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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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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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Chesapeake man killed after faulty fuel line causes SUV fire; woman & child injured

Tuesday, July 5th, 2011

An unfortunate accident occurred Sunday when a 2011 Chevrolet Traverse caught fire due to what police are saying was a faulty fuel line killing James Anthony Weschler.

Michelle Weschler and a four year old child in the backseat were able to get out of the vehicle when someone stopped to help them escape.

According to WVEC.com, she was taken to Sentara Norfolk General Hospital and is in critical condition. The child was also injured and taken to Children’s Hospital of the King’s Daughters.

The accident happened occurred near Little Creek Road on I-64.

Mr. Weschler was 38 years old and a Chesapeake resident.  According to the Virginian-Pilot he was in the Navy.

 

Norfolk, Virginia Defective Product Injury & Wrongful Death Lawyers

  • Defective products, such as auto parts of poorly designed cars or medical products, are known to cause physical injury, illness, or even death.  With these types of cases it is not uncommon for serious injury to occur before the defect is found. If you believe that you or a loved one were injured due to a defective product, contact our Norfolk, Virginia injury attorneys for a free consultation. Local:757-233-0009 or Toll Free: 877-544-5323

 

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Latest CPSC Recalls 5/31

Tuesday, May 31st, 2011

5/31/2011

5/27/2011

  • Lan Enterprises Recalls Zooper Strollers Due to Strangulation Hazard
    • 2,300 Strollers distributed by: Lan Enterprises, LLC, of Hillsboro, Ore.
    • “The opening between the armrest bar/snack tray and seat bottom of the stroller can allow an infant’s body to pass through and become entrapped at the neck, posing a strangulation hazard to young children when a child is not harnessed. When using a stroller, parents are encouraged to always secure children by using the safety harness, and never leave the child unattended.”
  • HP Expands Recall of Netbook Computer Batteries Due to Fire Hazard
    • Consumers urged to recheck netbook models and batteries
    • Previous recall of about 54,000 to 70,000, and 162,600 additional batteries
    • The recalled lithium-ion batteries can overheat and rupture, posing fire and burn hazards to consumers.
    • “Since the May 2010 recall expansion, HP has received 40 additional reports of batteries that overheated and ruptured, resulting in seven burn injuries, one smoke inhalation injury, and 36 instances of property damage.”

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Defective Products Attorney Richard Serpe on DePuy ASR Hip Implants

Wednesday, May 18th, 2011

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CPSC Reissues Marclaren Stroller Recall due to Fingertip Amuptations and Lacerations

Monday, May 16th, 2011
The CPSC and Maclaren USA, Inc of South Norwalk, Conn. reissued a recall of Maclaren strollers sold prior to 2009. The recall was issued previously in November of 2009, however recent reports of additional  fingertip amputations and lacerations has prompted the re-announcement.
They are urging consumers that have not gotten the repair offered do so immediately. 
Marlaren has received a total of 149 reports of injuries. According to the CPSC the injuries include:
  • 17 fingertip amputations
  • 16 lacerations
  • 16 fingertip entrapment/bruising incident
The stroller’s defective hinge can cause these types of injures when unfolding or opening the stroller.
The recall includes all Marclaren single and double umbrella strollers sold before November 2009.  Marclaren asks that if you have one of the strollers and have not yet installed the hinge covers to contact as soon as possible for a free repair kit. 

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Glaxo to Settle About 1,000 More Avandia Lawsuits

Thursday, May 12th, 2011

So far GlaxoSmithKline (GSK) has agreed to pay at least $700 million over the last eight months to settle approximately 12,000 lawsuits relating to the diabetes drug Avandia, according to a Bloomberg report.  The lawsuits allege that Glaxo failed to warn consumers of the fatal side effects such as heart attack and stroke.

The drugmaker is currently speaking with about 1,000 Avandia victims who sued the company in state courts. 

Avandia (rosiglitazone) is a drug, developed by GlaxoSmithKline (GSK), used for the treatment of type 2 diabetes.    It was approved by the Food and Drug Administration (FDA) in 1999. However, since the approval of the drug the FDA has continued monitoring several heart related adverse effects that were of concern during clinical trials.  In 2006 & 2007, the FDA requested that the labeling for the drug be changed as new data showed the potential risks of the drug.

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GlaxoSmithKline has settled over 100 lawsuits over Denture Cream zinc poisoning

Tuesday, May 10th, 2011

GlaxoSmithKline (GSK) has settled over 100 lawsuits within the past nine months over the Poligrip Denture Cream lawsuits, according to an article on Bloomberg.com.  GSK has paid at least $120 million to settle the claims, averaging more than $1 million person person.

The lawsuits claimed that GSK failed to properly warn consumers about zinc related health risks.  They claim that Poligrip products have caused neurological disorders caused by the zinc in the denture cream.

In February Glaxo decided that it would removed zinc from their denture cream products after research indicated that it was linked to several neurological problems including nerve damage.  Zinc poisoning can rid the body of copper resulting in nerve damage, which it turn may result in weakness of limbs, balance issues, and memory loss.

 

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FL Judge rules Teachers Insurance Co. to cover Chinese Drywall damage

Tuesday, May 10th, 2011

A Hillsborough County Circuit Judge ruled that a family’s home damaged by the defective Chinese drywall should be covered by their homeowners insurance policy.

According to an article in the Miami-Herald, Judge Robert Foster said that he found no exclusion in Craig & Melissa Walker’s insurance policy. The Walkers sued the Springfield, IL based company- Teachers Insurance Co. for refusing to cover their damages caused by defective Chinese drywall.

The Judge Foster said that the drywall was not “defective” because it served its purpose as drywall, however it also emits a corrosive gas. The policy covers smoke damage, and Judge Foster interpreted smoke to be the same as gas.

“The court finds that the ordinary meaning as found in a Merriam-Webster dictionary, defines ‘smoke’ as a ‘suspension of particles in a gas.’ “

He went on to say, “The court has applied the definition that allows coverage, which is at least as reasonable as the definition that might exclude coverage.”

 

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