Accident and Injury Lawyer Blog

Johnson & Johnson has announced the recall of Aveeno Baby Calming Comfort Lotion. The recall only affects one lot that was shipped only to a few states.

The recall was initiated as a precautionary measure after testing indicated that the lot exceeded the specifications for common bacteria. Extensive testing has been performed since by an independent lab, and has not shown that specifications were exceeded; however, Johnson & Johnson Consumer Companies initiated the recall out of an abundance of caution.

The only affected lot is lot number: 0161LK with a UPC Code of: 38137-0036456. The recalled product was shipped to Alabama, Arkansas, Florida, Georgia, Kansas, Louisiana, Mississippi, Tennessee and Texas.

A Plaintiff's attorney in Texas has filed a wrongful death suit on behalf of the estate of a woman that was murdered.

These claims are not uncommon and they are a great way for plaintiffs' lawyers to add million dollar verdicts to their resume. There is only one caveat: very rarely do they get a single penny for their clients because the defendants are not in a position to pay out a verdict.

This Texas case adds a new and I think bizarre wrinkle: the claim is not only against the murderer but his parents and his 92-year-old grandmother. Adding to the insanity, the murderer was a Dallas personal injury lawyer.

The Plaintiff's lawyer also made what I think were odd comments: "You don't see it often, but unfortunately I don't have the liberty to discuss the facts we have to support our allegations, but we do have a basis to bring all of the claims we've brought," the lawyer says, referring to naming the murderers' parents and grandmother as defendants.

Not at liberty? Why? You have filed a lawsuit.

So we have a personal injury lawyer who is a murderer, whose 92 year-old grandmother is being sued for the murder he committed. It sounds like something personal injury claims tort reform advocates made up.

Continue reading "Personal Injury Lawyers Not Helped by This" »

Heads up if you are in Texas enjoying alfalfa sprouts on Christmas. Green Valley Food continues to increase - now 6,723 the number of cases - the size of its "Let's Grow Healthy Together!" alfalfa sprouts recall. The distribution of the product appears to be limited to Texas but the way it is growing, who knows?

Two weeks ago, a random sample of these alfalfa sprouts tested positive for Salmonella. Presumably, at this point, Green Valley Food chose the safest path for its customers. But the recall keeps expanding.

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.

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

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.

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.

Whittington's Jerky is recalling 126 pounds of beef jerky products, as they may be contaminated with Salmonella.

The problem was discovered as the result of routine testing, but the jerky was shipped before testing results were confirmed. To date, there have been no reports of illness, but those concerned about illness should contact a healthcare provider. The most common manifestations of salmonellosis are diarrhea, abdominal cramps, and fever within six to 72 hours. Additional symptoms may be chills, headache, nausea and vomiting that can last up to seven days.

The affected products subject to recall include:

• 2-oz. packages of Whittington's Original Beef Jerky
• 4-oz. packages of Whittington's Original Beef Jerky

Each package indicates the establishment number "EST. 21257" inside the USDA mark of inspection. The product was produced on Oct. 31, 2011 and distributed to convenience stores in West Texas and at the company's retail operation.

• Wegmans - Recalled Pine Nuts
• American Egg Products Recall Frozen Eggs
• Nike All American Sandwich Recall
• Salmonella Illnesses Linked to Organic Eggs
• Spinach - Two Separate Recalls

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.

There have been two separate spinach recalls today, due to concerns of Salmonella contamination.

Church Brothers has voluntarily recalled 560 bags of clipped spinach as a precaution, after one bag tested positive for Salmonella during a random sampling. The recalled product was processed on October 6, 2011 and shipped in 2.5 pound, clear bags, to Super King Markets in Los Angeles, California. The bagged spinach affected by this recall was available for sale beginning on October 7, 2011, and is stamped with a “best if used by” date of 10/23/11.

• Best By Date: 10/23/11
• Manufacturer Code10/23/2011 A279 47166

The second spinach recall has been issued by Taylor Farms, for their H-E-B Spinach Spring Mix bagged salad product, as well as deli items that use the spinach.

The affected products are as follows:

• H-E-B Spinach Spring Mix Bagged Salad 0-41220-19752-1 5-oz
• Chicken Ranch Salad 62440
• Small Chicken Ranch Salad, UPC Code: 62441
• Large Garden Salad, UPC Code: 62442
• Small Garden Salad, UPC Code: 62443
• Large Chef Salad, UPC Code: 62444
• Small Chef Salad, UPC Code: 62445
• Large Garden Salad w/Rotisserie Chicken Salad, UPC Code: 62449
• Garden Salad with Roasted Turkey, UPC Code: 62450
• Cobb Salad 6245

Salmonella, as we have written before, is a dangerous organism which can cause serious and sometimes fatal infections in young children, frail or elderly people and others with weakened immune systems. Symptoms can include fever, diarrhea, nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections and arthritis.

There have been no reports of illness to date with either manufactures product.

• More Listeria Concerns - This Time It's Spinach
• Lettuce Recalls: More Salmonella
• Salmonella

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

Getting a good lawyer when you are injured by the negligence of someone else is important no matter where you are injured.

But having a good lawyer seems particularly important in Texas because the legislature and the courts continue their collaborative effort to conspire against injury victims.

The latest in Texas: the Texas Supreme Court overturned a bad faith verdict against Texas Mutual, the workers' comp insurer. Read this article if for no other reason than to enjoy the silly spin the author puts on it while pumping up Texas Mutual. Newsflash: highlighting that you needed legal maneuvering to get around a bad faith verdict does not change the fact that a jury looked at what you did and thought it constituted bad faith. That may not be something to brag about.

Texas Governor Rick Perry is probably going to throw his hat in the ring to be the Republican who takes on President Obama next fall. Good for him. He's got a good head start with George Will's "Gee, I think you are hotter than Derek Jeter and I love the way you eat a big hamburger" article a few weeks back.

But while deciding to run, Perry has to make sure he nails his Republican bona fides by trying to run to the right of Michele Bachmann. That's hard to do right now. But Perry wants to try.

The Texas Legislature passed a law virtually every state is passing: you can't text and drive. Not a big controversial issue, some studies are suggesting that texting is more dangerous than drunk driving. Probably a dangerous exaggeration in its own right but, still, you get the point: texting = more accidents and deaths in car accidents.

Continue reading "Perry's Texting While Driving Veto Will Cost Lives" »

Our lawyers are investigating possible Nexium bone fracture lawsuits.

Overview of Nexium

Nexium (esomeprazole magnesium), produced by AstraZeneca, is approved by the Federal Drug Administration (FDA) for the treatment of the following conditions: Dyspepsia, Peptic ulcer disease (PUD), Gastroesophageal reflux disease (GERD), Laryngopharyngeal reflux, Barrett's esophagus, the prevention of stress gastritis, Gastrinomas and other conditions that cause hypersecretion of acid and Zollinger-Ellison syndrome. It can be administered by injection through an IV or can be taken orally as a capsule in twenty or forty milligram dosages which are taken once or twice per day for a period of not more than fourteen days as recommended by the FDA. The medication is now produced by several pharmaceutical companies under the names, Prilosec, Aciphex, Dexilant, Zegrid, Prevacid, and Protonix. Nexium (esomeprazole) is AstraZeneca’s best-selling drug and the third best-selling medication in the world, with over $5.2 billion in sales in 2008.

The medicine belongs to a class of drug called Proton Pump Inhibitors (PHI). Their main function is a pronounced and long-lasting reduction of gastric acid production. This group of drugs followed and has largely replaced the use of H2-receptor antagonists with similar effects, but different mode-of-action. The main difference between the two classes are PPI’s stop proton pumps in the stomach from producing gastric acid, whereas the H2’s block the action of histamine on parietal cells in the stomach, decreasing the production of acid by these cells.

Generally, Nexium and other drugs of this type are well tolerated by patients and adverse effects from short-term use are not very common. Although adverse side effects are reported more often with the use of omeprazole, the same risks apply for all PPI’s. It is believed the occurrence is elevated in the use Nexium and similar medications because they are prescribed more than other PPI’s. Common side effects include: headache, nausea, diarrhea, abdominal pain, fatigue, and dizziness. Long-term use of PPI’s has been linked to hypomagnesemia. Because the body uses gastric acid to release B12 from food particles, decreased vitamin B12 absorption may occur with long-term use of proton-pump inhibitors and may lead to Vitamin B12 deficiency. Infrequent adverse effects include rash, itch, flatulence, constipation, anxiety, and depression. Rarely PPI cause ‘idiosyncratic’ reactions such as erythema multiforme pancreatitis, Stevens Johnson syndrome, and acute interstitial nephritis.

Also, studies have shown using H2-receptor antagonists and proton pump inhibitors, are associated with an increased risk of community-acquired pneumonia. It is suspected that acid suppression results in insufficient elimination of pathogenic organisms, suggesting that patients at higher risk of pneumonia should be prescribed PPI’s only at lower doses and only when necessary. PPIs have been shown to raise risk of Clostridium difficile infection by 1.7 times with once daily use and 2.4 times with more than once daily use. The risk can be minimized by judicious short term prescriptions.

Nexium Hip Fractures

Long-term use of proton pump inhibitors has been less studied. Potential Nexium bone fracture lawsuits are going to need future studies to confirm where plaintiffs' lawyers think the evidence is going to play out. One thing is for sure that no one needs to study: a hip fracture is an awful thing.

Continue reading "Nexium Bone Fracture Lawsuit" »

After a near fistfight over this and a number of other contentious issues, the Texas House passed Saturday a “loser pays” bill. Under this law, even a winning plaintiff can end up losing if the award is less than 80 percent of a defendant's settlement offer, the winner could owe more in legal fees than the award.

The Texans for Lawsuit Reform said that the bill provides "incentives for fair and early settlements and imposes risk on those who pursue meritless or abusive lawsuits.”

You pay expenses if you only get 79% of what the defendant offered. Texas has pretty much gone mad. I give it three years before Texans realize what they are doing.

The bill has not yet passed the Texas Senate. If it does,Governor Rick Perry will sign the bill.

Ameritox, a drug testing company based in Texas, has settled a false claims lawsuit for $16.3 million. The lawsuit alleged that the company paid kickbacks to doctors in exchange for business.

I would be interested in the fate of the doctors who received the kickbacks. It is like buying stolen goods. For stealing to be profitable, there typically needs to be a market for the stolen goods. This is why buying goods you know to be stolen is a crime. Do the doctors skate off with slightly fatter wallets?

You can find the UPI story here.

A Texas jury awarded $3.8 million to a man to who brought a defective design product liability lawsuit against Brunswick after a boating accident in 2007. The jury found that the man's leg became tangled in the boat's propeller because the boat did not have guards and covers to protect boaters from getting stuck in the propeller.

Thirteen million boats travel each year on our nation's waterways. Last year there were 3,489 boating accident injuries that resulted in 710 deaths.

A Galveston County jury has awarded $1.72 million to man severely injured in an accident at BP America Inc. oil refinery in Texas City. Plaintiff was struck by an oil burner being lifted by a crane operator, suffering severe injuries requiring over a half million dollars in medical bills.

On the job injuries where there is a third party defendant exempt from the protection of the workers compensation statue are often the types of cases where our lawyers can obtain the largest verdicts and settlements for our clients. This is because they often involve big companies and there are no limitations on the amount of insurance coverage at issue because the company either has adequate insurance or has the ability to pay any verdict in excess of the insurance policy.