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Listeriosis Outbreak from Tainted Cantaloupes Reaches Virginia

Monday, October 3rd, 2011

 

The Listeria outbreak connected to Rocky Ford whole cantaloupe grown in Colorado has sickened a Virginia resident, however the person was exposed to the tainted cantaloupe while in Colorado. 

Jensen Farms of Holly, CO recalled shipments of Rocky Ford whole cantaloupe after the Listeria outbreak was traced back to the produce. The Rocky Ford whole cantaloupes were shipped from July 29 through September 10th to numerous states during this time. The Centers for Disease Control and Prevention (CDC) announced that the outbreak has announced that 14 states have been affected so far with a confirmed 55 illnesses and 8 deaths.
So far illness and death have been reported in: California, Colorado, Illinois, Indiana, Maryland, Montana, Nebraska, New Mexico, Oklahoma, Texas, Virginia, West Virginia, Wisconsin, and Wyoming. 
According to the CDC, Listeriosis is a serious infection usually caused by eating food contaminated with the Listeria monocytogenes bacterium. It is found in soil and water and when the Listeria bacteria gets into a food processing factory, it can live there for years contaminating food products. 
The CDC is urging that you do not eat Rocky Ford cantaloupes from Jensen Farms and should dispose of them.  Those at highest risk for the listeriosis infection are pregnant women, older adults, and those with weakened immune systems.

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LG Humidifier Recall After Home Fires

Monday, October 3rd, 2011

 

LG Electronics Tianjin Appliance Co. and the Consumer Product Safety Commission (CPSC) are re-announcing the recall of the Goldstar and Comfort-Aire dehumidifiers after the product caused another significant home fire. The first recall was in December of 2009 following eleven incidents with the product.

The re-announcement of the recall was prompted after the results of the cause of a fire in a Valparaiso, Indiana home were released. A Fire Marshal reported that there was a short-circuit within the compressor of the dehumidifier which sparked the fire. Luckily the family got out of the house safely, however the fire caused $192,000 worth of property damage.

According to the CPSC, fires caused by these dehumidifiers have resulted in over $1 million dollars in property damages.

The company is recalling approximately 98,000 of these dehumidifiers. The power connector for the dehumidifier ‘s compressor can short circuit and cause a fire or pose a burn hazard.

LG Electronics and the CPSC are urging consumers to contact them for a free repair of the dehumidifier because of the serious risk the defect poses to the consumer and their property.

Brand Model # Serial # Range Place of Sale
Goldstar GHD30Y7 611TAxx00001 through 08400
611TAxx08401 through 40600
612TAxx00001 through 20400
612TAxx21001 through 30600 Home Depot
Goldstar DH305Y7 612TAxx00001 through 00600
701TAxx00001 through 16800
702TAxx00001 through 03000 Walmart
Comfort-Aire BHD-301-C 611TA000001 through 001697
612TA000001 through 004200
701TA000001 through 000578
710TA000001 through 000599 Various Retailers:
Ace Hardware,
Do it Best,
and Orgill Inc…

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Defective products are known to cause physical injury, illness, or death due to a defect in the product or improper labeling. It can take years before anyone discovers that a product is defective or dangerous. Most times defects are discovered after numerous people have already suffered debilitating injury or illness.

The personal injury lawyers at the Law Office of Richard J. Serpe, PC understand that when you have been seriously injured life becomes complicated. We are dedicated to helping victims who have been injured by a defective or dangerous product.

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CPSC Releases Updated Remediation Guide for Homeowners

Monday, September 19th, 2011

The Consumer Product Safety Commission (CPSC) and the Department of Housing and Urban Development (HUD), have released an updated remediation guide for homeowners with defective Chinese drywall.  The new guide lists the following to be replaced:

  • all problem drywall
  • smoke and carbon monoxide alarms
  • electrical distribution components, including receptacles
  • switches and circuit breakers
  • but not necessarily wiring or fusible-type fire sprinkler heads

The two agencies believe that this guide will allow homeowners to remediate their homes at lower costs than previous guidelines.

Remediation Guidance for Homes with Corrosion from Problem Drywall as of September 15, 2011

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Florida Residents May Opt Out of Banner Supply Co Class Settlement

Monday, September 19th, 2011

On Monday, Broward County Circuit Judge Charles Greene, ruled that victims of defective Chinese drywall can file a separate lawsuit against the Miami-based distributor Banner Supply Co. if they are not satisfied with the $54 million Banner class settlement.  The Banner class settlement affects about 2,000 Florida homeowners, however the number of victims across the south who are entitled a share of the class  settlement is still unclear.

According to BizJournals.com, Judge Green’s order says that every plaintiff must file a notice about whether to be included in the settlement class or not.

Colson Hicks Edison, a Coral Gables-based law firm who is handling the settlement has warned that additional lawsuits against Banner Supply Co would cause the company into bankruptcy.  Ervin Gonzalez, an Attorney at Colson Hicks Edison, believes that it is unwise to opt out of the settlement.  On the other hand, Miami attorneys David Durkee and Victor Diaz believe that the class settlement will not provide enough money to each victim to repair their homes.

Banner Supply Co. supports the class settlement but opposes the option to opt out because this will mean more individual lawsuits for the company.  Banner is also suing the German company Knauf Gips for $100 million, alleging they knew about the odor and corrosive nature of the drywall.

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Yorktown Man Injured When Boom Truck Overturns

Thursday, September 15th, 2011

A 60 year old Yorktown man was injured when his work truck overturned last Friday.

He was found unconscious and with a head injury behind the Warwick Village Shopping Center in Newport News. He was transported to a local hospital for treatment.

According to Wavy.com, when emergency crews arrived they found a CNR Construction boom truck overturned with the bucket extended near the worker.

The construction accident is currently being investigated by OSHA, however the preliminary investigation revealed that the supports on the boom truck were not in place when the bucket was extended.

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Norfolk Tide Light Rail Accident; Second Car Collision before opening

Wednesday, August 17th, 2011

Another collision has occurred on 2nd Street and Brambleton Avenue between a car and a light rail train in Downtown Norfolk. This will be the second accident involving a Tide light rail train in less than a week, with just 2 days before its grand opening. 

 

According to WVEC, Haywood Waller was driving a 1992 Ford van on 2nd St, attempting to make a right onto Brambleton Avenue when he collided with a moving light rail train. Mr. Waller was taken to the hospital with minor injuries, no one else was hurt.

He has been issued a summons for disregarding a traffic direction signal.

HRT President and CEO Philip Shucet told WVEC, “People need to look at the signs and obey them,” said Shucet.  “I don’t think the train collided with the van.  I think the van collided with the train, but our investigation will have to be done to verify this.”

Last week, the Norfolk light rail train was involved in a hit and run at the same intersection.  A blue Toyota Camry clipped the light rail train, knocking off the left front quarter panel, and drove off.  This was the first car and light rail accident to occur before the opening of the Tide. 

The Tide is still scheduled to open for riders on Friday.

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Carbon Monoxide Poisoning Leading Cause of Unintentional Deaths in US says CDC

Tuesday, August 16th, 2011
Centers for Disease Control and Prevention (CDC) research has revealed that carbon monoxide (CO) poisoning was the leading cause of unintentional deaths in the United States between 2000 and 2009. 
  • Non fire related CO poisoning accounts for approximately 15,000 emergency room visits and 500 deaths annually. 
  • 68,316 CO exposures were reported reported to poisoning centers between 2000 and 2009
What is Carbon Monoxide?
According to OSHA, “Carbon monoxide (CO) is a poisonous, colorless, odorless, and tasteless gas. Although it has no detectable odor, CO is often mixed with other gases that do have an odor. So, you can
inhale carbon monoxide right along with gases that you can smell and not even know that CO is present. CO is a common industrial hazard resulting from the incomplete burning of natural gas and any other material containing carbon such as gasoline, kerosene, oil, propane, coal, or wood. Forges, blast furnaces and coke ovens produce CO, but one of the most common sources of exposure in the workplace is the internal combustion engine.”
Why is Carbon Monoxide Harmful?
Carbon monoxide reduces the amount of oxygen delivered to the body’s vital organs such as the heart or the brain. When exposed to large enough amounts of CO it can cause you to suffocate or lose consciousness within minutes. 
What are the Symptoms of CO poisoning?
The most common symptoms of carbon monoxide poisoning include:
  • headache
  • dizziness
  • weakness
  • nausea
  • vomiting
  • chest pain
  • confusion
  • loss of consciousness
  • suffocation
  • death
Carbon Monoxide Poisoning Lawsuits
Carbon Monoxide is produced as a result of the incomplete burning of elements containing carbon.  It forms when there is not enough oxygen to produce carbon dioxide (CO2). 
Injuries and death usually occur when equipment is not properly installed, maintained, or there is inadequate ventilation.
According to an OSHA CO fact sheet, places you may be exposed to harmful levels of CO include:
 
 

  • boiler rooms
  • breweries
  • warehouses
  • petroleum refineries
  • pulp and paper productions

 

   

  • steel production
  • docks
  • blast furnaces
  • coke ovens 

 

Occupations that may cause someone to be exposed to high level of Carbon monoxide include:
 
 

  • Welder
  • Garage Mechanic
  • Firefighter
  • Carbon-black maker
  • Organic chemical synthesizer
  • Metal oxide reducer
  • Longshore worker

 
 
 

  • Diesel engine operator
  • Forklift operator
  • Marine terminal worker
  • Toll booth or tunnel attendant
  • customs inspector
  • Police officer
  • Taxi driver

 
If you or a loved one have been seriously injured by carbon monoxide poisoning due to someone else’s negligence, contact our Attorneys for a free consultation. 

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Norfolk Light Rail Train Hit & Run Accident; first accident for The Tide

Tuesday, August 16th, 2011
The first car accident involving one of Norfolk’s light rail trains occurred this morning.  Norfolk police are saying that the accident was a hit and run.  
According to Fox43TV.com, the accident occurred around 7:30 this morning at 2nd Street and W. Brambletom Avenue.  
Police are searching for the driver of a blue Toyota Camry sedan which they believe clipped the light rail train and knocked off the left front quarter panel.  The car did not stop, but instead drove off after hitting the train.
No injuries were reported.
The light rail train was taken to The Tide facility to have the damage evaluated. Officials also watched the footage from the train’s camera for more details on the situation, according to The Virginian Pilot. 
In June an incident between a light rail train and bicyclist occurred at the corner of York and Botetourt. The bicyclist was trying to pedal past the train and scraped its side. There were also no reported injuries and the train had only minor damage.
The Tide has been running for about a month now to help train operators and the public become more familiar with new traffic patterns, signals, and signs. The Tide will have its grand opening on August 19, 2011 and all passengers will ride for free the first week. 

 

Light rail train involved in hit & run: wavy.com

 

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$358.5 Million to Sixteen Children Exposed to Dangerous Amounts of Lead

Tuesday, August 9th, 2011
A jury in St. Louis has awarded $358.5 million to sixteen children who suffered injuries when they were exposed to dangerous amounts of lead from a nearby smelting plant.
According to Reuters, Fluor Corporation, Alpha Natural Resources Inc., and Doe Run Investment Holding Co. would pay $320 million in punitive damages, and $38.5 million to compensate them for health issues and lost lifetime wages.
The children range from 11 to 26 years old and alleged that emissions from the Herculaneum, Missouri based smelting plant caused them injuries including ADD and lowered I.Q.s.
According to AboutLawsuits.com, the complaint alleged that the owners of the plant released lead air pollution knowing about the potential health risks.  It also says that they failed to ensure emission levels were safe and failed to alert the public about the potential risk of lead poisoning.
Fluor Corp. plans to appeal the verdict.
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Over the past few decades, there have been significant measures taken to reduce the risk of poisoning through exposure to lead. Our cars are now required to run on unleaded gasoline. The use of lead-based paint is now banned. 

We have limited our exposure to lead for a good reason: lead is a toxic substance that can adversely affect brain development in children, damage the nervous system or kidneys, or even result in death.

We now know that children suffer from permanent brain damage with even extremely small amounts of lead in their blood. The American Academy of Pediatrics calls the situation unacceptable and has called for more action to eliminate this problem once and for all.  Children suffer greatly from exposure to lead. 

  • In large doses, this toxin can cause permanent physiological damage, but even in small doses, the effects can last a lifetime.
  • Brain and nerve function in young victims can severely alter a child’s ability to learn and perform.
  • Teachers reported that students with elevated tooth lead concentrations were more inattentive, hyperactive, disorganized, and less able to follow directions.
  • Additional follow-up of some of those children showed higher rates of failure to graduate from high school, reading disabilities, and greater absenteeism in the final year of high school.
  • Elevated bone lead concentrations are associated with increased attention dysfunction, aggression, and delinquency.
Over the years, Richard Serpe has gained a reputation as being a fierce advocate for the rights of those who have suffered from the careless pollution of their environments. He made history in Virginia when he received a $2,000,000 verdict, which is the largest verdict in the state for a victim of lead poisoning. He has successfully argued for his clients before state and federal courts and has dedicated his career to helping the victims of environmental poisoning receive fair and just treatment. 

If your children have suffered from lead poisoning, and you feel that your needs and concerns are not being taken seriously,  contact the Law Offices of Richard Serpe for a free legal consultation today.

 

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Manassas Man Dies After Being Tased by Police

Tuesday, August 9th, 2011
Debro Lamonte Wilkerson of Manassas, Va died Saturday after being tased by Prince William County Police.
According to WUSA9.com, Mr. Wilkerson was being treated for a medical emergency when police say he became combative with paramedics. He then lunged at an officer, who in self defense deployed a taser.
Officers were in the process of placing handcuffs on Wilkerson, however he jumped up and ran out of the ambulance. He then assaulted a relative, but finally let her go after police threatened to use pepper spray.
While in custody Mr. Wilkerson told police that he had been using heroin and PCP.  Once they returned to the ambulance he again lunged at them and ran out of the ambulance.  Police officers caught up to him and deployed a taser again to stop him. Wilkerson continued to resist arrest.
According to the police report, while officers restrained him, paramedics applied medical treatment.  He eventually became very passive, and his vital signs began to deteriorate.  They could no longer find a pulse and began resuscitation efforts. Mr. Wilkerson was taken to the hospital, but was later pronounced dead.
An investigation is still on going, and an autopsy is schedule to be performed today.
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While tasers are designed to be a safe alternative to guns there are still incidences of taser related deaths, many of which have lead to lawsuits.
In 2008, the largest stun-gun maker lost a $6.2 million lawsuit over the death of Robert Heston, a California man shot multiple times with a taser by police.  The products liability lawsuit against Taser International Inc., alleged that the company failed to warn police that prolonged exposure to electric shock could cause cardiac arrest.
In 2009, Pamela Brown won $65,000 in a federal lawsuit after police tased her on Granby Street in Norfolk, Va.  Pamela Brown who has a brain injury from being hit by a truck years ago, was listening to music and hula hooping on a median. She was tased because she began hitting an officer who asked her to turn down a radio.
In 2010, a North Carolina family filed a wrongful death lawsuit against the Taser International Inc., over the death of their teenage son.  Darryl Wayne Turner died of cardiac arrest after being tased twice by police. According to FoxCarolina.com, the officer first held the trigger for 37 seconds, and then again for 5 seconds.  The jury awarded $10 million to the family stating the company did not provide adequate warning or instruction about the use of the stun-gun to Charlotte police creating an unreasonably dangerous condition.
Amnesty International estimates that over 350 people have been killed in taser related deaths.

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Eastern Shore car accident kills 2 and injures 2 others

Tuesday, August 2nd, 2011

According to WVEC.com, two people were killed and two others were injured in a car accident on the Eastern Shore around 10:00PM last night.
The vehicle, a Buick Century, was traveling on Route 178 when it ran off of the road, hit a tree stump, and overturned.
The driver, Cecilio Purdena Alaniz, and the front seat passenger, Shirley Mae Tate, were both killed. Both Alaniz and Tate lived in Craddockville.
The two back seat passengers were taken to the hospital with non-life threatening injuries.

Va. State Police have said everyone in the vehicle was wearing a seat belt, however alcohol may have contributed to the crash.

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Worker Killed in Accident at Chesapeake Golf Course

Tuesday, August 2nd, 2011

Wavy.com reports that around 10AM yesterday morning, Chesapeake police responded to a fatal industrial accident at the Cahoon Plantation Golf Course in Chesapeake.
Michael Costa of Camden, North Carolina, the maintenance superintendent for the golf course, was identified as the victim in the accident.
According to The Virginian Pilot, Detective Ronnie Young determined that Mr. Costa was crushed by a lawn sprayer and died of mechanical asphyxiation.

The accident is still under investigation by the Police and OSHA.

 

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