Alabama Product Injury Lawyer Blog

For the past several weeks it seems like every day several products are recalled due to a peanut butter paste and peanut butter made by one plant in Georgia owned by Peanut Corporation of America due to risk of salmonella poisoning. It was originally thought by the FDA and others that since these products were manufactured in large containers for distribution to manufacturers of peanut based products and to large institutions, the most significant concern was cafeterias, nursing homes and schools which obtain this large vats of peanut butter for use in their facilities. Now we come to find that the use of these products are throughout the food chain in everything from health food bars, to peanut butter cracker, cookies and baked goods and most recently, animal products such as dog treats.

Speaking personally, I love peanut butter, but tend to use the either fresh ground peanut variety where you grind your own peanuts in a machine which many grocery stores now have, or the already jarred variety that is basically just pure ground peanuts with no additives. And both my dogs absolutely love dog treats with peanut butter. But ultimately this massive recall of products have included some of the health bars that I eat as meal replacements...now this is hitting me where it counts!!!

The story took an even more concerning turn today with the Washington Post reporting that the Peanut Corporation of America KNOWINGLY shipped out contaminated peanut butter 12 times in the past 2 years. The FDA has now indicated that the Peanut Corporation of America had performed internal tests 12 times in 2007 and 2008 which tested positive for salmonella, but sold the products anyway. This is outrageous. Moreover, there is no requirement that companies inform the FDA or any other governmental organization the results of their own internal testing. It appears the FDA, again understaffed, left inspecting of the plant to the Georgia Department of Agriculture. The Georgia Department of Agriculture as well claims it is understaffed and do not do as many inspections as it would like through the year. For an in depth discussion of the lack of inspections for plants manufacturing peanut based products, see this AP article appearing in yesterdays Chicago Tribune.

The FDA has an ongoing list of all the many products which have been recalled as a result of this problem. It ranges from cakes, to candy, ice cream and as mentioned above, pet food. If you have any questions or hesitation on whether to eat anything with peanuts as one of its ingredients, please review this list. And believe me, at this point it is almost changing hourly. My suggestion, don't' eat any products with any type of peanut additive or flavoring of any type. For my peanut fix, I am going to stick with grinding my own peanuts in the machine at the store. We need to wait some time for the extent of this recall to be defined.

If you or a family member have any questions about this recall or someone you know has gotten ill as a result of eating a peanut based product within the past couple months, please feel free to contact me. Until next time, be careful out there.

The New York Times reports about a study published in the New England Journal of Medicine (NEJM) this week indicating that the antipsychotic drugs Zyprexa, Seroquel and Risperdal, used to treat such problems as schizophrenia, autism and dementia, double the patients risk of dying from sudden heart failure. The study indicates that the risk of death from these drugs is not high (about 3 percent in people being treated with these drugs over the past 10 years) and the risk was no different than older antipsychotic drugs. However, along with the study, an editorial was published in the NEJM suggesting doctors limit prescribing these medications, especially to children and the elderly, who are very susceptible to the problems caused by these drugs, especially weight gain issues.

These newer antipsychotics were promoted as being safer alternatives to the older antipsychoitcs, but this study, as well as earlier studies indicate these group of drugs have significant problems of their own and they are much more expensive than the older antipsychotics. Moreover, there is some indication that these drugs are no more effective than the older, cheaper alternatives. Clearly, people with pre-existing heart conditions need to address the safety of taking these medications with their physicians.

In a related issue, Eli Lilly, the manufacturer of Zyprexa, agreed to a $1.4 billion settlement on criminal and civil charges that it illegally marketed Zyprexa by promoting its use in children and the elderly to treat "disruptive" children and to use in nursing home patients to reduce "nursing time and effort" i.e. keep the old people quiet. Zyprexa has been found in a government study to be no more effective in children than older medicines but have more serious side effects such as gaining significant amounts of weight. For a discussion of the entire sorted story of Lilly's handling of this drug, see this article in the New York Times. Lilly's side of the story, i.e. we are a good corporate citizen, can be found here.

Time once again for the weekly wrap-up of significant recalls of products. Its been somewhat of a busy week, so let's get to it:

1. Recall of Peanut Butter by Peanut Corporation: This has been highlighted in the news over the last couple days. The Peanut Corporation is recalling a large amount of peanut butter produced at its plant in Blakely, GA due to potential for it being contaminated with Salmonella. Of most significance is that this peanut butter is sold in bulk to the institutional and food service industry and not to consumers directly. Thus, it is used typically in schools, nursing homes, restaurants and hospitals. The Salmonella outbreak has been linked to 400 people getting sick in 43 states. Apparently the illnesses began September 15, 2008, with most of the people getting sick after October 1st. Why does it take so long to impose the recall? This issue was addressed in Consumer Reports recently. Bottom line, if you or anyone you know goes to any hospital, restaurant, senior's home and most importantly schools, tell them not to eat the peanut butter they serve for at least the next month or so, till this recall gets completely clarified. For more information from the FDA about this recall, see here.

2. Stork Craft Baby Cribs: Last week I told you about Jardine recalling 50,000 more cribs. Now, Stork Craft is recalling over 500,000...yes half a million.....of its Baby Cribs because the support brackets that support the mattress can break, causing the mattress to collapse, permitting the baby to get caught in the gap between the mattress and the crib rails which can lead to serious injury. All the affected cribs were manufactured between May 2000 and November 2008. The firm's name, Stork Craft, is on the assembly instructions and the firm's insignia, "Storkcraft baby" is inscribed on the dropside teething rail of some of the cribs. These cribs were sold at J.C. Penny, Walmart, Kmart and online at Amazon, Costco, Sears and Babiesrus.com between May 2000 and January 2009. If you have one of these cribs, you should stop using it immediately, find a safe sleeping environment for your child, and contact Stork Craft to get a free replacement kit with new support brackets. For more information, see here.

3. '08-'09 Dodge Ram 2500 & 3500: Chrysler is recalling approximately 32,000 Dodge Ram 2500 and 3500, model years 2008 and 2009 for a problem with the steering linkage. It is reported that if the problem occurs, it could result in a loss of steering control and restrict the ability to turn the vehicle. Obviously, very dangerous consequences. The recall is to start this month. If you are concerned, call Chrysler at 1-800-853-1403. The plan is for the dealership to replace the problematic component in the steering linkage. For more details on this recall, see here.

4. Fisher-Price Simplicity's Rainforest Portable Play Yards: This recall was just issued this morning. There are about 200,000 of these Play Yards on the market, which can only be described as an updated version of a playpen. The CPSC reports that the actual manufacturer of these Play Yards, Simplicity Inc. and SFCA Inc. have not been responding to the CPSC's request to recall these products nor have they responded to consumer complaints. The problem with these Play Yards is that the rails can collapse, posing a potential for a fall or entrapment of the young child in the Play Yard. CPSC has received 1,350 reports of these rails collapsing. There have been reports of a broken nose, broken wrist, concussion and chipped tooth so the injuries can be significant. The products have a Rainforest patterned fabric and artwork, have the "Fisher-Price" logo, and are model number 5310RNF, 5310RNFC, and 5310RNFW. The model number is on a sticker on one of the legs underneath the Play Yard. This product was sold at retailers nationwide from January 2007 through January 2009 for about $100. You should stop using this Play Yard immediately and although it did not manufacture the product, Fisher-Price has agreed to assist consumers who own the product. You should contact Fisher-Price should you have one of these products at 800-432-5437. For more information, see here and for information from Fisher-Price on the recall, see here.

That's what I have for you this week. If you have questions regarding the recall of any of these products, or injuries caused by these products, please feel free to contact me. I will be more than happy to do what I can to assist you. Until next week, be careful out there.

Today the FDA issued further information regarding its investigation between the drug Singulair, a drug used for treatment of asthma and allergies, and suicidal thinking and behavior, as well as suicide itself. I previously wrote about this concern when it was first raised back in March of 2008 here. The FDA has asked manufacturers of all products used to treat asthma and allergies to submit information about suicide related adverse events, as well as mood and behavior related adverse events which the manufacturers of these products had obtained through its clinical trials on these drugs.

The bottom line so far is that the clinical trial data provided by the pharmaceutical companies, including Merck, the manufacturer of Singulair, does not appear to show a causal relationship between Singulair and issues of suicidality. Only one adult patient out of 9,929 patients treated with Singulair during the clinical trials showed indications of thinking about suicide or what is referred to as suicidal ideation. The FDA is continuing to review this clinical trial data to see if there is any indication of other mood and behavior adverse events related to the drugs and it has not reached any conclusions about whether a causal relationship exists.

The FDA is also looking at post marketing reports of neuropsychiatric events with regard to Singulair, as well as Accolate and Zyflo to compare the Adverse Events for each of these drugs which are somewhat similar. Most of the neuropsychiatric events received thus far are for Singulair and the information provided is consistent with a drug induced effect. The FDA indicates it will continue to evaluate this issue and update it in the near future.

At the very least, it is good to see the FDA being proactive and providing information regarding ongoing investigations. Should further information be forthcoming, I will provide additional posts. If you or someone you know have had suicidal thoughts or feelings while taking the drug Singulair, first contact your physician immediately. Also, make sure you advise the FDA by going to www.fda.gov/medwatch/report.htm.

Its a New Year with new beginnings. I wish everyone a safe and happy year. God knows we all could use it. I ended my New Year with a bang...sort of. While vacationing and visiting my family in south Florida, a woman, clearly not paying attention ( and probably on her cell phone) rammed into the rear of our car at a speed I would estimate between 20 and 30 mph. In the car with me was my wife and two sons. Although generally we were all emotionally shook up and a little banged up and bruised, what bothered me most was this woman never took the time to stop and say anything to me and my family...no "sorrys"....no "is everyone ok"...NOTHING. A word of advice, should you unfortunately cause an accident and you are able, PLEASE at least ask the individuals who's lives you have now severely interrupted if they are OK. It can go a long way to avoiding a lawsuit down the road for the injuries you may have caused.

Now that I got that off my chest, here are the most recent recalls of importance you should be aware of:

1. Jardine Cribs: Back in June of 2008, over 300,000 of these cribs were recalled (see here). Now, over 50,000 more of these cribs manufactured by Jardine Cribs are being recalled because the wooden slats can break which can create a gap and thereby a place for an infant to put his head and become entrapped and potentially strangled. The CPSC has received 19 new reports regarding this problem. The effected cribs were sold between March 2004 and January 2009 at Kids World, Geoffrey Stores, Toys "R" Us and Babies "R" Us. For further information regarding the model of Jardine Cribs involved, see here. If you have one of these cribs, you should immediately stop using it and contact Jardine for a full credit toward purchase of a new crib. As an aside, it bothers me that they do not refund your money, but instead give you a credit to get another Jardine crib. I would suggest you insist on a complete refund so you can purchase the crib of your choice.

2. Viking Four-Slice Electric Toasters: Viking is recalling its Four-Slice Toasters due to a concern that the wiring inside can become loose and ultimately pose a risk of shock to the user. For a listing of the models involved, see here. These toasters were sold between April 2005 through November 2008 for about $300....yes you read that right, $300...find it hard to understand why anyone needs a toaster for $300, but heah, who am I to question. Anyway, if you have one of these toasters, you should unplug it and stop using it and call Viking for a free replacement.

3. Hallmark Jumbo Snowman Snow Globes:This story would almost be amusing if it wasn't true. This past holiday, Hallmark sold these Jumbo Snowman Snow Globes for about $100 between October and November 2008. Apparently, the large snow globe can act as a magnifying glass and if exposed to sunlight, can ignite anything near it that is combustible or can catch fire. I guess Frosty, would not be so frosty anymore (sorry, bad joke.) Approximately 7,000 of these Snow Globes have been sold. If you bought one you should immediately remove it from any exposure to sunlight and return it to the Hallmark Gold Crown store for a full refund. For more information, see here.

4. Evenflo Majestic High Chairs:These high chairs, sold between January 2006 and May 2007, have a problem with plastic caps and metal screws in the sides of the high chair loosening and falling out creating a potential for falls as well as choking on the parts. If the plastic caps and screws fall out, the seatback can fall back or detach from the high chair and there goes your child. Evenflo has had140 reports of seatbacks reclining, falling back or detaching unexpectedly. Although it is indicated that there were only 47 reports of "bumps and bruises" to the head of infants, we all know that knocks in the head of an infant can be serious. The recall involves the Majestic high chairs made before January 23, 2007. For more information regarding the models involved, see here. These high chairs were sold at Toys "R" Us, Babies "R" Us and Burlington Coat Factory, as well as Walmart.com. If you have one of these high chairs, stop using it immediately and contact Evenflo for a free repair kit.

5. Toro Power Sweep Electric Blowers: With fall having come and gone, this may not be such a big problem right now, but this is a significant recall. Toro is again recalling its Power Sweep Electric Blowers because a part inside the blower can break, resulting in pieces of plastic flying out of the blower and causing an obvious risk to those around the blower. Approximately 900,000 of these Blowers were sold at places like Home Depot, Lowes, Target and K-mart between January 2000 and December 2002. The model number at issue is 51586. For more information on this recall, see here. If you have one of these blowers, you should stop using it and call Toro for a replacement blower.

Thats all we got for this week. Please be careful out there. Until next week.....

When I began my own law firm at the beginning of last year, I spent a lot of time before opening my doors reading everything I could about starting your own practice. See, even though I had been practicing law for 25 years, this was my first venture into starting and running my own law firm. One of my earliest guiding influences was reading the blog of Susan Cartier Liebel, Build a Solo Practice, LLC. Susan is a nationally renown teacher and coach advising lawyers on how to attack and excel as a solo practice attorney. As luck would have it, or as a result of my aggressive push into the world of "social media", primarily through this blog and use of Twitter, I began communicating with Susan about issues relating to starting a new practice.

After learning about my legal experience and history, Susan asked me to write a guest post on her Build a Solo Practice, LLC blog about my inspiration for starting my own law firm. She then approached me about participating as a faculty member of a new venture she was starting...Solo Practice University ("SPU"). This concept; imaginative, out of the box, and so necessary, is typical of the type of forward and inventive thinking Susan Cartier Liebel is known for. The concept is an online legal education system to teach those just leaving law school or lawyers already practicing who are considering or already out on their own or in small firms, in all aspects of legal practice including marketing, the business of law, technology and yes, specific areas of law. As Susan describes it,

Plan, build and grow your private practice
Differentiate yourself from the competition
Attract and engage new clients more easily

Today, at SPU, my selection as a faculty member addressing the area of products liability has been announced. I am so proud and excited to be working with SPU and Susan Cartier Liebel on this venture. It has now been almost one year since I took the leap, defied gravity, and began Niedenthal Law Firm. Now I have the opportunity to assist others who have or are ready to jump as well. Come join this incredible opportunity to learn from those who have paved the way. I am honored and humbled to be among the excellent talent that has been gathered as the faculty for SPU.