Access To Justice

Before you fire up the grill this weekend, be advised that Valley Meat Company is recalling around one million pounds of frozen ground beef patties and bulk ground beef products that may be contaminated with E. coli O157:H7, according to the U.S. Department of Agriculture’s Food Safety and Inspection Service. Some 76 million cases of food borne illnesses, or food poisoning, occur annually in the US.

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News developments that we’ll be watching at Sokolove Law:

Bayer, the maker of YAZ, quietly recalled the popular woman’s contraceptive drug last November, according to BNET’s Pharma Analysis blog. The notice was never published to the recall section of the Food and Drug Administration’s website; it was tucked into an FDA “Enforcement Report” instead. The blog reports that 32,856 boxes of YAZ as well as 122,208 of Ocella, a generic version of the birth control drug Yasmin, were recalled for “specifications for the dosage of drospirenone” in the drugs. Last August, the FDA sent Bayer a warning letter over a similar issue, according to our YazTalk.com website. Oral contraceptives have been linked to the risk of serious injuries such as blood clots, strokes, and heart attacks.

A Queens woman who allegedly developed “popcorn lung” from a daily habit eating the tasty kernels is suing ConAgra, according to the New York Daily News.  Popcorn lung (also known as bronchiolitis obliterans) is a rare lung disease that can occur through exposure to diacetyl, a flavoring chemical used to make popcorn taste buttery. Agnes Mercado, the plaintiff, claims she ate ConAgra’s Act II popcorn at daily for 16 years, according to the Daily News. Mercado was diagnosed last month with bronchiolitis obliterans; she now uses an oxygen tank and may ultimately need a lung transplant.  The Courthouse News Service reports that Givaudan Flavors, which make the butter flavoring, is also named in the lawsuit.

Congress will investigate the recent recall of children’s cold medicines made by a subsidiary of Johnson & Johnson. Law 360 (subscription required) reports that the House Committee on Oversight and Government Reform will schedule a hearing on the recent voluntary recall involving Children’s and Infant’s Tylenol, Motrin, Zyrtec and Benadryl made by McNeill Consumer Healthcare.  The hearings will look into conflicting accounts by the FDA and McNeill about what sparked the recall and the extent of the problems, according to the report.

Following a systemwide review, the Veterans Affairs Department is limiting the kinds of surgeries some of its hospitals can perform. The Associated Press reports that surgical deaths at the VA’s hospital in southern Illinois prompted the decision to institute a “surgical complexity” level for its facilities nationwide. Based on the new system, less complicated surgeries will now be performed in VA hospitals in Alexandria, La.; Beckley, W. Va.; Fayetteville, N.C.; Danville, Ill.; and Spokane, Wash. Inpatient surgeries remain on hold at the hospital in Marion., Ill., where investigators found evidence that substandard or questionable care led to as many as nineteen deaths between October 2006 and March 2007, according to the AP.

Keep those you love protected from harm. At Sokolove Law, we’re here to help.

Salad lovers, beware:  Freshway Foods is voluntarily recalling romaine lettuce products it sells wholesale and through food service outlets and in-store retail salad bars because the leafy greens may be contaminated with E. coli, a potentially deadly bacteria.

The Food and Drug Administration (FDA) says that the shredded lettuce products, sold under the Freshway and Imperial Sysco brands with a May 12 or earlier use-by date, may be responsible for an outbreak of food borne illness linked to E. coli.

There have been 19 confirmed cases of illness related to the E. coli bacteria reported in Michigan, New York and Ohio, according to the agency. The FDA says twelve people have been hospitalized, three with a potentially life-threatening complication called hemolytic uremic syndrome (HUS). In HUS, the body’s blood-clotting mechanisms are altered, causing blocked circulation or bleeding in the brain or kidneys.  Children and the elderly are most likely to be affected by HUS.

Symptoms of E. coli infection may range from none to mild diarrhea to severe abdominal cramps and diarrhea, which may be bloody. Anyone with such symptoms should contact a health care provider immediately.

The recall comes after the FDA informed Freshway Foods on May 5 that a previously unopened product sample in a New York state laboratory tested positive for the E. coli.

Freshway says in its press release that it traced the entire lot of romaine products and is advising customers to cease use and distribution of it immediately. The company says it is cooperating with public health officials and the FDA.

The recalled products were sold to wholesalers and food service outlets in Alabama, Connecticut, District of Columbia, 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. They were also sold for distribution to in-store salad bars and delis for Kroger, Giant Eagle, Ingles Markets, and Marsh stores in those states.

This latest food-related recall comes as Congress is working on a much-needed overhaul of U.S. food safety regulations. If you have experienced severe symptoms of food borne illness, which required medical attention, you may have legal rights.

The US Consumer Product Safety Commission (CPSC) and Health Canada have issued a voluntary recall of certain CYBEX strollers. Children who place their fingers on the hinge mechanism when consumers are unfolding or opening the stroller are at risk of potential fingertip amputation and laceration. CYBEX Strollers has received one report of a child whose finger was fractured after placing his finger in the stroller’s hinge.

The recall involves about 1,100 strollers in the US and 90 in Canada.

CYBEX is the third stroller maker to issue a recall related to child fingertip amputations in recent months. Graco last week recalled about 1.5 million strollers; Maclaren recalled about 1 million vehicles last November.

The word  “CYBEX” is printed on the side of the strollers. The affected models include:

•    Ruby

•    Onyx

•    Topaz

If your child has been injured by this product,  please contact us.

News developments that we’ll be watching at Sokolove Law:

The U.S Food and Drug Administration (FDA) plans to study how medications taken in pregnancy affect mothers and their unborn children, according to a report from Reuters. The new study will be called the Medication Exposure in Pregnancy Risk Evaluation Program. Two-thirds of mothers-to-be have used at least one prescription drug during pregnancy, according to the FDA. There are few clinical trials that test the safety of medications in pregnancy due to concerns about the health of the mother and child.

A class-action lawsuit filed in Manhattan’s Federal District Court last week alleges that some New York debt collectors are using “fraudulent documents to surreptitiously win court judgments – all without the debtors’ knowledge,” writes The New York Times. The paper reports that use of the practice has been spurred by the recession and the rise in consumer debt actions.

Recent Recalls

General Motors announced a January recall of 22,000 Chevrolet Corvettes after finding problems with their removable roof system, writes The Burlington County Times. The recall applies to 2005-07 model year Corvettes and Corvette Z06 models. According to the article, GM told the National Highway Traffic Safety Administration (NHTSA) that the adhesive between the roof panel and the frame may separate, allowing the roof to come off while driving and posing an accident risk. GM will install a redesigned roof panel as a result. The automaker issued a similar recall in 2006.

Make personal safety one of your resolutions in the New Year. As always, Sokolove Law is here to help.

Reports of twelve fingertip amputations across the US have prompted the US Consumer Product Safety Commission (CPSC) to issue a voluntary recall of Maclaren USA strollers. When unfolding or opening the stroller, the danger has been to children placing their fingers on the hinge mechanism, leading to potential fingertip amputation and laceration.

This recall involves all Maclaren single and double umbrella strollers. The word “Maclaren” is printed on the stroller. The affected models include:

• Volo
• Triumph
• Quest Sport
• Quest Mod
• Techno XT
• TechnoXLR
• Twin Triumph
• Twin Techno
• Easy Traveller

If your child has been injured by this product,  please contact us.

The US Food and Drug Administration has announced a worldwide recall of a list of 65 dietary supplements, sold online through bodybuilding.com, that may contain steroids. Some of the products may include ingredients that the FDA classifies as steroids, such as “Superdrol,” “Madol,” “Tren,” “Androstenedione,” and/or “Turinabol.”

While steroids are available by prescription to treat a variety of problems including delayed puberty and some growth abnormalities, they are also subject to abuse. Some athletes use steroids because they feel it helps them to get stronger and faster.  However, abuse of steroids may have possible harmful side-effects, including acute liver injury, male infertility, and increased risk of heart attack, stroke, and death.

Consumers are being urged to stop using any of the products immediately, and to contact their physician if they have experienced any problems while taking the supplements.

Fresh ground beef, tainted with E. Coli bacteria, and sold in grocery stores in a multistate area, is responsible for at least two deaths, according to the Centers for Disease Control. The ground beef products, produced by Fairbanks Farms, of Ashville, NY, have been recalled and are no longer on sale. However, consumers may still have some of the products in their freezers, and are being urged to return the beef for a full refund.

28 people across 12 states have been sickened by the strain of E Coli. Over 500,000 pounds of beef have been recalled and will be destroyed due to this outbreak.

According to the CDC, the beef products were packaged on September 15th and 16th 2009. Packages involved in the recall will have the establishment number “EST 492” in the USDA inspection mark on the package.

Symptoms of E. Coli infection are severe stomach cramps, diarrhea, and nausea and vomiting. In severe cases, blood and kidney problems may occur following the diarrhea. Seniors, people with compromised immune systems, and very young children are the most vulnerable to E. Coli poisoning.