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

Butter - Another popular item at the Thanksgiving table recalled

Golden Glen Creamery of Washington state is recalling butter, produced on November 2, 2011, as it has the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.

21 - 4 oz. packages of Herbes de Provence Butter were available at the Whole Foods Market in Redmond, WA. 68 - 4 oz. packages of NW Mushroom Trio Butter were available at the Whole Foods Market in Redmond, WA, and at various Metropolitan Market locations in Washington. The recalled products were distributed between November 7, 2011 and November 28, 2011, and are in circulation to date.

The product is sold in 4 oz. plastic round containers. The labels read in part: “Herbes de Provence Butter”, or “Northwest Mushroom Trio Butter”, along with “GOLDEN GLEN CREAMERY”and“Natural handcrafted cheese produced by the Jensen ladies.” The top label on the products has a three-digit code “767.”

A surveillance sample, collected and analyzed by the Washington State Department of Agriculture was found to be positive for Listeria monocytogenes. The company has ceased the production and distribution of the product while an investigation as to what caused the problem continues.

To date, no illnesses have been reported.

• Canned Pumpkin Recall
• Cheese Recall - Concerns of Listeria monocytogenes
• Even More Sandwich Recalls
• Sandwiches Recalled - Concerns of Listeria monocytogenes

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.

United Natural Foods (UNFI) is recalling selected types of FoodMatch, Inc. Divina Stuffed Olives, as they have the potential to be contaminated with Clostridium botulinum, a bacterium which can cause life-threatening illness or death. These items have been recalled due to a lack of temperature control during the distribution process. UNFI inadvertently subjected the recall items to temperature ranges above those directed by the manufacturer.

The following products have been recalled:

• DIVINA 4 OZ OLIVES,FETA CHEESE STUFFED (blue and yellow label) UPC 63172352780
• DIVINA 4 OZ OLIVES,BLUE CHEESE STUFFED (blue label) UPC 63172352790

Divina Olives Stuffed with Feta Cheese were distributed to the Safeway stores identified below:

• #0583 1606 N Ave, Spearfish, South Dakota
• #1577 6520 S Academy Road, Colorado Springs, Colorado
• # 1615 3325 28th Street, Boulder, Colorado
• # 1644 7655 Mclaughlin Rd, Falcon, Colorado
• # 2761 1165 Main St, Lander, Wyoming
• # 2792 27152 Main St, Conifer, Colorado
• # 2910 1632 Hover Road, Longmont, Colorado
• # 0853 7625 Old Georgetown Road, Bethesda, Maryland
• # 0942 12 West Washington St, Middleburg, Virginia
• # 1283 8646 Richmond Highway, Alexandria, Virginia
• # 1606 9596 Old Keene Mill Rd, Burke, Virginia
• # 1668 5510 Norbeck Road, Rockville, Maryland
• # 1956 14939 Shady Grove Road, Rockville, Maryland
• # 2650 43150 Broadlands Plaza, Ashburn, Virginia
• # 4002 5727 Burke Center, Burke, Virginia
• # 4205 415 14th Street SE, Washington, D.C.

Date codes Best Used By: 11 JAN 2012 and Best Used By: 1 FEB 2012 sold at other retail outlets have not been affected because the products were not exposed to a lack of refrigeration controls.

Divina Olives Stuffed with Blue Cheese were distributed to the following states: Alaska, Washington, Oregon, California, Arizona, Nevada, South Dakota, Colorado, Wyoming, Maryland, Pennsylvania, Virginia, and Washington DC through the following retail stores:

• Genuardis
• Carrs
• Safeway
• Pavilion
• Vons

Best Used By: 11 JAN 2012, Best Used By: 15 DEC 2011, Best Used By: 30 DEC 2011, Best Used By: 1 FEB 2012

These date codes sold at other retail outlets have not been affected because the products were not exposed to a lack of refrigeration controls.

No illnesses have been reported to date.

• Recall on Stuffed Bio Gaudiano Brand Organic Olives

Recalled for potential contamination

Foremost Foods, International has issued a recall on certain Pangasinan brand smoked seafood products, as they have the potential to be contaminated with Clostridium botulinum ("Botulism"), a bacterium which can cause life-threatening illness or death. The products were manufactured by FITRITE Incorporated of the Philippines.

Botulism is as bad as its name. It is a potentially fatal form of food poisoning. Botulism can cause many different symptoms, including general weakness, dizziness, double-vision and trouble with speaking or swallowing, difficulty in breathing, weakness of other muscles, abdominal distension and/or constipation. People experiencing these problems should seek immediate medical attention.

The affected Pangasinan brand smoked seafood products were distributed in the States of California, Nevada, and Washington through Seafood City and Manila Seafood retail stores. This recall involves products sold between March, 2010 and October, 2011. The products are sold in a clear vacuum packed plastic package and marked with the specific descriptions:

• UPC Code: 2239257451 PANGASINAN Roundscad Smoked Galunggong 60 6 oz
• UPC Code: 2239257470 PANGASINAN Mackerel Smoked Hasa Hasa 60 6 oz

The recall was initiated after the FDA sampled the product and found it to be partially uneviscerated. Consumers are warned not to use the product even if it does not look or smell spoiled. I think that, ah, anyone that learns of this recall will comply.

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

Plaintiffs' recently lost a popcorn bronchiolitis obliterans case on summary judgment.

Bronchiolitis obliterans (also called, annoyingly to me, "BO") is a relatively uncommon, severe lung disease characterized by two awful effects: (1) obstruction to airflow; and (2) air trapping/hyperinflation.

The lawsuit against ConAgra Foods claimed that a man developed bronchiolitis obliterans, severe and progressive damage to the respiratory system, extreme shortness of breath and reduced life expectancy as a result of exposure to diacetyl in the artificial butter flavoring of popcorn. Plaintiff claimed a stunning popcorn addiction: five to seven bags of microwave popcorn daily for approximately 11 years.

Continue reading "Popcorn Bronchiolitis Obliterans Lawsuit: Lost on Summary Judgment in Washington" »

A wrongful death lawsuit has been filed in Washington after the death of a man from a dog bite. The victim died after complications from a bacterial infection from the bite. As many states require, the suit alleges that this is not the dog's first offense. Plaintiffs claim the owner knew or should have known the dog was dangerous and kept him on a leash.

According to the Centers for Disease Control, nearly 5 million people are bitten by dogs each year, a figure that includes a lot of minor bites that are forgotten moments later. But approximately 1,000 people go to the emergency room every single day from dog bite injuries. That is a pretty incredible statistic when you think about it. That's 20 people a day in every state. It is easy to blame the dog but dogs are animals. They are going to react to certain situations with aggression and the degree of the risk of this happening depends on the dog. If you own a dog, you have an obligation to know the degree of risk your pet poses and what his or her tendencies are. Many people have very aggressive dogs and never have any incidents resulting in harm because they know their dogs and take the proper precautions. Too many dog bites occur because people don't know their dogs and don't act responsibly.

The family of a mentally ill man who fell 20 feet from a hospital window reached a $1.3 million settlement with Pierce County, Wash. The inadequate supervision lawsuit filed by the family alleged that Puget Sound Hospital should have better supervised the victim, who suffered serious and multiple fractures from the fall.

If you have a potential inadequate supervision lawsuit, call 800-553-8082 or get a free online consultation.

A Saratoga County, Washington jury awarded $43.5 million last week to a woman who sued the former Bellevue Maternity Hospital in Niskayuna for severe brain damage she suffered during her birth in 1984.

While the Plaintiff is blessed with above-average intelligence with a degree from Arizona State University, she uses a wheelchair and lacks motor skills due to the brain damage from cerebral palsy.

How does a cerebral palsy case with such tremendous upside go to trial? Defendant's cerebral palsy lawyer reportedly turned down a high/low of $2 million/$300,000. Usually, cerebral palsy cases go to trial because one side miscalculates, which appears to be the case by the hospital in this case.

You can read more about this case here.

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.

Medical personnel responding to a 8 year-old's injuries by an exploding cannon at a Fourth of July celebration in Washington were negligent in his death, according to a Complaint filed by his family's malpractice lawyers. The lawsuit alleges that the responders were improperly trained and should not have canceled a previously requested medical airlift. The boy died after being struck by shrapnel from an 18-inch cannon fired by his grandfather.

These are tough cases because the laws in most jurisdictions are set up to give medical personnel responding to an emergency more discretion. I don't agree with this - like emergency room doctors, the law takes into account the exigency of the moment. In Washington, gross negligence is required to bring a claim against emergency personnel.

Related Posts:

Article on Case From Seattle Times (story on lawsuit)

Maryland Lawsuits Regarding Emergency Vehicles (immunity from liability provided in Maryland accident and medical malpractice cases)

Max Myers' Washington Injury Lawyer Blog report on a $4.2 million verdict in King County jury in a birth injury case.

Extendicare, a group of Washington nursing homes, is the defendant in a nursing home lawsuit alleging it took on way too many patients to provide adaquate care. Paintiffs' nursing home also say that Extendicare violated a Washington law that bars nursing homes from making its clients sign a form waiving liability for Extendicare's negligence.

Plaintiffs in this nursing home case a man whose daughter died at Aldercrest Health & Rehabilitation Center in Edmonds and two other residents.

You can find the article here.

The Washington Supreme Court this week overruled a trial court’s summary judgment against the family of a man whose brain was harvested for mental-health research when he died can pursue a lawsuit against the county medical examiner, and the Stanley Medical Research Institute of Maryland.

The case involves a man who tragically died heart problems in 2003 shortly after his 21st birthday. Obviously a young man who cared about other people, he was an organ donor. His parents consented to provide brain tissue to the nonprofit. Instead of taking a small tissue sample, however, the King County Medical Examiner's office – presumably by accident - provided the young man’s entire brain.

The injury to the family is the emotional distress the taking of the brain caused them. I could not possibly feel more for this family. There is nothing worse than burying your child. But I do not support this lawsuit.

The Court of Appeals of Washington in Shoemake v. Ferrer, 182 P.3rd 992 (2008) considered an interested argument by a defendant in a legal malpractice case. The Defendant lawyers blew a statute of limitations by two days in a serious head on car accident collusion case with a drug driver. This was a guy that really needed a car accident lawyer in Washington that was competent to handle his case.

The problem was that he apparently did not find a competent car accident attorney. Instead, he found a lawyer that ignored State’s Farm’s $ 100,000 offer to pay on Plaintiff’s uninsured motorist claim because he was “was unsure of the legal ramifications of accepting that payment.” The lesson, as always: if you are not qualified to handle a serious car accident case, don’t to it. So many lawyers who don’t handle car accident claims regularly think that they can. It sounds so easy, they think. It is not.

But that is not what is interesting about the case. What is interesting is the Defendant contended successfully to the trial judge that the negligent car accident lawyers were entitled to have the damages awarded reduced by the amount stated in the lawyer’s contingency fee agreement with the client.

That’s pretty outrageous when you think about it. What these lawyers are arguing is that the client, who got creamed by a drunk driver, should have to pay the 40% contingency fee twice, once to him and once to the lawyer he had to sure for legal malpractice. This would knock the victim’s recovery back to 36%. Insane.

The Washington Court of Appeals in Shoemake agreed, citing supporting case law in California, Colorado, Pennsylvania, and Minnesota that the client should not be required to pay attorneys’ fees twice for the same recovery.

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