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

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.

Recalled for health concerns

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.

Cucumbers have been recalled after reports of a potential bacterial contamination. L&M Companies the recall for its whole cucumber product after the FDA informed the company that at least some of their cucumbers Salmonella.

Do you have cucumbers in your fridge subject to this recall? The recalled cucumbers have been distributed in different areas, namely: New York, Nebraska, Indiana, Texas, Illinois, Tennessee, Wyoming, and Florida (where the problem was found).

The Nebraska Supreme Court has has agreed that a lawsuit arising from injuries suffered by a woman whose family purchased a used car from a car dealer that allegedly failed to inspect the car. The court held that under these facts, the dealer was obligated to warn consumers about potential defects.

Lieff Cabraser Heimann & Bernstein put our a press release on a Yaz lawsuit last month involving a 33 year-old woman who brought a state court claim in New Jersey.

Plaintiffs' Yaz lawyers allege in the lawsuit that Yaz is a dangerous prescription drug sold without appropriate warnings about the risk of serious injuries. In this case, Plaintiff's lawsuit claims that Bayer improperly advertised and over-promoted Yaz for treating acne while knowing that the risks of using Yaz for this purpose outweighed any benefits Yaz could bring. Obviously, there are other drug on the market that would seem to have a more favorable safety profile than Yaz.

The press release quotes the the Plaintiff bringing the Yaz lawsuit:

Several months later, I developed sharp pains in my left shoulder and had difficulty breathing," Atkinson continued. "I went to my doctor for an examination. Testing revealed multiple blood clots in both lungs. I was hospitalized immediately. Fortunately, the treatments eliminated the blood clots, but only one month later I was diagnosed with gallstones. I then had to undergo gall bladder surgery in January 2009. I have suffered months of anxiety and nausea related to these medical procedures and drugs given to treat the adverse side effects I developed from taking Yaz."

Accordingly, Plaintiff's lawsuit alleges that she never would have "developed blood clots, been hospitalized, or forced to undergo numerous medical tests, procedures, and gall bladder surgery" if Bayer had presented honestly the risk associated with using Yaz as an acne medication.

If you or someone you love has used Yasmin/Yaz/Ocella and has suffered from blood clots, stroke, DVT, heart attack or gallbladder injury, or you are lawyer with a Yasmin/Yaz case for which you would like to involve co-counsel or you think might be a candidate for a lawsuit or future potential global settlement, please call one of our Yasmin/Yaz attorneys at 800-553-8082 or get a free no obligation Internet consultation for your potential Yasmin/Yaz lawsuit.

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

The Missouri Supreme Court ruled in Sides v. St. Anthony's Medical Center, that plaintiffs in a medical malpractice cases in Missouri may rely on an expert's opinion that the injury would not have happened in the absence of the defendants' negligence even without a specific proof of a negligent act. The court adopted the Restatement of Torts rule that if a medical malpractice plaintiff cannot demonstrate which specific act of negligence caused the injury but is able to demonstrate the potential causes are within the control of the doctor, and the injury would not occur in the absence of negligence, then a medical malpractice plaintiff has jumped over the motion to dismiss/summary judgment hurdle.

The defendant’s medical malpractice lawyer argued that Hasemeier v. Smith, 361 S.W.2d 697 (Mo. banc 1962), an OB/GYN medical malpractice case, was controlling. In that case, the court found that generally res ipsa loquitur is not applicable in medical malpractice cases. The Missouri Supreme Court did not overrule Hasemeier but it may as well have.

The Missouri high court’s ruling in this case is consistent with common sense and, as the court noted, the trend in many other states including Kentucky, Nebraska and New York.

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.

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