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

Triple Eight Distribution has announced the recall of approximately 30,400 children and youth bicycle helmets, as recent testing has demonstrated that these helmets do not comply with the CPSC's safety for impact resistance.

The helmets, manufactured in China, are multi-purpose helmets, and also sold for use as bicycle helmets. The "Little Tricky" helmets are marketed for children and youth, and feature a large Little Tricky logo on both sides of the helmet. The "Triple Eight" Liner helmets feature a hard black inner EPS foam liner, and the "Sector 9" Liner helmets feature the same EPS liner. Both the Triple Eight and Sector 9 helmets have an interior label indicating the size “S/M” for small/medium and a manufacture date indicated as month/year (ex. APR/2011), but only the Triple Eight and Sector 9 size “S/M” EPS Liner helmets are affected.

Ultimately, a helmet does not have to accomplish to many things. Just protect the child's head. It would seem like a pretty easy score for a helmet.

• Bell Helmet Recall
• New Hampshire Motorcycle Helmet Laws
• Motorcycle Helmet Statistics

I am getting tired of writing this post. I feel like I write some version of it every month....

The Hannaford supermarket chain, which has stores in New England and New York, is recalling ground beef with a sell-by date of December 17 or earlier, as it may be contaminated with salmonella. The precise amount of beef being recalled is undetermined.

The ground beef recall was made after receiving reports of fourteen ill people, ten of which reported purchasing ground beef at Hannaford stores in Maine, New York, New Hampshire and Vermont between October 12 and November 20. Seven of the fourteen people were hospitalized.

Among the varieties being recalled are Hannaford's regular ground beef and its Taste of Inspirations Angus and Nature's Place brands, with content ranging between 73 percent and 90 percent lean.

The chain has approximately 170 stores in Maine, Vermont, New Hampshire, Massachusetts and New York, and all the beef affected by the recall has been removed from stores.

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.

Dogs are people too. Pretty much. For many of us.

So we report here on Proctor & Gamble Company has retrieved a single production lot of dry dog food as aflatoxin levels, above the acceptable limit, have been detected. This product has already been retrieved from store shelves.

Aflatoxin is a naturally occurring by-product from the growth of Aspergillus flavus and can be harmful to pets if consumed in significant quantities. Pets who have consumed this product and exhibit symptoms of illness including sluggishness or lethargy combined with a reluctance to eat, vomiting, yellowish tint to the eyes or gums, or diarrhea should be seen by a veterinarian.

The affected dog food is as follows:

• Product Name: Iams ProActive Health Smart Puppy dry dog food with Use By/Expiration Dates of February 5 or February 6, 2013
• Version: 7.0 lb bag; Code Date: 12784177I6; UPC Code: 1901402305
• Version: 8.0 lb bag; Code Date: 12794177D2 and 12794177D3; UPC Code: 1901410208
• Version: 17.5 lb bag; Code Date: 12794177K1 and 12794177K2; UPC Code: 1901401848

The affected product lot was distributed to a limited number of retailers located in the eastern United States: Alabama, Connecticut, Delaware, Florida, Georgia, Louisiana, Maryland, Maine, Mississippi, North Carolina, North Carolina, New Hampshire, New Jersey, New York, Pennsylvania, South Carolina, and Virginia. These retailers have already removed this product from store shelves.

While no health effects related to this product have been reported, P&G retrieved this product from the shelves as a precautionary measure. Consumers who purchased the affected dog food should stop using it, discard it, and contact Iams a replacement voucher.

No other dry dog food, dry cat food, dog or cat canned food, biscuits/treats or supplements are affected by this announcement.

Dogs matter. I'm glad Proctor is doing the right thing by making sure our animals are safe.

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.

Nygala will recall approximately 10,000 Halloween Projection Flashlights, as the flashlights can overhead, blister and melt, posing a fire and burn hazard to consumers. Better late than never. I guess.

These Chinese made flashlights are black and orange plastic, and the flashlight is 6 ½ inches long with pumpkins, bats, witches, haunted houses and cats on the handle. The flashlights came with six different plastic lenses that attach to the flashlight to project various images, including a pumpkin, bat, witch, haunted house and cat. The flashlights packaging is imprinted with “Flomo,” “HW189” and UPC 677916518266 on the packaging.

The recalled Halloween flashlights were sold at discount stores in California, Connecticut, Florida, Maryland, New Jersey, New York, Pennsylvania, Texas and Utah from August 2010 through October 2011 for about $1.

The firm has received one reported incident involving a flashlight that overheated, blistered and melted.

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.

Badia Spices is recalling approximately 3,800 lbs. of Pinenuts, as they may be contaminated with Salmonella Enteritidis, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.

The pine nuts were sold in retail stores in Florida, New York, Pennsylvania, Maryland, and New Jersey - between June 2011 and October 2011. No illnesses have been reported for any Badia brand pine nuts to date.

Badia Spices is recalling the following lots of Pinenuts:

• (UPC) 033844 00068 – 1 oz Pine nuts in small plastic bags Lot # 84666
• (UPC) 033844 00733 – 2 oz Pine nuts in pet bottles Lot # 83184, 85442

Badia Spices repacked bulk pine nuts which were imported from Turkey and subsequently recalled by Sunrise Commodities. The bulk pine nuts have been linked to an outbreak of Salmonella Enteritidis illness.

• Sunrise Commodities' Pine Nuts Recall
• Wegman's Pine Nuts Recall

The Food and Drug Administration (FDA) is warning consumers not to eat Turkish pine nuts, distributed by Sunrise Commodities, after tests have confirmed the presence of Salmonella.

The FDA is collaborating with the Centers for Disease Control and Prevention (CDC) to investigate a multistate outbreak of Salmonella Enteritidis infections. To date, there are reports of at least 42 illnesses associated with the outbreak in Maryland, New Jersey, New York, Pennsylvania and Virginia.

As part of FDA’s investigation, samples of Turkish pine nuts from a warehouse used by Sunrise Commodities were collected.

Sunrise Commodities has already recalled four lots of the product implicated in this matter, totaling more than 21,000 pounds of pine nuts.

The affected nuts were packed in 22-pound boxes and included the markings:

• Warehouse Lot 27963 with the identifying code “PO#: 50165”
• Warehouse Lot 29628 with the identifying code “PO#: 50558”
• Warehouse Lot 27713 with the identifying code “PO#: 49595”
• Warehouse Lot 27427 with the identifying code “PO#: 50032”

Sunrise Commodities distributed the Turkish pine nuts in bulk to various food vendors in Florida, New Jersey, New York and Canada. A recall notification was issued by Sunrise to its customers on November 3, 2011, alerting them of the test results and of the epidemiologic investigation.

Wegmans Food Markets, recalled the product from their stores on October 26, 2011. As the investigation continues, additional recalls may take place.

The U.S. Consumer Product Safety Commission (CPSC) and Battat announced a recall of Toulouse-LapTrec magnetic sketchboards. Approximately 95,000 units are affected by this recall, as well as another 4,300 in Canada.

The magnetic sketchboards, manufactured in China by Rainbow Force Plastic Products, contain a drawing pen. It has been discovered that the magnetic tip of the drawing pen can dislodge from the pen, posing a choking hazard to children. To date, there have been nineteen reports of the tip separating from the pen, though no injuries have been reported.

The Toulouse-LapTrec magnetic sketchboard has a white plastic writing surface, bordered by either a red or brown plastic frame, and has a bean bag type backing. The sketch board has four animal shapes across the top – a rabbit, dog, cat and duck. The multicolored magnetic pen is affixed to the front of the sketchpad. The model number can be found on a paper wrapper that comes with the product at the time it was purchased.

• BX1026 (red frame)
• BX1027 (brown frame)

The Toulouse-LapTrec magnetic sketchboard was sold at Target stores nationwide, as well as other various online retailers from March 2010 to March 2011, and retailed for approximately $16.

Consumers should immediately take recalled sketchboards away from children and contact Battat to receive a free replacement sketchboard. Realistically, few people will actually do this, making it a very inexpensive recall for Battat.

• Recalled Disney Toy Trike
• Target Frog Costume Recall
• Aqua Dots - Settlement
• Pottery Barn Doll Recall

Wegmans Food Markets has announced a recall of bulk Turkish Pine Nuts due to possible Salmonella contamination. The recalled Turkish pine nuts were imported from Turkey by Sunrise Commodities.

Wegmans is recalling approximately 5,000 lbs. of Turkish Pine Nuts, sold in the Bulk Foods department of most Wegmans stores in New York, Pennsylvania, New Jersey, Virginia, and Maryland, due to possibility of being contaminated with Salmonella. The time frame for the sale of these nuts would have been between July 1 and October 18, 2011.

The bulk Turkish Pine Nuts have been linked to an outbreak of illness from Salmonella Enteritidis, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Illness onset is typically 12 to 72 hours after consumption.

This recall only applies to Turkish Pine Nuts sold in bulk. Other pine nuts sold at Wegmans are not affected by this recall.

• Wegmans Recalls Chocolate Chip Bars
• Walnut Recall for Salmonella Concerns

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

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.

A lawsuit has been filed in New York alleging a YMCA camp counselor raped a girl during camp last July. The worst case scenario allegedly occurred: the 11 year-old girl became pregnant and contracted a sexually transmitted disease as a result. (She had a son.)

The suit ties in the YMCA and complains while it fired the employee when the rape was discovered, the YMCA should have called the police.

While this is true, I can't see how it is admissible at trial. What is going to matter at trial is whether the girl was raped and whether the YMCA is in some way responsible or vicariously liable. What happened after the crime is not going to be germane to these issues.

The New York bar exam results came out about an hour ago.

There were 3,881 candidates took the New York bar in February all eager and ready to become lawyers. (The fact that there are no attorney jobs available and payments on their student loans start in 20 minutes did not damper their enthusiasm. Or maybe it did.) The pass rate was 48%. So if you passed, you are better than average. Graduates of American Bar Association approved law schools taking the bar for the first time passed at the rate of 76%.

Did your law school girlfriend pass the bar? You won't find out here. But I doubt this will deter your search.

There is a recall for two carob products made by Simple Foods of Tonawanda sold at health food stores in four states have been recalled because their labels don't mention they contain milk which cause cause life-threatening consequences if you are allergic to milk. The products are "Carob Brown Rice Crunch Squares" and "Carob Mint Miniatures"

These carob products were sold in New York, New Hampshire, New Jersey and Pennsylvania.

Carob is a substitute for chocolate.

If you live in Maryland, New York, Pennsylvania, California, or Colorado, you Bologna's first name is R-E-C-A-L-L. Yesterday, a recall was issued for 23,000 pounds of Lebanon bologna products may be contaminated with E. coli O157:H7, a potentially deadly bacterium that can cause serious health consequence for all of us, most notably the very young and very old.

Each package of Bologna was made in December and has a label with establishment number “EST. 474” inside the USDA mark of inspection. You can get the details here.

Look out for:

• Whole chub packages of “SELTZER’S BEEF LEBANON BOLOGNA” with lot codes “01351” or “06337” and best-by date of “Feb. 14 2011,” “Feb. 15 2011,” “Feb. 16 2011,” or “Feb. 28 2011” printed on the package.
• Half chub packages of “SELTZER’S BEEF LEBANON BOLOGNA” with lot codes “01351” or “06337” and best-by date of “Apr. 6 2011,” “Apr. 7 2011,” “Apr. 16 2011,” or “Apr. 19 2011,” printed on the package.
• 12-pound bulk boxes of sliced “SELTZER’S BEEF LEBANON BOLOGNA” with lot code “01351” and best-by date of “Apr. 21 2011” printed on the package.

Lebanon bologna is a semi-dry sausage that looks like salami. So check out what you think is your salami too.

The average car/truck/motorcycle accident verdict in New York is $837,020, which is stunningly high compared to most other jurisdictions.

Why is this? Are New York jurors just that much more generous than, say, jurors in Maryland?

The answer is that New York's no-fault accident law requires that plaintiffs suffer a “serious injury" before a lawsuit can be brought against the at-fault driver. While there is some question that having a magical threshold that needs to be crossed is going to be fraught with great flaws, there is no question that this New York scheme, as desultory as the justice it might bring, keeps minor personal injury car accident cases out of court.

What's my point? My point is that this completely distorts average car accident verdicts in New York. I read Metro Verdicts Monthly and Mealey's which provide a lot of individual verdicts in car accident cases in Maryland, Virginia, and Washington, D.C. It is amazing how many jury verdicts there are for $10,000 when, if you look at the case, is really not such a bad result. New York has none of these cases deflating their average.

Continue reading "New York Car Accident Verdicts" »

CDX Group issued a recall of about 1,600 desk and table lamps. The problem was discovered after a fire hazard led to a finding of substandard electrical wiring, connections and plugs in these lamps.

I wonder how many people who own these lamps are going to get notice of this recall. The products at issue were sold in Brooklyn, New York and Lexington, Kentucky from April 2010 through July 2010 for between $5 and $10. Are folks who bought a $10 lamp focused on checking product recalls? I've bought my share of $10 lamps and I can't tell you when and where I bought them. I would be curious as to how many of the estimated 1,600 know of this recall.

You can read more about this in the New York Injury News.