Safety
Lettuce Recall Affects 23 States, Including Massachusetts
Another recent recall of fresh produce highlights the importance of safe food handling and rinsing even pre-washed produce. Freshway Foods of Ohio has announced a voluntary recall of romaine lettuce after reports of food borne illnesses from possible E.coli contamination. The New York State Public Health Laboratory found E.coli 0145 in an unopened recalled bag of shredded romaine. Products affected include bags of shredded romaine lettuce with “best if used by” dates prior to May 12; bags with “best if used by” dates of after May 12 are not affected. Freshway Foods sold the recalled products to wholesalers, food service outlets and some in-store deli and salad bars in Alabama, Connecticut, Washington DC, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia, and Wisconsin. Although these products are now off the shelves, consumers should make sure they throw away any remaining products in their homes.
Nineteen cases of illness resulting from E.coli 0145 have been reported from Michigan, New York, and Ohio; twelve of these cases required hospitalization. Symptoms of foodborne illness caused by E.coli can range from nothing to acute stomach cramps and diarrhea to kidney damage. Three of the reported cases involved a life threatening complication called hemolytic uremic syndrome which causes blocked circulation or bleeding in the brain or kidneys. People experiencing a diarrheal illness with high fever, bloody stool, prolonged vomiting that could cause dehydration, symptoms of dehydration, or if the diarrheal illness lasts longer than three days should seek medical attention.
How to Protect Yourself
Consumers can protect themselves from foodborne illness by taking simple precautions. Cook meat and eggs thoroughly, using an internal thermometer. Avoid cross contamination by keeping raw meat and eggs away from vegetables and cooked foods and washing all surfaces that come into contact with raw products thoroughly. Chill leftovers promptly if they are not going to be eaten within four hours. Handle produce with clean hands and always rinse produce, even produce that has been pre-washed, and remove the outer leaves of lettuce and cabbage. Finally, report incidents of foodborne illness to your local health department.
For more information on this specific recall, read this article on Time.com. For more information about foodborne illnesses in general, see the CDC web pages on food safety. For more information on E.coli specifically, see the CDC’s web page on E.coli.
Parents Advised to Check Medicine After Children Tylenol Recall
Parents are advised to stop using 43 popular over-the-counter medications for children following a widespread product safety recall involving liquid Tylenol, Motrin and Benadryl.
McNeil Consumer Healthcare, a division of Johnson & Johnson, voluntarily recalled the medications last Friday after the Food & Drug Administration (FDA) uncovered manufacturing deficiencies at the company’s plant in Fort Washington, Pennsylvania.
The product safety recall impacts consumers in Massachusetts, the rest of the United States, U.S. territories and nine other countries.
“While Tylenol has historically been a safe and effective product for children, parents are urged to use particular caution in giving it to their children at this time based upon the information received from the FDA,” Boston attorney Ronald Gluck said.
McNeil said some of the recalled products may contain a higher concentration of the active ingredient than is specified while others may contain inactive ingredients that do not meet internal testing requirements. Other medications may contain tiny particles.
The FDA advised parents to discontinue use of the recalled medications, although said it was unaware of any reports of illness. A spokesman for McNeil told The New York Times this weekend the company had received consumer complaints involving some of the recalled medications, but the recall was not issued on “the basis of adverse medical events.”
McNeil has suspended production at the facility while the FDA investigates.
The recalled medicines include various flavors of liquid Tylenol, Motrin and Benadryl for children and infants. Several types of children’s Zyrtec were also recalled.
The FDA advised parents to ask their pharmacists for alternative medicine options and cautioned them against giving adult versions of medications to children. Consumers with the recalled medications can also obtain a refund or coupon from the McNeil Product Recall website.
Read the full McNeil Product Recall list here.
McNeil has been involved with three major Tylenol recalls since 2008. In January, the company removed 51 types of Tylenol from the shelves after consumer complaints about vomiting, diarrhea and other symptoms. All but two of the recalled medications were for adults.The company said some of the medications had been contaminated by trace amounts of a chemical sometimes used for shipping and storage.
In 2008, McNeil recalled 21 types of children’s and infants’ Tylenol liquid products, saying an active ingredient did not meet all quality standards.
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Boston Bike Safety Gets Much-Needed Attention During Summit
Boston bicycle safety has markedly improved over the past two years with several new safety initiatives, including the creation of new bike lanes, publication of the city’s first biking map and installation of hundreds of bike racks.
But Boston bike safety is back in focus this month after three bicycle accidents within the city, including one fatal bike accident that claimed the life of a 22-year-old cyclist and another causing serious personal injuries.
“The biggest problem compared to other cities I’ve ridden in … whether people are biking, walking or driving around the city, everyone has this ‘me first’ attitude,” David Watson, executive director of the Massachusetts Bicycle Coalition, recently told the Boston Metro newspaper. “That’s a huge issue – changing the way everybody thinks.”
We applaud Boston Mayor Thomas M. Menino for calling the city’s first Bicycling Safety Summit after the accidents to provide bicyclists and city officials a chance to discuss ways to prevent bicycle accidents in Boston.
The reality is that both drivers and bicyclists need to take responsibility for co-existing with each other, along with walkers. This means education, especially considering the fact that the laws governing bicycling were amended by the Massachusetts legislature in 2009. Drivers still need to learn their new responsibilities when overtaking cyclists, when turning, and when opening doors in traffic.
For anyone thinking about enjoying the city on two bicycle wheels this summer, we encourage you to register for one of the Massachusetts Bicycle Coalition’s upcoming bike safety classes on May 6 or May 19 at City Hall. The move could save a life.
Our firm supports cycling programs and bicycle safety in Massachusetts. We are proud supporters of MassBike, the Northeast Bicycle Club, the Charles River Wheelmen, Bikes Not Bombs and the New England Mountain Bike Association.
Boston Personal Injury Attorneys Urge Residents to Seek Loaner Lexus SUVs As Toyota Conducts Retesting Following Safety Warning
As Toyota suspends sales of the 2010 Lexus GX 460 amid motor vehicle safety questions, concerned drivers can find relief by requesting a loaner sports utility vehicle.
Toyota – already forced recently to recall 2.3 million vehicles over motor vehicle safety defects – halted sales this week after Consumer Reports issued a “Don’t Buy: Safety Risk,” warning because tests revealed handling problems with the electronic stability control. The magazine is concerned about potential motor vehicle accidents and motor vehicle rollovers. No motor vehicle accidents involving personal injuries or deaths have been reported, but the magazine’s “don’t buy” warning is its first in nearly a decade for a motor vehicle.
“Drivers are facing an extraordinary number of recalls, mostly from Toyota,” said Boston personal injury attorney David W. White of Breakstone, White & Gluck. “Massachusetts residents should immediately seek repairs or loaner vehicles to protect themselves, their families, and other drivers.”
Lexus will provide a loaner vehicle for any customer who has bought a 2010 Lexus GX 460 since the vehicle’s December release. Customers can call Lexus at 800-255-3987. Lexus has sold about 5,000 vehicles since the Lexus GX 460 was released.
Toyota has suspended sales and production of the Lexus 460 as it tests all its Lexus and Toyota SUVs following the Consumer Reports warning. The carmaker said its engineers previously found no issues with motor vehicle safety, but are now trying to duplicate Consumer Reports’ testing to correct the product safety rating.
Toyota recalled 2.3 million vehicles in January for a so-called “sticky pedal defect.” The National Highway Traffic Safety Administration (NHTSA) is now seeking the maximum civil penalty of $16.375 million against Toyota for failing to notify the government agency for at least four months about the product safety defect. Government officials say company officials knew about the potential risk to consumers.
The penalty being sought against Toyota would be the largest civil penalty ever assessed against an auto manufacturer by NHTSA.
For assistance with a product liability case or case involving a wrongful death or personal injury, contact the experienced attorneys at the Boston firm of Breakstone, White and Gluck. The lawyers have over three decades of experience with motor vehicle accident lawsuits and truck accident lawsuits. To consult with a professional and experienced attorney, call 800 379 1244.
Tired Truckers and Truck Accidents May Be Reduced with New Regulations—Massachusetts Highways Should Be Safer
A lawsuit over tired truck driving may eliminate an embattled rule that concerns safety advocates about the risk of truck accidents, motor vehicle accidents and wrongful deaths on the nation’s roadways.
Since 2004, advocacy groups have been battling an hours-of-service rule passed by the Bush administration that increased the maximum number of consecutive hours a trucker could work from ten to eleven and decreased the rest and recovery time from fifty hours to thirty-four. Safety advocates claim that the changes are likely to lead to more motor vehicle accidents, serious personal injuries and wrongful deaths.
Twice, advocacy groups have successfully challenged the rule in court just to have the administration reissue the same rule. In 2004, the court vacated the hours-of-service rule on the grounds that the government did not adequately consider the effects of longer driving hours on individual truck driver welfare and public safety. In 2007, the court vacated the rule again because the agency did not allow public notice and comment on the new crash risk analysis used as justification to reissue the same rule.
Advocacy groups brought a third lawsuit in 2009 and will finally see an outcome. As part of a legal settlement, the Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA) have agreed to redraft the existing hours-of-service rule. In January, the agencies held several sessions around the country to gather public comment.
As they start work, safety advocates hope that the new rule will reflect the dangerous reality of tired truckers. The deaths and personal injuries caused by drivers falling asleep in the cab can be catastrophic for truck drivers and people on the road.
The U.S. National Transportation Safety Board points to driver fatigue as a likely factor in twenty to forty percent of truck crashes. Safety advocates, including members of Parents Against Tired Truckers and Citizens for Reliable and Safe Highways, applaud the settlement as a step in the right direction towards safe roads.
There are typically over 1,000 Massachusetts truck accidents every year, nearly half of which involve out-of-state motor carriers. In 2006, 34 people were killed in Massachusetts trucking accidents.
For more information on the regulations, see the FMCSA website. The Truck Safety Coalition has a collection of stories and press releases on the hours-of-service rule and trucker fatigue.
Contact Breakstone, White & Gluck now
If you need assistance with a case involving a wrongful death or personal injury as the result of a truck accident, please contact the Boston law firm of Breakstone, White and Gluck. We have a long record of proven results. An experienced attorney is available for a free consultation by calling 800-379-1244 or contacting us online.
FDA Taking a Closer Look at the Health Effects of a Widespread Household Chemical
The US Food and Drug Administration (FDA) is looking into the health effects of a common chemical called triclosan, which is found in certain soaps, toothpaste, shower curtains and gym socks. The FDA is investigating scientific data indicating that the chemical causes hormonal changes in lab animals. Triclosan is added to products to reduce or inhibit bacteria growth and was originally used as a surgical scrub. At this time, the FDA has not recommended that consumers change products but has said that consumers concerned about using soap with triclosan can use regular soap. Concerned consumers can check product labels for triclosan.
Scientific data has shown that triclosan acts as an endocrine disruptor in lab animals. In humans, endocrine disruptors can increase the risk of developmental problems in fetuses and young children. Bishpenol A, known commonly as BPA, another endocrine disruptor found in some plastics, is banned in some states and has been voluntarily removed from shelves by some retailers. Triclosan’s use has increased over the past decade, especially as consumers seek to prevent the cold and flu. Additionally, a report by the US Geological Society found that between 1999 and 2000, triclosan was found in 60% of streams.
The FDA is not the only entity taking action. Representative Edward J. Markey is calling on the federal government to ban triclosan in products used to wash hands, prepare food, or products marketed to children. Additionally, he is filing legislation to speed up the process of evaluating and regulating potentially harmful products.
For more information on triclosan, see this Boston Globe article and the FDA’s website.
After Three Infant Deaths, Company Recalls Baby Sling– Massachusetts Residents Should Take Warning
The US Consumer Product Safety Commission (CPSC), in cooperation with Infantino LLC of San Diego, have announced a free replacement program for two models of defective infant slings. One million of the defective products are being recalled after the three wrongful deaths of infants due to incidents of suffocation. CPSC is aware of the deaths of a seven week old in Philadelphia, a six day old in Salem, OR, and a three month old and Cincinatti, OH. CPSC advises consumers to immediately stop using these slings for infants younger than four months of age due to a risk of suffocation and contact Infantino for a free replacement product. 
The affected sling models are the “SlingRider” and the “Wendy Bellissimo.” Infantino LLC sold the slings in the United States from January 2003 through March 2010 at Walmart, Burlington Coat Factory, Target, Babies “R” Us, BJ’s Wholesale, various baby and children’s stores and other retailers nationwide, and on Amazon.com, for between $25 and $30. The slings were manufactured in China and Thailand. Consumers should contact Infantino to receive a free replacement product.
CPCS has also released a general warning about sling carriers for babies as they pose two risks of suffocation. The sling’s fabric can press against an infant’s nose and mouth, blocking the baby’s breathing. Additionally, where a sling keeps the infant in a curled position bending the chin toward the chest, the airways can be restricted. CPCS is working with concerned companies to develop safety standards for baby slings.
For information on obtaining a free replacement product, visit www.infantino.com.
To report an incident involving a recalled product, file an incident report at https://www.cpsc.gov/cgibin/incident.aspx.
For more information on the CPCS warning, see the CPCS website. For more information on this specific recall, see this press release. Read More
Big Dig Handrails Under Scrutiny After Massachusetts Drivers’ Deaths
Lawmakers and individuals are calling for change after seven deadly Big Dig crashes have been linked to handrails in the tunnels. State Senate President Therese Murphy has requested that the Department of Transportation, which overseas the tunnel system, review the handrails’ design and safety. Between 2004 and 2008, seven of the nine fatal accidents in the Big Dig were the result of vehicles hitting the handrails. Most crash victims were dismembered. The handrails line about six miles of the Big Dig on elevated walkways and are designed to prevent workers from tumbling into traffic.
The handrails are also the subject of litigation in Suffolk Superior Court. The widow of State Trooper Vincent Cila, who was killed after hitting a handrail post while on a motorcycle in 2005, has filed a wrongful death suit against multiple parties, including the state Turnpike Authority. The defendants assert that the handrails meet all applicable safety standards and regulations.
Despite assertions to the handrails’ safety, relatives and friends of crash victims are calling for the handrail design to be changed. Experts consulted by the Boston Globe said that the handrails are flawed. The horizontal rails are spaced far apart, allowing motorists to become entangled, and the rails are only three feet above the road, at head level. However, handrail design may not be solely to blame for the grisly crashes. Many of the drivers killed were speeding or not wearing seatbelts.
For assistance with a motor vehicle accident, truck accident, or wrongful death case, please contact the attorneys at the Boston law firm of Breakstone, White and Gluck. The lawyers have over 80 years of experience with litigating in state and federal court, at the trial and appellate level. To consult with an experienced attorney, call 800 379 1244 or visit the firm’s website.
Children’s Sweatshirts and Jackets Recalled due to Strangulation Risk–Massachusetts Parents Take Warning
Four companies are voluntarily recalling children’s hooded sweatshirts and jackets due to the danger of children suffering personal injuries or death. The recalled garments all have drawstrings through the hoods that pose a strangulation hazard for children. All four companies are cooperating with the US Consumer Product Safety Commission (CPSC). Baycreek Inc. of New York, NY is recalling 1,900 hooded sweatshirts. Weeplay Kids LLC of New York, NY is recalling 11,800 hooded sweatshirts. Bobens Trading Co., Inc. of Hicksville, NY is recalling 3,900 hooded sweatshirts and Franshaw, Inc. of New York, NY is recalling 2,400 hooded jackets; both companies’ recalled garments are sold exclusively at Burlington Coat Factory. No injuries or incidents have yet been reported.
To eliminate the risk of danger, parents should either remove the drawstring from the hood, or return the garment to the place of purchase or the manufacturer for a full refund. The CPSC issued guidelines in 1996 for children’s upper outerwear and the industry voluntarily incorporated these standards in 1997. The guidelines provide additional information and advice on how to eliminate the risk of strangulation from hooded outerwear.
To report an incident involving one of these garments, or a similar garment, file a consumer product incident report with CPSC.
For more information on the Weeplay Kids recall, see http://www.cpsc.gov/cpscpub/prerel/prhtml10/10142.html
For more information on the Baycreek recall, see http://www.cpsc.gov/cpscpub/prerel/prhtml10/10144.html
For more information on the Bobens Trading Co recall, see http://www.cpsc.gov/cpscpub/prerel/prhtml10/10140.html
For more information on the Franshaw recall, see http://www.cpsc.gov/cpscpub/prerel/prhtml10/10143.html
AstraZeneca Facing Over 25,000 Lawsuits–Antipsychotic Drug Claimed to Cause Diabetes
AstraZeneca is preparing for a products liability trial next week over claims that their antipsychotic medication Seroquel causes diabetes. About 26,000 lawsuits have been filed against the drugmaker, with one of many trials set for February 16th in New Jersey. That trial will be the first of thousands filed in New Jersey alone. Seroquel is the UK-based drugmaker’s second most popular drug after Nexium, the well known heartburn relief medication, and is used to treat bipolar disorder and depression. AstraZeneca claims that the plaintiffs’ evidence is insufficient to show that the drug was responsible for their alleged personal injuries.
In January, U.S. District Judge Anne Conway, who is overseeing all federal Seroquel litigation, ordered the parties to attend mediation. The parties were unable to reach a settlement agreement after two days of talks. The mediator, George Washington University Law Professor Stephen Saltzberg, said he expects further settlement negotiations to occur. Judge Conway, who sits in Florida, has said that she will ask a panel of judges to return the 6,000 consolidated cases scheduled to come before her to their resident states, adding to the litigation headache.
Seroquel was introduced in 1997 and has long been linked to weight gain and diabetes. The plaintiffs are claiming that AstraZeneca downplayed the risk of diabetes, cherry-picked positive trial results, and buried negative results. Documents discovered in 2009 appear to substantiate the plaintiffs’ claims. As early as 1997, emails between AstraZeneca officials reveal that the drugmaker hid negative trial results from US and Canadian investigators. AstraZeneca is not the first antipsychotic drugmaker to be hit with claims that its medication causes diabetes. In 2009, Zyprexra-maker Eli Lilly agreed to pay at least $1.2 billion to similar settle lawsuits filed by about 31,000 patients.
For more information on Seroquel side effects, see the Seroquel website. The Alliance for Human Research Protection has a collection of articles on the Seroquel product liability litigation.
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