Glendale Personal Injury Lawyer

Blue Bonnet Spread Recalled After Label Mixup

Greg Owen — Sat, 14 Nov 2009 14:09:00 GMT

ConAgra Foods, along with the U.S. Food and Drug Administration (FDA) is voluntarily recalling a 1,120 cases of 15 oz. tubs of Blue Bonnet Spread. The lot was mispackaged as the lid used is for regular Blue Bonnet Spread and the tub portion describes the product as Blue Bonnet Light Spread. The product inside of the tub is regular Blue Bonnet Spread. As a result, the product tubs do not declare the allergen whey (milk), as an ingredient.

People who have an allergy or severe sensitivity to milk run the risk of a serious or life-threatening allergic reaction if they consume this product. No allergic reactions have been reported.

The product UPC on the tub is 27000-00930. The product lid will not have the blue ribbon graphic bearing the word "Light" that is found on the tub portion of the package. The rim of the lid will feature the batch code "2247923200" and a Sell By date of March 18, 2010.

ConAgra Foods became aware of the issue after receiving a report from a store where the tub did not match the lid or the case.

Consumers should return the product to the store where it was purchased for a full refund. Consumers with questions may call 866-518-4177 (9:00 a.m. to 7:00 p.m. CST daily) or visit www.bluebonnet.com for more information.

Originally posted at InjuryBoard by Greg Owen

Lawsuit Claims Negligence in Texas Daycare Death

Greg Owen — Sat, 07 Nov 2009 12:30:00 GMT

Attorneys representing Dallas' Rasansky Law Firm announced the lawsuit on behalf of the mother of a two-year-old girl who choked to death on a piece of gravel at a northeast Dallas daycare center in 2008.

According to the wrongful death lawsuit filed in the 44th District Court in Dallas, employees at the Woodbridge Day School located on Plano Road failed to notice when 2-year old Isabella Estep started choking on a small rock and collapsed inside the school on Oct. 31, 2008. Despite activity all around the unconscious child, 5-10 minutes passed before any school employees realized something was wrong. Isabella later died after being transported to a local hospital.

According to Texas Department of Family and Human Services, the girl's teacher, Mia Jennings, did not meet state required qualifications and was not trained in CPR and first aid. The investigation also discovered inadequate supervision.

Attorneys for Isabella's family also allege that the school's owners prevented the results of the investigation from being made public by selling the school. According to the TDFPS investigator, Mr. Hall said he wanted to "sell the operation as quickly as possible" if the state planned to close the facility. As a result of the sale, the school has continued to operate without information about Isabella's death being available on the state database used by other parents when selecting a day care facility.

The Dallas County medical examiner ruled the choking an accident.

Originally posted at InjuryBoard by Greg Owen

I-5 Reopens After Milti-car Collision

Greg Owen — Wed, 28 Oct 2009 12:05:00 GMT

All lanes on Interstate 5 in Burbank have been reopened after a big rig jackknifed and struck the center divider early this morning, catching fire and causing a multi-car collision.

The 5:51 a.m. accident occurred on the northbound lanes near West Alameda Avenue. A SigAlert was issued but was canceled at about 11:30 a.m. California Highway Patrol officials said.

The cause of the accident was under investigation, but CHP spokesman Andre Primeaux said the truck driver told officials he saw an obstruction in the road and swerved left, hitting the median. Three cars on each side of the road were involved in the accident, but only one driver suffered minor injuries. An official of the Burbank Fire Department, which responded to the accident, said she didn't have any update on that person’s condition.

Originally posted at InjuryBoard by Greg Owen

Patients at Cedars-Sinai Receive Radiation Overdose; Hospital Fails to Inform All Affected

Greg Owen — Thu, 15 Oct 2009 20:29:27 GMT

Four patients at Cedars-Sinai Medical Center who received eight times the necessary amount of radiation were not informed of the hospital's error. Of the 206 patients who received radiation overdose, at least four were called and asked only about hair loss or other side effects. Those four interviewed by the Los Angeles Times reported only hearing of the error through news media.

The treatments occured between the months of February 2008 when computer protocols were modified on a specific scanner and continued until August 2009 when a patient reported hair loss. The reconfiguration was made in order to improve the ability to see blood flow to the brain.

Although the machine in question was used to perform various types of scans, the problem was limited to CT brain perfusion scans, which are used to diagnose strokes.

In a written statement Monday, Dr. Barry D. Pressman, chairman of the imaging department, said that his goal in speaking with patients was "to address any side-effects that may occur, without unnecessarily alarming them."

He said that any questions, including those about radiation levels, were addressed. "I sincerely regret if any patient feels that they did not receive the information they needed," he said.

The most severe side effect of the overdose is a brain tumor, though the chance is remote. Younger patients who received multiply scans are at highest risk as the risk of radiation is cumulative.

The discovery of the overdoses at Cedars-Sinai prompted the U.S. Food and Drug Administration to issue an alert warning hospitals nationwide to check the settings on their scanners.

Originally posted at InjuryBoard by Greg Owen

Driver Kills One After Allegedly Texting While Driving

Greg Owen — Tue, 29 Sep 2009 22:19:00 GMT

A Costa Mesa motorist was ordered to stand trial for allegedly killing a pedestrian minutes after he was texting on his cellphone in the car.

An Orange County judge on Monday rejected a defense request to reduce the charges. The man's attorney argued that there is no evidence he was texting at the time of the crash, but prosecutors say his use of the phone and other factors suggest he was acting negligently and didn't see the pedestrian.

The trial comes amid a growing national debate about the texting while driving, which the state outlawed last year. If convicted of vehicular manslaughter, he faces up to nine years in prison.

Martin Burt Kuehl, 42, is charged with vehicular manslaughter with gross negligence, although prosecutors acknowledge that they have no phone company records to prove that he was texting at the moment of impact.

Martha Ovalle, a Guatemalan immigrant working in Newport Beach as a nanny, died in the Aug. 29, 2008, accident. It took place about 8:30 a.m on Westcliff Drive near Dover Drive in Newport Beach.

Originally posted at InjuryBoard by Greg Owen

CHP Recommends Manslaughter Charges Against Officer Involved in Deadly Collision

Greg Owen — Thu, 24 Sep 2009 19:58:00 GMT

The California Highway Patrol recommends that prosecutors bring manslaughter charges against La Habra police officer, Nancy Garcia, who was responding to an emergency in April when she sped through a red light and

collided with a car

. The accident killed a husband and wife, authorities said Wednesday.

The case was presented to the Orange County district attorney's office Wednesday by the California Highway Patrol's Multidisciplinary Accident Investigation team, which recommended filing the charges against La Habra Police Officer Nancy Garcia.

Originally posted at InjuryBoard by Greg Owen

Parents of College Student Sue Over Fraternity Hazing Related Death

Greg Owen — Tue, 22 Sep 2009 22:48:00 GMT

The parents of the Cal Poly fraternity pledge who died last year after an alleged hazing incident have filed a lawsuit against the Sigma Alpha Epsilon fraternity and nine of its members.

Carson Starkey’s parents, Scott and Julia Starkey of Austin, Texas, filed the lawsuit Monday in San Luis Obispo Superior Court. It names the Illinois-based fraternity, its Cal Poly chapter, and Bennett Holden, Haithem Ibrahim, Zacary Ellis, Matt Silva, Russell Taylor, Ryan Taylor, Jamie Merkler, Christopher Perkins and Adam Marszal.

The Starkeys allege four counts of negligence and a violation of Matt’s Law, a California law that allows for lawsuits when injuries or deaths result from hazing.

A civil filing such as the Starkeys’ represents just one side in a dispute. Officials at the fraternity headquarters in Illinois couldn’t be reached Tuesday afternoon. No specific amount of money is being sought.

Cal Poly was not named as a defendant in the suit, and the university has suspended SAE indefinitely; university officials say the fraternity likely will never return to campus.

The suit alleges that the fraternity should have taken “reasonable measures” to prevent excessive alcohol consumption.

The lawsuit also claims that fellow fraternity members failed to provide medical care for Starkey by neglecting to take him to the hospital.

Carson Starkey died of alcohol poisoning Dec. 2, 2008, hours after attending a “brown bag” event at 551 Highland Drive in San Luis Obispo in which pledges were assigned to drink specific amounts of alcohol given to them by older fraternity members in a brown bag, the suit alleges.

Fraternity members were chanting “puke and rally” to urge pledges to drink excessively, the suit claims. Criminal cases against four SAE members — Ibrahim, Ellis, Marszal and Russell Taylor — allege they committed hazing and furnished alcohol to a minor. They each have pleaded not guilty.

In the civil case, the Starkey family is being represented by Doug Fierberg of the law firm Bode & Grenier in Washington, D.C., and Ivo Labar of the firm Kerr & Wagstaffe in San Francisco.

The firms have a history of filing lawsuits against fraternities for deaths and injuries caused by hazing and other misconduct, according to a news release.

In the court filing, no lawyers representing the defendants were named.

The lawsuit alleges that the fraternity-related death of Tyler Cross in 2006 at the University of Texas resulted in a $16.2 million verdict against SAE.

Originally posted at InjuryBoard by Greg Owen

Class I Recall On Pediatric Tracheal Tubes

Greg Owen — Fri, 11 Sep 2009 22:33:00 GMT

Smiths Medical and FDA notified healthcare professionals about a nationwide voluntary recall of Portex Uncuffed Pediatric-Sized Tracheal Tubes (sizes 2.5, 3.0 and 3.5 mm). A small number of tubes were manufactured with internal diameters slightly smaller than indicated on the labeling, which may create the potential for the clinician to experience difficulty passing through or withdrawing the suction catheter.

The health consequences that may result from use of the defective device include the inability to remove secretions from the device and from the patient's airway, which may result in partial or complete obstruction of the airway and an inability to ventilate the patient. In addition, this defect may increase airway resistance and compromise the ability to ventilate the patient. There is a reasonable probability of serious injury and/or death.

Smiths Medical is instructing customers to return all unused Tracheal Tubes and in their press release has provided recommendations for management of recalled product that is currently in use.

Originally posted at InjuryBoard by Greg Owen

Peregrina Cheese Corporation Recalls All Products Manufactured In Its Plant

Greg Owen — Thu, 13 Aug 2009 22:10:00 GMT

Peregrina Cheese Corporation of Brooklyn, New York, is recalling all products manufactured in its Brooklyn, NY plant from March 17, 2009 to the present because they have the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.

Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women.

This recall action is being conducted in accordance with the Consent Decree filed on July 20, 2009, which requires Peregrina Cheese Corporation to recall all products and codes produced in the Brooklyn plant from March 17, 2009 to the present.

Originally posted at InjuryBoard by Greg Owen

Family of Boy Killed in Hyperbaric Chamber Files Wrongful Death

Greg Owen — Thu, 13 Aug 2009 09:55:27 GMT

A 4-year-old boy and his grandmother were fatally burned when the hyperbaric chamber they were both in exploded. The grandmother died in the explosion. The boy, Francesco Pio Martinisi, suffered burns to 90 percent of his body and died one month after the explosion.

The family of the victims filed a wrongful death lawsuit claiming the Ocean Hyperbaric Oxygen Neurological Center in Lauderdale-by-the-sea was negligent in the treatment of Francesco for cerebral palsy.

Martinisi and his grandmother traveled from Italy for the treatment in Florida. The Ocean Hyperbaric Oxygen Center is state-licensed and treats patients with brain injuries, cerebral palsy and those who have nearly drowned.

The facility had been cited several times for violations of local codes and fire safety standards. The Lauderdale-by-the-Sea fire marshal told the station that the center had several unresolved violations related to its hyperbaric chambers. The Broward County Sheriff's office told the station that the chamber involved in the explosion is old. It used an electric motor to seal the hyperbaric chamber shut. The marshal said there was no high-pressure alarm on the oxygen tank there.

Originally posted at InjuryBoard by Greg Owen