Accident and Injury Lawyer Blog

Johnson & Johnson has announced the recall of Aveeno Baby Calming Comfort Lotion. The recall only affects one lot that was shipped only to a few states.

The recall was initiated as a precautionary measure after testing indicated that the lot exceeded the specifications for common bacteria. Extensive testing has been performed since by an independent lab, and has not shown that specifications were exceeded; however, Johnson & Johnson Consumer Companies initiated the recall out of an abundance of caution.

The only affected lot is lot number: 0161LK with a UPC Code of: 38137-0036456. The recalled product was shipped to Alabama, Arkansas, Florida, Georgia, Kansas, Louisiana, Mississippi, Tennessee and Texas.

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" »

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.

Kimberly-Clark has announced a product recall of a limited number of its Kotex Natural Balance Security Unscented Tampons, as there are related health concerns.

The recall is limited to Kotex Unscented, Regular Absorbency tampons, and includes the 18 count and 36 count only, with the following product SKU numbers:

• 15063 (18 count)
• 15068 (36 count)

The Product SKU numbers are the last five digits of the product’s barcode and can be found on the bottom of the package.

The tampons were manufactured with a raw material contaminated with a bacterium, Enterobacter sakazakii, which may cause health risks, including vaginal infections, urinary tract infections (UTIs), pelvic inflammatory disease or infections that can be life-threatening. Women with serious existing illnesses, cancer or immune-compromised conditions, such as HIV, are at increased risk. There is limited evidence of transfer between individuals with this bacterium.

The tampons affected were shipped to retail customers between October 29, 2011 and November 2, 2011 in specific Wal-Mart stores in Iowa, Kansas, Missouri, Nebraska, New Mexico and Texas; specific Fry’s stores in Arizona; and specific Smith’s stores in Utah and Arizona. Not all stores in these states were impacted. All impacted stores have been alerted to remove the recalled product SKUs from shelves. A listing of stores impacted and the latest information can also be found on the Kimberly-Clark website and the Kotex brand website.

Consumers should contact a physician immediately if they have used the recalled tampons and experience unusual vaginal discharge, rash, fever, headache, vomiting or abdominal pains, particularly if they are HIV positive, have AIDS, cancer, an existing serious illness or may be pregnant.

Wells Enterprises is voluntarily recalling a limited number of packages of its Blue Bunny® Personals® ice cream, due to a mispackaging incident.

On a limited number of packages, the lid indicates the product as Blue Bunny Super Chunky Cookie Dough ice cream, while the carton itself indicates the product as Blue Bunny Peanut Butter Panic ice cream. The product contained in the is Super Chunky Cookie Dough. The ingredient statement on the carton does not declare wheat, which is an ingredient in the Super Chunky Cookie Dough product. People who have an allergy or severe sensitivity to wheat and/or have gluten sensitivities may be at risk from consuming these products.

The mispackaged Blue Bunny ice cream was distributed in 5.5 fl oz. The cartons affected are indicated by Lot Number 10009 “Best Used By” date 10/1/2012, - UPC 0 70640 00463. The lot number and UPC can be found printed on the side of the carton.

The affected product was shipped to the following states: Kansas, Minnesota, Mississippi, Missouri, Iowa, Oklahoma, Nebraska, North Dakota, Tennessee, Florida, Wisconsin, Oregon, Pennsylvania, Indiana, Massachusetts, and Texas.

Wells Enterprises became aware of the packaging error after receiving a report from a store that the lid and cup were for different products. The allergy alert and recall relates only to the above mentioned mispackaged Blue Bunny ice cream. No other Blue Bunny ice cream products are affected.

Blackman Industries will recall all PrimeTime brand 2 ct. and 5 ct. Premium Pig Ears and all KC Beefhide brand 20 ct. Premium Pig Ears because they have the potential to be contaminated with Salmonella.

Why do you care? It is just animals, right. Well, setting aside the fact that asking this question would make you a jerk, Salmonella can affect not only animals eating these pig ears, but there is also humans handling anything containing these pig ears or anything containing Salmonella.

These pig ears were sold in Kansas, Missouri, Iowa, Nebraska and South Dakota. The FDA breaks it down for you here.

A federal court in Georgia ruled that Rule 53 of the Federal Rules of Criminal Procedure prohibits “tweeting” from the courtroom.

The court basically found that Federal Rule 53 that prohibits photographs prohibits tweeting. Earlier this year, a Kansas court went the other way on this, ruling that a reporter could tweet a racketeering trial.

Personally, I this the call in Kansas was a better one. At some point, we all need to face - like it or not - this is 2009.

A federal jury in Kansas jury awarded $23.5 million to a man who was severely injured in a truck accident in New Mexico on Route 54 near Tucumcari with a truck driver who tested positive for methamphetamine. Jurors found that the driver for Swift Transportation was 65% responsible for the accident that left Plaintiff with major spinal cord injuries. U.S. District Judge Monti Belot subsequently reduced the actual award consistent with New Mexico comparative negligence law to nearly $15.3 million.

This was a very serious injury case - the defendant has $5 million in past and future medical bills. A big as this case was, it is not the biggest verdict the defendant Swift Transportation has taken in the even the last year. Last December, an Arizona jury awarded $36.5 million to the family of a man killed in a collision with another one of its trucks.

There is a story on the verdict in the Wichita Eagle.

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.

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