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.

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Massachusetts Safety Tips for Enjoying the Warm Weather

As it finally cracks 50 degrees and Massachusetts residents get their first taste of spring, everyone is heading outside. Enjoy the nice weather tending to the yard and pedaling your bike, but don’t forget to avoid personal injuries.  Here are some ways you and your family can avoid personal injuries:

Swimming Pool Safety

On a hot humid Boston day, a swimming pool can be an oasis.  However, swimming pools can be hazardous for young children.  Adults should keep a close eye on children, whether in or near the water.  Home pools should be surrounded by a fence that is at least 5 five feet high and self latches.  When not in use, the pool fence should be locked.  Keep the area around the pool free of clutter that can cause someone to trip.  Poolside rescue equipment- such as 10-12 foot rescue pole and a ring buoy with line-should be kept close by.  Keep a life vest close by and outfit all poor swimmers with a life vest.  Be aware that the suction from pool drains can entrap swimmers underwater. Finally, keep pool chemicals in a safe place, out of reach of children.

Lawnmower Safety

Lawnmower safety starts with the proper shoes. Although it feels great to slip into sandals after months in boots, always wear sturdy shoes when operating a lawnmower along with eye and hearing protection. The next rule of lawnmower safety is to survey the yard for sticks, stones, and other objects that can go flying when struck by a lawnmower blade.  Use a mower that will stop moving forward and will stop the blades’ movement if the handle is released.  Wait for the blades to stop before crossing a street or trying to remove the grass catcher or discharge chute.  Start and refuel motors outside on the yard, rather than in the garage.  Finally, never let children under 12 operate a handheld mower or under 16 operate a ride-on mower.

Bicycle Safety

Adults and children alike should wear helmets when riding bikes.  Helmets prevent serious injuries and can keep a bike accident from being a fatal accident.  Helmets should be worn level on the head with the chin strap secured so the helmet cannot move.  Also, when purchasing a bike for your child, make sure the bike is the right size for the child.  An oversized bike can be hard to control and dangerous.

Playground Safety

Anyone who has ever fallen off a slide or slipped off the monkey bars knows there are significant risks for personal injuries at the playground.  Always keep a watchful eye on children.  If putting together playground equipment, make sure the equipment is assembled according to instructions and weighted to the ground.  Periodically check for loose, rusted, or sharp pieces.  Install safety padding, mats, or soft fill material beneath playground equipment, extending out six feet on all sides.  Do not allow children to attach ropes to the playground equipment to avoid strangulation hazards and accidents if the rope comes loose.  Make sure walls and fences are at least six feet away from all playground equipment.

For more tips on keeping your family safe this spring and summer, see the following websites:

Home Safety Council (Pool Safety)

US Consumer Product Safety Commission (Pool Safety)

Department of Transportation (Bike Safety)

HealthyChildren.Org (Lawnmover Safety)

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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.

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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

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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:

  • 10-ounce packages of “DANIELE NATURALE SALAME COATED WITH COARSE BLACK PEPPER.”
  • Catch weight packages of “DANIELE PEPPER SALAME.”
  • 9-ounce packages of “BLACK BEAR OF THE BLACK FOREST BABY GENOA PEPPER SALAME.”
  • 20-ounce packages of “DANIELE DELI SELECTION, GENOA SALAME, SMOKED SALAME, PEPPERED SALAME, RUSTIC SALAME.”
  • 340- and 454-gram packages of “DANIELE SURTIDO FINO ITALIANO, SALAMI GENOA CON PIMIENTA, LOMO CAPOCOLLO, SALAMI CALABRESE.”
  • 16-ounce packages of “DANIELE ITALIAN BRAND GOURMET PACK, HOT CALABRESE, PEPPER SALAME, HOT CAPOCOLLO.”
  • 8-ounce packages of “DIETZ & WATSON ARTISAN COLLECTION PARTY PLATTER PACK, HOT CALABRESE, PEPPER SALAME, HOT CAPOCOLLO.”
  • 8-ounce packages of “DANIELE ITALIAN BRAND GOURMET PACK, HOT CALABRESE, PEPPER SALAME, HOT CAPOCOLLO.”
  • 16-ounce packages of “DANIELE GOURMET COMBO PACK, PEPPER SALAME, CAPOCOLLO, CALABRESE.”
  • 500-gram packages of “DANIELE ITALIAN BRAND GOURMET PACK EMBALLAGE ASSORTI GOURMET ITALIEN, HOT CALABRESE, PEPPER SALAME, CALABRESE PIQUANT, SALAMI AU POIVRE, HOT CAPOCOLLO, CAPOCOLLO PIQUANT.”
  • 8-ounce packages of “BOAR’S HEAD BRAND ALL NATURAL SALAME COATED WITH COARSE BLACK PEPPER.”
  • Catch weight packages of “DIETZ & WATSON ARTISAN COLLECTION, BABY GENOA PEPPER SALAME, MADE WITH 100% PORK COATED WITH BLACK PEPPER AND PORK FAT.”
  • 20-ounce variety packages of “DANIELE DELI SELECTION, GENOA SALAME, SWEET SOPRESSATA, PEPPERED GENOA, MILANO SALAME.”
  • 21-ounce variety packages of “DANIELE GOURMET ITALIAN DELI SELECTION, SWEET SOPRESSATA SALAMI, PEPPERED GENOA SALAMI, HOT SOPRESSATA SALAMI, MILANO SALAMI, SALAMI SOPRESSATA DOUX, SALAMI GENOA POIVRÉ, SALAMI SOPRESSATA PIQUANT, SALAMI MILANO.”
  • 7-ounce packages of “DANIELE SALAME BITES PEPPER SALAME.”
  • 14-ounce packages of “DANIELE GOURMET ITALIAN DELI SELECTION ASSORTMENT DE FINES CHARCUTERIE ITALIENNE, SWEET SOPRESSATA SALAMI, MILANO SALAMI, SALAMI SOPRESSATA DOUX, SALAMI MILANO.”
  • Catch weight packages of “DANIELE NATURALE SALAME COATED WITH COARSE BLACK PEPPER.”
  • 32-ounce variety packages of “DANIELE DELI SELECTION, GENOA SALAME, SWEET SOPRESSATA, PEPPERED GENOA, MILANO SALAME.”
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    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).

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    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.

     

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    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.

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