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FDA to Update Food Safety Rules

David Rowell — Fri, 14 Nov 2008 16:00:02 GMT

Dismayed consumers saw story after story break in 2008 about food safety and the FDA's struggle to cope with domestic and foreign food contaminants: Salmonella, Listeria, Clostridium and other bacterial contaminants in food, lead in the wrappers of imported Mexican candy, melamine in cookies and other products produced in China. The list goes on and on; the FDA's "Recalls, Market Witdrawals and Safety Alerts Archive" lists over 275 incidents during 2008, many for food contaminats.

Numerous causes for the problem have been identified: the expanded scope of FDA's duties, the lack of any meaninful increase in FDA's inspection budget, the increase in the quantity of imported food and the absence of any meaningful update to FDA's "good manufacturing" standards.

Whatever the cause, consumers have been demanding solutions and, apparently, the FDA has heard. The FDA has announced that it will update current food processing safety rules in order to increase the level of protection. The FDA plans a survey of almost 3000 food processing plants, targeting what the FDA says are five key areas: employee training, sanitation and personal hygiene, allergen controls, process controls, and recordkeeping.

It's none too soon for the FDA to address this critical issue.

Originally posted at InjuryBoard by David Rowell

Wrongful Death Suit Filed In Deadly Crash

Chrissie Cole — Sat, 15 Aug 2009 21:44:00 GMT

The families of four victims tragically killed in a car wreck last week are suing for unlimited compensation.

The wrongful death suit, filed on August 6^th in Fresno County Superior Court targets the driver, Ernesto Escalente and his employer Panella Trucking Inc.

Escalante was allegedly driving his tomato truck when he ran a stop sign, shearing the top of another vehicle which had been carrying the five victims, four of whom were killed instantly, according to California Highway Patrol.

Memorial services were held this evening in Mendota for Angel Nunez, 39; Nelson Nunez, 27; Jose Menjivar, 25; Antonio Menjivar, 21.

Originally posted at InjuryBoard by Chrissie Cole

Two Chowchilla Teens Killed In Fiery Crash

Chrissie Cole — Wed, 11 Mar 2009 21:01:00 GMT

A tragic car accident claimed two teens driving on a rural road in Madera County on Tuesday.

The car accident happened when the driver failed to heed a stop sign at the intersection of Road 9 and Avenue 23 ½ in Chowchilla and struck a PG&E service truck.

Upon impact, the vehicle burst into flames and the driver and one of the passengers were killed.

One survivor of the crash was airlifted to Community Regional Medical Center in Fresno. He suffered burns to more than 50 percent of his body. His current condition is unknown.

According to reports, the teens live in the area and are most likely students from Chowchilla High School.

Originally posted at InjuryBoard by Chrissie Cole

Consumer Product Safety Commission Sued Over Unsafe Chemicals in Toys

David Rowell — Sat, 06 Dec 2008 16:43:59 GMT

Two consumer groups, the Natural Resouces Defense Council and Public Citizen, have filed a lawsuit against the Consumer Product Safety Commision, claiming that the CSPC is not correctly implementing a Congressional ban on phthalates in children's products.

Phthalates, which studies have shown can harm early childhood development, are added to hard plastics to make them more flexible. Congress banned the use of phthalates in children's toys and child-care products as part of a major overhaul of consumer product safety regulations in August.

The ban takes effect starting on February 10, 2009. Based on the way the CPSC intends to apply the rule, manufacturers will be able to stockpile toys and child care products with the banned phthalates right up to the date of the ban, and then sell them to consumers long after the ban was supposed to go into effect. With millions of plastic toys containing phthalates already in warehouses and on shelves, that's good news for manufacturers, but bad news for consumers.

The two consumer groups are asking for an order making the ban retroactive; that is, applying the ban to all products. David Arkush of Public Citizen says of the ban "selling millions of toxic toys to kids is not the way to dispose of them . . . ." Congressional hearings are scheduled on this question, maybe as early as next week, and some members of Congress have already said that the CSPC is not carrying out the ban the way Contress intended.

Originally posted at InjuryBoard by David Rowell

Consumer Safety Recalls for 2008 Set New Record

David Rowell — Wed, 03 Dec 2008 11:14:12 GMT

A report issued by Consumers Union on December 2 contains troubling news for consumers, expecially parents. CU's report, title "Still Not Safe," notes that 2008 set a new record for recalls by the U.S. Consumer Product Safety Commission,563 for 2008, up from 473 in 2007. According to the report, that equals more than 43 million products recalled between October 1, 2007 and September 30, 2008 (CSPC's product year). And, equally troubling, "nearly 97 percent of all recalled products were foregn made; 81 percent came from China."

As noted by CU, recalls are not the answer; CSPC, even with new authority and new, tougher standards, simply lacks the ability to effectively police the market. The HUGE numbers of products sold, and CSPC's limited budget and staff, make reliance on recalls too dangerous for consumers. Recalls, remember, only target products already in the stream of commerce, products already in our homes and in our children's hands.

The real solution is prevention, ensureing that toy makers and suppliers adequately inspect and test their products before they enter the market, to ensure that only safe toys reach our children. Until then, especially during these difficult economic times, parents need to be especially vigilant; be careful and check the CSPC recall site to make sure the toy you're buying for Christmas has not been recalled.

Originally posted at InjuryBoard by David Rowell

Lawsuit Upheld Over Missed Cancer Diagnosis

David Rowell — Sat, 22 Nov 2008 07:00:00 GMT

Pamela Rock sued her doctors and others claiming that, through their negligence, her breast cancer was not diagnosed in a timely fashion and worsened and spread into her lymph nodes, a much more serious condition.

The defendants didn't argue that Ms. Rock was not injured or that they hadn't made any mistakes. Instead they argued that Ms. Rock didn't file her claim in a timely fashion, that she had missed the "statute of limitations," and that her claim had to be dismissed.

The trial court agreed, and dismissed her suit. When she appealed, the Court of Appeals agreed and upheld the dismissal. Ms. Rock and her lawyer persisted, however and, on Friday, the Iowa Supreme Court overruled the dismissal, ruling that Ms. Rock's claim was not barred; the Court sent the case back for trial.

These events have several important implications for consumers. One is that consumers MUST be actively involved in their own health care. Although we hate to think it, doctors, nurses and other health care providers DO make mistakes. A recent report by the Institute of Medicine (a part of The National Academies) indicates that "44,000 [and maybe as many as] 98,000 . . . Americans die each year from medical errors." Indeed, says the report, "more people die in a given year as a result of medical errors than from motor vehicle accidents, breast cancer or AIDS."

Given these numbers, consumers simply cannot afford to be complacent about their own health care. Be involved, ask questions, look up your provider on HealthGrades. com. Consumers MUST take steps to ensure that they and their loved ones are not the next victims of medical errors.

The other point is that, although the Iowa Supreme Court gave Ms. Rock another chance to get justice, the rule followed by the trial court and the Court of Appeal IS the rule in every State. If your claim is not filed in a timely fashion, YOU HAVE NO REMEDY at law.

If you think you may have been injured due to a medical error, you must act NOW to get more information. If you have a lawyer, ask him or her for advice. If you don't, contact your State or county Bar Association, contact the local Trial Lawyers Association, GET MORE INFORMATION NOW.

Originally posted at InjuryBoard by David Rowell

Nursing Home Neglect Leads to Death Suit

David Rowell — Fri, 21 Nov 2008 12:01:14 GMT

The family of George King has sued the nursing home where he was a resident, claiming that neglect by the nursing home staff led to the victim's death. King, who suffered from dementia, wandered away from the nursing home and onto nearby train tracks where he was struck by a train and killed. King's family filed a wrongful death suit agains the nuring home company, Health Care and Retirement Corporation of America, claiming that staff knew King was confused and might wander away, and that they failed to properly moniter him to prevent him from doing so, or to properly discover that he had left or to sarch for him once he was gone.

These allegations, if true, are an example of only one type of nursing home neglect. Nursing home abuse and neglect can take many forms: physical abuse, emotional abuse or, as alleged here, a failure to supervise which allows a confused resident to be placed at risk.

The families of nursing home residents, and those needing placement in a nursing home, should investigate carefully before making a choice. Many resources are available; consumers may want to start with "A Citizen's Guide to Preventing & Reporting Elder Abuse," available from the California Department of Justice. More information is also available here on the InjuryBoard site.

Originally posted at InjuryBoard by David Rowell

Dangerous Toys Recalled by CPSC

David Rowell — Sun, 16 Nov 2008 07:28:00 GMT

The Consumer Product Safety Commission has issued a recall of "Swim 'N Score Dive Sticks." The toys, sold by Modell's Sporting Goods stores nationwide, are about 8" long and come in packs of 6 in various colors. The toys consist of weighted plastic tubes which stand upright when thrown into water. They pose a risk to children who might fall or land on the sticks in shallow water and suffer impalement or injury to eye or face.

The CPSC, which monitors and recalls dangerous and defective products, has banned these types of dive sticks silnce April 2001.

The CPSC advised consumers to return the product to any Modell's Sporting Goods for a rul lrefund. For more help, consumers should contact Modell's at 800-275-6633, or visit Modell's online at www.modells.com.

Originally posted at InjuryBoard by David Rowell

Nursing Home Abuse Report Leads to Closure

David Rowell — Sat, 15 Nov 2008 13:19:16 GMT

Following recent reports of an increase in nursing home abuse and neglect, state and Federal agencies may be increasing their surveilance and inspection efforts. A round of such surveys by the Florida Agency for Health Care Administration and the federal Department of Health and Human Services found widespread abuse at the Key West Convalescent Center, and led to an order for closure of the facility.

Reports called the survey results "damning," and the responsible agency stated that a "system failure jepoardized all the residents in the facility."

Nursing home abuse or neglect is a serious problem, one that is likely to grow worse as the American population ages. According to the U.S. Census Bureau, the number of Americans 65 and older is expected to reach almost 90 million people by the year 2050.

Nursing home abuse or neglect can occur in various ways: physical abuse, emotional abuse, sexual abuse and others. Signs of abuse or neglect can be obvious or subtle, including bed sores, bruises, welts and other skin damages, anxiety, agitation or emotional withdrawal, weight loss and other signs of poor nutrition or poor hydration, and many others.

Like other victims of abuse, abused nursing home residents may be reluctant to speak out, and this problem can be worsened by the potential for retaliation by the abusive staff member.

If you suspect that your loved one has been the victim of nursing home abuse or neglect, you should first ensure that your loved one receives prompt medical attention. You should consider contacting the State agency charged with nursing home oversight; you may want to contact a lawyer who is familiar with this area of law.

For more information about nursing home abuse and neglect, check the InjuryBoard Help Center on this topic.

Originally posted at InjuryBoard by David Rowell

Salmonella Danger from Dry Pet Food

David Rowell — Wed, 12 Nov 2008 11:10:58 GMT

The latest data from the Centers for Disease Control and Prevention shows that, despite reports and recalls in 2007, eight new cases of Salmonella poisoning in humans from contaminated pet food were identified in 2008.

Salmonella, as many people know by now, is a microorganism, a "germ," that can infect food products. When humans eat the contaminated food, they can get sick; in some cases, very sick. Symptoms can be flu-like, including bloody diarrhea. The most common victims are young children, who may handle dry pet food or put dry pet food in their mouths.

According to the CDC, it identified 79 cases, mostly children, of Salmonella poisoning in 2006-2007, in 21 stataes. All the cases were linked to dry pet food produced by one manufacturer, Mars Petcare US, in a plant in Everson, Pennsylvania. Although the manufacturer closed the plant in 2007 to clean and disinfect, these new cases, linked to the same plant, have resulted in the facility's permanent closure.

In 2007 the manufacturer recalled all petfood suspected to be contaminated with Salmonella. In September 2008, following the latest cases, another recall was conducted, involving approximately 23,109 tons of dry pet food, representing 105 brands. However, since not all supplies were returned and, since dry pet food has a shelf life of 1 year, the CDC says stocks could still be in homes, creating a danger to consumers. The CDC requests that consumers who have these products discard them or return them to the place of purchase.

Originally posted at InjuryBoard by David Rowell