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FDA finds E. Coli in Nestle Cookie Dough Sample...

Troy Schwant — Tue, 30 Jun 2009 13:25:15 GMT

How many times have you herad that "one more cookie won't kill you"? Well today's news release by the FDA, shows that this may not be true.

Here is the full report:

www.foxnews.com/story/0,2933,529531,00.html

The Food and Drug Administration said Monday a sample of raw cookie dough collected at a Nestle USA manufacturing plant last week has tested positive for E. coli.

Nestle voluntarily recalled all Toll House refrigerated cookie dough products made at the Danville, Va., factory earlier this month after the FDA told Nestle it suspected consumers may have been exposed to E. coli bacteria after eating the dough raw.

The FDA and the federal Centers for Disease Control have been investigating whether the cookie dough was the source of the E. coli outbreak which has sickened 69 people in 29 states, according to the latest CDC data. E. coli is a potentially deadly germ that can cause bloody diarrhea, dehydration and, in the most severe cases, kidney failure.

The FDA says the sample of Toll House refrigerated prepackaged dough was manufactured at the plant on Feb. 10.

In a statement, Nestle said the sample that tested positive came from a 16-ounce Toll House refrigerated chocolate chip cookie dough bar. The product had a "best before June 10 2009" label.

"We are very concerned about those who have become ill ... and deeply regret that this has occurred," the company said in the statement.

The company also reiterated that consumers can return the recalled products to their local grocer for a full refund.

FDA spokeswoman Stephanie Kwisnek says the FDA is working with the Glendale, Calif.-based unit of Switzerland-based Nestle SA to find the source of the contamination. Nestle said it will continue to work "closely and in full cooperation" with the investigation.

Besides the Toll House products, Nestle also makes a variety of refrigerated pastas and pasta sauces at the plant.

The company shut down production in the cookie dough section of the plant when it issued the recall. That section remains closed, but the company is still manufacturing the pasta and pasta sauces in a separate section of the plant.

Originally posted at InjuryBoard by Troy Schwant

A tragic accident in Brewton, Alabama...

Troy Schwant — Tue, 30 Jun 2009 10:12:26 GMT

Yesterday afternoon, there was a fatal accident involving Angela Dixon. According to the police on the scene, Ms. Dixon was not wearing a seat belt.

Our thoughts and prayers are with Ms. Dixon's family.

blog.al.com/live/2009/06/woman_killed_man_hurt_in_car_c_1.html

Originally posted at InjuryBoard by Troy Schwant

Supreme Court finds in favor of firefighters in controversial discrimination suit...

Troy Schwant — Mon, 29 Jun 2009 10:59:53 GMT

In a 5-4 decision the United States Supreme Court found in favor of the white firefighters in their discrimination lawsuit against the city of New Haven Connecticut.

This decision will certainly be discussed at length over the next few days, and may have a great impact on future affirmative action type cases.

Here is CNN's report on the ruling.

www.cnn.com/2009/POLITICS/06/29/supreme.court.discrimination/index.html

Originally posted at InjuryBoard by Troy Schwant

Safety tips to remember for July 4th....

Troy Schwant — Sun, 28 Jun 2009 22:39:36 GMT

As the July 4th holiday approaches, many people will take to the road to celebrate our country's independence, and hopefully everyone will be able to their home safe and sound.

In order to make sure that happens, please remember the following safety tips:

Never Drive a car or boat while intoxicated. I know it is a simple reminder, but every year lives are lost on the roads and water because of alcohol. Nothing wrong with having a drink, just make sure someone else is behind the wheel.
Never leave a child in the car while you run a quick errand. With the tempatures reaching 100 degrees in most of the beach communities, leaving your child in the car just to grab a gallon of milk, or a pack of gum, could put your child's life at risk.
Be careful how you use your cell phone. Just today while driving back from the beach, I watched a young girl walking along side of the road, texting on her phone while she walked into the road. Luckily for her, the vehicle that was approaching was watching and was able to avoid striking her.
Make sure to drink plenty of fluids. Dehydration can be a severe problem for many people during the summer months, if you are drinking alcohol, this only compounds the problem. Always have bottled water with you during the July 4th holiday.

Have a safe and Happy Fourth of July.

Originally posted at InjuryBoard by Troy Schwant

The Adjuster Says We Can Work It Out - Part 1

Pete Mackey — Sun, 28 Jun 2009 17:14:03 GMT

The other driver ran the red light. There were three witnesses to the collision. You broke both arms (the ones you use to handle the machine at work) and will be out of work for six weeks. The other driver's insurance carrier calls you the next day. "We are here to help," says the adjuster from the Big Hands company, "don't hire a lawyer - that will just get you a third less in your settlement."

What do you do? Why pay a lawyer when the Big Hands guy has a fist full of cash for you? If you can get him to pay you the same amount that he would pay if you were represented, you shouldn't. The problem is, in the overwhelming number of cases, his final offer will be far less than what he would put on the table to your attorney. But you are anxious. You don't have much money saved up and the bills won't stop while you are out of work.

We give the same advice that we would give to anyone who is thinking of foregoing professional help - do so at your own risk. The Big Hands guy is not trying to help you out. He is trying to close out the file by paying the least that he can. That is his job, and he wants to do it as quickly as he can. If he doesn't want you to hire a lawyer or to wait until you recover to settle your claim - isn't that a red flag?

Even the relatively simple example presented here has a lot of issues that a lay person has never dealt with. First, there is settling the property damage claim. If your vehicle is not a total loss, you are entitled to recover the amount that would put you in the same position you were in before the wreck. That will include an amount for the diminution in value of your vehicle after it is repaired. How do you figure that out?

What about medpay? That is the amount of money that the other driver's carrier will pay without regard to fault. Generally, that is worth $1,000, but some policies pay more. If you have health insurance, how are they to be paid back? Some health insurance companies will negotiate. If you do not have medical insurance, how will you get the doctor to keep providing service? What other damages are you entitled to? How much insurance does the other driver have? If it is not enough to cover your loss, will your own insurance come into play?

As you can see, there are lots of things to consider. In this series of posts, I will go into greater detail about all of these issues. I will even include a post that tells you the best way that you can represent yourself, if that is what you choose to do. Just remember the wise old adage, "people who represent themselves have fools for lawyers."

Originally posted at InjuryBoard by Pete Mackey

Buyers Beware!

Pete Burns — Sun, 28 Jun 2009 09:32:11 GMT

I am arbitrating condominium contracts that should be void under the Inter State Land Sales Full Disclosure Act and the sophisticated buyers are appalled at the terms of the contract they signed. If you are going to buy an expensive piece of property take the time to have an attorney review the paperwork and explain the details to you. Deals abound in this market but the devil is still in the details.

Originally posted at InjuryBoard by Pete Burns

Medical reform

Pete Burns — Mon, 22 Jun 2009 18:04:55 GMT

We must be alert that the insurance and pharmaceutical industries do not further limit the rights of victims of medical errors to recover fair compensation. No one knows who will be the victim of medical malpractice but the insurance companies know they will be paying the verdicts. Consequently, the insurance and pharmaceutical industries will be organized in their efforts to shift the burden of medical errors to the victims. We all need to make sure that future victims of medical errors are not twice victimized.

Originally posted at InjuryBoard by Pete Burns

Summer Heat - A Real Killer

Pete Mackey — Sun, 21 Jun 2009 23:06:25 GMT

I played tennis today. Feeling pretty puny, even though I drank almost a half gallon of weak Gatorade while playing, I came back to my air conditioned house and sat under a ceiling fan for about 30 minutes. Only halfway back to life, I looked up Weather Underground and saw that the heat index in Mobile today was 109 degrees. Curious, I checked further - heat kills more people than earthquakes or hurricanes.

The potential for real problems from heat exposure is bigger than many people would believe. A few tips:

- Drink plenty of fluids:

- Make sure those fluids don't contain alcohol;

- Pace yourself, it's easy to go too far before you know it; and

- Perhaps most importantly, keep an eye on the very young and very old that you have contact with. They are the likeliest candidates for getting into the danger zone before they even know it.

Originally posted at InjuryBoard by Pete Mackey

Fireworks and Safety

Billy Cunningham — Sat, 20 Jun 2009 15:50:20 GMT

The 4^th of July is just around the corner and fireworks have become a regular part of its celebration. The American Pyrotechnics Association reports that revenue from the sale of fireworks for 2008 was $940,000,000- the highest ever. That is a lot of fireworks. The association also reports that injuries from the use of fireworks have decreased from 38.3 injuries per 100,000 pounds of fireworks in 1976 to 3.7 injuries in 2008. Considering that 265.5 million pounds of fireworks were sold in 2008- that still equals 9,800 injuries. Some of those were deaths.

The National Council on Fireworks Safety recommends that you only buy consumer fireworks from a licensed store or stand. Consumer fireworks regulated by the Consumer Product Safety Commission are packaged in bright colors and have safety warnings on the packaging. The packaging sets forth the country of origin, which is normally China. Typical consumer fireworks include fountains, cones, sparklers, fire crackers, bottle rockets, roman candles, ground spinners and multi-shot products.

The National Council warns against buying fireworks from an individual’s house, or out of someone’s car. These fireworks are likely to be illegal explosives that can seriously injure you. You will often find these to be unpackaged and are wrapped with plain brown paper without any safety warnings, or place of manufacture. These may be hand made in illicit factories and other unsafe environments. They use such names as M80, Quarter Stick or Cherry Bomb. If someone approaches you to sell one of these illegal explosives, politely decline and then call your local police department.

The National Council has a new safety poster aimed at helping consumers

distinguish between legal consumer fireworks and illegal explosives. You should

look for these posters at participating consumer firework retailers.

Here are some safety tips:

• Only use fireworks outdoors.

• Obey all local laws regarding the use of fireworks.

• Never give fireworks to young children and always wear safety glasses.

• Always have a bucket of water, or water hose, nearby.

• Alcohol and fireworks do not mix!

“Many times consumers don’t prepare for the evening’s fireworks display” says

Ralph Apel, President of the National Council on Fireworks Safety. “The

designated shooter should prepare a shooting area, assess how many people will be

watching the display and lay out a spectator area that is far enough away from the

shooting site. The shooter should carefully read the label of each firework and

understand exactly what it will do. Preplanning makes for a safe and fun backyard

fireworks display.”

Another concern are sparklers which account for approximately 16% of consumer injuries from fireworks. The National Council on Fireworks Safety offers these safety steps for sparklers:

• Sparkles should ALWAYS be used under close adult supervision.

• Always remain standing while using sparklers.

• Never hold a child in your arms while using sparklers.

• Never hold, or light, more than one sparkler at a time.

• Sparklers and bare feet can be a painful combination. Always wear closed-toe

shoes when using sparklers.

• Sparkler wire and stick remain hot long after the flame has gone out. Be sure to

drop the spent sparklers directly in a bucket of water.

• Never hand a lighted sparkler to another person. Give them the unlit sparkler

and then light it.

• Always stand at least 6 feet from another person while using sparklers.

• Never throw sparklers.

• Show children how to hold sparklers away from their body and at arm’s length.

• Teach children not to wave sparklers, especially wooden stick sparklers, or run

while holding sparklers.

How old should a child be before it is allowed to use sparklers. Some writers say 12. I have also read where some say 5. Parents need to really think before giving a child sparklers.

For more details on firework safety you can visit this website www.fireworksafety.com

Originally posted at InjuryBoard by Billy Cunningham

FDA warns against using certain nasal cold remedy products...

Troy Schwant — Wed, 17 Jun 2009 13:09:57 GMT

According to this report, the FDA warns that using certain Zicam nasal cold remedies can reduce and in some cases completely eliminate the sense of smell in some users.

Please check your medicine cabinet and be sure that you or a loved one isn't using these products.

Review the full article here:

www.cnn.com/2009/HEALTH/06/16/zicam.fda.warning/index.html

Originally posted at InjuryBoard by Troy Schwant