April 30, 2007

Congress Holds Hearings on Protecting Food Safety

Congress held hearings on Tuesday to examine the future role of the government in protecting food safety. Members of the House Energy and Commerce subcommittee met with families affected by the latest epidemic of foodborne illness to discuss federal regulations of the country’s food reserve.

"I can't protect them from spinach — only you guys can. I can't," said Michael Armstrong. Mr. Armstrong and his wife, Elizabeth were accompanied by their daughters Ashley, 3, and Isabella, 5 both of whom had become severely ill after eating a salad made with a bag of leafy greens contaminated by E. coli in September of 2006. During the outbreak, at least two hundred people were known to be infected including 31 people who suffered kidney failure and three deaths as a result of the bacterium.

In February of 2007, Peter Pan brand peanut butter was the focus of a nationwide recall after a salmonella outbreak that causing serious illness to over 425 people. One of those taken ill was Mora Lou Marshall, 85, who has been hospitalized or in a nursing home since she became seriously ill from eating the tainted peanut butter, which she kept on her nightstand to supplement her diet and inadvertently continued to eat after falling ill.

“Food poisonings will happen to you, to me and to our children and our pets," said Rep. Bart Stupak, D-Mich., chairman of the subcommittee. "The American people expect and deserve better from its government."

Bipartisan members of the board voiced agreement with concerns made by the families present and are on board for making changes to the current system. Representative Diana DeGette of Colorado has introduced legislation that would give the FDA and Agriculture Department the authority to mandate recalls. House Connecticut Democrat Rosa DeLauro, chairperson of the Appropriations subcommittee, said the committee is poised to cut off 2008 salaries for the FDA’s top managers in the upcoming spending bill unless officials immediately detail how food inspections, recalls and standards will be improved.

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April 26, 2007

Food Poisoning Victims Tell Their Stories

The Associated Press reported on Wednesday, April 25, 2007 that families who have been victimized by tainted spinach and peanut butter appeared before Congress in a plead to the federal government to do more to protect the nations food supply.

Michael Armstrong appeared with his wife Elizabeth and their daughters, Ashley, 2, and Isabella, 5. The two little girls became ill in September after eating a salad made with a bag of spinach contaminated by E. coli.

Gary Pruden, who was joined by his 11 year old son, Sean, also testified. Sean became seriously ill in November with E. coli after eating at a Taco Bell restaurant.

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April 25, 2007

Melamine Found in Urine of South Carolina Hogs

The State newspaper reported on Thursday, April 26, 2007 that federal and state officials are investigating reports that hogs were given feed that has been contaminated with the chemical melamine.

52 hogs at one small processing plant have been quarantined and another 800 hogs at a farm where contaminated food might have been given to the animals have been identified according to the state veterinarian’s office. The office declined to identify the location of the processing plant or the hog farm.

While traces of melamine were found in hog urine at the farm, the feed tested negative for contamination. State veterinarian Tony Caver stated “no one has determined the significance of finding any detectable levels of melamine in healthy hogs.”

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April 24, 2007

Nursing Homes Subject To Minimal Penalties

According to a Government Accountability Office (GAO) report the New York Times reported that nursing homes with repeated safety compliance problems usually face only minimal penalties from the federal government.

Congress established “stringent” standards for nursing homes in 1987, but a 1998 GAO report found that nursing homes that repeatedly harmed residents were not being sufficiently penalized.

According to the new GAO report, which is scheduled for release next week, nursing homes with a long history of harming residents still are not held accountable for the poor care they provide and some of the homes which repeatedly harmed residents over a six year period remain in the Medicare and Medicaid programs.

The report, which focuses on nursing homes with a history of compliance problems, used a California nursing home as an example. In that home a patient choked to death in part because a machine needed to save his life was broken. The facility, which was cited for more than 170 serious deficiencies, was still open in late 2006.

The GAO report went on to state that the Bush administration rarely denies federal payments to nursing homes with compliance problems and typically imposes fines that are much smaller than the maximum fine of $10,000 per day.

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April 23, 2007

Magnetix Toy Recall

The Associated Press reported that a total of 7.8 million Magnetix magnetic building sets have been recalled after children swallowed small magnets contained in the sets and were seriously injured. Mega Brands Inc., the company which manufactures the toy sets, recalled 3.8 million of the magnetic building sets in March 2006 after a child died and 4 others were seriously injured after swallowing the magnets. The Product Safety Commission and Mega Brands know of one death, one aspiration and 27 intestinal injuries. The commission received reports of at least 1500 incidents in which the magnets separated from the toy. If more than one magnet is swallowed, the magnets can attach to each other and cause intestinal perforation, infection, or blockage which can be fatal. The hazard was initially thought to be a problem only for children younger than 6 but the reports show that at least 10 injuries involved children between the ages of 6 and 11.

The recall includes all sets except Magnetix sets dated March 31, 2006, that are age labeled “6+” and also contain the statement “CAUTION: Do not ingest or inhale magnets. Attraction of magnets in the body may cause serious injury and require immediate medical care.” The newer sets supposedly have better material and design according to the company. Magnetix sets are sold by toy and arts and craft stores nationwide.

Consumers should contact Mega Brands for replacement toys. For more information call Mega Brands at (800) 779-7122.

If you or a loved one has been injured by an unsafe toy, contact a South Carolina unsafe toy accident attorney at Louthian Law Firm for a free consultation.

April 22, 2007

Potassium Overdose May Have Killed Patient

A Philadelphia, Pennsylvania family has filed suit against a local hospital after their father died following heart surgery.

Two hours after bypass surgery the gentleman suffered a fatal heart attack. His daughter, a doctor, reviewed his chart and saw that he was given an excessive amount of potassium. The patient's daughter believes the excessive potassium her father was given caused his death.

Nurses are taught the 4 “R’s”. Before giving medication they are taught to be sure they have: the Right patient, Right drug, Right dosage and Right method. Following the 4 “R’s” helps to eliminate many medication errors in hospitals.

If you or a loved one has been injured in a medical malpractice accident, contact a South Carolina medical negligence lawyer at Louthian Law Firm for a free consultation.

April 22, 2007

Tire Tread Separation Results in $4 Million Verdict Against Wal-Mart

The Associated Press reported that a Montgomery, Alabama jury awarded a paralyzed woman $4 million on Friday, April 20, 2007. Carolyn Thorne, was paralyzed as a result of the tires separating on her SUV after visiting a Wal-Mart Service Center. The tires had been recalled in 2002 by Continental Tire Company and she had taken her SUV to Wal-Mart to have the tires replaced. Wal-Mart failed to replace her spare tire which she was using during the crash that paralyzed her.

Ms. Thorne had her car serviced at Wal-mart on 9 separate occasions after the recall and was never told that the 5th tire was also defective.

The jury awarded her $2 million in punitive damages and $2 million in compensatory damages.

If you have been in an automobile accident due to tire tread separation, please contact a South Carolina tire recall lawyer at Louthian Law Firm for a free consultation.

April 21, 2007

HS Joy of Love Supplement recalled

The Associated Press has reported that H.S. Joy of Love, by Jen-On Herbal Science International of City of Industry, California has been recalled because the product contains Piperadino Vardenafil, an analog of Vardenafil, which is a FDA approved drug used for erectile dysfunction.

The analog may interact with nitrates found in some prescription drugs, such as nitroglycerin, and may lower blood pressure to dangerous levels. People with diabetes, high blood pressure, high cholesterol or heart disease often take nitrates.

The supplement is sold nationwide in a 12 capsule pack. Individuals who have this product in their possession should stop using it immediately and, if they experience any adverse side effects should contact a physician.

Unused portions of the supplement should be returned to the manufacturer for a refund by calling (626) 333-9998 for instructions on how to return the product.

If you have suffered serious side effects associated with taking H.S. Joy of Love, contact a South Carolina dangerous drug attorney at Louthian Law Firm for a free consultation.

April 20, 2007

Dog Chews Recalled

The Associated Press has reported that dog chews marketed by T.W. Enterprises of Ferndale, Washington have been recalled because they may be contaminated with salmonella. People who handle the treats can become infected, especially if they haven’t thoroughly washed their hands after having touched the chews.

Otherwise healthy people who become infected with salmonella should monitor themselves for some or all of the following symptoms: nausea, vomiting, diarrhea, abdominal cramping or fever. Some rare cases of salmonella can result in more serious ailments including bacterial infections, endocarditis, arthritis, muscle pain, eye irritation and urinary tract symptoms.

Pets infected with salmonella may be lethargic and have diarrhea, fever or vomiting. Some pets will only have decreased appetites, fever and abdominal pain.

If your dog has suffered from salmonella as a result of a recalled dog chew, please contact a South Carolina foodborne illness attorney at Louthian Law Firm immediately for consultation.

April 19, 2007

Recalled Pet Food Linked to Vomiting

The Associated Press reported on April 18, 2007 that Natural Balance Pet Foods has recalled 2 types of their pet food after receiving reports that animals were vomiting and experiencing kidney problems.

The recall includes all Venison & Brown Rice Dry Dog Food and Venison & Green Pea Dry Cat Food.

The company announced that it is working with the FDA to investigate the matter and is urging consumers not to feed either one of these products to their pets. Just last month Menu Foods recalled 60 million cans of dog and cat food after the deaths of 16 animals (mostly cats) that ate their products. The FDA stated that tests indicated this particular food was contaminated with an industrial chemical known as melamine.

At least 6 pet food companies have recalled products which were made with imported Chinese wheat gluten tainted with melamine.

FDA spokeswoman, Julie Zawisza, stated that the FDA had no reason to believe that the Natural Balance case was related to the problem with melamine.

If your pet was seriously harmed as the result of recalled pet food, please contact a South Carolina pet food recall attorney at the Louthian Law Firm for a free consultation.

April 18, 2007

North Charleston Middle School Teacher Settles Race Discrimination Claim

South Carolina’s State newspaper reported on April 18, 2007 that a former North Charleston middle school teacher who claimed she had worked in a racially hostile environment and was verbally abused settled her lawsuit for $200,000.

The teacher, Elizabeth Kandrac, worked at Brentwood Middle School in North Charleston for less than a year. Ms. Kandrac, a white teacher who worked at the predominately black school, claimed that the school staff never took her complaints seriously. She left the school when her bike tires were slashed.

If you or a loved one has been the victim of discrimination, please contact a South Carolina personal injury attorney at the Louthian Law Firm for a free consultation.

April 17, 2007

Benedict College Professor Settles Academic Lawsuit

The State newspaper reported on April 17, 2007 that Benedict College agreed late Sunday afternoon to settle a lawsuit brought by a professor concerning an academic policy. Former Benedict professor, Millwood Motley, sued the college in 2004 alleging that he had been fired because he had refused to implement the Success Equals Effort “SEE” policy. This policy’s grading system gave greater weight to effort and participation than to academic achievement.

Professor Motley alleged in his lawsuit that the president of Benedict College, David Swinton, had ordered him to utilize the system to make sure that a higher number of students would qualify for state and federal scholarship programs.

The terms of the settlement are confidential and both sides claimed victory.

If you or a loved one has been the victim of a wrongful termination in South Carolina call the Louthian Law Firm for a free consultation with a South Carolina wrongful termination attorney.

April 17, 2007

New Research to Determine if Epilepsy Can Be Prevented in Victim’s with Head Injury

Victims of traumatic brain injuries will often develop epilepsy later in life. Researchers are trying to determine why this is the case and if anything can be done to prevent this development of epilepsy. One of the efforts involves trying to determine if seizure medications will work to prevent the development of epilepsy.

Victims of traumatic brain injuries often develop symptoms months or even years after their injuries. These symptoms may include symptoms such as memory loss and attention deficit as opposed to loss of motor skills.

Physicians are finding that many veterans are developing epilepsy as a result of head trauma experienced in battle.

If you or a loved one has suffered a traumatic brain injury, please contact a South Carolina brain injury lawyer at the Louthian Law Firm for a free consultation.

April 16, 2007

Imported Food Rarely Inspected

Associated Press writer, Andrew Bridges, reported on April 16, 2007 that only 1.3% of imported fish, vegetables, fruit and other foods are inspected. Food experts say that the United States doesn’t have the resources to ensure that the food which has been imported is safe. Experts go on to say that the nation is vulnerable to harmful foods from abroad where rules and regulations governing food production are often more relaxed than they are at home.

Director of the University of Georgia’s Center for Food Safety, Mike Doyle, says that “the FDA doesn’t have enough resources or control over this situation presently”. In March 2007 alone, the FDA detained nearly 850 shipments of grains, fish, vegetables, nuts, spices, oils and other imported foods for reasons ranging from filth to unsafe food coloring to salmonella to contamination by pesticides. This is with only 1.3% of imported shipments being inspected. The other 98.7% which is not inspected enters our country for consumption.

The average American eats about 260 pounds of imported food each year, which places many innocent people across the country at risk for serious foodborne illnesses.

An FDA official stated that the globalization of the food supply means the agency is going to have to be more creative and strategic in ensuring its safety. “I’m not quite sure how we are going to do that yet” he said, “except to know that is the direction we are going to be heading.”

If you or a loved one has suffered from food poisoning, please contact a South Carolina foodborne illness attorney at the Louthian Law Firm for a free consultation.

April 15, 2007

Medical Malpractice

A Fulton County Georgia jury recently awarded a 19 year old Piedmont College freshman $11.7 million dollars as a result of a spinal surgery which left him paralyzed from the waist down. The surgery which was conducted in 2003 was intended to relieve chronic back pain. The young man’s attorney argued that his paralysis was a result of a medical mistake by his surgeon and a team of doctor’s at North Fulton Medical Center. The surgeon who conducted the surgery and the team of doctors settled before a trial.

One of the neurologists involved in the surgery continued to deny responsibility and insisted on proceeding to trial. The jury, however, agreed with the student and returned a verdict of $11.7 million dollars.

If you or a loved one has been the victim of medical malpractice or medical negligence, please contact a South Carolina medical malpractice lawyer at the Louthian Law Firm for a free consultation.

April 14, 2007

Alcohol Related Teen Deaths Spur Prom Safety Drive

The State Newspaper reported on Thursday, April 12, 2007 that police, schools and businesses in Richland County, South Carolina are working together to make this year’s prom season safer for students.

Since 2001, 6 teenagers from Richland County have died in alcohol related accidents.

On April 19, 2007 Columbia Police will join Columbia High School’s drama class for a “Prom Promise Presentation” for juniors and seniors. The drama class will perform a skit of a party where children are drinking. A couple of the children go to the store and are involved in an automobile collision. A passenger dies in the skit and the driver fails the field sobriety test. Other local schools are conducting similar presentations

The Columbia Police Department is hoping that the presentations will have a significant impact on students and that they will spread the message to their peers concerning the dangers of drunk driving.

Domino’s Pizza is distributing 44,000 fliers on pizza boxes delivered from its 11 stores in the greater Columbia area.

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April 12, 2007

Duke Lacrosse Players Cleared of Wrongdoing

The State newspaper reported on Thursday, April 12, 2007 that all charges have been dropped against 3 Duke Lacrosse players who were accused of sexually assaulting an exotic dancer.

Larry Pozner, a defense attorney and former president of the National Association of Criminal Defense Lawyers said “the landscape is littered with ruined reputations. Tell me who won. Certainly not the complaining witness. Not the school. Not the defendant. Not (District Attorney) Mike Nifong.”

North Carolina’s top prosecutor said the athletes were innocent victims of a “tragic rush to accuse” by an overreaching district attorney.

With legal bills estimated at more than $3 million, the families of the accused lacrosse players are considering civil lawsuits to recover their expenses and attempt to restore the reputations of the players.

If you or a loved one has been the victim of sexual harassment or sexual assault in South Carolina, please contact a South Carolina sexual harassment lawyer at the Louthian Law Firm for a free consultation

April 11, 2007

Patients Awake During Surgery

Studies show that as many as 40,000 patients a year are mistakenly left awake during surgery, but paralyzed and unable to let anyone know. Sherman Sizemore a former coal miner and a Baptist minister killed himself in February 2006, two weeks after undergoing surgery to his abdomen. His two daughters have filed suit claiming that this experience is what caused their father to commit suicide. According to the complaint which was filed, Mr. Sizemore was awake for almost 30 minutes during his surgery. The family of Mr. Sizemore stated that this experience had their father so upset that he took his own life.

Experts say people who have suffered from “anesthesia awareness” often suffer post-traumatic stress syndrome.

If you or a loved one has been the victim of an anesthesia error, please contact a South Carolina medical malpractice attorney at the Louthian Law Firm for a free consultation.

April 9, 2007

Defective and Ineffective Head Restraints

The insurance industry reported on Thursday, March 29, 2007 that new crash test results show that head restraints in several passenger vehicles provided marginal or poor protection against neck injuries and whiplash. In the simulated rear crash test at 20 mph only 22 of 75 vehicles received the top score of “good” from the Virginia based Insurance Institute for Highway Safety.

If you or a loved one has been the victim of a serious injury as the result of a faulty head rest, please call a South Carolina defective head restraint attorney at the Louthian Law Firm.

April 5, 2007

INSURANCE COMPANIES FIGHTING LEGITIMATE CLAIMS

For the last 18 months CNN correspondents Drew Griffin and Kathleen Johnston have been investigating mostly small, fender-bender accidents and how insurance companies are handling the claims made by individuals who are injured in these accidents.

The investigation focused in part on how Allstate Insurance Company handled the claim of Roxanne Martinez who was in an accident in Santa Fe, New Mexico. Her medical bills and lost wages as a result of the accident added up to $25,000. Allstate offered only $15,000 to settle the claim and Ms. Martinez didn’t know what to do. The CNN correspondents report that Ms. Martinez’ case represents what 10 of the top 12 automobile insurance companies are doing in an attempt to save money.

Former insurance industry insiders say that if you are in a minor impact crash and get hurt, the insurance companies will most likely do the same thing to you that they did to Ms. Martinez: delay the handling of the claim; deny that you were hurt; and then defend their decision in a long drawn out court battle. It is called the three D’s: delay, deny and defend.

Allstate and the other insurance companies are betting that you’ll take what they offer and walk away. The correspondents found actual language in the Allstate training manuals concerning how to offer “walk-away” settlements.

Shannon Kmatz, a former claims adjuster for Allstate, told CNN that sometimes she would offer as little as $50.00 to settle a case. She said that poor people would often take the low ball offers fearing that if they didn’t, they would end up with nothing.

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