that the door will begin to swing in the other direction.

Welcome to our blog covering injury law and policy throughout the United States.