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.

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.

The Minnesota Department of Agriculture (MDA) and the Minnesota Department of Health (MDH) are investigating illnesses that have affected at least six people, and are believed to be associated with a recent recall of organic shell eggs. The eggs were contaminated Salmonella Enteritidis, and were traced back by the MDA to Larry Schultz Organic Farm of Owatonna, where testing confirmed the presence of Salmonella Enteritidis. Larry Schultz Organic Farm has issued a voluntary recall of the tainted eggs. Eggs affected by this recall were distributed to restaurants, grocery stores, food wholesalers and foodservice companies in Minnesota, Wisconsin and Michigan.

Eggs from Larry Schultz Organic Farm are packaged under the following brand names:

• Lunds & Byerly’s Organic
• Kowalski’s Organic
• Larry Schultz Organic Farm

The eggs are packed in bulk and varying sizes of cartons (6-egg cartons, dozen egg cartons, 18-egg cartons). Cartons bearing Plant Number 0630 or a “Sell by” date are not included in this recall.

The individuals became ill between August 12 and September 24, and have occurred in both children and adults. Three of these people were hospitalized, but have since recovered.

There is a recall of more than 10,000 pounds of Lean Cuisine spaghetti and meat balls. I don't think this will be a federal case but the Lean Cuisines are reportedly studded with bits of hard plastic. The recall follows complaints from consumers in Minnesota, South Dakota and Wisconsin. Assuming these pieces are not large, you would not think this will be a huge problem.

These Lean Cuisines have the number "P-7991" and the case code "0298595519P," with a "best before" date of November, 2011. These Lean Cuisine spaghetti and meatballs entrees were packaged on October 25, 2010, and shipped to distributors and retail stores east of the Rocky Mountains.

The Wisconsin Supreme Court has found that a child lead based paint cannot sue the manufacturers for defectively designing a key ingredient.

The majority found that:

Lead is a characteristic ingredient of white lead carbonate pigment. By definition, white lead carbonate pigment contains lead. Removing lead from white lead carbonate pigment would transform it into a different product. Under these circumstances, we conclude that the design of white lead carbonate pigment is not defective.

Wisconsin’s Supreme rejected yestereday an accident lawsuit seeking damages on behalf of a high school cheerleader who suffered a serious head injury while cheering. The court's ruling found that the lawsuit was barred by Wisconsin law that prevents participants in contact sports from bringing claims for negligence that stop short of recklessness.

The notion that cheerleading is a contact sport is, of course, completely insane. Courts in their contempt for participant related sports injury lawsuits have stretched the line of what is a contact sport for years. But this is a new level of insanity in Wisconsin.

You can find an article on the case here.

A report released last week by the Manhattan Institute -- "Greater Justice, Lower Cost: How a 'Loser Pays' Rule Would Improve the American Legal System" -- says making personal injury lawsuit losers pay the winner's legal expenses would improve the fairness of our legal system.

"The integrity of our legal system is under assault. Establishing loser-pays rules and other tort reforms can help restore citizens' faith in the bedrock of society -- justice, fairness and the rule of law," former New York Mayor Rudy Giuliani write in the preface to the report. (With the election over, Giuliani is apparently capable of complete sentences that do not contain 9/11. I am a little surprised.)

I have not given the issue any thought. I think the problem is that it presents an intimidating bar for Plaintiff's who have been the victim of the neglignece of someone else in a case that is not clear cut. Do we want to discourage those suits?

A Crawford County, Wisconsin jury awared a brain damaged child and his family $11.4 million last week after a three-week medcial malpractice trial.

The article I have read did not break down the economic versus non-economic damages of the award. Wisconsin has a cap on pain and suffering damages in medical malpractice cases of $750,000.

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.

The Wisconsin District 4 Court of Appeals reinstated a lawsuit filed by the family of an ABC Sports cameraman who died five years ago while installing a camera before a college football game. A Dane County Circuit judge dismissed the case in 2006. According to the wrongful death lawsuit filed on behalf of the cameraman's family, the director of Camp Randall Stadium failed to install required railings on the platform on which the cameraman was working.

Wisconsin’s diploma privilege rule that allows law students who graduate from Wisconsin law school to become a lawyer without taking a bar exam has brought about a class action lawsuit by those left out. The lawsuit, that was certified by a Wisconsin judge this week, alleges that an out-of-Wisconsin law school graduate are denied due process because it treats students differently.

I think the world might be a slightly better place if people were not so concerned that someone else is "getting over." I just think the whole thing is silly.

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