San Francisco Personal Injury Lawyer

Defective Product Recall – Salami Suspected to Cause Salmonella Food Poisoning

Claude Wyle — Sun, 31 Jan 2010 16:55:57 GMT

I’m writing today to alert you to a defective product salami recall, possibly due to tainted black pepper. Daniele International, Inc. has recalled 1.24 million pounds of salami products.

It is currently believed that the salami may be linked to the ongoing salmonella outbreak. Since July 2009, 184 people in 38 states have gotten sick from salmonella. The Center for Disease Control investigated showed that of 39 people who became ill, a little more than half of the patients recently had eaten salami. In addition, 11 people who became ill had purchased the same salami variety pack, made by Daniele, at different groceries before their symptoms appeared.

After seeing similar cases, area doctors notified the Oregon Department of Health, which then tested two Daniele products and found salmonella. The finding of salmonella was confirmed by the Food Safety and Inspection Service of the U.S. Department of Agriculture (USDA) -- but a different strain of salmonella, other than the ones causing the outbreak, was found.

Daniele did act promptly and immediately issued a nationwide recall of 1.24 million pounds of its ready-to-eat salami products. However, Daniele’s current position is that it has tested samples from all of its products and says these tests are negative. The company also says the Rhode Island Department of Health and the USDA have inspected its plant and found no contamination. As a San Francisco dangerous products attorney, I find this position a little hard to believe, inasmuch as the Oregon Health Department and the USDA both found salmonella in Daniele’s products.

If you suspect that you are sick from eating a dangerous product, please see a doctor immediately and see an attorney to determine whether

So Where Is the Salmonella?

According to the USDA, Daniele suspects the salmonella came from tainted black pepper used in the products. That's triggered an FDA/USDA investigation, FDA spokesman Sebastian Cianci tells WebMD. "The black pepper used by Daniele, Inc. during the processing of the recalled meats is regulated by FDA," according to a written statement provided by Cianci. "FDA is working closely with Daniele Inc. and our public health partners to determine if the black pepper is the possible source of contamination. To date there have been no reports of illness associated with black pepper found in other products in the U.S."

But can black pepper really carry salmonella? Apparently it can. Salmonella has in the past been found in black pepper, white pepper, red pepper, and paprika. It's also been found in other dry spices, although the concentrations in pepper and other spices appear to be low, according to a 2006 review led by FDA and CDC. That review suggested that black peppers, which are sun-dried, unripe pepper berries, may be more likely to carry salmonella than white peppers, which have their outer skins removed before drying.

The paper notes that while cooking kills salmonella, "the potential for contaminated spices to cause widespread outbreaks ... as well as the widespread use of spices in ready-to-eat foods ... highlight the need to maintain rigorous standards in spice production, distribution, and sales."

Recalled Salami Products

The specific products recalled by Daniele all carry a USDA mark of inspection bearing establishment numbers "EST. 9992" or "EST. 54."

All of the recalled products may be returned to the point of purchase for a full refund:

The recalled products with UPC codes are:

• Daniele All Natural Salame (Coated with Coarse Black Pepper) (10 oz) 736436003802

• Daniele Brand Gourmet Pack (Emballage Assorti Gourmet Italian) (500 g)736436707373

• Daniele Deli Selection (20 oz)736436531024 / 736436854350

• Daniele deli Selection (32 oz) 736436720037

• Daniele Gourmet Combo Pack (16 oz) 736436707380

• Daniele Gourmet Deli Selection (Assortment De Fines Charcuterie Italienne) (400 g) 736436530131

• Daniele Gourmet Italian Deli Selection (600 g) 736436720051

• Daniele Italian Brand Gourmet Pack (16 oz) 736436707335 / 736436857313

• Daniele Italian Brand Gourmet Pack (8 oz) 736436847291

• Daniele Natural Salame Coated with Coarse Black Pepper (catch weight)

• Daniele Pepper Salame (catch weight) and EW. 736436303308

• Daniele Salame Bites Pepper Salame (7 oz) 736436200393

• Daniele Surtido Fino Italiano (340 g) 736436857092

• Daniele Surtido Fino Italiano (454 g) 736436707335

• Dietz & Watson Artisan Collection Baby Genoa Pepper Salame (catch weight)

• Dietz & Watson Artisan Collection Party Platter Pack (8 oz) 031506847103

• Boar’s Head All Natural Salame (Coated with Coarse Black Pepper) (8 oz) 042421160758

• Black Bear Baby Genoa Pepper Salame (9 oz) 630003950226

Originally posted at InjuryBoard by Claude Wyle

Dorel Asia Dangerous Crib Recalled: Causes one infant death, 10 injuries to infants

Claude Wyle — Sat, 23 Jan 2010 11:05:33 GMT

As a child safety attorney, I am writing today to get the word out on this The U.S. Consumer Product Safety Commission recall as soon as possible. Dorel Asia SRL, of Barbados, is announcing a voluntary recall to replace this dangerous product: drop side and non-drop side cribs that pose suffocation and strangulation hazards to infants and toddlers.

Consumers should immediately stop using the recalled cribs until replacement kits are obtained and installed.

A 6-month-old boy from Cedar Rapids, Iowa, strangled after getting trapped by this defective product when the drop-side hardware broke. His parents had
continued using the crib after trying to repair it themselves.

In typical corporate fashion, Dorel attempts to shift the blame to the parents child’s death by describing the circumstances leading to this death as "highly unusual," because the crib was known to be broken and had been held together with duct tape, according to investigators of the incident. Anyone who wonders why we need strong attorneys opposing big corporations need look no further. You can be sure that if Dorel Asia were not worried about lawsuits, they would not be voluntarily recalling these cribs.

In addition to the death of a child, other cribs were recalled because a child can be trapped if one of the slats is broken or damaged. This damage can occur while the crib is in use as well as when it is being put together, taken apart or shipped.

CPSC and Dorel Asia SRL have received 31 reports of incidents involving drop-side cribs. There are six reports of incidents of children being trapped between the mattress and the drop side, including three reports of bruises. The agency and company have also received 36 reports of broken slats, including two reports of trapped children and seven reports of bruises and scratches. To receive a free repair kit to prevent this hazard, contact Dorel Asia at 866-762-2304. More information is available online at http://www.dorel-asia.com.

The following Dorel Asia cribs are involved in the recall:

Model Number	Front Rail	Description
WM1633	Drop side	3-1 Sleigh Crib – Cherry
WM1633-0	Drop side	3-1 Sleigh Crib - Cherry (no castors)
WM1676BC	Fixed	4-1 Bethany James Crib – Walnut
WM1676BCR-DC	Fixed	2-1 Crib – Walnut
WM2163	Fixed	4-1 Crib – Manhattan Walnut
WM2163DC	Fixed	4-1 Crib – Manhattan Walnut
WM1633-0-DC	Fixed	3-1 Sleigh Crib (no castors)
GP004B3EGR	Drop side	3-1 Convertible – Espresso
GP004B3WGR	Drop side	3-1 Convertible – White
GP006BCEGR	Drop side	Single – Espresso
GP006BCWGR	Drop side	Single – White
DA1615B3	Drop side	3-1 Convertible Crib – Natural
DAKM5132	Drop side	3-1 Convertible Crib – White
DASE5005	Drop side	Cottage Hill Single Crib – White
DASE5009	Drop side	Vintage Estate 3-1 Sleigh Crib – Cherry
DA0504KMC-1N	Drop side	3-1 Heritage Crib – Natural
DA0504KMC-1W	Drop side	3-1 Heritage Crib – White
DA1614B3	Drop side	3-1 Lexington Crib – Cherry
DAKM5152	Drop side	Single Jenny Lind Crib - Walnut
DASE5015	Drop side	3-1 Convertible - Toffee

Sold at: K-Mart, Sears and Wal-Mart stores nationwide from January 2005 through December 2009 for between $120 and $700.

Originally posted at InjuryBoard by Claude Wyle

New Ski Helmet Bill Proposed in California as a Way to Prevent a Fatal Head Injury

Claude Wyle — Mon, 18 Jan 2010 19:48:32 GMT

Last month I wrote about bike helmets for kids and how important they are to bicycle safety. You may recall that studies show 75% of bicycle related deaths are due to head injuries.

Because of the seriousness of a head injury while bicycling, most parents are beginning to insist that their children wear a helmet. What most people still haven’t considered is the dangers posed by skiing without a helmet. This is now being addressed by California State Senator Leland Yee (D-San Francisco). Senator Yee has proposed a new ski helmet law for anyone under 18 on the slopes in California. The bill was introduced last Wednesday. As a Bay Area head injury lawyer, I applaud Senator Yee and offer my support on this important bill.

The bill, SB 880, is intended to safeguard children who enjoy popular alpine sports such as skiing and snowboarding. SB 880 would require all children under age 18 to wear helmets while skiing and snowboarding. This bill is modeled after existing law that requires minors to wear helmets while riding a bicycle.

Similar to the numbers in bicycling, half of all skiing deaths are caused by a head injury. Recent studies show that when helmets are used, the incidence of traumatic brain or head injury has been reduced 29 percent to 56 percent. The Federal Consumer Products Safety Commission (CPSC) has found that more than 7,000 head injuries per year on the slopes in the U.S. could be prevented or reduced in severity by the use of a helmet. The CPSC study also showed that “for children under 15 years of age, 53 percent of head injuries (approximately 2,600 of the 4,950 head injuries annually) are addressable by use of a helmet.

There is research pointing to an increase in traumatic brain injury and spinal cord injuries among skiers and snow boarders worldwide, which seem to be related to an increase and acceptance of higher speeds on the slopes and more acrobatic maneuvers. However, parents should know that research shows that even mild concussions and other head injuries can have serious long-term effects.

Many of us still recall British actress Natasha Richardson’s death last March because of a head injury suffered during a skiing accident at the Mont Tremblant ski resort in Quebec. Ms. Richardson’s death is that the accident occurred while the actress was taking a skiing lesson. Her fall was not very spectacular and occurred at a low speed on a beginner run. While she initially experienced no symptoms from her fall, she later complained of a headache and was taken to a local hospital.

She was not wearing a helmet at the time of the accident.

So, again, I urge parents, even before this bill is passed, have children under 18 wear a helmet while skiing or snowboarding.

Originally posted at InjuryBoard by Claude Wyle

Dangerous Products for Children—FDA Issues Consumer Alert on HAPPYTOT Baby Foods

Claude Wyle — Fri, 15 Jan 2010 17:41:18 GMT

I need to advise you of a consumer alert for Happytot Baby Foods and to remind you that if you buy any defective foods, please call the health department. Additionally, if you are ever harmed by defective food products, under California law, the retailer who sold you the product as well as the manufacturer may be liable to help with your medical bills or other expenses. If this happens, please consult a qualified Bay Area Product Liability Lawyer for advice.

The FDA is recommending that the public not consume any varieties of HAPPYTOT Stage 4 and certain varieties of HAPPYBABY Stage 1 and Stage 2 baby foods in pouches distributed by Nurture Inc., because these are suspected of being products dangerous to children The firm is recalling these products because some pouches are leaking or swollen. Swollen or leaking pouches may indicate problems with the product, including possible product contamination by bacteria that can cause illness, or that the packaging has been compromised and is at risk of bacterial contamination, making them a defective product. The varieties of these products that should not be consumed are as follows:

HAPPYTOT Green bean, pear & peas, NET WT. 4.22 OZ. (120g), UPC 8 52697 00127 9;
HAPPYTOT Sweet potato, carrot, apple & cinnamon, NET WT. 4.22 OZ. (120g), UPC 8 52697 00128 6;
HAPPYTOT Spinach, mango & pear, NET WT. 4.22 OZ. (120g), UPC 8 52697 00129 3;
HAPPYTOT Butternut squash & apple, NET WT. 4.22 OZ. (120g), UPC 8 52697 00130 9;
HAPPYTOT Banana, peach, coconut & prunes, NET WT. 4.22 OZ. (120g), UPC 8 52697 00131 6;
HAPPYTOT Banana, peach & mango, NET WT. 4.22 OZ. (120g), UPC 8 52697 00132 3
HAPPYBABY Mango, NET WT. 3.5 OZ. (99g), UPC 8 52697 00134 7
HAPPYBABY Spinach Mango Pear, NET WT. 3.5 OZ. (99g), UPC 8 52697 00139 2
HAPPYBABY Apricot Sweet Potato, NET WT. 3.5 OZ. (99g), UPC 8 52697 00136 1

The above meals are packaged in plastic pouches with plastic caps and are sold at retail stores nationwide. To determine if a specific product is part of this recall, consumers should examine product packaging for expiration date codes between October 2010 and January 2011. These expiration date codes are printed as the first seven characters of a 15-character string. After receiving a consumer complaint of a swollen pouch, the FDA contacted the company, Nurture Inc., of Brooklyn, N.Y. The agency began an investigation and found additional pouches that were swollen or leaking. FDA is conducting tests for possible bacterial contamination. The FDA is also conducting an inspection at the contract manufacturer of these products to review its overall manufacturing process. No illnesses have been reported to the FDA to date. Consumers who have served or consumed these products and become ill should contact their health providers immediately and report that to their FDA district office and to the company. Consumers who see swelling, leaking, or packaging problems in any HAPPYTOT Stage 4 or HAPPYBABY Stage 1 or Stage 2 pouched baby food products should discard the products in a way that will keep people and pets from retrieving them, and should wash their hands thoroughly after handling the packages. Store personnel who handle products involved in the company recall should wash their hands thoroughly after handling packages of these products. FDA will update its Web site as additional information becomes available. For more information:
To report a problem, contact your FDA consumer complaint coordinator: http://www.fda.gov/Safety/ReportaProblem/ConsumerComplaintCoordinators/default.htm
For current food safety updates, visit www.foodsafety.gov.

Originally posted at InjuryBoard by Claude Wyle

San Francisco Muni Accident Caught on Camera, but Who is Watching?

Claude Wyle — Thu, 07 Jan 2010 16:46:35 GMT

Last November, Muni told us that the “DriveCam” system would use interior and exterior cameras to record collisions and other unsafe driving behavior. The cameras are able to record and download a few seconds of footage before and after an incident when the vehicle experiences an exceptional force, such as hard braking or swerving during muni bus accidents. These recordings would then be used for safety investigations and Operator instruction.

If you believe Muni, the cameras are doing the job in some respects. Muni recently released a PDF “safety report” demonstrating an “18 percent decline in Muni-vehicle accidents (from 1413 to 1152) and a 38 percent decline in Muni-pedestrian accidents (from 61 to 38)” year over year n 2008 and 2009.

So, if you’re like me, you’re wondering if the DriveCam system was working on the 19 Polk Muni that crashed early on the morning of January 5th. According to SF Muni spokesperson Judson True, yes, the system was operable and yes, the video is under review as part of the investigation.

So, if you’re like me, the next thing you want to know is when we can see the film. Back in July I posted a link to the West Portal Light Rail Muni crash and I believe we all learned a lot about the accident once we were able to view it in real time. I think we would all similarly benefit from watching the video of this accident. At the very least, in the words of Eve Batey of SFAppeal Online Newspaper, “it seems like video from the moments leading up to the crash could be an invaluable tool in replacing speculation with fact, and could certainly send a more powerful message than all the PDFs in the world.”

As a San Francisco Muni accident attorney, I believe I speak for all residents when I join Eve Batey and ask for Muni to release the video of yesterday’s accident immediately. Handling Muni cases, I have been consistently surprised to learn that the video for each and every one of my cases has mysteriously not functioned for our accident. So far, Muni’s transparency is a bit too opaque, IMHO.

Originally posted at InjuryBoard by Claude Wyle

Pit Bull Attack May Result in Criminal Charges

Claude Wyle — Thu, 07 Jan 2010 00:51:27 GMT

The Santa Cruz County Animal Services Authority is looking into filing charges against the owner of a pit bull that attacked a woman in Watsonville on New Year's Day. The 64-year-old woman was walking in the 800 block of Virginia Street at 12:56 p.m. when she attacked by the pit bull, which was unleashed. Fortunately, the dog's owner was able to get the pit bull off the victim and secure the dog. The owner then voluntarily surrendered the dog to authorities. The woman, meanwhile, is still recovering from her wounds at a local hospital on Tuesday. The owner requested the dog be euthanized, but authorities are considering whether the owner violated state codes, or even a new Watsonville law concerning attacks by vicious dogs. "If a person is convicted of a violation then they could face restitution to the victim," said Henry Brzezinski, of the Santa Cruz County Animal Services Authority. "The court could order that as part of the criminal proceedings. So, it's kind of a unique. It's kind of a civil rolled into a criminal." As a Bay Area personal injury attorney who sees dog bites and attacks, I am disturbed about this attack, but satisfied that the owner surrendered the dog for euthanasia. I am a dog lover, but I cannot condone harboring a vicious animal. I also endorse Watsonville’s ordinance regarding vicious or dangerous animals. I specifically approve of the ordinance’s requirement that the owner of such an animal carry sufficient insurance in the event of an attack. When the injuries are severe, proper insurance could mean the difference between a dog owner taking financial responsibility for the medical bills and consequential damages to the victim and the homeowner herself losing her home or facing bankruptcy. To protect yourself and others, if you have a dog which has shown any tendency to be aggressive, please keep them fenced, muzzled, or safely away from the public. And make sure that you are properly insured, please.

Originally posted at InjuryBoard by Claude Wyle

Two separate pedestrian accidents in San Francisco on same day

Claude Wyle — Thu, 24 Dec 2009 12:00:00 GMT

Two pedestrians were struck by vehicles and severely injured Monday morning in separate but near-simultaneous incidents near San Francisco City Hall and in the city's Bayview District.

In the first, a 54-year-old woman was hit by a car while crossing the street at Van Ness Avenue and Grove Street.

About 10 minutes later, another woman was hit by a vehicle near Quint Street and Palou Avenue in the Bavyiew.

Both victims suffered life-threatening personal injuries after being hit by the cars and were taken to San Francisco General Hospital, where both were undergoing surgery mid-morning.

What’s interesting about these accidents is that the drivers in both cases pulled over afterward, no arrests have been made, and it does not appear that there was any criminal conduct involved. As a Bay Area attorney specializing in pedestrian accidents, this reminds me that the driver is not necessarily at fault in accidents like these. But if you are a pedestrian hit by a car, even if no citation is issued to the driver, I recommend you see a personal injury lawyer. There could be liability on the part of the driver, or there could be other avenues of recovery, such as your own uninsured motorists’ insurance coverage that should be explored.

Originally posted at InjuryBoard by Claude Wyle

Prevent Bay Area drunk driving traffic accidents and car crashes: Designate a driver!

Claude Wyle — Wed, 23 Dec 2009 17:24:37 GMT

Last Saturday began the 17 day winter holiday enforcement period for the CHP’s AVOID Program. Avoid seeks to publicize the combined DUI enforcement efforts of participating Bay Area law enforcement agencies and to raise awareness of the increasing problems associated with drinking and driving, including auto accidents, fatal car crashes, and even motorcycle accidents. These efforts are focused especially during the holiday periods throughout the year when drinking and driving appears to increase.

The AVOID campaign will be in effect from the 19th through Sunday, Jan. 3, said Lt. Jim Calonico of the San Francisco Police Department’s Traffic Company. The crackdown is part of a nine-county, 125-department Bay Area Avoid coalition. Similar AVOID campaigns are in force in 41 of the state’s 58 counties. Further checkpoints are set for two consecutive Sundays, Dec. 27 and Jan.3. SFPD will run DUI saturation patrols several times during the holidays.

California Highway Patrol officers from the San Francisco and Marin County offices will flood the freeways around Christmas and New Year’s Day, said Capt. Paul Fontana of the San Francisco squad. The Marin squad covers the Golden Gate Bridge and its approaches.

I know that not everyone likes the idea if checkpoints, but this is one instance where an ounce of prevention is worth a pound of cure. As a Bay Area accident attorney, I am face to face with the physical and emotional damage caused by car accidents of any kind. The holiday season is great for getting together with those whom we love and a celebration can be enhanced by sharing a cup of cheer. But lives can be ruined even by a drunk driving arrest, to say nothing of a drunk driving crash. It seems so obvious but if you want to drink, designate a driver and make it home safely and without hassle from cranky cops who have to work over the holidays.

Originally posted at InjuryBoard by Claude Wyle

Fatal Head On Auto Accident in Napa Valley on the Silverado Trail

Claude Wyle — Fri, 18 Dec 2009 22:57:44 GMT

A very sad story out of Napa Valley today reminds us that, to avoid accidents in the rain, we should watch our speed and check our tires during the rainy season. At 5:48 a.m. this Wednesday, Augustine Quezada, 29, of Clearlake, was driving a 2006 Ford Mustang south on Silverado Trail north of Skellenger Lane when he lost control of the car, according to the California Highway Patrol. His car then spun 180 degrees and crashed head-on into another car going north.

The front of the Honda hit the Ford, which was still moving south. Both cars crumpled under the impact.

Saul Alvarez-Ayala, 45, of Napa, a passenger in the Honda, died at the scene of this fatal car collision.

The driver of the Honda, Jorge Mora, 22 of Napa, suffered moderate to major injuries and was taken to the Queen of the Valley Medical Center, the CHP said.

Quezada also was taken to the Queen, where he passed at about noon.

Alvarez-Ayala was on his way to work at a winery Upvalley when the accident occurred, said Napa County Sheriff Capt. Tracey Stuart.

Tragically, Quezada was a husband and new father to a six-day-old baby.

The fatal car wreck occurred north of Skellenger Lane at a slight curve in the road, said CHP Officer Jaret Paulson. The road there is wide and doesn’t present any serious hazards, he said. The cause of the crash is under investigation, though rain and speed are possible factors, Paulson said. I think that the families of the people who have been killed in this head on car crash should immediately take steps to inspect the vehicles for dangerous defects such as bad tires.

This year I settled a case for a family who lost their mother in a January head on crash and the facts looked very similar to the Quezada accident until a careful inspection of the decedent’s rental car revealed bald tires. As a wrongful death attorney, I brought suit in San Francisco against the rental car company and made them accountable. It would have cost this company so little to replace the bald tire, and it cost this family so much when their mom spun out and hit a truck head on.

Many people jokingly refer to personal injury lawyers as ambulance chasers and harbor a mistaken belief that we like to see accidents. As a Bay Area auto accident attorney, I want to assure you that nothing could be further from the truth. In my job, I come face to face with the tragedy of fatal car crashes, and I am committed to improving bicycle motorcycle auto and roadway safety and preventing serious auto accidents. So, please everyone, slow down whenever there is water on the road and check your tires when the roads get wet. Injuries and fatal crashes from bald tires are totally preventable. Please take a few minutes to make sure that your tires are safe for this Winter Season. Best wishes, Claude

Originally posted at InjuryBoard by Claude Wyle

San Rafael woman killed in Richmond head-on collision with truck

Claude Wyle — Wed, 16 Dec 2009 14:06:33 GMT

Due to the nature of this blog, and as a Bay Area accident attorney, I often have to comment on heartbreaking stories, but none more so than those involving young people. Last week, a young San Rafael woman, Danaz Salak, was tragically killed in a car accident when the car she was driving the wrong way on Interstate 580 in Richmond collided head-on with a truck.

Salak, 18, a recent San Marin High School graduate was a student at City College of San Francisco. She was pronounced dead at the site of the collision, which occurred at 12:25 a.m. Her 1993 eastbound Lexus hit a truck on westbound Interstate 580 near the Central Avenue exit, according to the California Highway Patrol.

According to CHP spokesperson Sam Morgan, Salak had entered the freeway traveling in the wrong direction. The truck driver tried to avoid the Lexus by moving right to left, from the slow lane to the fast lane, but the Lexus moved in the same direction before the two vehicles collided in the fast lane.

The truck driver, the only other person in the accident, was not injured.

"We don't know why the driver was driving the wrong way," Morgan said. He said it was unknown whether Salak was disoriented or whether alcohol may have been involved; officials were awaiting toxicology reports. The Lexus' speed at the time of the accident was unknown, Morgan said.

I don’t fault the CHP for doing a toxicology report; at first glance, it could appear that this accident was Ms. Salak’s fault, but let’s not stop the inquiry there. In addition to determining whether drugs and/or alcohol were involved, let’s also determine whether there was a dangerous or faulty roadway condition that led to her being on the wrong side of the road or faulty signage on the road.

Finally, an online guest book has been created for Danaz June Salak if you wish to share your memories or express your condolences.

Originally posted at InjuryBoard by Claude Wyle