Accident and Injury Lawyer Blog

Ocean Spray Recalls Craisins

Ocean Spray has announced that it is expanded the recall of certain production lots of its Original Flavor Craisins, Dried Cranberries product in 5-ounce, 10-ounce and 48-ounce packages, and bulk sweetened dried cranberries in 10-pound packages. The recall was made after it was determined that there may be the possible presence of very small hair-like metal fragments, though they are saying that it is unlikely to cause consumer injury.

The additional five recalled lots were only shipped to retailers in the following eight western U.S. states: Arizona, California, Colorado, Montana, Nevada, New Mexico, Oregon, and Washington. The current affected lots are as follows:

• 5 oz Craisins: UPC: 00293-000
Best By Dates (ONLY THESE DATES FOLLOWED BY THE LETTER “M” ARE AFFECTED): Oct 27 2012 M and Oct 28 2012 M
• 10 oz Craisins: UPC: 29456-000 and 29464-000
Best By Dates (ONLY THESE DATES FOLLOWED BY THE LETTER “M” ARE AFFECTED): Oct 27 2012 M; Oct 28 2012 M; Oct 29 2012 M; Oct 30, 2012 M
• 48 oz Craisins UPC: 00678-318
Best By Dates (ONLY THESE DATES FOLLOWED BY THE LETTER “M” ARE AFFECTED): Oct 27 2012 M; Oct 28 2012 M ; Oct 29 2012; Nov 3 2012 M; Nov 4 2012 M; Nov 5 2012 M; Nov 6 2012 M; Nov 7 2012 M; Nov 8 2012 M; Nov 10 2012 M; Nov 11 2012 M; Nov 12 2012 M
• 10 lb bulk ingredient & foodservice: UPC: 03477-000
Best By Dates (ONLY THESE DATES FOLLOWED BY THE LETTER “M” ARE AFFECTED): 30 Oct 2013 M; 31 Oct 2013 M; 1 Nov 2013 M; 5 Nov 2013 M

No illnesses or adverse effects have been reported regarding these products, and the company has received no customer complaints.

• Ocean Spray Recalls Craisins

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.

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.

The Lettuce Recalls Continue

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

A New Mexico jury has ordered three doctors to pay a woman $9 million in a medical malpractice lawsuit for failing to diagnose her heart attack in November 2006. Particularly compelling: the woman was 24 years-old. She presented with classic symptoms so the doctors gave less attention to her than they should have.

A $9 million verdict is the headline. The plaintiff will recovery at most $1.8 million. New Mexico has a medical malpractice cap of $600,000 per doctor. I'm not aware of any other states that have a "per doctor" malpractice cap.

Is there a rampant legal malpractice problem in New Mexico? Jonathan Miller's article in the New Mexico Examiner about a malpractice pandemic in New Mexico certainly gives cause for concern.

Our firm reviews serious auto accident, medical malpractice, and products liability (Seroquel, Byetta, Nuvaring, Chantix, Reglan, shoulder pain pump, denture cream, Zimmer hip replacement, and Fleet Phospho-soda) claims. If you need a lawyer in New Mexico for a serious injury claim, call 800-553-8082 or click here for a free consultation.

The family of a woman who died in a 2007 balloon accident at the Albuquerque International Balloon Fiesta settled their wrongful death lawsuit for $1.4 million. The victim died in an accident where she fell 70 feet after the balloon she was riding in became entangled in power lines. The balloon festival, the pilot of the balloon and two companies, Star Trail Inc. and Rainbow Ryders were named as defendants in the case.

You can read an article on this Albuquerque wrongful death lawsuit settlement here.

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.

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