Accident and Injury Lawyer Blog

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.

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.

This week may prove to be a busy one, with four recalls announced first thing this morning.

The holiday season usually brings tins of butter cookies, but not for Rite Aid. Rite Aid has initiated a voluntary chainwide recall of approximately 85,000 tins of butter cookies, distributed by Rite Aid under the Rich Fields brand name, due to the possibility that they may be contaminated with Bacillus cereus. This microorganism may cause diarrhea, nausea and/or vomiting; however, the possibility of serious adverse health consequences is minimal.

This recall affects only the 12 oz. tins that feature either a decorative castle or Christmas designs, and sold exclusively in Rite Aid stores. Affected butter cookies can be identified by the UPC codes 01249596519 and 88411804619. The recall was initiated after the company conducted quality testing on the affected product because of an uncharacteristic odor. No other Rich Fields or Rite Aid brand products are affected by this voluntary recall.

Second recall for the day is Eating Right's Soy Protein Burgers. The packages inadvertently contain Eating Right™ Veggie Burgers, which contain milk. The label does not list milk as an ingredient. People who have allergies to milk run the risk of serious or life-threatening allergic reactions and should not eat this product. There is no concern for those who are not allergic to milk.

The Soy Protein Burgers were sold nationwide at:

• Safeway
• Carrs
• Dominick’s
• Genuardi’s
• Pak ‘N’ Save
• Randalls
• Tom Thumb
• Vons
• Pavilions

The retail package is a 4-count, 10-ounce carton marked with a UPC Code of 79893 80071 and one of the following lot codes on the side panel of the package: NOV 17 12 WT A or NOV 12 WT B. This product is located in the freezer case. No other Eating Right products or date codes are involved in this recall. Safeway was notified of the situation by a consumer.

Rhythm Superfoods voluntary recall of KOOL RANCH KALE CHIPS is number three for the day. The recall was initiated after it was discovered that approximately 2,700 cases of the Kool Ranch Kale Chips containing cashews were distributed in packaging that did not reveal the presence of the cashews. Subsequent investigation indicated that the problem was caused by the use of new packaging that failed to declare the cashews.

Continue reading "Monday's Food Recalls...." »

According to a lawsuit filed in Utah, a doctor committed suicide after "excessive, overreaching and abusive treatment" by the FBI and Bureau of Land Management toward the doctor. The doctor, his wife and their daughter were arrested for trafficking American Indian artifacts a few years ago. The doctor killed himself a day after being convicted of "the illegal possession of a 'bird effigy pendant' worth $1,000" in 2009.

This is an unfortunate case. You can't help but feel for almost anyone who commits suicide. It is such a terrible thing. That said, this lawsuit is going nowhere.

An Oatmeal recall is not something anyone would expect. But here we are. There is an oatmeal recall for some oatmeal products made with instant nonfat dried milk, whey protein, fruit stabilizers, and gums (thickening agents) manufactured by Plainview Milk Products Cooperative. The fear is that these recallled oatmeal products might be contaminated with salmonella.

In addition to Malt-O-Meal Hearty Traditions Maple & Brown Sugar Instant Oatmeal and other brands of instant oatmeal, other recall oatmeal products include some brands of non-fat dried milk powder, other drink mix products, and butter flavored toppings from Kroger. If you have any of these recalled products, get rid of them.

They oatmeal at issue comes in 13.8-ounce boxes with 10 instant oatmeal packets. It was distributed in stores in Alaska, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, and Wyoming.

Our lawyers are not handling oatmeal recall cases. Although obviously it is early, our lawyers do not think a lot of lawsuits are going to come out of this oatmeal recall.

Drug Recall Lawyer Blog (discussion of issues related to various recalls and drugs and medical devices under suspicion)

More details on the Oatmeal Recall

Right now, Medtronic lead lawyers are unable to buy a break in this litigation. The MDL court denied plaintiffs' motion to reconsider its summary judgment ruling in quite dismissive language. A sample:

Plaintiffs point to a litany of so-called errors in the Court's January 5, 2009 Order but when distilled to their essence Plaintiffs merely seek to relitigate issues addressed therein. Simply put, Plaintiffs' disappointment with the Order is not a valid basis to move to reconsider.

Ouch. The American Association for Justice's president Les Weisbord has an editorial in the New York Times that provides a solution to all of this:

In early January, the cases of 1,496 people with heart defibrillators attached by defective Medtronic leads were dismissed. The leads have been known to malfunction and send repeated shocks to patients, sometimes for hours. These people may have no legal remedy, while the manufacturer receives complete immunity. While the Obama administration can strengthen the F.D.A., Congress must reverse the Supreme Court’s decision in order to make sure negligent device manufacturers can be held accountable.

This is the best answer, one I'm not sure the MDL judge ruling against Medtronic victims would necessarily oppose. Hopefully, Congress is listening.

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."

Serious medical errors occurred an average of once every six days in Utah hospitals and surgical centers with 57 reported last year according to a recent study.

This is of no surprise to medical malpractice lawyer in Utah. Instead of blaming vicitims and malpractice lawyers, doctors and hospitals need to look at better systems and practices to reduce the number of serious medical malpractice injuries in Utah.

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.

The Utah Supreme Court reversed the lower court in a lawsuit filed on behalf of a 7-year-old son suffered a skull fracture when he was struck in the head with a hockey stick by an 8 year-old player. Utah's highest court found that an 8-year-old who struck the boy was less likely to appreciate the likelihood of causing serious injury; accordingly the incident could be construed as an accident instead of an intentional tort. The boy, through his mother, seeks damages from Safeco Insurance Co., the striking boy's family’s insurance carrier.

This boy suffered a serious head injury causing some brain damage. I would suspect this case will now settle for Safeco's policy limits.

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