Accident and Injury Lawyer Blog

Steelcase Inc. is recalling the Amia desk chair as it has been discovered that the pivot pins installed in the control mechanism under the chair seat can fall out, posing a fall hazard to the user.

This recall affects the model 482 Series Steelcase Amia desk chairs that were manufactured in the United States between March 1, 2011 and June 6, 2011. The model number and manufacture date of the affected chairs are printed on a label on the underside of the chair seat.

Consumers should immediately stop using the chairs and contact Steelcase to receive adhesive covers to apply over the pivot pins on their chairs.

I don't know how many injuries there have been. I wish when the feds sent out these reports there was a comments section that said things like, "Maybe this recall was unnecessary, I don't know" or "Man, this thing is awful. It is going to kill people and I can't believe these idiots built this thing like this." Unrealistic, sure, but a lot more informative for readers.

• Family of 15 Year Old Drowning Victim Sues

  The family of a 15-year-old boy who drowned at a Michigan camp last summer has filed a wrongful-death lawsuit against the camp and several camp employees.

  According to the suit, the victim, along with other boys, was swimming after 10 p.m. in an area of the water that was not illuminated. A lifeguard lost sight of the boy, who had gone under. Unbelievably, he was underwater for almost 30 minutes before police and camp employees found him.

• New Claims in the Lawsuit Over Pregnant Inmate's Death

  Attorneys representing the estate of a pregnant woman, who died while in a Pennsylvania county jail, are asking for the judge to allow them to amend their complaint, adding new allegations to their lawsuit.
  
  The allegations here are sad. The 27 year old inmate died of pneumonia after being moved to a hospital from the jail. The amended complaint said that during December 2009, the woman’s cell block had "little or no heat" and inmates "could see their breath." It is alleged that the walls and ceiling were leaking water, and that there was a strong smell of sewage coming from her sink. It is further alleged that there was black mold growing on and around her toilet and wall. The conditions sound absolutely deplorable.

  On Friday, the Judge denied a motion by the county to dismiss the complaint, but has yet to rule on the request to amend.

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.

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.

The Minnesota Department of Agriculture (MDA) and the Minnesota Department of Health (MDH) are investigating illnesses that have affected at least six people, and are believed to be associated with a recent recall of organic shell eggs. The eggs were contaminated Salmonella Enteritidis, and were traced back by the MDA to Larry Schultz Organic Farm of Owatonna, where testing confirmed the presence of Salmonella Enteritidis. Larry Schultz Organic Farm has issued a voluntary recall of the tainted eggs. Eggs affected by this recall were distributed to restaurants, grocery stores, food wholesalers and foodservice companies in Minnesota, Wisconsin and Michigan.

Eggs from Larry Schultz Organic Farm are packaged under the following brand names:

• Lunds & Byerly’s Organic
• Kowalski’s Organic
• Larry Schultz Organic Farm

The eggs are packed in bulk and varying sizes of cartons (6-egg cartons, dozen egg cartons, 18-egg cartons). Cartons bearing Plant Number 0630 or a “Sell by” date are not included in this recall.

The individuals became ill between August 12 and September 24, and have occurred in both children and adults. Three of these people were hospitalized, but have since recovered.

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.

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.

Steve Gursten writes today about Michigan's new law for teenage drivers. Michigan is following the national trend to limit the hours teens drive to keep them off the roads at times they typically cause accidents and by limiting the number of people teens can drive (also a risk factor for fatal car accidents for teens).

Michigan Governor Rick Snyder will sign a new bill allowing doctors to say "I'm sorry" with it being used as evidence in a medical malpractice case. Michigan joins 35 other states that have different version of this law.

The "I'm sorry" law sounds good a first glance. But look at it closer.

There is a recall of over 6,000 Touch Point oscillating ceramic heaters. The recall stems from a problem with the oscillating mechanism in these small, low priced heaters. It is shorting out which causes a potential fire hazard. There have been a few accidents resulting in property damage but no injuries.

This recall involves Touch Point PTC oscillating ceramic heaters with model number PTC-902 and serial numbers between 35005-43008. They were sold in Meijer stores in Indiana, Illinois, Kentucky, Michigan, and Ohio from October 2009 through October 2010 for about $25.

The Michigan Supreme Court was asked to determine last week whether a plaintiff satisfied the notice of intent requirement under Michigan law when her malpractice lawyers mailed the notice of intent to file a claim to the doctor's prior address. The doctor did not receive the notice until after the deadline.

The Michigan high court decided to elevate form over substance, concluding that plaintiff satisfied the mandates of MCL 600.2912b(2) because the statute states that proof of mailing constitutes prima facie evidence of compliance with Michigan law.

You can read the full opinion here.

• Average Verdicts in Michigan
• Summary of Michigan Malpractice Law

Summary of Michigan malpractice law.

The Michigan Supreme Court is banning all electronic communications by jurors during trial, including the nearly essential for human life "tweets" on Twitter, text messages and Google searches. This will require Michigan judges for the first time to instruct jurors not to use any handheld device, such as iPhones or Blackberrys, while in the jury box or during deliberations.

The National Law Journal reports that In Florida, Miami-Dade Circuit Court Judge Scott Silverman in declared a mistrial in a civil case after discovering a witness -- a company executive -- was texting his boss on the stand during a side bar conference. "I never had this happen before," Judge Silverman stated. "This is completely outrageous."

I appreciate the problem. Logistically, taking away cell phones from people in 2009 is going to be a problem. A good number of jurors - usually a minority, but still - are angry about spending the time required to serve in the first place. This is not going to help matters. I'm am in the minority of injury lawyers who think that the existing rules that already incorporate all of the real concerns we have should be underscored in the instruction to the jury but that we should otherwise leave things as they are.

A Michigan jury awarded $1.8 million to the family of a woman in a medical malpractice wrongful death lawsuit against a doctor and Gratiot Medical Center in Alma.

Plaintiff, age 42, was admitted to the hospital for abdominal pain and had her gall bladder removed in a laparoscopic surgery two days later. She later died from sepsis and a perforated pouch at the beginning of the large intestine.

Jury Verdict Research recently released a new study looking at the average personal injury awards in Michigan: $1,089,638. As always, big personal injury verdicts conflate the average; the median personal injury compensation award in Michigan is $99,506. Interestingly, plaintiffs receive a financial recovery in 44% of personal injury lawsuits that go to trial compared to the national average of 52%. These numbers are misleading because the type of case has a huge bearing on both the average recovery and the plaintiffs' success rate. But this data from Michigan is still interesting to personal injury lawyers and accident and malpractice victims in Michigan.

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)