Posts Tagged ‘attorney’
Massachusetts Consumers: Take Care in the Deli Department–Rhode Island Company Recalls Salami Products Due to Salmonella Risk
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).
New Law Against Texting Intended to Reduce Distracted Driving and Truck Accidents–Rule Should Improve Safety for Massachusetts Drivers
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 non-distracted 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.
If you need assistance with a personal injury or wrongful death resulting from a car accident, truck accident, or train accident, please contact the attorneys at the Boston firm Breakstone, White and Gluck. An experienced motor vehicle accident attorney is available for a free consultation by calling 800-379-1244. You can also contact us online.
Huge Toyota Recall Affects Thousands of Massachusetts Drivers–Defective Gas Pedals May Cause Runaway Acceleration
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.
Massachusetts Consumers Should Take Care If Using Certain Antibiotics–FDA Warns of Tendon Trouble
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.
In-car Electronics Create Distractions and Impair Driving
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.
Massachusetts Drivers Should Take Precautions Against Winter Hazards on the Roads
As if plummeting temperatures and shoveling aren’t reason enough to dislike winter in Massachusetts, snowy and icy weather creates hazardous road conditions. Car accidents, truck accidents, and pedestrian accidents are more likely as slippery roads increase both the distance required to stop a vehicle and the chance of sliding. Taking certain precautions against winter hazards can reduce drivers’ and pedestrians’ risk of personal injury or wrongful death.
First, try to avoid driving in bad winter conditions. If driving is necessary, try to drive during daylight hours only, plan ahead to avoid rushing, and wait until snow removal crews have eased road conditions. Check wiper blades and tires and make sure they are suited for winter driving conditions. Also, if you are traveling far from home, equip vehicles with a winter emergency kit including blankets, food, water, matches, candles, flares, sand for traction, and jumper cables.
Seat belts can save lives but only if they are worn properly. A properly fitting seat belt will fit tightly across the lap, snugly across the chest, and will cross at the shoulder. A seat belt should never cross at the neck or back Seat belts with lap restraints only are ineffective and should be avoided. An improperly fitting belt can actually make personal injuries worse. Heavy jackets will intefere with proper seat belt operation and should be avoided or removed once the car is warmed up.
Pedestrians face special problems since sidewalks are not always plowed and it may be necessary to walk in the street. One should walk facing the traffic in order to be able to observe the approaching traffic–and to take evasive action if necessary. At night, lightly colored clothing is important. Motorists need to be especially aware of pedestrians and even bicyclists during the winter months. Massachusetts General Laws c. 89, Section 14 requires motorists to slow when approaching pedestrians or bicyclists, and to pass only when it is safe to do so.
Finally, focus on safe and strategic driving. Stay at least nine car lengths behind the vehicle ahead to allow plenty of room to stop. Unless you have anti-lock brakes, If brakes begin a lock, ease off the brake. Be aware that bridges and overpasses freeze before the road. To regain control of a vehicle if rear wheels begin to skid, ease off the gas and steer in the direction the car should go. If the car starts to go too far in one direction, keep steering opposite ways until the vehicle is under control. If the front wheels are skidding, ease off the gas and let the vehicle slow down until traction is regained. If stuck in the snow, do not hit the gas. Try to remove snow and ice from around the wheels, and use sand for traction. Some vehicles can also be “rocked” by alternating between drive and reverse, while gently pressing the gas.
For more information on winter safety, please see the following articles:
State Police Issue Winter Driving Safety Tips
Uncleared Sidewalks Imperil Pedestrians
Massachusetts Emergency Management Agency–Tips to Ensure Safe Winter Driving
Defective Cribs Recalled Due to Risk of Infant Suffocation and Entrapment–Massachusetts Consumers Urged to Immediately Stop Using Affected Cribs
In late November, the US Consumer Product Safety Commission (CPSC) announced that Stork Craft Manufacturing was voluntarily recalling approximately 1.2 million cribs distributed in the United States and 968,000 distributed in Canada. This recall comes in the wake of reports of several infant wrongful deaths. Due to flaws in the cribs’ drop-side plastic hardware, the drop-side can detach creating a space between the crib mattress and the drop-side. As a result of this product defect, infants can become trapped in the space and suffocate. Where the drop-side detaches completely, infants run the risk of falling.
CPSC, Stork Craft, and Health Canada are aware of 110 incidents of drop-side detachment; 67 incidents occurred in the United States and 43 in Canada. The incidents include 15 entrapments, with four entrapments resulting in suffocation. Included in these incidents are 20 falls from cribs with personal injuries ranging from concussion to bumps and bruises.
This recall involves Stork Craft drop-side cribs distributed and manufactured between 1993 and 2009, and Stork Craft drop-side cribs with the Fisher-Price logo sold after 1998. The recall does not involve cribs without a drop-side or with a non-plastic drop-side. Major Massachusetts retailers sold these recalled cribs in stores, including BJ’s Wholesale Club, J.C. Penney, Kmart, Sears, and Wal-Mart stores, and online at Amazon.com, Babiesrus.com, Costco.com, Target.com, and Walmart.com.
Massachusetts consumers should immediately stop using the recalled cribs, and contact Stork Craft for a free repair kit that converts the drop-side to a fixed-side. Consumers should not attempt to fix the cribs without the repair kit and should find alternative and safe sleeping arrangements for infants until the crib is repaired. For additional information, contact Stork Craft toll-free at (877) 274-0277 anytime to order the free repair kit, or log on to www.storkcraft.com.
CPSC also provides several tips for general crib safety Parents should not use any crib with missing, broken, or loose parts. Hardware should be tightened from time to time to keep the crib sturdy. When using a drop-side crib, parents should check to make sure the drop-side or any other moving part operates smoothly, and should always check all sides and corners of the crib for disengagement. Any disengagement can create a gap and entrap a child. In addition, do not try to repair any side of the crib, especially with tape, wire or rope. Complete information is available at the CPSC website.
Strangulations Trigger Massive Recall of Blinds and Shades–Massachusetts Consumers Urged to Eliminate Hazards
This week, the U.S. Product Safety Commission (CPSC) and the Window Covering Safety Council (WCSC) announced the recall of millions of Roman shades and roll-up blinds due to the risk of strangulation to young children from the defective products. Massachusetts consumers are urged to take immediate measures to eliminate the risks to young children.
Since 2006, the CPSC has received reports of 5 wrongful deaths and 16 near strangulations involving Roman shades and 3 wrongful deaths since 2001 in roll-up blinds. In the case of Roman shades, children may place their necks between the exposed cord and the fabric on the back of the shade, or they may pull the cord out and wrap it around the neck. With the roll-up blinds, children may become entangled in the lifting loop on the side of the blind.
These defective products have been sold at a wide variety of retailers in Massachusetts, from Wal-Mart to Pottery Barn to ACE Hardware, to name but a few. If you have either type in your home, please contact the WCSC at its website or at (800) 506-4636 to receive a free repair kit.
The CPSC and the WCSC has also provided safety tips that apply to all window coverings, not just those involved in the recall. These include inspection of all shades and blinds in the home to make sure there are no loose or accessible cords (in fact, cordless window coverings are recommended where children live or visit), keeping cribs, beds, and furniture away from windows, and installing tension devices on looped chains or cords to keep them taut. Complete information is available at the CPSC website.
Trucks Found to Have High Rates of Safety Violations, Inadequate Insurance
Many of the over 9 million trucks on the roads in this country are operating with serious safety problems, according to a recent study performed by the Federal Motor Carrier Safety Administration, a division of the U.S. Department of Transportation. Twenty-eight motor carrier companies, representing more than 200,000 trucks, were found to have trucks in violation of federal safety laws. These violations include defective brakes, overly worn tires, excessive loads, and undertrained or impaired drivers. All of these factors contribute to the likelihood of a serious truck accident.
While the public is largely unaware of the problems with the nation’s large truck fleet, it is at significant risk due to these safety violations. Although trucks make up fewer than 4 percent of vehicles on the road, they are involved in 12 percent of motor vehicles fatalities, with over 4,000 deaths and 80,000 serious injuries occurring every year. Government data shows that many trucking accidents are not reported, suggesting the numbers above are underestimates. Citizens of Massachusetts, with its older highway system, are left at risk.
Many of these deaths and injuries are preventable, and would be avoided if trucking companies fully complied with safety laws. Unfortunately, many companies fail to perform critical maintenance and repairs in order to save money. As the government’s inspection and enforcement resources are limited, the chances of being caught are small, and the companies that are forced to take its trucks off the road simply change their name and continue operations as before.
Compounding this unsafe situation is the fact that many trucking companies carry insurance in amounts that are inadequate to compensate the victims of trucking accidents, especially when someone is seriously injured or there are multiple victims. Congress set the minimum level of insurance for tractor trailers at $750,000 in 1980, and has not changed it since. Although many companies carry higher amounts, carrying the minimum insurance is common in small trucking companies, which is of great concern, as 87 percent of the companies in violation of safety standards had fleets of ten trucks or fewer.
Maclaren Recalls One Million Strollers–Defective Product May Cause Amputation Injuries
The U.S. Consumer Product Safety Commission has announced a recall of over one million stroller manufactured by Maclaren. The concern: The defective product may cause personal injury to the child riding in the stroller. At least 15 serious injuries have been reported, and 12 of these have been fingertip amputations.
The recall affects all Maclaren strollers manufactured since 1999, including all single and double strollers. They popular baby strollers have been sold at Target, Babies “R” Us and other mass merchandisers.
Parents should immediately stop using the strollers and obtain a free repair kit from the manufacturer.
For additional information, contact Maclaren USA toll-free at (877) 688-2326 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s Web site at www.maclaren.us/.
Here is a link to the recall notice. You can also search for information on the Consumer Product Safety Commission (CPSC) website.
David White, a product liability attorney at the Boston firm Breakstone, White & Gluck, PC, said, “Unfortunately, we are familiar with this type of product defect. Obviously a manufacturer of baby products must anticipate injuries that can come from pinch points from hinges and other moving parts. They must be extraordinarily careful to prevent injuries from their products.”
As reported in Time Magazine: “This is a very serious hazard,” says Scott Wilson, spokesperson for the CPSC. “We know child behavior, we know kids like to explore and sometimes put their fingers in places where they shouldn’t be. But finger amputations that result from using a product that parents expect to be safe is unacceptable.” Read More