Accident and Injury Lawyer Blog

Wal-Mart has announced that they are pulling a batch of powdered infant formula from more than 3,000 of its stores nationwide, after a 10 day old newborn boy who was given the formula became seriously ill with a suspected bacterial infection, and died after being taken off life support.

Wal-Mart has pulled the lot in an abundance of caution, though there has been no government recall ordered for the 12.5-ounce cans of Enfamil Newborn powder. The affected lot is stamped with lot number ZP1K7G. The lot could eventually go back on the shelves, depending on the outcome of the investigation, but customers who bought the cans have the option of returning them for a refund or exchange.

Manufacturer Mead Johnson Nutrition said its records showed the lot tested negative for the bacterium before it was shipped. At this point, it has not been determined whether the illness is linked to the formula or an outside source.

Really, it is hard to imagine something more terrifying than defective infant formula. We used Enfamil with our children as I am sure many people reading this have. Obviously, the big tragedy is any child who suffers or dies from a bacterial infection from this. But you also cannot minimize the fear that thousands of parents are having right now. I would be just freaking out if my child had had this formula.

The U.S. Consumer Product Safety Commission (CPSC) has announced a few recent recalled children's products.

Approximately 2,300 sets of Children's Henley Pima Cotton Pajamas, imported by Bella Bliss of Lexington, Kentucky have been recalled, as the pajamas fail to meet the federal flammability standards for children's sleepwear, and as such, pose a burn hazard for children. The pajamas, a two-piece, cotton sleepwear set, came in white, blue, pink or red, with "Bella Bliss" written on the neck tag. They were sold in the Bella Bliss catalog and website, as well as specialty clothing retailers and online stores from January 2008 to June 2011 for about $48 to $58.

Next on the recall are Keds Girls' Shoes, which are being recalled due to laceration hazard. Manufactured in China, approximately 45,000 Keds"Know It All" girls' shoes are being recalled as the metal stars on the back of the shoes have been known to loosen and cause cuts and scratches. The maker has received 27 reports of cuts and scratches. The affected shoes are black and pink with white trim and a pink loop on the heel. "KEDS" appears on the tongue and heel of the shoe. The style number, printed on the underside of the tongue, is KY40098A. The shoes were sold in girls' sizes 12 to 5 and were sold at various department stores and online retailers from June through October 2011, and retailed for approximately $23.

Next recall for the holiday season, Kidgets Animal Sock Top Slippers are being recalled due to a choking hazard. The recalled children's slippers have brown or tan dog faces, yellow duck faces and tan lion faces. Approximately 160,000 slippers have been recalled as the animal's eyes can detach, posing a choking hazard. The name "Kidgets" and the size appear inside the slippers on the soles, and "FD9619108020690611" is printed inside the slippers on the side. The affected slippers were sold exclusively at Family Dollar stores nationwide from September 2011 through October 2011. Family Dollar has received one report of the eyes detaching from the slippers, though no injuries have been reported.

And last, for today anyway, Build-A-Bear Workshop has recalled their Teddy Bear Swimwear Set as it may pose a strangulation hazard. Approximately 19,720 units in the United States and 1,100 units in Canada have been recalled as Build-A-Bear received one report of an incident in which a 3-year-old girl pulled the inner tube over her head and had difficulty removing it. The set, sold at Build-A-Bear Workshop stores nationwide and online from April 2011 to August 2011, has a Fruit Tutu Bikini for teddy bears, and includes an inner tube. The inner tube is 9" in diameter and is pink with white and yellow flowers printed on it. The model number of the swimwear set is 017220 and is located on the price sticker on the "Build-A-Bear" cardboard tag.

Being a parent myself, I understand that we can't be everywhere and see everything, but at some point, we have to hold ourselves accountable for something. Otherwise, every toy, every piece of clothing, every everything is going to be recalled at some point. While maybe not every set of pajamas is going to ignite, given enough time, every stuffed animal is going to lose an eye and pose a strangulation hazard. Recalls should just remind us to pay a little more attention and be a little more cautious of the potential hazards out there. Kids are kids, let them have their toys - just keep a closer eye on them.

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.

Front Row is recalling its 10oz pint and 10lb bulk grape tomatoes. The tomatoes, supplied by Rio Queen Citrus of of Texas have been recalled because they have the potential to be contaminated with Salmonella, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.

The recalled grape tomatoes were distributed throughout Missouri and Illinois to foodservice distributors and retail stores.

The product for retail sale is packaged in a 10-ounce, clear plastic package marked with a Front Row Produce “Grape Tomatoes” label on the top of the package. Currently, the lot number does not appear on the clear plastic package but it does appear on the case label. The lot numbers on the cases containing the 10-oz. packages are 2310802, 2310405, or 2510401. The 10lb bulk grape tomatoes are packaged for wholesale in a plain brown cardboard box labeled only with lot # 2310801.

As of 12/1/2011, all shipments of Front Row Produce Grape Tomatoes packaged in clear 10-oz. plastic packages sold in retail stores will now have a green lot number sticker placed on the bottom side of each package. The lot number will consist of a 7-digit number used to aid in identifying specific shipments of product. Any packages that do not contain this green sticker should be considered suspect and under recall.

No illnesses have been reported, but production of the product has been suspended while the FDA and Front Row continue their investigation as to the source of the problem.

• Smuckers Peanut Butter Recalled
• Pine Nuts Recalled for Salmonella Concerns
• Salmonella Contamination Prompts Recall
• Frozen Egg Product Recalled

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.

Landshire has broadened their recall of Nike sandwiches, in light of continued concerns with Listeria contamination. In addition to the previously recalled Nike All-American Sandwich, for which they have increased the production date recall for, Landshire is now recalling their Nike Super Poor Boy Sandwich.

The following products are now subject to recall:

• Landshire Nike All- American
• Landshire Nike Super Poor Boy

The Nike Super Poor Boy Sandwich comes individually wrapped, but may also be sold in a 2 count or 8 count pack.

• Individually Wrapped: UPC code is 0 9748800001 1
• 2 count pack Nike Super Poor Boy: UPC code is 0 9748800765 2
• 8 count pack Nike Super Poor Boy: UPC code is 0 9748800712 6

Earlier this week, we told you that Landshire was recalling their Nike All-American Sandwich, for Listeria concerns. At that time, the recall was for 1,751 cases - the recall has now been increased to 17,305 cases....gee whiz, just a FEW more cases, wouldn't you say? Did they underestimate their concern initially, and feel that less than 1,800 cases would be sufficient? Or, are they going overboard now, in an abundance of caution? I'm not sure which is the case with this company, or these products, but I would really like to think it is the latter.

Unless you are a hermit, you have heard of the cantaloupe/listeria outbreak that has plagued this nation since August. According to an update from the Centers for Disease Control and Prevention, a total of 28 people have now died, nationwide, from the Colorado cantaloupe listeria outbreak. Could "going overboard, in an abundance of caution" have helped this situation? Even if it had saved one death, wouldn't it have been worth it? Why wasn't the nation told to throw away their cantaloupe? Did we not think it could get this big? The 28 person death toll moves up from 25 deaths last week, with an additional 133 reported illnesses, all related to the cantaloupe outbreak. How many more to come next week?

Perhaps these companies, ones with recalls of this nature, need to be a little more cautious, and make the recall on a much broader spectrum, so they don't find themselves backpedaling later. It just makes more sense, and if it prevents one illness, or more importantly, one death, isn't it the "less costly" thing to do?

• Even More Cantaloupe Recalls
• Consumers Couldn't Have Washed Away Cantaloupe
• Cantaloupe Recalls

Landshire of St. Louis, Missouri has initiated a voluntary recall of 1,751 cases of the Nike All-American sandwich, as it has the potential to be contaminated with Listeria Monocytogenes. The sandwiches were at retail supermarkets, nationwide. The recall was found as a result of routine sampling, taken by the North Carolina Department of Agriculture & Consumer Services (NCAGR).

The Nike All-American sandwich subject to the recall is the Landshire Nike All-American, a pre-packaged, individually wrapped sandwich. The sandwich weight is 7.25ounces (206grams), with the UPC code: 0 9748801741 5, and a lot number of: 11 237 6. The lot number is printed in black ink on the side or back of the package.

No illness have been reported with this recall, and no other Landshire products are affected by this recall. Consumers who have purchased the Nike All-American are urged to return it to the place of purchase for a full refund.

• More Listeria Concerns - This Time It's Spinach
• Lettuce Recalls: More Salmonella
• Salmonella
• Masago (Capelin Roe): Concerns with Listeria
• Spinach, Spinach, and More Spinach - Recall linked to Listeria

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

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.

A St. Louis jury returned a defense verdict in a medical malpractice lawsuit against a hospital and a nurse involving oxygen deprivation during surgery that allegedly caused a 9-year-old child's brain damage.

This may be a case where problems in the damages claim may have bled over into liability. The child had developmental problems before the time of the alleged malpractice and it sounded like the battlefield in the case was over damages as opposed to liability. Defense lawyers maintained that oxygen deprivation does not necessarily cause brain injuries and did not in this case. But the jury came back with a straight defense verdict.

Strange thing about this case: many of the treating doctors were in Israel which must have been a logistical nightmare.

The demand in the case was $3,000,000.

This is the Missouri Lawyer's article on the case.

CNN reports that at least 50 hurt and two people were killed in truck accident involving two school buses and a truck on I-44 outside of St. Louis, Missouri.

Tragic bus accidents like this often obscure the fact that school buses are statistically an extremely safe way for children to travel to school, safer than being driven by their parents. This fact does nothing, of course, if your children were involved in this awful crash. But parents also do not want to overreact to high profile stories like this and take their kids off school buses out of safety concerns.

Justice Diaz, while controversial, was a loss for personal injury accident and medical malpractice victims in Mississippi. But Mississippi voters also threw out Chief Justice Jim Smith who upheld verdicts for insurance companies 100% of the time, while ruling to overturn verdicts on behalf of victims 88% of the time. It is is just hard to imagine there is no political bent to this types of rulings - the numbers just jump off the page at you. Challenger Mississippi lawyer Jim Kitchens (a former district attorney). Although he was outspent 2:1, Jim Kitchens' clobbered Justice Smith 54% - 36%.

• Justice Diaz Loses
• Email from Justice Diaz
• Mississippi System of Electing Judges

A student at Missouri University was awarded $450,000, a jury in Missouri found this week. The student was struck on a bike while crossing an intersection and then hit a second time and dragged by a Columbia Water and Light truck. Jurors determined that the driver of the first car and the City of Columbia were to blame for 25 percent of the accident.

The verdict was for $1.8 million but under Missouri's comparative negligence law, the defendants are responsible for their portion of 25% of the fault.

There are NuvaRing lawsuits pending in an MDL (cases consolidated around the country in Missouri) and in New Jersey. Even though Organon is a New Jersey defendant, it sought to remove the NuvaRing cases because Organon was not "properly joined and served" under §1441(b) because Organon was not served with a tracking assignment number as required by New Jersey law.

No tracking assignment number? Who thinks of these things? Sure, strictly construed void of any sense of fairness or context, the statute the rule would preclude removal by an in-state defendant who has not been "properly joined and served" at the time of removal. But would a judge be such a foolish hypertechnical slave to the language beyond logic, reason and the legislative intent of the statute?

Thankfully, no.

The New Jersey District court found that strict adherence to the plain language of the statute would defeat the legislative intent and, accordingly, the law should not be interpreted to produce an absurd result.

If you are interested in learning more about the lawsuits involving NuvaRing, click on the "lawsuits involving NuvaRing" link above.

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