Accident and Injury Lawyer Blog

A wrongful death lawsuit filed by the widow of a bus driver has come to a close, a month before it was scheduled to go to trial. The terms of the settlement are unknown.

The facts here are sad, as the accident could have completely been avoided. The story goes that a bus driver was traveling with a bus load of people when it struck a tractor-trailer that had overturned on the interstate. The driver was killed instantly, while 29 passengers were taken to the hospital.

The lawsuit accused the tractor-trailer driver of failing to use flares or emergency triangles to warn drivers that his truck was partially blocking the highway. The driver's employer was also named in the suit, alleging that the employer hired the driver with the knowledge that he had multiple traffic citations in his past.

The defense maintained that the driver of the tractor trailer, who had been driving for 11 straight hours, wasn’t able to set flares or emergency triangles because he was still trapped in the tractor trailer. The driver claimed to have swerved to the left to avoid deer on the highway, though an investigation showed that two troopers walked the area, but did not find any tracks in the snow.

Several passengers have also filed lawsuits, in which some have stated that the bus driver was driving too fast for the road conditions and appeared distracted during the drive.

Of note, the tractor-trailer company is no longer in business.

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

Cucumbers have been recalled after reports of a potential bacterial contamination. L&M Companies the recall for its whole cucumber product after the FDA informed the company that at least some of their cucumbers Salmonella.

Do you have cucumbers in your fridge subject to this recall? The recalled cucumbers have been distributed in different areas, namely: New York, Nebraska, Indiana, Texas, Illinois, Tennessee, Wyoming, and Florida (where the problem was found).

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.

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)

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