Accident and Injury Lawyer Blog

Wegmans Food Markets is recalling hard-cooked eggs, as well as prepared foods that contain hard eggs due to concerns with Listeria monocytogenes. The products affected by this recall would have been sold between January 23rd and February 1st.

This recall affects purchases made at Wegmans’ Rochester, Buffalo, Syracuse, Canandaigua, Newark, Geneva, Corning, Elmira, Geneseo, and Hornell stores, and came about as the result of a recent recall by Michael Foods which produces the cooked eggs at its Wakefield, Nebraska facility.
The following affected products sold in Wegmans prepared foods and deli departments that are included in the recall are as follows:

• Hard-Cooked Eggs (sold by the pound in prepared foods or as a choice on the Fresh Foods Bar)
• Eggs (special-order deli tray or 6-pack, 12 pack)
• Cobb Salad (10 oz, 43 oz, and 6.5 lb)
• Garden Salad (10 oz, 20 oz, 2 lb, and 5 lb)
• Baby Spinach Salad (9 oz, 1.8 lb, and 3.9 lb)
• Chef Salad (9 oz. and 18 oz.)
• Egg Salad (sold by the pound in prepared foods)
• Egg Salad Sub (Sub Shop)
• Kosher Macaroni Salad (sold by the pound in kosher deli)
• Kosher Pickled Eggs (sold by the pound in kosher deli)

According to Michael Foods, the recall was initiated after lab testing revealed that some of the eggs within the recalled lot dates may have been contaminated with Listeria monocytogenes. A recall of three lot dates was announced on January 26th, but Wegmans had not received any of this product. Wegmans announced their recall after the initial recall was expanded on February 1st.

There have been no confirmed reports of illness in connection with these products.

• Recall of Nike All American Sandwich
• More Listeria and Salmonella Concerns
• Wegmans - Pine Nuts Recall
• Recall of Whittington Jerky

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.

Arctic Cat of Thief River Falls, Minnesota is recalling all 2011 Arctic Cat XC 450 ATVs, and some 2012 Arctic Cat XC 450 ATVs, as it has been discovered that the ATV's steering tie-rod can bend, causing loss of control and a possible subsequent crash.

Recalled Arctic Cat 2012 model year ATVs can be identified by the last six numerals of the Vehicle Identification Number (VIN) in the following ranges: 6V0101 through 6V0178 and 700101 through 700230. The VIN is located on the lower front frame tube below the front bumper. The recalled ATVs are black and orange or black and lime green and display the words "Arctic Cat" on each side of the cowl ahead of the handlebars. The model number "450 XC" is on the front center of the cowl.

Consumers should immediately stop using these ATVs and contact their local Arctic Cat ATV dealer to schedule a free repair. While Arctic Cat has received three reports of bent tie-rods, there have been no reports of injuries.

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.

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.

A Minnesota neurosurgeon who won a defense verdict earlier this month just settled another malpractice claim.

The Pareto Principle (or 80-20 rule) says that 80% of the effects come from 20% of the causes. This rule applies with greater force with doctors who commit malpractice. This neurosurgeon is a clear example: he has had nine medical malpractice cases filed against him during his time at St. Luke’s Hospital in Duluth, Minnesota. He has won some jury trials - malpractice cases are tough - but most of the suits against him have settled out of court.

This doctor, who I don't name because this blog generally does not name names, does not get a break. He has another malpractice trial coming up in November.

The average verdict in a personal injury case in Minnesota is $271,577. The national average is $885,600.

Does this mean Minnesota juries are not sympathetic to personal injury victims? I think it might, actually. In fact, I think the statistics might actually underestimate how stingy Minnesota juries can be.

Why? The biggest driving force in personal injury verdicts is car accidents because is the most common type of personal injury case. So the state's law in dealing with car accident claims is going to make more meaningful impact on personal injury statistics.

Minnesota allows verdicts in car accident cases to be offset by collateral source payments. This is incredibly unfair to victims - in my humble opinion. They are being penalized for insurance payments that they have been paying for. Completely unfair. But if the desired impact is to quell car accident lawsuits, it does that.

PIP in Minnesota is higher most states - a minimum PIP policy is $20,000 for medical bills and another $20,000 for lost wages. This means that the cases that go to trial are going to be bigger cases which should actually increase the average award. I think this is the case, for example, in New York and Florida.

I'm sure that the average jury verdict outside of Minneapolis, St. Paul and Rochester is much lower although I have not seen statistics that break up individual jurisdictions in Minnesota.

There is a recall of more than 10,000 pounds of Lean Cuisine spaghetti and meat balls. I don't think this will be a federal case but the Lean Cuisines are reportedly studded with bits of hard plastic. The recall follows complaints from consumers in Minnesota, South Dakota and Wisconsin. Assuming these pieces are not large, you would not think this will be a huge problem.

These Lean Cuisines have the number "P-7991" and the case code "0298595519P," with a "best before" date of November, 2011. These Lean Cuisine spaghetti and meatballs entrees were packaged on October 25, 2010, and shipped to distributors and retail stores east of the Rocky Mountains.

The Minnesota Court of Appeals decided an interesting medical malpractice case addressing the bar plaintiffs’ malpractice lawyers must clear when presenting a certificate of merit that will survive summary judgment.

Continue reading "Certificate of Merit Requirements in Malpractice Cases" »

I wrote earlier today about a wrongful death case in Kentucky in the heat exhaustion death of a high school football player. In another wrongful death heat exhaustion case, ESPN reports that the wrongful death lawsuit filed by the widow of former Minnesota Vikings offensive tackle Korey Stringer against the NFL has been settled.

The Maryland Lawyer Blog has a post on a tragic case involving Minnesota child seat belt law.

The jury is still out in a shoulder dystocia case against the Mankato Clinic and one of its obstetricians.

Plaintiffs medical malpractice claim is premised the argument that pre-birth measurements of the fetus were suggested a exceptionally large baby and that a C-section would have been the appropriate course given the risks to large children in childbirth.

The “should have had a c-section” argument is still difficult to make based on the current medical literature. But Plaintiffs also argue that infant plaintiff’s shoulder dystocia injury could have been avoided if the OB/GYN had not pulled the baby’s head during delivery.

Related Posts:

Shoulder Dystocia Cases (background of claims and what plaintiffs’ and defendants’ lawyers often argue in shoulder dystocia cases)

Mankato Free Press Article (report on this Minnesota shoulder dystocia case)

Medical Malpractice Birth Injuries (discussion of birth injuries that are sometimes cause by medical malpractice)

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.

A Jury Verdict Research study found that the median award in Minnesota in personal injury cases is an even $30,000. Minnesota personal injury plaintiffs receive an award in 67 percent of cases that go to trial.

The median compensation in Minnesota is somewhat below the national median of $38,179 and I suspect Minneapolis, St. Paul and Rochester verdicts inflate that average a bit. But because Minnesota has no fault coverage (or PIP) in car accident cases up to $40,000 ($20,000 for medical bills and $20,000 for economic loss) that is subject to the collateral source rule, Minnesota personal injury lawyers tend to few small cases in Minnesota. In other words, Minnesota law provides that personal injury awards are offset by collateral source payments (if the source of reimbursement does not have a subrogation right). So the gap between the Minnesota median verdict and the national median verdict is probably wider than the numbers reflect. Not surprisingly, the U.S. Chamber of Commerce found Minnesota juries to be the "15th best" which means the 15th worst for personal injury victims.

Interestingly, Minnesota personal injury recovery probability is 67% compared to the national average of 53%. I would think that the fewer amount of smaller claims would lead to a lower recovery probability because Minnesota personal injury lawyers bring less smaller cases which typically do not involve a liability dispute which you would think would actually lower the recovery probability. Accordingly, it is fair to infer from the data that Minnesota juries are inclined to believe Minnesota plaintiff's claims as to how/why the accident/medical malpractice/injury occurred.

Although Minnesota juries are rather conservative, the big complaint that defendants' lawyers and drug and device companies have about Minnesota is that its laws are favorable to personal injury victims. Last year, there was an ABA Journal article, Lawsuits Travel Up North: Land of Ten Thousand Lakes Is Flooded With Thousands of Out-of-State Filings, that discussed the benefits of filing products liability claims in Minnesota, including Minnesota reasonable six-year statute of limitations in products liability cases. While lawyers rarely have seriously injured clients in a car accident that come to them years after the cause of action arose, this is a far more common occurrance in products liability cases because it sometimes takes a while for people to understand the connection between the negligence and their injuries, even if that information is available under the "know or have reason to know standard."