Month: January 2013

Wild Alaskan Salmon Product Recall

The Food & Drug Administration recently posted two recalls/food safety alerts pertaining to Whole Foods Market Whole Catch Wild Alaskan Sockeye Salmon (4 oz). On Friday January 25, a recall was issued by the FDA on lot code 7425A2298B, which was sold in Whole Foods stores in Colorado, Connecticut, Florida, Idaho, Kansas, Maine, Massachusetts, New Jersey, New Mexico, New York, Rhode Island, and Utah. On January 30, the FDA issued a recall for a second lot code 7425A2297Asold in Whole Foods stores in 18 states including Arkansas, California, Colorado, Idaho, Kansas, Louisiana, Nevada, New Mexico, Oklahoma, Texas, and Utah.

The product may contain Listeria Monocytogenes, which is an organism which can cause a sometimes fatal infection in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer short term symptoms, such as high fever, severe headaches, nausea, abdominal pain and diarrhea, according to the FDA recalls, Listeria infection can cause miscarriages and stillbirths among pregnant women. As of this date, there have been no reports of illnesses, though according to the FDA website, a sample of the product tested positive for listeria.

For more details on this and many other product recalls, for information if you have purchased this product and to subscribe to FDA recalls and safety alerts visit the FDA website.

If you have suffered a serious harmful effect or illness from a food product you should see your healthcare provider immediately. If possible, bring a stool sample and keep the product refrigerated. Contact the FDA to report any  confirmation of illness. Food product safety and food poisoning can be a serious problem causing risk of hospitalization and death. You may be entitled to file a claim against a manufacturer and/or suppliers of contaminated food products.

Okun, Oddo & Babat diligently and professionally pursues client’s legal rights against manufacturers and suppliers for any legal compensation claim including significant medical bills, lost income, rehabilitation, financial support or fatality expenses. Contact us for a consultation.

New Disclosure on 2010 Hip Implant Recall

Earlier this month it was revealed in an extensive New York Times article by Barry Meier that newly disclosed court records pertaining to the 2010 Johnson & Johnson hip implant recall indicate that Johnson & Johnson did not reveal their internal analysis regarding the potential early failure rate of their all-metal hip implant device.

The first of many lawsuits filed against the company are now going to court as thousands of patients who received implants may now be facing costly and painful additional replacement procedures. The article addresses the implant’s metal hip cup design the Food and Drug Administration concerns regarding “high concentration of metal ions.” A high level of reports of premature failure of the device, over 300, received by the FDA, compared to competing implants, prompted the initial recall.

Based on the number of patients who had undergone device replacement at the time of the initial recall, it was estimated by DePuy Orthopaedics, a division of Johnson & Johnson, that 37 percent of patients who received it initially, may need replacement.

If you or someone you know has had hip replacement surgery, you should be aware of the details surrounding this hip implant recall. If you have undergone a procedure and are facing another painful replacement Okun, Oddo and Babat handles medical and medical device litigation and we can expertly evaluate your circumstances  and protect your legal rights. You may be entitled to compensation from the manufacturer. Affected patients may be entitled to compensation for injuries they have suffered as a result of the failed DePuy ASR implants.

At Okun, Oddo & Babat, we know the medical device industry and the status of cases filed against various manufacturers. Our attorneys have the experience to determine liability and obtain the maximum compensation for victims of medical device failure. We are committed to holding the drug companies to their obligation to warn about the known risks of their products. Contact us for an appointment.

Motor Vehicles Injuries Are The Leading Cause of Injury Related Death in New York State

The New York State Department of Health website states that Motor vehicles traffic injuries are “the leading cause of injury related death, second leading cause of injury related hospitalizations and third leading cause for injury related emergency department visits in New York State.” Studies available on the website and through links provided there indicate specific incidence, risk factors and societal costs for traffic crashes and injuries as well as safety tips to avoid such injuries.

Slick spots on the road caused by rain, snow, freezing temperatures can in many cases be the cause of accidents. Driver distraction, using handheld mobile devices while driving are another unfortunate cause of accidents today. Unfortunately reckless driving accidents occur every day. If you or someone you know has been injured in a motor vehicle accident and suffered personal or property injury, or wrongful death through the fault of someone else, contact us right away for a consultation. We will evaluate the circumstances, educate you on your legal rights and if necessary pursue prompt, fair and just compensation that may be due you as a result of the negligence or recklessness of others. Please call Okun, Oddo & Babat at 212-642-0950 or you may email us.

Senior Care & Skilled Nursing Home Negligence

It’s a difficult decision to place someone you love in a nursing home. After screening facilities and ultimately making a decision, it’s important as a family member to be mindful of the circumstances and monitor for any signs of negligence since elders are in many cases are emotionally and/or physically unable report inadequate care. Be aware of the patients care needs including hygiene, medication and nutrition, develop a regular rapport with nursing and specialized staff to discuss care and be mindful of the physical appearance of the patient upon visiting. It’s important to take notes and ask for questions and explanations as issues arise. A report should be filed immediately if any physical or emotional changes are evident.

Neglect can be difficult to determine since the aging process itself can take a physical and emotional toll on the body. One of the most common signs of neglect is the development of skin ulcers, better known as bed sores. When patients are left resting in one position for long periods of time, bones and skin are subject to friction and pressure, resulting in painful skin sores which can develop and worsen very quickly. Nurses are required to regularly turn patients to prevent the development of bed sores, which are not only very painful, but have the potential to lead to very serious and sometimes life threatening infections. If bedsores are present and reported, nursing home staff should treat them immediately.

Staff members who are unwilling to respond to inquiry immediately or who refuse to allow family or friends to visit unattended should be reported to supervisory staff. Other types of nursing home abuse may be:

• Witholding food or not providing food according to prescribed schedule

• Poor hydration

• Failing to dispense medication on schedule

• Medication errors

• Poor sanitary and toiling facilities

• Inadequate daily hygiene, care and grooming

• Improper supervising

• Verbal, mental or physical abuse

• Failure to recognize need for or provide emergency care

If you notice signs of depression, personality changes and changes in physical appearance and suspect any care neglect or nursing home abuse, please call Okun, Oddo & Babat at 212-642-0950 immediately for a consultation and evaluation. You may also email us. We pride ourselves on being advocates for elders in these unfortunate circumstances.

New York City Subway Accidents

A recent New York Times article indicated that while the subway operator’s union is advising its member workers to “drastically reduce their trains speeds,” The Metropolitan Transportation Authority has officially stated that any change in train speed would be a “violation of work rules.”

While the union’s effort to reduce train speeds is in an attempt to avoid subway accidents as well as the effects these accidents have on works – emotionally and financially, The MTA’s position is that slower trains, would mean, less trains, more crowded trains and thereby a potential increase in New York City train accidents. The MTA is being criticized for what Transportation Union Workers president John Samuelson calls putting rider safety as a second priority. The MTA is currently exploring what they consider to be more effective proposals to increase train platform safety, according to spokesman Charles Seaton. The New York Times article states that in 2012, 55 died after being hit by trains. Many were suicides.

Union of Subway Drivers Urges Slower Train Speeds
by Matt Flegenheimer
New York Times, January 14, 2013