Massachusetts Injury Lawyer Blog

The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) has announced that Daniele International, with operations in Rhode Island, has recalled 1,240,000 lbs of ready-to-eat Italian sausage products currently in commerce due to risk of salmonella contamination. The recalled products include salami coated with black pepper.

The recall is the result of a multi-agency investigation into a salmonella breakout in several states. While searching for the defective food agent causing the outbreak, FSIS discovered a strain of salmonella in a Daniele International sample product.  The tested product is similar to what people reported eating prior to becoming ill, but a direct link has not been established. 

The strain of salmonella found in the tested product does not match the strain being investigated.   In addition to recalling the ready-to-eat products, Daniele International presented information to FSIS and voluntarily recalled all products in commerce associated with black pepper, which the company believes is a possible source of contamination. 

Eating products contaminated with salmonella can cause salmonellosis, one of the most common bacterial foodborne illnesses.  The symptoms of salmonellosis include diarrhea, abdominable cramps, and fever within 8 to 72 hours of comsumption.  Additional symptoms may be chills, headache, nausea, and vomiting for up to a week.  Salmonella infections can be life-threatening to those with weak immune systems, such as infants, the elderly, and persons with HIV infection or undergoing chemotherapy.

The specific products recalled all carry a USDA mark of inspection bearing establishment numbers "EST. 9992" or "EST. 54.".  The following products can be returned to the retailer for a full refund:

For more information on the on-going investigation into the multi-state salmonella investigation, see the Center for Disease Control's website.  For a list of retailers that sold recalled products, see the FSIS recall website.  Consumers with questions about food safety can ask a virtual FSIS representative on the Ask Karen website.  Live chat services are available Monday through Friday, 10:00 a.m. - 4:00 p.m. Eastern Time (except Federal Holidays).

Continue reading "Massachusetts Consumers: Take Care in the Deli Department--Rhode Island Company Recalls Salami Products Due to Salmonella Risk" »

The Federal Government is taking a firm stand against the dangers caused by texting drivers. U.S. Transportation Secretary Ray LaHood announced Tuesday that, effective immediately, commercial bus and truck drivers are prohibited from texting while driving. Texting truck and bus drivers face civil or criminal penalties of up to $2,750. 

The goal of the new law is to reduce truck accidents and motor vehicle accidents caused by distracted driving.  According to the Federal Motor Carrier Safety Administration, drivers take their eyes off the road for an average of 4.6 seconds out of every six seconds while texting.  This means drivers who text are more than 20 times more likely to get in an accident than nondistracted drivers.

This is not the first move that the government has made to reduce the dangers of texting drivers.  Nineteen states have passed laws banning texting while driving.  President Obama has also signed an executive order requiring federal employees not to text while driving government-owned vehicles or with government-owned equipment. 

The attention on texting comes after several high profile accidents caused by texting motor vehicle operators.  In September 2008, a California commuter train engineer missed a stop signal while trading text messages with a friend, leading to a train accident resulting in the wrongful death of 25 people.  In May 2009, 62 people suffered personal injury after a Massachusetts Bay Transportation Authority trolley driver collided with another trolley while texting.

For more information about the dangers of distracted driving, see the Transportation Department's website www.distraction.gov.

Continue reading "New Law Against Texting Intended to Reduce Distracted Driving and Truck Accidents--Rule Should Improve Safety for Massachusetts Drivers" »

Toyota has issued another recall affecting millions of its popular vehicles due to acceleration problems caused by sticking gas pedals which are known to have caused serious personal injury and several deaths. In addition, Toyota has halted sales and will halt production of several product lines until it designs a fix for the product defect. This recall seriously affects Toyota's reputation for safety and reliability. It also affects tens of thousands of Massachusetts drivers who own the defective Toyotas. It also affects others on the highway who may be struck by a runaway vehicle.

Toyota announced the voluntary recall last Thursday, which includes about 2.3 million vehicles, "to correct sticking accelerator pedals on specific Toyota Division models."  The sticking pedals may fail to return, or return slowly, to the idle position, causing the cars to accelerate or maintain a high speed unexpectedly.

The recall comes after a recall on floor mats in September 2009 affecting 3.8 million vehicles. That recall was found to be insufficient to solve the accelerator problems. Investigators realized the product defect included more than just the floor mats after a family of four suffered wrongful deaths when their Avalon crashed into a lake. The floor mats were discovered in the trunk of that car.

In November 2009, the National Highway Traffic Safety Administration (NHTSA) called the removal of the offending floor mats an interim measure only, and said, "This remedy does not correct the underlying defect in the vehicles involving the potential for entrapment of the accelerator by floor mats, which is related to accelerator and floor pan design."

Unfortunately, Toyota has not yet proposed a plan to fix its millions of defective vehicles.

Massachusetts consumers who experience gas pedal problems are advised to apply firm pressure to the brake, and to pull off the road as soon as that can be done safely. The car should not be driven. In an emergency, the car can be put into neutral or the key turned to off. Push-button start controls can be turned off if the button is depressed for several seconds.

Models affected by the recall include:

• 2009-2010 RAV4


• 2009-2010 Corolla


• 2007-2010 Camry


• 2009-2010 Matrix


• 2005-2010 Avalon


• 2010 Highlander


• 2007-2010 Tundra


• 2008-2010 Sequoia.

Toyota customers affected by this recall should call the Toyota "Customer Experience Center" at 1-800-331-4331 with questions or concerns.

Continue reading "Huge Toyota Recall Affects Thousands of Massachusetts Drivers--Defective Gas Pedals May Cause Runaway Acceleration" »

A commonly prescribed class of antibiotics have been issued the strongest available warning by the Food and Drug Administration (FDA) due to the risk of potentially debilitating personal injury. Levaquin (levofloxicin) and Cipro (ciprofloxacin) are in the class of antibiotics, called fluoroquinolones, and are used to treat illnesses like sinus infections, urinary tract infections, pneumonia, kidney infections and several types of skin infections. People using Levaquin and other fluoroquinolones are at increased risk for tendonitis and tendon ruptures, especially those over 50 years of age, those taking steroids, or people that have had a lung, kidney or heart transplant.  Tendonitis and tendon ruptures have also been reported in people without elevated risk factors, and can even occur months after discontinuing the drug.

The most commonly reported tendon injuries have occured in the Achilles tendon, but ruptures have also occurred in the rotator cuff, hand, and tendons in other parts of the body. Tendon injuries can be extremely painful, are potentially debilitating, and may require surgery to correct. People using fluoroquinolones should seek medical attention if they have bruising in the tendon area after a possible injury, hear or feel a pop or snap, are unable to put weight on an injured area, or have other reason to believe that a tendon is not functioning properly. 

Flouroquinolones have also been linked to other serious side effects and personal injuries, such as renal failure, and users have reported side effects that feel like fibromyalgia and chronic fatigue syndrome.  Some people experience an alleviation of side effects shortly after stopping use of the antibiotic.  Others experience long-term or even permanent side effects.  While sometimes the use of fluoroquinolones cannot be avoided, patients should inquire into alternative medications. 

To report an adverse effect resulting from the use of Levaquin or another fluoroquinolone antibiotic, call the FDA MedWatch program at 1-800-FDA-1088 or visit the MedWatch website.

Continue reading "Massachusetts Consumers Should Take Care If Using Certain Antibiotics--FDA Warns of Tendon Trouble" »

Graco Children's Products of Atlanta, Georgia, has recalled approximately 1.5 million baby strollers which may cause finger amputations in small children. The company is offering a free repair kit to eliminate the hazard caused by the defective product.

The defective strollers were sold throughout Massachusetts at stores such as Burlington Coat Factory, Babies "R" Us, Toys "R" Us, K-Mart, Sears, Target, Wal-mart. The defective products affected include the following stroller lines: Graco's Passage, Alano and Spree Strollers and Travel Systems.

The defective strollers are known to have caused at least five fingertip amputations and other personal injuries in children who got their fingers caught in the stroller's canopy hinge mechanisms.

For more information relating to this product liability issue, please see the Consumer Product Safety Commission's official recall notice.

Continue reading "Baby Stroller Recall Affects Massachusetts Consumers" »

One of the leading causes of motor vehicle accidents for Massachusetts drivers may be the device in the driver's pocket.  A recent Harvard University study concluded that 2,600 wrongful deaths and 570,000 personal injuries are caused each year by cell phone distractions. According to a Virginia Tech study, drivers using cell phones are more impaired than a legally drunk driver.  Despite the known dangers of in-car electronics, car makers are taking driver distractions one step further with in-car "infotainment" systems.   

As recently unveiled at the 2010 Consumer Electronics Show, car makers and internet companies are teaming up to equip cars with interactive screens on the dashboard that display maps, videos, and internet sites.  Safety advocates are concerned about the risk of car accidents and pedestrian accidents caused by distracted drivers watching the screen instead of the road.  A recent New York Times article on these new systems discusses how the danger of crashing dramatically increases when a motorist looks at a screen, even a GPS screen. 

Car makers assure that safety mechanisms will be in place to minimize the risk of driver distractions, such as voice controls or blocking internet use when the car is in motion.  However, some safety advocates are questioning whether car manufacturers are placing profit concerns above safety. It only takes two seconds for the likelihood of a crash to increase exponentially.   

Continue reading "In-car Electronics Create Distractions and Impair Driving" »

Pedestrian accidents at crosswalks cause some of the most serious personal injuries, including spinal cord injury, and wrongful death.  In 2006, pedestrian accidents accounted for 14% of roadway fatalities in Massachusetts.  Public education campaigns and strict traffic laws have not prevented the death toll from climbing.  However, new technology may be the solution for preventing many pedestrian accidents.

Communities across the country, including some in Massachusetts, have started installing "in roadway warning light systems" or IRWLs, at dangerous crosswalks.  Flashing beacons are installed on the side of the road, in the crosswalk pavement, or in an overhead mast.  When a pedestrian activates the system, either by automatic detection or manually, lights flash outwards toward the approaching vehicle.  As an intentional design factor intended to prevent a feeling of false security, pedestrians cannot see the flashing lights.  Studies have shown these IRWL enhanced crosswalk systems are effective in reducing pedestrian accidents. 

Pedestrians can protect themselves further by being aware of whether they or motorists have the right-of-way.  Massachusetts laws and regulations set forth the rights-of-way of pedestrians and motorists where traffic control signals are not present.  Where a pedestrian is crossing at a crosswalk where no traffic control signals are in operation, Massachusetts law requires that motorists must yield to the pedestrian.  Pedestrians crossing at a point in a road that does not have a crosswalk must yield to the right-of-way of motorists.  Further, once they being to cross, pedestrians should continue to look in the direction of on-coming or turning traffic. Pedestrians should always face the on-coming traffic when walking or running in the road.

The Pedestrian and Bicycle Information Center has additional information on pedestrian and bicycle safety. 

Continue reading "New Technology Prevents Pedestrian Accidents and Saves Lives In Massachusetts" »