June 19, 2007

Romanian teacher working in Columbia, South Carolina Fights Termination

State newspaper reporter, Joy Woodson, has reported that Mihaela Sinzianu Livingston, a Romanian exchange teacher, has alleged in a lawsuit that she lost her job because she fell in love, got married, and decided to stay in America.

Ms. Livingston is suing FACES, a Columbia-based academic and cultural teaching exchange program, even though she signed a contract that bans participants from trying to remain in the United States and requires them to return home to teach for at least two years.

Ms. Livingston’s attorney says the contract is “unenforceable” and “unconscionable.”

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June 17, 2007

South Carolina Legislature Agrees on Workers' Compensation Overhaul

Associated press writer Jim Davenport reported that the South Carolina legislature has agreed on a plan whereby employers who lie about what their workers do to save money on insurance premiums will face fines and prison time. The new legislation also calls for new standards on how injuries are reported and what is covered. The agreement also requires workers and their physicians to provide more specific information about their injuries.

House and Senate negotiators agreed to the overhaul about 30 minutes before the Legislature adjourned, but the legislators still need to come back for a special session on June 19 to approve the plan.

"I think this is a fair bill that takes a first step toward improving our business climate in South Carolina," said Cam Crawford, executive director of the South Carolina Civil Justice Coalition, a group that mostly looks out business owner interests.

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June 15, 2007

Federal Health Advisors Reject New Weight-loss Drug

After hearing testimony that the drug increases the risk of suicidal thoughts, even in patients without a history of depression, Federal health officials unanimously rejected the weight loss drug, rimonabant, manufactured by Sanofi-Aventis SA. The panel said that the company failed to show the drug is safe.

Judging from the back-to-back 14-0 votes by the expert panel it is unlikely the Food and Drug Administration will approve the drug. The agency usually follows its panel’s advice, but it isn’t required to do so.

“There is a reasonable suspicion we better learn some more and watch this affair more closely before we launch into massive use of this drug,” said panelist Dr. Jules Hirsch, a senior physician at New York’s Rockefeller University.

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June 14, 2007

FDA to Require Avandia to Carry Stronger Warnings

FDA Commissioner Andrew von Eschenbach said at a congressional hearing Wednesday that
the FDA is going to require stronger warnings about heart failure on the diabetes drugs Avandia and Actos.

The FDA is directing GlaxoSmithKline to add a "black box" warning to Avandia and ordering Takeda Pharmaceuticals to do the same for its competing diabetes drug Actos, strengthening existing warnings about a condition in which the heart does not adequately pump blood. The issue is separate from an analysis in the New England Journal of Medicine that said Avandia increased the risk of heart attack.

The concerns about Avandia prompted Democratic lawmakers to call for increased regulation of the pharmaceutical industry. Rep. Henry Waxman, D-Calif criticized the FDA for not alerting consumers sooner about the drug's potential dangers.

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June 11, 2007

Wheeled shoes more harmful than previously thought

The Associated press has reported that accidents from roller shoes are far more common than previously thought, contributing to roughly 1,600 emergency-room visits last year, the U.S. Consumer Product Safety Commission said Wednesday.

The target market for the wheeled shoes is mostly children and they are the ones being injured.

Scott Wolfson, a spokesman for the Consumer Product Safety Commission, said last week that the agency knew of at least 64 roller-shoe-related injuries and one death between September 2005 through December 2006.

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June 8, 2007

“Flip This House” lawsuit to move forward

A lawsuit which was initiated as a result of a falling-out between the Charleston-based creator of “Flip This House” and the cable network that carried the reality television series will go forward.

U.S. District Court Judge C. Weston Houck ruled on Wednesday, June 6, 2007 that there is enough evidence to suggest that the two sides made a verbal agreement to equally share profits from the cable network show.

Judge Houck denied the request by A&E Networks to dismiss the suit brought by Richard C. Davis of James Island-based Trademark Properties.

For more information, please contact the Louthian Law Firm.

June 7, 2007

Students settle molestation claims against Beaufort County School District for $4.6M

The Beaufort County School District has agreed to pay $4.6 million to settle six of seven lawsuits filed after a former teacher at Coosa Elementary School molested at least nine students.

The students were molested by music teacher Phillip Underwood-Sheppard between 1999 and 2002. The students were between the ages of 6 and 13. Some of the students were forced to perform sexual acts on the teacher in his music room office.

Underwood-Sheppard, 49, was sentenced to 25 years in prison in 2003 and is serving his sentence in Lee Correctional Institution in Bishopville, South Carolina. He had been a teacher for 17 years.

Details of the settlements, including the names of the students and their families, have been sealed under a court order.

Right now, the district is having to cover all but $300,000 of the $4.6 million award after its insurer refused to pay more of the costs.

The district has sued South Carolina School Boards Insurance Trust, saying it should be covered up to $5.5 million.

According to Chief Financial Officer Phyllis White, if the lawsuit fails, the district would likely have to raise taxes to cover the costs.

For more information, please contact a South Carolina lawyer at Louthian Law Firm.

June 6, 2007

Called to stand against the Confederate flag

A poignant editorial by the Reverend Wiley B. Cooper was published in The State newspaper on Friday, May 25, 2007. Rev. Cooper is a native of South Carolina, eligible for membership in both the Sons of the American Revolution and the Sons of the Confederacy, and the grandson of a pastor in the Methodist Episcopal Church, South. He is the pastor of a racially and politically inclusive congregation.

Reverend Cooper gave the following reasons as to why the Confederate flag must be removed from the State House grounds:

• No flag representing a former power that is no longer sovereign in South Carolina flies on the State House grounds. Not the French or Spanish flag, not the British flag, not even the flag of the American revolutionary armies or those who stood for country in the War of 1812. Why this one alone?

• According to the Ordinance of Secession, the primary reason that the Civil War was fought was to defend and perpetuate an economic system and way of life based upon one human being owning another. That cause was wrong then, and it is wrong now.

• Since the end of the Civil War, the battle flag of the Army of Northern Virginia has been used by lawless elements intent on frightening and murdering our black (and sometimes Hispanic or Jewish) brothers and sisters into a new subjugation. From the Klan, to those who threw rocks and spit at civil rights protesters, to the flags that flew over the hastily constructed “segregation academies,” to the present-day Nazi party, it continues to be displayed as a symbol of hatred and race and class enmity. It denigrates the lives and dignity of brothers and sisters of every race. It must not stand as a present symbol of South Carolina or her people.

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June 5, 2007

First Class to Graduate from New Law School in Charleston, S.C.

The Charleston School of Law, South Carolina’s new law school, graduated its first class of 186 students on Saturday, May 19,2007.

Charleston School of Law Dean Richard Gershon said, “ These are our pioneers.” The law school opened in 2004 and is located in downtown Charleston. The school received its provisional accreditation from the American Bar Association in December of last year and now has around 600 students.

Former Democratic U.S. Sen. Fritz Hollings told the graduates that lawyers are among the greatest American leaders, invoking names like Patrick Henry, Thomas Jefferson, Abraham Lincoln and Franklin D. Roosevelt

“Today as you graduate, America’s heart is strong,” Hollings said. “We’ve got strong communities, the most productive industries, and the most competitive society. People are ready, willing and able to sacrifice. But we need, in their wake, the graduating class of 2007 lawyers to give her a steady hand. You can do it.”

For more information, please contact a South Carolina attorney at Louthian Law Firm.

June 4, 2007

Pet Food Saga Continues

It turns out that the ingredients from China which were used to make pet foods in the United States and later found their way into chicken and pig food were not wheat gluten and rice protein after all but seriously contaminated wheat flour according to government investigators.

To further complicate the matter some of the contaminated flour mislabeled as gluten was mixed into fish food in Canada and exported to the United States where it was fed to fish consumed by humans.

This now raises the possibility that some American seafood might contain melamine, the industrial toxin. FDA officials say that they do not know how many U.S. fish farms may have used the tainted feed or what types of fish may have been affected.

The managers from two Beijing companies that exported the contaminated wheat gluten and rice protein have been detained according to the Chinese media. Those managers work for Xuzhou Anying Biologic Technology Development Company, Ltd. and Binzhou Futian Biology Technology Co. Ltd., the two companies which exported the products containing melamine.

If you have been the victim of food poisoning, please contact a South Carolina foodborne illness attorney at Louthian Law Firm immediately for consultation.

June 3, 2007

Possible Risk of E. coli in Beef Products

According to the Associate Press and USDA, a meat company is recalling 129,000 pounds of beef products in 15 states because of possible E. coli contamination.

The meat products are made for Gordon Food Service stores by Davis Creek Meats and Seafood. The beef products were made between March 1 and April 30 and were shipped to distribution centers and retailers in Arkansas, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Missouri, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and Wisconsin.

The items which have been recalled include boxes of mechanically tenderized steaks and ground beef of different weights. The boxes are labeled “Est. 1947A”.

Symptoms of E. coli include stomach cramps that may be severe and diarrhea that may turn bloody within one to three days. If the illness goes unchecked, complications from E. coli may lead to kidney failure.

If you or a loved one has suffered serious illness due to unsafe food handling conditions, contact a South Carolina Food Poisoning Lawyer at Louthian Law Firm, P.A., immediately, even if only for an inquiry as to whether or not you may have a case.

June 2, 2007

Regulators Closely Monitoring Toxic Syrup

The New York Times reported last week that a diethylene glycol, an industrial solvent and prime ingredient in antifreeze, can also kill people. If the syrupy poison is ingested, first the kidneys fail, and then the central nervous system begins to fail. Paralysis can result which makes breathing difficult and then impossible without assistance. Ultimately, most victims die. Many of the victims are children who are poisoned at the hands of unsuspecting parents.

Over the years, diethylene glycol has been used by counterfeiters in many varieties of medicine; cough syrup, fever medication and injectable drugs. The counterfeiters use the cheap sweet –tasting solvent instead of the safe, more expensive syrup (usually glycerin).

Toxic syrup has been involved in at least eight mass poisonings around the world in the past two decades. Researchers estimate that thousands of people have died. Records and interviews show that in 3 of the last 4 cases the syrup was made in China, which is a major source of counterfeit drugs. Last year, government officials in Panama unwittingly mixed diethylene glycol into 260,000 bottles of cold medicine. As a result, families have reported 365 deaths from the poison, 100 of which have been confirmed so far. Panama’s death toll leads directly to Chinese companies that made and exported the poison as 99.5% pure glycerin. The counterfeit glycerin passed through three trading companies on three continents, yet not one of them tested the syrup to confirm what was on the label.

An examination of these two major poisoning cases last year (in Panama and earlier in China) shows how China’s safety regulations have fallen behind its growing role as a low cost supplier to the world.

The US Food and Drug Administration warned drug makers and suppliers in the United States “to be especially vigilant” and looking out for diethylene glycol in medicine. China has already been accused by US authorities of exporting wheat gluten with the industrial chemical, melamine that ended up in pet and animal food. The FDA recently banned imports of Chinese made wheat gluten after it was linked to pet deaths in the US.

If you or a loved one has suffered serious illness due to a defective drug, contact a South Carolina Defective Drug Lawyer at Louthian Law Firm, P.A., immediately, even if only for an inquiry as to whether or not you may have a case.

June 1, 2007

Another Contact Lens Solution Linked to Eye Infection

The Associated Press reported on May 26, 2007 that government officials are warning people to throw away AMO Complete Moisture Plus Multi-Purpose Solution, used for cleaning and storing soft contact lenses, after an investigation linked it to a rare eye infection. The solution is made by Advanced Medical Optics Inc., a publicly traded company based in Santa Ana, California.

The solution appears to be a factor in cases of Acanthamoeba keratitis, a painful eye infection that can lead to permanent vision loss or blindness.

The CDC and the U.S. Food and Drug Administration are investigating 138 confirmed cases.
CDC officials said people should discard the solution, throw out their current contact lenses and lens storage case, which may harbor the infecting disease.

Doctors first suspected a problem in 2004, when a University of Illinois-Chicago ophthalmologist, Dr. Elmer Tu, noticed more than a dozen cases of the infection.

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June 1, 2007

The Associated Press Announced on Thursday May 31, 2007 that the Following Products Have Been Recalled:

• Murray International Trading Inc. is recalling Lucky Eight Brand Dried Lily Bulb because it contains undeclared sulfites, which could cause a severe or life-threatening reaction in people who have sulfite allergies. No illnesses have been reported. The product is packaged in a 12-ounce, uncoded plastic bag. It was sold nationwide. Consumers should return the product to the place of purchase. Details: (718) 230-7888.

• Royal Pacific Foods is recalling bottles of The Ginger People Ginger Lime Marinade and Ginger Sesame Vinaigrette and The Ginger People Ginger Hickory Grilling Sauce because the products contain undeclared anchovy, soybean and wheat, which could cause a severe or life-threatening reaction in people who are allergic. The product is packaged in 12.7-fluid-ounce bottles with date codes between Aug. 1, 2008, and Nov. 4, 2009, and sold nationwide. Consumers should return the product to the place of purchase. Details: (800) 551-5284, ext. 225.